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HomeMy WebLinkAboutAgenda Packet City Council - 05/23/2017 Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday, May 23,2017 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 Joe McComb to call the meeting to order. B. Invocation to be given by Deacon Michael Mantz, Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States to be led by Mark Paul Infante, Senior Valedictorian, Richard King High School. D. Assistant City Secretary Paul Pierce to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-0647 Proclamation declaring May 21 - 27, 2017, "National Public Works Week". Proclamation declaring May 24, 2017, "Mary McLeod Bethune 75 Years of Early Child Development in the Coastal Bend Day". Commendation for Felix Longoria, Jr - Honoring Him for His Service to His Country. Swearing-In Ceremony for Newly Appointed Municipal Court Judge. Corpus Christi Page 1 Printed on 5/22/2017 City Council Meeting Agenda-Final May 23,2017 F. Mayoral Appointments 2. 17-0667 Appointment of Mayor Pro Terns Motion to approve the Mayor Pro Tem service schedule for the remainder of 2017-18. Attachments: Agenda Memo- Mayor Pro Tem 2017-2018.pdf G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. MINUTES: 3. 17-0648 Regular Meeting of May 16, 2017 and Workshop of May 11, 2017. Attachments: Minutes- May 16, 2017.pdf Minutes- May 11, 2017.pdf I. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. K. 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. Corpus Christi Page 2 Printed on 5/22/2017 City Council Meeting Agenda-Final May 23,2017 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. L. CONSENT AGENDA: (ITEMS 4 - 14) 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. 17-0544 Supply Agreements for Veterinary Medicine and Supplies for the Animal Care Services Division within the Police Department Motion authorizing City Manager, or designee, to execute 12-month supply agreements with Patterson Veterinary Supply, Inc. of San Antonio, Texas, not to exceed $197,542.19, and Zoetis, Inc. of Parsippany, New Jersey, not to exceed $70,250.00, for veterinary medicine and supplies for the Corpus Christi Police Department, Animal Care Services Division, in accordance with Request for Bid No. 181, based on the lowest, responsive, responsible bids by grouped item for a total amount not to exceed $267,792.19, with an estimated expenditure of$30,000.00 in FY 2016-2017. Attachments: Agenda Memo-Veterinary Medicine and Supplies Bid Tabulation-Vet Meds.xlsx Patterson Veterinary Supply Agreement.pdf Form 1295-Patterson.pdf Zoetis Supply Agreement.pdf Form 1295-Zoetis 5. 17-0493 Resolution authorizing a Service Agreement for Fire Apparatus Maintenance for Parts and Services for the Fire Department Corpus Christi Page 3 Printed on 5/22/2017 City Council Meeting Agenda-Final May 23,2017 Resolution finding that the purchase of parts and services for Fire Department apparatus is necessary to preserve and protect the public health and safety of the City's residents and is also a sole source procurement; and authorizing the City Manager, or designee, to execute a service agreement with Siddons-Martin Emergency Group of Katy, Texas, to provide parts and services for a total amount not to exceed $200,000.00; and finding that the program is critical in sustaining fire apparatus' reliability for service. Attachments: Agenda Memo- Fire Apparatus Maint Parts and Services Resolution Sole Source Siddons-Martin CCFD vFina13 Service Agreement-Fire Apparatus Parts and Services Form 1295-Fire Apparatus Maint Parts and Services 6. 17-0481 Software Licensing Agreement for 1 Year Maintenance, Licenses and Cloud Services for LANDesk Software Motion authorizing the City Manager, or designee, to execute a software licensing agreement with Ivanti, Inc. (owner of LANdesk software) and purchase 12 months of software services and related licenses from SHI, Inc., of Austin, Texas, in accordance with the cooperative purchasing agreement of the Texas Department of Information Resources (DIR-SDD-2500), for an estimated expenditure of$77,090. Attachments: Agenda Memo- Landesk TUMS Agreement- EULA(Ivanti Redlines 21 April 2017) (002) SHI Quote-12914634 one year Form 1295 City of Corpus Christi 7. 17-0526 Purchase of Four 2017 Ford F-250 CNG Service Trucks for Water Utilities Department Motion approving the purchase of four 2017 Ford F-250 CNG service trucks from Rush Truck Centers of Texas, LP, of New Braunfels, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for the total amount not-to-exceed $180,996.00. Funds have been approved for FY2016-2017. Attachments: Agenda Memo- Ford F250 CNG Trucks Price Sheet- Ford F250 CNG Trucks 8. 17-0483 Lease-Purchase of One Peterbilt 348 Truck with Roll-Off Chassis for Solid Waste Department Motion authorizing the City Manager, or designee, to lease-purchase one Peterbilt 348 truck, with a roll-off chassis from Rush Truck Centers of Texas, L.P., of Houston, Texas, based on the cooperative purchasing Corpus Christi Page 4 Printed on 5/22/2017 City Council Meeting Agenda-Final May 23,2017 agreement with Houston-Galveston Area Council, for a total amount not-to-exceed $207,042.07, with an estimated expenditure of$6,901.40 in FY2016-2017. Attachments: Agenda Memo- Peterbilt 348 with Roll-Off Price Sheet- Peterbilt 348 with Roll-Off.xlsx Form 1295-Peterbilt 348 with Roll-Off.pdf 9. 17-0531 Resolution authorizing Advance Funding Agreement with the Texas Department of Transportation (TXDOT)for the adjustment of manholes and water valves on Saratoga Boulevard (SH 357) and Weber Road (FM 43) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of manholes and water valves on Saratoga Boulevard (SH 357) and Weber Road (FM 43) with the City's payment in the amount of$42,000. Attachments: Agenda Memo-SH 357 Manholes and Water Valves.docx Resolution -SH 357 Manholes and Water Valves.docx Budget-SH 357 Manholes and Water Valves.xlsx Location Map-SH 357 Manholes and Water Valves.pdf AFA -SH 357 Manholes and Water Valves.pdf Presentation -SH 357 Manholes and Water Valves.pptx 10. 17-0564 Resolution approving a Homebuyer Assistance Program agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. Resolution approving an agreement in the amount of$220,000, between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program - Homebuyer Assistance Program, ratifying acceptance of the agreement to begin April 1, 2017, and authorizing the City Manager or designee to execute said agreement. Attachments: Agenda Memo-Type A Agreement Resolution Type A CCHCD Agreement CCHCD Agreement 1295 Form Corpus Christi Business and Job Development Corporation 11. 17-0577 Supply Agreement for library books, audio and visual recordings for City Libraries Motion authorizing City Manager, or designee, to execute a supply agreement with Baker& Taylor, LLC, Charlotte, North Carolina for library books, audio and visual recordings based on the cooperative Corpus Christi Page 5 Printed on 5/22/2017 City Council Meeting Agenda-Final May 23,2017 purchasing agreement with TXSmartBuy (TXMAS) for a total amount not-to-exceed $660,000.00, with an estimated expenditure of $255,000.00 in FY 2016-2017. The term of the agreement is for 24 months with options to extend for up to two additional 12-month periods at the sole discretion of the City. Attachments: Agenda Memo- Library Books,Audio and Visual Recordings Supply Agreement- Library Books, Audio and Visual Recordings Form 1295-Library Books, Audio and Visual Recordings 12. 17-0542 Second Reading Ordinance - Street Closure of Airheart Point Road and a portion of Ocean Drive located east of Ocean Drive (1st Reading 5/16/17) Ordinance closing, abandoning, and vacating 0.737 Acre portion of a public right-of-way tract containing partially developed and surfaced street of Airheart Point Road and adjacent .071 and .017 acre portions of the existing right-of-way adjacent to Ocean Drive, as shown on the Plat of Alta-Vista on the Bay, a map of which is recorded in Volume 1, Page 22, Map Records of Nueces County, Texas, and requiring the abutting owners (Matthew A Comay, Sandra McKinnon and George and Gippie Hawn), to comply with specified conditions. Attachments: Agenda Memo-Airheart Point Road Ordinance -Airheart Point Road with Exhibits Aerial Maps-Airheart Point 13. 17-0565 Second Reading Ordinance -Accepting and appropriating Local Emergency Planning Committee grant through Texas Commission on Environmental Quality (TCEQ) (1st Reading 5/16/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant to the City of Corpus Christi/Nueces County Local Emergency Planning Committee (LEPC) in the amount of$92,662.80 from the Texas Commission on Environmental Quality (TCEQ) for reimbursement of expenses for Purchase of a Hazmat ID Detection Device for the Corpus Christi Fire Department, Update First Responder Service Areas in Nueces County, and City of Bishop Dispatch and EOC Enhancement Project; and appropriating the $92,662.80 in the No. 1062 Fire Grants Fund. Attachments: Agenda Memo- LEPC Grant Ordinance - LEPC Grant Contract-TCEQ LEPC Grant 14. 17-0566 Second Reading Ordinance -Appropriating funds for the Community Youth Development Program (CYD) Contract and subcontracts for CYD Program (1st Reading 5/16/17) Corpus Christi Page 6 Printed on 5/22/2017 City Council Meeting Agenda-Final May 23,2017 Ordinance authorizing the City Manager to execute the Community Youth Development program contract with the Texas Department of Family and Protective Services from June 1, 2017 to August 31, 2021 in the amount of$1,808,168.54, and appropriation of the funds in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing subcontracts with Boys & Girls Club of Corpus Christi, Communities in Schools of the Coastal Bend, Youth Odyssey, Inc. and the Y.W.C.A. Attachments: Agenda Memo-CYD Grant FY17-18 Ordinance -CYD Grant FY17-18 Contract-24426873 CYD Program Signed Service Agreement No. 161 - Boys and Girls Club Signed Service Agreement No. 1188-Communities In Schools of the Coastal B Service Agreement No. 1190-Youth Odyssey. Inc Signed Service Agreement No. 1192-YWCA Corpus Christi M. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. N. PUBLIC HEARINGS: (ITEMS 15 - 16) 15. 17-0543 Public Hearing and First Reading Ordinance - Rezoning property located at 115 Waco Street. Case No. 0417-03 ERF Real Estate, Inc.: A change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District. The property is described as being Blucher Subdivision A, Lot 10, located on the northwest corner of Waco Street and Kinney Street. Staff Recommendation (April 19, 2017): Denial of the change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District, in lieu thereof, approval of"Cl" Intensive Commercial District. Planning Commission (April 19, 2017): Approval of the change in zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by ERF Real Estate, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Blucher Subdivision A, Lot 10, from the "I H" Heavy Industrial District to the "IL" Light Industrial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 7 Printed on 5/22/2017 City Council Meeting Agenda-Final May 23,2017 Attachments: Agenda Memo 0417-03 ERF Real Estate, Inc. IL-Ordinance 0417-03 ERF Real Estate, Inc. CI-Ordinance 0417-03 ERF Real Estate, Inc. Aerial Maps-0417-03 ERF Real Estate, Inc. Zoning Report-0417-03 ERF Real Estate, Inc. 16. 17-0661 Public Hearing and First Reading Ordinance -Amending City Code and Drought Contingency Plan Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153, to revise Drought contingency Stage 1 and 2 triggers and Drought Management Practices; authorizing amendment to the Drought Contingency Plan approved by Ordinance No. 029846 and amended by Ordinance No. 030545 to reflect the changes to Sections 55-152 and 55-153; and providing for publication. Attachments: Agenda Memo Ordinance Amending the Drought Plan Amended Ordinance - Drought Contingency Plan (Redline) Amended Plan Drought Contingency Presentation - Drought Contingency Plan Ordinance amendment O. REGULAR AGENDA: (ITEMS 17 - 18) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 17. 17-0591 Second Reading Ordinance -Amending Fire Prevention Code to Allow a Third-Party Reporting System (1st Reading 5/16/17) Ordinance amending Corpus Christi Code of Ordinances, Fire Prevention Code to allow third-party inspection reporting system; authorizing the City Manager or designee to execute a one year agreement with Brycer, LLC, of Warrenville, IL for a third-party inspection reporting system; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda Memo-Amending Fire Prevention Code Ordinance -Amending Fire Prevention Code Contract-Amending Fire Prevention Code 18. 17-0616 Second Reading Ordinance - Mid-Year Budget Adjustment (1 st Reading 5/16/17) Ordinance amending current Operating Budget adopted by Ordinance No. 030965 as follows: a) increase revenues by $2,423,308 due to increased stop loss reimbursements and increase appropriations by $6,000,000 due to increased health care costs in the Citicare Group Health Fund; (b) increase revenues by $1,770,576 due to increased Corpus Christi Page 8 Printed on 5/22/2017 City Council Meeting Agenda-Final May 23,2017 stop loss reimbursements and increase appropriations by $3,800,000 due to increased health care costs in the Police Group Health Fund; (c) increase revenues by $246,476 due to increased stop loss reimbursements and increase appropriations by $800,000 due to increased health care costs in the Fire Group Health Fund. Attachments: Agenda Memo- Mid-Year Budget Amnd 5-16-17.doc Ordinance - FY 2017 Mid-Year Adiustment.doc.docx Presentation - Mid-year Health Plans P. FIRST READING ORDINANCES: (ITEMS 19 -22) 19. 17-0325 First Reading Ordinance -Amending City Code to modify the Auto Wrecker Ordinance and appropriating funds related to said modifications (Tabled 4/25/17) 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; 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, and for publication. Attachments: Agenda memo-wrecker ordinance 005.23.2017 Ordinance -Wrecker amendment 2017 (A) 20. 17-0446 First Reading Ordinance - One-way traffic flow along Rancho Vista Boulevard, between Yorktown Boulevard and future extension of Oso Parkway Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I - One Way Streets and Alleys by changing designated portions of Rancho Vista Boulevard East and Rancho Vista Boulevard West from a two-way traffic pattern to a one-way traffic pattern; providing for severance; and providing for publication. Attachments: Agenda Memo- Rancho Vista Blvd Ordinance - Rancho Vista - Direction Site Plan-Rancho Vista Vicinity Map- Rancho Vista.pdf Presentation - Rancho Vista Blvd 21. 17-0561 First Reading Ordinance -Adjusting Speed Zone on Ocean Boulevard from Sand Dollar Boulevard to North Gate of Air Station Corpus Christi Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Corpus Christi Page 9 Printed on 5/22/2017 City Council Meeting Agenda-Final May 23,2017 Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones by adding Ocean Drive from Sand Dollar Boulevard to North Gate of Naval Air Station Corpus Christi, and updating Ocean Drive from Airline Road to Sand Dollar Boulevard; providing for severance; and providing for publication. Attachments: Agenda Memo-Ocean Drive Speed Limit Change.docx Ordinance -Ocean Drive speed limit.docx Location Map-Ocean Drive Speed Limit Change.pdf Presentation-Ocean Drive Speed Limit.pptx 22. 17-0608 First Reading Ordinance -Amending City Code to Eliminate Utility Account Transfer Fee in Certain Circumstances Ordinance amending Chapter 55, Section 55-22, of the Code of Ordinances to eliminate the assessment of an administrative utility account transfer fee when related to a relocation of the customer due to a government-funded project; and providing for severance, publication, and an effective date. Attachments: Agenda Memo- Utility Code of Ordinances Amendment Ordinance -Transfer Fee Amendment vFinal Q. FUTURE AGENDA ITEMS: (ITEMS 23 - 35) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 23. 17-0642 Resolution approving application for the Automobile Burglary and Theft Prevention Authority (ABTPA) grant within the Police Department Resolution authorizing the City Manager or designee to submit a grant application in the amount of$488,211 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 17 with a City cash match of$710,217, in-kind match of$58,406, and program income match of$9,517 for a total project cost of$1,266,351 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda memo ATPA grant application 05.23.2017 Resolution -ABTPA Grant 2017 FY2018 budget backup 24. 17-0563 Resolution for the purchase and installation of PCR Thermocycler equipment for the Health Department Resolution authorizing the City Manager, or designee, to purchase QuantStudio Dx equipment and installation for the Health Department Corpus Christi Page 10 Printed on 5/22/2017 City Council Meeting Agenda-Final May 23,2017 from Thermo Fisher Scientific, Inc., of Waltham, Massachusetts, based on a sole source for a total amount not to exceed $184,253.50; and finding that the purchase of this QuantStudio Dx equipment and installation is necessary to preserve and protect the public health and safety of the City's residents. Attachments: Agenda Memo- QuantStudio Dx Equipment and Installation Resolution Sole Source - QuantStudio Dx Equipment and Installation Price Sheet-QuantStudio Dx Equipment and Installation Instrument Services Terms and Conditions -QuantStudio Dx Equipment and In Terms and Conditions of Sale -QuantStudio Dx Equipment and Installation 25. 17-0509 Construction Contract for Naval Air Station Corpus Christi Truck Inspection Staging Area Motion authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of$1,109,801.44 for Naval Air Station Corpus Christi Truck Inspection Staging Area for the total Base Bid plus Additive Alternate No. 1. Attachments: Agenda Memo- NASCC Truck Inspection Staging Area.docx Project Budget- NASCC Truck Inspection Staging Area Location Map NASCC Truck Inspection Staging Area.pdf Presentation NASCC Truck Inspection Staging Area.pptx Form 1295-NASCC Truck Inspection Staging Area.pdf Letter of Recommendation - NASCC Truck Inspection Staging Area.pdf 26. 17-0458 Supply Agreement for liquid aluminum sulfate for water treatment Motion approving a supply agreement with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey for liquid aluminum sulfate for water treatment in accordance with RFB 1072, based on lowest responsive, responsible bid, for a total amount of$1,532,180.00 of which $510,727.00 is budgeted in the Water Funds for FY2016-17. Attachments: Agenda Memo-Liquid Aluminum Sulfate Bid Tabulation-Liquid Aluminum Sulfate Supply Agreement-Liquid Aluminum Sulfate Form1295-Liquid Aluminum Sulfate 27. 17-0586 Service Agreement for Closed Circuit Television (CCN) Inspection and Cleaning of Large Diameter Wastewater Lines for Wastewater Department Motion approving a service agreement with CSI Consolidated, LLC dba Clean Serve, LLC, of Pearland, Texas for closed circuit televised Corpus Christi Page 11 Printed on 5/22/2017 City Council Meeting Agenda-Final May 23,2017 inspection (CCTV) of large diameter wastewater lines in accordance with RFB 1004/194, based on lowest responsive, responsible bid, for a total amount of$536,553.75 of which $134,138.00 is budgeted in the Water Fund for FY2016-17. The term of this agreement is for one year with an option to extend for up to four additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-CCTV Large Diameter Bid Tabulation -CCTV Large Diameter Service Agreement-CCTV Large Diameter 1295 Form-CCTV Large Diameter 28. 17-0024 Resolution approving the Wastewater Management Plan Resolution approving the City of Corpus Christi Wastewater Management Plan Final Report ("Final Report") regarding options for improvements to the City's wastewater treatment plants ("WWTPs") and adopting Option 4D as stated in the Final Report which provides for following key infrastructure components: (1) construction of a new 12 million gallons per day (MGD) wastewater treatment facility at a new site ("New WWTP") with recommended location in the area between the current Allison and Greenwood WWTPs; (2) consolidation of existing wastewater flows at two WWTPs: the New WWTP and an upgraded and expanded 20 MGD plant on the Oso WWTP site, with Broadway and Whitecap WWTPs to remain in service for foreseeable future; and (3) decommissioning of the Allison, Laguna Madre, and Greenwood WWTPs. Attachments: Agenda Memo- Resolution WW Management Plan Resolution -WWTP Management Plan Exhibit A-WW Management Plan Presentation -Wastewater Management Plan 29. 17-0656 Approving an Extension to the Agreement with Valero Refining - Texas, L.P. for recycled water Motion authorizing the City Manager or designee to execute a Sixty-day Extension to the Agreement for Exclusive Reservation of Recycled Water with Valero Refining - Texas, L.P. (Valero) for 4 million gallons per day (mgd). Attachments: Agenda Memo- Extension to the Agreement with Valero Refining for recycled w 2013 Agreement-Agreement for Exclusive Reservation of Recycled Water with First Amendment- Extension to the Valero Reservation Agreement Second Amendment- Extension to the Agreement for Exclusive Rervation of RE Agreement with Valero 60 Day Extension Signed by Valero Corpus Christi Page 12 Printed on 5/22/2017 City Council Meeting Agenda-Final May 23,2017 30. 17-0611 Amendment No. 1 to the Recycling Services Contract with BFI Waste Services Motion authorizing the City Manager, or designee, to execute the First Amendment to the Collection, Processing, and Marketing Residential Recycling Commodities contract with BFI Waste Services of Texas, LP, and ratifying the effective date of the amendment to be May 1, 2017. Attachments: Agenda Memo- Recycling Contract Amendment C Agreement- BFI Recycling Amendment1 vFinal1 Form 1295-BFI Waste Services of Texas 31. 17-0597 Purchase of 12 inch steel pipe for Gollihar Street Improvement Project Motion approving the purchase of 12 inch steel pipe for the Gas Department from Texas Pipe & Supply Company, of Corpus Christi, Texas, in response to Request for Bid No. 1124 based on the lowest, responsive, responsible bid for a total amount not to exceed $106,954.00. Attachments: Agenda Memo-Steel Pipe Bid Tabulation-Steel Pipe 32. 17-0533 Service Agreement for Appraisal Services for Corpus Christi International Airport Motion authorizing the City Manager or designee to execute a service agreement with Aviation Management Consulting Group, Centennial, Colorado, for appraisal services for the Corpus Christi International Airport, in accordance with RFP No. 180, based on responsive and responsible proposal. The agreement will be for$140,000.00, and $30,000.00 will be funded in FY2016-2017. The term of the agreement is for five years, subject to the approval of the Contractor and the City Manager, or designee. Attachments: Agenda Memo-Appraisal Services for CCIA Matrix RFP 180 Appraisal Services for CCIA.pdf Service Agreement-Appraisal Services for CCIA Form 1295-Appraisal Services for CCIA 33. 17-0663 Resolution supporting the application for financial assistance from the Texas Water Development Board to refund the Choke Canyon debt obligation Resolution requesting financial assistance from the Texas Water Development Board for the refunding of City obligations incurred by the City under Federal Contract No. 6-07-01-X0675 by and among the City, the United States of America, and the Nueces River Authority; Corpus Christi Page 13 Printed on 5/22/2017 City Council Meeting Agenda-Final May 23,2017 authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from its Water Development Fund; and other matters in connection therewith. Attachments: Agenda Memo for TWDB Application Resolution - Requesting Assistance for Choke Canyon Refundinq(TWDB) 34. 17-0634 Resolution supporting the Downtown Management District's application for Cultural District Designation Resolution supporting the Downtown Management District's application for the designation of a Cultural District and authorizing the certification of a Cultural District to be named Downtown Corpus Christi Cultural District for at least ten (10) years. Attachments: Agenda Memo-Cultural District Application Resolution -DMD Cultural District Application Texas Cultural District Program Overview 35. 17-0651 Contract for Professional Services for Packery Channel Monitoring Motion authorizing the City Manager, or designee, to execute a contract for professional services with Texas A & M University - Corpus Christi (TAMU-CC) in the amount of$257,745 for Packery Channel Monitoring. Attachments: Agenda Memo- Packery Channel Monitoring 2017 Budget-Packery Channel Monitoring 2017 Location map -Packery Channel 2017 TAMU-CC Contract Packery Channel signed Presentation - Packery Channel Monitoring 2017 R. FUTURE CORPORATION MEETING: (ITEM 36) 36. 17-0640 Special Corporation Meeting of the North Padre Island Development Corporation Attachments: NPIDC Agenda Packery Channel Monitoring NPIDC Agenda Memo- Packery Channel Monitoring MINUTES NPID -January 17, 2017 TIF#2 March 2017 Financial Fund 1111 North Padres Island TIRZ2 Budget 5.15.17 TAMU-CC Contract Packery Channel Monitoring 03082017 S. BRIEFINGS: (NONE) 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. Corpus Christi Page 14 Printed on 5/22/2017 City Council Meeting Agenda-Final May 23,2017 T. 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. U. EXECUTIVE SESSION: (ITEMS 37 -39) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 37. 17-0571 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 emergency service districts, the provision of fire and ambulance services, dispatching, 911 services, Chapter 143 of the Texas Local Government Code, and collective bargaining. 38. 17-0652 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning claims and litigation including, but not limited to, the case of Graziella G. Mesa vs. City of Corpus Christi, Texas. 39. 17-0671 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. V. 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. W. ADJOURNMENT Corpus Christi Page 15 Printed on 5/22/2017 �yvs cr� �o 0 AGENDA MEMORANDUM f+conrnxpE xs� Action Item for the City Council Meeting of May 23, 2017 DATE: May 23, 2017 TO: Mayor and Council FROM: Paul Pierce, Assistant City Secretary paulp@cctexas.com (361) 826-3105 Mayoral Appointment of Mayor Pro Terns CAPTION: Motion to approve the Mayor Pro Tem service schedule for the remainder of 2017-18. PURPOSE: Mayor McComb is recommending a Mayor Pro Tem service schedule for Council confirmation. BACKGROUND AND FINDINGS: Article II, Section 4 of the City Charter provides that the city council shall nominate and confirm one of the council members who shall be known and designated as mayor pro tem. Historically, the practice has been that the Mayor recommends a rotating schedule that gives each Council member an opportunity to serve as Mayor Pro Tem. The Council confirms the schedule by motion. Mayor McComb is recommending the following schedule for the remainder of 2017-2018: Begin Date End Date Mayor Pro Tem 3/11/17 6/06/17 Lucy Rubio 6/07/17 9/02/17 Michael Hunter 9/03/17 11/29/17 Ben Molina 11/30/17 2/25/18 Paulette Guajardo 2/26/18 5/24/18 Greg Smith 5/25/18 8/20/18 Rudy Garza 8/21/18 End of term Member to be Appointed CONFORMITY TO CITY POLICY: City Charter FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): None Comments: None LIST OF SUPPORTING DOCUMENTS: None. Cornus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 y cctexas.com Meeting Minutes City Council Tuesday, May 16,2017 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 11:30 a.m. B. Invocation to be given by Pastor Rob Bailey, Southside Community Church. Pastor Rob Bailey gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Joey Gold, W. B. Ray High School Senior, Navy Junior Reserve Officers Training Corps. Ms. Elizabeth Hardin 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 5/19/2017 City Council Meeting Minutes May 16,2017 E. Proclamations /Commendations 1. Proclamation declaring May 15-21, 2017, "National Salvation Army Week". Proclamation declaring May 18, 2017, "Dr. Hector P. Garcia & Dr. Cleo Garcia, American GI Forum Chapters of Texas, 'Stand Up for Veterans', 6th Annual Scholarship Awards Banquet". Proclamation declaring May 19, 2017, "Bike to Work Day", May 15-19, 2017, "Bike to Work Week" and May 2017, "National Bike Month". Proclamation declaring May 2017, "Motorcycle Safety & Awareness Month". Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. Mayor Pro Tem Rubio presented the proclamations and conducted the swearing-in ceremony for newly appointed board, commission and committee members. 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. Matt Eckstrom, 1726 NPID, spoke regarding Agenda Item 29, a service agreement for dumpster collection services, and stated that Killian Calderon Disposal should be considered for the following reasons:their bid is within 1%of that of the vendor recommended by staff; Killian Calderon Disposal is the only locally owned,full-service trash provider; and will provide an economic impact to the City.Abel Alonzo, 1701 Thames,spoke regarding Agenda Item 29, a service agreement for dumpster collection services, and requested that the City Council consider awarding points for local businesses during the bidding process. Tony Reyes,911 Park Avenue; Henry Williams, 2422 Summers St.;James Perez, 260 Circle; Minta Moore, 15205 SPID; and Joan Veith, 5701 Cain Drive asked for more police officers and firefighters. Ken Baker, 7421 Idle Hour,expressed concerns regarding electrical building codes and spoke in support of additional police officers.Jack Gordy,4118 Bray, spoke in support of hiring additional police officers and addressed issues relating to enforcement of ordinances regulating illegal signs and parking. Margareta Fratila, 3606 Tripoli,spoke regarding the following:the need to address street signage; issuing fines for buildings without street numbers; and the Police Department's use of geotracking. Susie Luna Saldana, 4710 Hakel, Corpus Christi Page 2 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 spoke regarding Agenda Item 29, a service agreement for dumpster collection services, consideration for best value and local bidders; and the selection process for the soon-to-be vacant city council at-large position. 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)A demonstration on backflow prevention devices will be held Wednesday, May 17,2017 at 10:00 a.m. at the Utilities Department located at 2726 Holly Road. The demonstration will be conducted by the Texas Board of Plumbing Examiners and is open and free to the public. The demonstration is part of the ongoing effort to ensure the quality of the City's water 2) City Hall in the Mall will be held at La Palmera Mall on Saturday, May 20,2017 from 11:00 a.m. to 6:00 p.m. 3) City Manager Rose congratulated Assistant Director of Parks and Recreation Stacie Talbert Anaya who will be leaving the City of Corpus Christi to serve as Director of Parks and Recreation of the City of Lewisville. G. MINUTES: 2. Regular Meeting of May 9, 2017 and Workshop of May 4, 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 Vaughn and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 14) Approval of the Consent Agenda Mayor Pro Tem Rubio referred to the Consent Agenda. There were no comments from the public.A council member requested that Item 3 be pulled for individual consideration. Council Member Vaughn made a motion to approve the consent agenda, seconded by Council Member Molina. 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 4. Resolution to intervene in AEP's filing at the Public Utility Corpus Christi Page 3 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 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. This Resolution was passed on the consent agenda. Enactment No: 031135 5. 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. This Resolution was passed on the consent agenda. Enactment No: 031136 6. Second Reading Ordinance - Rezoning property located at 3825 County Road 69 (1st Reading 5/9/17) 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. 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. 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 Corpus Christi Page 4 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031137 7. Second Reading Ordinance -Amending the Urban Transportation Plan by removing the proposed extension of Delgado Street between Greenwood Drive and Castenon Street (1st Reading 5/9/17) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031138 8. Second Reading Ordinance -Accepting and appropriating funds for the FY 2016 Operation Stonegarden Grant Program within the Police Department(1st Reading 5/9/17) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031139 9. Second Reading Ordinance -Accepting and appropriating grant funds for the FY 2017 Click It Or Ticket Program within the Police Department(1st Reading 5/9/17) 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. Corpus Christi Page 5 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 This Ordinance was passed on second reading on the consent agenda. Enactment No: 031140 10. Second Reading Ordinance -Accepting and appropriating funds for the Community Preparedness Section - Laboratory Response Network - Public Health Emergency Preparedness (CPS-LRN-PNEP) grant within the Health Department (1st Reading 5/9/17) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031141 11. Second Reading Ordinance -Accepting and appropriating funds for grant amendment for the Women, Infant and Chilldren's Nutrition Program (WIC) grant within the Health Department (1st Reading 5/9/17) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031142 12. Second Reading Ordinance - Closing a portion of a utility easement located at 3733 South Port Avenue (1 st Reading 5/9/17) Ordinance abandoning and vacating a 268-square foot portion of an existing utility easement out of a part of Great Gulf Corporation, Block Corpus Christi Page 6 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031143 13. Second Reading Ordinance -Appropriating funds bequeathed from Paralee Price estate for Library (1st Reading 5/9/17) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031144 14. Second Reading Ordinance - Creation of new Industrial District Agreement for Basic Equipment Co. Owned Property (1st Reading 5/9/17) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031145 3. 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 Corpus Christi Page 7 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 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. Mayor Pro Tem Rubio referred to Item 3, a supply agreement for aggregate trap rock for the City's street seal coat program. Director of Street Operations Andy Leal and a council member discussed the following topics:the amount of aggregate trap rock to be purchased;the materials in aggregate trap rock; the unit price; and the cost reduction. Council Member Smith made a motion to approve the motion, seconded by Council Member Garza. This Motion 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: M2017-059 M. PUBLIC HEARINGS: (ITEM 15) 15. Public Hearing and First Reading Ordinance -Street Closure of Airheart Point Road and a portion of Ocean Drive located east of Ocean Drive Ordinance closing, abandoning, and vacating 0.737 Acre portion of a public right-of-way tract containing partially developed and surfaced street of Airheart Point Road and adjacent .071 and .017 acre portions of the existing right-of-way adjacent to Ocean Drive, as shown on the Plat of Alta-Vista on the Bay, a map of which is recorded in Volume 1, Page 22, Map Records of Nueces County, Texas, and requiring the abutting owners (Matthew A Comay, Sandra McKinnon and George and Gippie Hawn), to comply with specified conditions. Mayor Pro Tem Rubio referred to Item 15. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to abandon and vacate a public right-of-way tract located at Airheart Point Road and adjacent to Ocean Drive. The closure involves three property owners and will allow the property owners to fence off the area to prevent and control vandalism and crime in the public access road. The owners have agreed to pay a one-time payment of$54,733 for this property. The City will maintain an easement over the entire area. Mayor Pro Tem Rubio opened the public hearing. There were no comments from the public. Mayor Pro Tem Rubio closed the public hearing. Council members and staff discussed the following topics:the reason the property would not revert back to the abutting property owners when closing an easement;the difference between the closure of a right-of-way and an easement;the definition of improvements to the area;the total acreage of the Corpus Christi Page 8 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 closure; and concerns regarding safety in the area. Council Member McComb 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 N. REGULAR AGENDA: (ITEMS 16 - 18) 16. Second Reading Ordinance -Appointing Part-Time Judge to Municipal Court Ordinance appointing Robert R. Garcia as a part-time judge of the Municipal Court of Record in the City of Corpus Christi; determining salary; providing a term of office; and declaring an effective date. Mayor Pro Tem Rubio referred to Item 16. City Secretary Rebecca Huerta stated that the purpose of this item is to appoint a part-time judge to Municipal Court. City Secretary Huerta stated that the first reading of this item was approved after executive session at the May 9,2017 Council meeting, as recommended by the Municipal Court Committee. There were no comments from the Council or the public. Mayor Pro Tem Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on second 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 Enactment No: 031146 17. Discussion and consideration of the process to fill a vacancy in the office of council member. Mayor Pro Tem Rubio referred to Item 17. City Secretary Rebecca Huerta stated that the purpose of this item is to discuss and consider the process to fill a vacancy in the office of council member. City Secretary Huerta presented the following information: a brief history of past council member vacancies; common practices used to fill the vacancy; and the recent changes made to the process in 2016 to include a background check, questionnaire, and public interviews. City Secretary Huerta suggested the following timeline:to accept applications for the vacant at-large city council position from May 18-June 2, 2017; individual council members review applications June 8 -12,2017; city council executive session to review and discuss applications and name finalists on Tuesday,June 13,2017; hold public interviews, deliberate in city council executive session and name selected applicant in open session at a Special Council Meeting on Thursday, June 20, 2017; and the newly selected Corpus Christi Page 9 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 at-large council member will be sworn-in to office on Tuesday,June 20,2017. Mayor Pro Tem Rubio called for comments from the public.Abel Alonzo, 1701 Thames,thanked City Secretary Huerta for her recommendations and spoke in support of the public interview process. Council members and City Secretary Huerta discussed the following topics: support for conducting interviews in open session;eliminating the special council meeting date of June 15,2017; expediting the timeline; consideration to change the period applications are accepted to one week; and the background check process. City Secretary Huerta recommended that the City Council table this item to later in the meeting to allow her time to provide a revised timeline based on City Council's comments. Council Member Hunter made a motion to table this item to later in the meeting,seconded by Council Member Molina. This Motion 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 18. 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). Mayor Pro Tem Rubio referred to Item 18. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a construction contract with D&SS Construction, Inc.for the Community Park Development and Improvements -Salinas Park-Bond 2012, Proposition 4. There were no comments from the public. Council members and staff discussed the following topics:the informal memo clarifying the design fees and design fee scope of work; whether the project requires a landscape architect;the Request for Qualification (RFQ) Process; whether the architect and engineering services were procured through a RFQ process or sole source; a suggestion to include information in future agenda memos regarding the composition of the RFQ's evaluation team; accountability of staff on projects; and addressing improvements to parking at Salinas Park. Council Member Rubio made a motion to approve the motion, seconded by Council Member Vaughn. This Motion was passed and approved with the following vote: Corpus Christi Page 10 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 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: M2017-061 L. RECESS FOR LUNCH Mayor Pro Tem Rubio called for a brief recess at 1:44 p.m. Mayor Pro Tem Rubio reconvened the regular Council meeting at 2:19 p.m. N. REGULAR AGENDA: (ITEM 19) 19. Second Reading Ordinance -Authorizing a Service Agreement for Temporary Management and Operation of Al Kruse Tennis Center (1st Reading 5/9/17) Ordinance authorizing the City Manager or designee to execute a Service Agreement with Sweet Spot Tennis, LLC ("Contractor") for management and operations of AI 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 AI Kruse Tennis Center and the City will receive 5% of all Pro Revenue and 50% of collected City Revenue at AI Kruse Tennis Center. Mayor Pro Tem Rubio referred to Item 19. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to execute a service agreement with Sweet Spot Tennis, LLC for the management and operation of Al Kruse Tennis Center until a new Request for Proposal (RFP) process can be completed and a new contract awarded. There were no comments from the Council or the public. Council Member McComb made a motion to approve the ordinance,seconded by Council Member Molina. 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 Nay: 1 - Council Member Vaughn Abstained: 0 Enactment No: 031147 17. Discussion and consideration of the process to fill a vacancy in the office of council member. Mayor Pro Tem Rubio deviated from the agenda and returned to Item 17. City Secretary Huerta provided a revised timeline for the City Council's Corpus Christi Page 11 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 consideration. Council Member Carolyn Vaughn made a motion to accept applications for the vacant at-large city council position from May 18-June 2,2017; individual council members review applications June 8-12,2017; city council executive session to review and discuss applications and name finalists on June 13, 2017; hold public interviews, deliberate in city council executive session and name selected applicant in open session on June 20,2017;the newly selected at-large council member will be sworn-in to office on July 11, 2017; and utilizing the application packet as presented,seconded by Council Member Smith. This Motion 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: M2017-060 P. FUTURE AGENDA ITEMS: (ITEM 29) 29. Service Agreement for Dumpster Collection Services Motion authorizing City Manager, or designee, to execute a service agreement with Mark Dunning Industries, Inc., of Dothan, Alabama for dumpster collection services, in accordance with Request for Bid No. 1013, based on the lowest, responsive, responsible bid for a total amount not to exceed $110,454.59, with an estimated expenditure of $42,581.31 in FY 2016-2017. The term of this contract will be for one year with options to extend for two additional one-year periods at the sole discretion of the City. Mayor Pro Tem Rubio deviated form the agenda and referred to Future Agenda Item 29. Director of Solid Waste Operations Lawrence Mikolaczyk and Assistant Director of Financial Services Kim Baker responded to council members'questions on this item. This Motion was recommended to regular agenda. O. FIRST READING ORDINANCES: (ITEMS 20 -23) 20. First Reading Ordinance -Amending Fire Prevention Code to Allow a Third-Party Reporting System Ordinance amending Corpus Christi Code of Ordinances, Fire Prevention Code to allow third-party inspection reporting system; authorizing the City Manager or designee to execute a one year agreement with Brycer, LLC, of Warrenville, IL for a third-party inspection reporting system; providing for penalties; providing for severance; and providing for publication. Corpus Christi Page 12 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 Mayor Pro Tem Rubio referred to Item 20. Fire Chief Robert Rocha stated that the purpose of this item is to amending the City's Code of Ordinance, Fire Prevention Code to allow a third-party inspection reporting system and to execute a one-year agreement with Brycer, LLC for a third-party reporting system. There were no comments from the public. Council members and Chief Rocha discussed the following topics: an explanation of the third-party inspection process;the contract providing a new reporting process to service providers who inspect and test fire protection and safety systems; whether there are local vendors for inspection reporting; whether there is a redundance of services and whether the work could be performed by the Fire Department; the cost of the inspection; and the amendment to the City's Code of Ordinance to authorize the fee. Council Member Garza 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: 6- Council Member Guajardo, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Nay: 1 - Council Member Garza Absent: 1 - Council Member Hunter Abstained: 0 21. First Reading Ordinance -Accepting and appropriating Local Emergency Planning Committee grant through Texas Commission on Environmental Quality (TCEQ) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant to the City of Corpus Christi/Nueces County Local Emergency Planning Committee (LEPC) in the amount of$92,662.80 from the Texas Commission on Environmental Quality (TCEQ) for reimbursement of expenses for Purchase of a Hazmat ID Detection Device for the Corpus Christi Fire Department, Update First Responder Service Areas in Nueces County, and City of Bishop Dispatch and EOC Enhancement Project; and appropriating the $92,662.80 in the No. 1062 Fire Grants Fund. Mayor Pro Tem Rubio referred to Item 21. Fire Chief Robert Rocha stated that the purpose of this item is to accept and appropriate a grant to the City of Corpus Christi/Nueces County Local Emergency Planning Committee (LEPC) in the amount of$92,662.80 from the Texas Commission on Environmental Quality(TCEQ)for reimbursement of expenses for the purchase of a Hazmat ID Detection Device for the Corpus Christi Fire Department, update first responder service areas for Nueces County, and the City of Bishop Dispatch and the Emergency Operations Center(EOC) Enhancement Project. There were no comments from the Council or the public. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and Corpus Christi Page 13 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Hunter Abstained: 0 22. First Reading Ordinance -Appropriating funds for the Community Youth Development Program (CYD) Contract and subcontracts for CYD Program Ordinance authorizing the City Manager to execute the Community Youth Development program contract with the Texas Department of Family and Protective Services from June 1, 2017 to August 31, 2021 in the amount of$1,808,168.54, and appropriation of the funds in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing subcontracts with Boys & Girls Club of Corpus Christi, Communities in Schools of the Coastal Bend, Youth Odyssey, Inc. and the Y.W.C.A. Mayor Pro Tem Rubio referred to Item 22. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to execute the Community Youth Development program contract with the Texas Department of Family and Protective Services and authorize subcontracts with four local non-profit risk-based programs. There were no comments from the Council or the public. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Hunter Abstained: 0 23. First Reading Ordinance - Mid-Year Budget Adjustment Ordinance amending current Operating Budget adopted by Ordinance No. 030965 as follows: a) increase revenues by $2,423,308 due to increased stop loss reimbursements and increase appropriations by $6,000,000 due to increased health care costs in the Citicare Group Health Fund; (b) increase revenues by $1,770,576 due to increased stop loss reimbursements and increase appropriations by $3,800,000 due to increased health care costs in the Police Group Health Fund; (c) increase revenues by $246,476 due to increased stop loss reimbursements and increase appropriations by $800,000 due to increased health care costs in the Fire Group Health Fund. Corpus Christi Page 14 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 Mayor Pro Tem Rubio referred to Item 23. Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to increase appropriations and revenues in the three health insurance funds as follows: a $10,600,00 increase in appropriations and a$4,000,440 increase in revenues. Mr. Houlihan presented the budgets for the Citicare, Police and Fire Group Health Funds. Director of Human Resources Steven Viera was available to respond to questions. There were no comments from the public. Council members and staff discussed the following topics:whether the mid-year budget adjustment will carry through the year;the funding coming from reserve fund balance;whether this process was done last fiscal year;the amount remaining in reserves;the impact on bond ratings; a consumer-driven health plan; contractual obligations with police and fire;the number of general employees and retirees; a future recommendation from staff to address rising health care costs;the amount of funds spent on out-of-network providers; use of unrestricted funds; a future policy addressing an increase the reserve balance;whether police and fire have the same health care plan; the number and substantial dollar amount of recent catastrophic claims in the police health fund;educating employees regarding in-network and out-of-network usage and the related financial impact; and negative financial impact the Affordable Care Act has had on the health insurance plan. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Guajardo. 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: (ITEMS 24 - 28 AND 30 - 32) Mayor Pro Tem Rubio referred to Future Agenda Items 24-28 and 30-32. City Manager Margie C. Rose stated that staff had no planned presentations. Council members requested information on Items 27,28, and 31. 24. Supply Agreements for Veterinary Medicine and Supplies for the Animal Care Services Division within the Police Department Motion authorizing City Manager, or designee, to execute 12-month supply agreements with Patterson Veterinary Supply, Inc. of San Antonio, Texas, not to exceed $197,542.19, and Zoetis, Inc. of Parsippany, New Jersey, not to exceed $70,250.00, for veterinary medicine and supplies for the Corpus Christi Police Department, Animal Care Services Division, in accordance with Request for Bid No. 181, based on the lowest, responsive, responsible bids by grouped item for a total amount not to exceed $267,792.19, with an estimated expenditure of$30,000.00 in FY 2016-2017. This Motion was recommended to the consent agenda. 25. Resolution authorizing a Service Agreement for Fire Apparatus Corpus Christi Page 15 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 Maintenance for Parts and Services for the Fire Department Resolution finding that the purchase of parts and services for Fire Department apparatus is necessary to preserve and protect the public health and safety of the City's residents and is also a sole source procurement; and authorizing the City Manager, or designee, to execute a service agreement with Siddons-Martin Emergency Group of Katy, Texas, to provide parts and services for a total amount not to exceed $200,000.00; and finding that the program is critical in sustaining fire apparatus' reliability for service. This Resolution was recommended to the consent agenda. 26. Software Licensing Agreement for 1 Year Maintenance, Licenses and Cloud Services for LANDesk Software Motion authorizing the City Manager, or designee, to execute a software licensing agreement with Ivanti, Inc. (owner of LANdesk software) and purchase 12 months of software services and related licenses from SHI, Inc., of Austin, Texas, in accordance with the cooperative purchasing agreement of the Texas Department of Information Resources (DIR-SDD-2500), for an estimated expenditure of$77,090. This Motion was recommended to the consent agenda. 27. Purchase of Four 2017 Ford F-250 CNG Service Trucks for Water Utilities Department Motion approving the purchase of four 2017 Ford F-250 CNG service trucks from Rush Truck Centers of Texas, LP, of New Braunfels, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for the total amount not-to-exceed $180,996.00. Funds have been approved for FY2016-2017. This Motion was recommended to the consent agenda. 28. Lease-Purchase of One Peterbilt 348 Truck with Roll-Off Chassis for Solid Waste Department Motion authorizing the City Manager, or designee, to lease-purchase one Peterbilt 348 truck, with a roll-off chassis from Rush Truck Centers of Texas, L.P., of Houston, Texas, based on the cooperative purchasing agreement with Houston-Galveston Area Council, for a total amount not-to-exceed $207,042.07, with an estimated expenditure of$6,901.40 in FY2016-2017. This Motion was recommended to the consent agenda. Corpus Christi Page 16 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 30. Resolution authorizing Advance Funding Agreement with the Texas Department of Transportation (TXDOT)for the adjustment of manholes and water valves on Saratoga Boulevard (SH 357) and Weber Road (FM 43) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of manholes and water valves on Saratoga Boulevard (SH 357) and Weber Road (FM 43) with the City's payment in the amount of$42,000. This Resolution was recommended to the consent agenda. 31. Supply Agreement for library books, audio and visual recordings for City Libraries Motion authorizing City Manager, or designee, to execute a supply agreement with Baker& Taylor, LLC, Charlotte, North Carolina for library books, audio and visual recordings based on the cooperative purchasing agreement with TXSmartBuy (TXMAS) for a total amount not-to-exceed $660,000.00, with an estimated expenditure of $255,000.00 in FY 2016-2017. The term of the agreement is for 24 months with options to extend for up to two additional 12-month periods at the sole discretion of the City. This Motion was recommended to the consent agenda. 32. Resolution approving a Homebuyer Assistance Program agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. Resolution approving an agreement in the amount of$220,000, between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program - Homebuyer Assistance Program, ratifying acceptance of the agreement to begin April 1, 2017, and authorizing the City Manager or designee to execute said agreement. This Resolution was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 33) 33. O.N. Stevens Water Treatment Plant Sludge Removal Mayor Pro Tem Rubio referred to Item 33. Interim Executive Director of Utilities Dan Grimsbo stated that the purpose of this item is to discuss executing the option for the O.N. Stevens Water Treatment Plant Intermediate Sludge Removal contract. The presentation team included: Logan Burton, LNV Inc.; Director of Solid Waste Lawrence Mikolajczyk; and Assistant Director of Solid Corpus Christi Page 17 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 Waste Ivan Luna. Executive Director Grimsbo presented the following information: background on sludge removal;the project schedule; progress to-date and demobilization costs;the capacity reached at each lagoon; beneficial uses and other applications; and a summary and recommendation. The Utilities Department would like to exercise the option year for the current contract to allow the treatment plant approximately five to six years of operating time to develop long-term solutions. Staff will continue to try to use the pollywog pond's capacity,which could extend the five-to six-year estimate. LNV, Inc.,through a Request for Proposal (RFP) process,will identify long-term solutions. Council members and the presentation team spoke regarding the following topics: previous City Council discussion to have this item come back in July; the current contractor being ahead of schedule and exercising the optional year, allowing for the continued removal of an additional 18,050 dry tons (DT) sludge;the ability to hear from Denali regarding land application as an option; Denali receiving their permits for land application;the feasibility study including multi-pronged approaches to handling sludge removal; the timeframe for a new RFP; continuation of the current process to ensure water quality; cost difference with land application;expectations of a new study on sludge removal and associated costs; the long-term plan including: land application, hauling sludge to landfill, digging another lagoon, life-cycle analysis, and traffic and environmental impacts;the number of belt presses currently operating; how exercising the optional year contract extensions will impact the budget;the use of sludge removal in landfill operations;the contractor's de-mobilization and re-mobilization costs; cost reductions associated with exercising the optional year contract extension; an explanation of the drainage from Lagoons 5 and 6 to Lagoon 7;the length of time it took to permit the Cefe Valenzuela Landfill;the amount of alum puchased annually; uses for cap soil and the ability to distribute it; liability issues with applications; review of less expensive options to address sludge removal; the change order being considered for a generator; and whether the City has the ability to haul the sludge. MOTION OF DIRECTION Council Member Garza made a motion directing the City Manager to bring back different sludge removal options for consideration no later than late June, seconded by Council Member Smith and passed unanimously. R. LEGISLATIVE UPDATE: None. S. SPECIAL CONSIDERATION ITEM: (ITEM 34) 34. Ordinance canvassing returns of the Special Election for Mayor Ordinance canvassing returns and declaring the results of the Special Election held on May 6, 2017 in the City of Corpus Christi for the purpose of electing the Mayor; making appropriate findings; and declaring an emergency. Mayor Pro Tem Rubio referred to Item 34, canvassing returns of the May 6, Corpus Christi Page 18 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 2017 Special Election for the purpose of electing the Mayor. Mayor Pro Tem Rubio read the results of the election. 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 emergency 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: 031148 S. EXECUTIVE SESSION: (ITEMS 35 - 38) Mayor Pro Tem Rubio referred to the day's executive sessions. The Council went into executive session at 5:09 p.m. The Council returned from executive session at 7:43 p.m. 35. 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). This E-Session Item was discussed in executive session. 36. 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 disposal of waste in Type IV Landfill (as described in 30 TAC § 330.5) located at/near 1435 County Road 26 (also known as Gulley-Hurst Landfill) and municipal solid waste fees. This E-Session Item was discussed in executive session. 37. 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 state and Corpus Christi Page 19 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 federal regulations involving funding for the construction of Holly Road between Crosstown Freeway and Greenwood Drive and the possible need to acquire additional property rights along said corridor to comply with said regulations and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Mayor Pro Tem Rubio referred to Item 37 and the following motion was considered: Motion of direction to request City staff re-scope the Holly Road Project between Crosstown Expressway and Greenwood Drive to a 3-lane section with center turn lane, designated right turn lanes at major intersections, and sidewalk and cycle track within existing funding. Council Member Hunter made a motion to approve the motion,seconded by Council Member Molina. This Motion 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: M2017-062 38. 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. Mayor Pro Tem Rubio referred to Item 38 and read the following statement: "The City Council has discovered that one of its municipal court judges,Young Min Burkett, does not meet the statutory requirements for status as a municipal court judge of U.S. citizenship and status as a qualified voter. Ms. Burkett did not make any misrepresentations in seeking appointment. Instead, the City did not ask this question in the qualification process. Therefore, Ms. Burkett has been placed on unpaid leave for a period of 90 days to give her an opportunity to obtain her U.S. citizenship. The Legal Department has reviewed this matter and determined the past rulings of this judge are not invalidated by this status." T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor Pro Tem Rubio referred to Identigy Council Future Agenda Items.A council member requested a briefing on the homelessness issue. U. ADJOURNMENT Corpus Christi Page 20 Printed on 5/19/2017 City Council Meeting Minutes May 16,2017 The meeting was adjourned at 7:46 p.m. Corpus Christi Page 21 Printed on 5/19/2017 CorCorpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Workshop Session Thursday, May 11,2017 3:00 PM 1201 Leopard Street Basement Training Room 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. Assistant City Secretary Paul Pierce 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 Risley, and City Secretary Rebecca L. Huerta. 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. Status of Fiscal 2017 Budget/Proposed FY 2018 Budget and Status of Fiscal 2017 Health Plans Mayor Pro Tem Lucy Rubio referred to Item 1. City Manager Margie C. Rose provided opening remarks regarding the status of fiscal year 2017 budget/proposed fiscal year 2018 budget and the status of fiscal year 2017 health plans. Director of the Office of Management and Budget Eddie Houlihan presented information on the following topics: types of operating funds; description of the General, Enterprise, Special Revenue, Internal Service, and Debt Service Funds; number of employees in the General Fund; projected change in the General Fund balance; revenue/general resources; General Fund revenues; total General Fund expenditures; General Fund available resources distributed over major spending areas; change in revenue; and General Fund projected obligations and consideration for FY 2018. Director of Human Resources Steven Viera presented information on the Corpus Christi Page 1 Printed on 5/19/2017 City Council Workshop Session Meeting Minutes May 11,2017 following topics: the expenditure budgets for the FY 2017 Citicare, Citicare Police and Citicare Fire budgets;the per-employee, per-month cost for each plan; cost factors impacting health plans;the number of claimants and cost per claimaint of catastrophic cases, defined as $50,000 or more; and proposed changes. Council member and Director Viera discussed the following topics: the performance of the City's current contracted pharmacy benefit manager; proposed increases in premiums; a consumer-driven health plan to replace the current Citicare Plan; adding a wellness coordinator in-house versus under contract; renaming the current Citicare Plan the Premium Plan; eventually eliminating the Premium Plan;the City pays about 80%and the employee pays about 20%of civilian employee premiums; the City pays 100% of sworn police and fire employee premiums; the financial impact of catastrophic claims;the negative financial impact of the Affordable Care Act which resulted in higher deducibles for employees;the amount spent on healthcare from the General Fund; increases in cost of service being a reason for overall cost increases; an average cost of health care for each employee; sharp increases in public safety health care costs as compared to civilian employees;that an actuary, benefit consultant and plan administrator all advise the City on the health plan; evaluating the current self-funded versus a fully insured plan when plan administrator services are competitively procured next year; cost mitigation regarding prescription drugs; the cost of in-versus out-of-network services; wellness; preventive screening; employee participation in biometric screening to be eligible for a premium discount; incentivization; a description of and the costs associated with the "outside agencies"and"other activities"items in the General Fund; revising the cost sharing to incentivize employee use of in-network providers to reduce plan costs; providing employees with an insurance allowance, allowing employees to secure their own health insurance and the substantial penalties to the City associated with same as imposed by the Affordable Care Act; council members requesting staff provide a report detailing out-of-network costs; and the difference in the cost of the current wellness clinic versus completely privatized wellness clinic. Director Houlihan presented information on budget challenges/issues and legislative issues. Director of Finance Constance Sanchez presented information on the tax cap. Council members and Director Houlihan discussed the following topics: sales tax trends; nondepartmental budget expenditures;the amount in reserve for unexpected contingencies and using those monies for priorities. 2. Housing and Community Development/Affordable Housing Director of Housing and Community Development Rudy Bentancourt presented information on the following topics: the consolidated action plan; entitlement programs received; the Community Development Block Grant(CDBG) Program's 10-year funding trend; CDBG eligibility; FY2016-2017 CDBG funded projects;the HOME Investments Partnerships Program's 10-year funding trend; and the HOME Program's eligibility and FY2016-2017 funded projects. Council members and Director Bentancourt discussed the following topics: historical use of funds;whether funds carry over from year-to-year;types of projects funded through the HOME Program;the status of programs as Corpus Christi Page 2 Printed on 5/19/2017 City Council Workshop Session Meeting Minutes May 11,2017 reported on the City's website; and prioritization of projects to be funded. Director Bentancourt presented information on the following items: the Emergency Solutions Grant(ESG) Program's 10-year funding trend; ESG Program eligibility and FY2016-2017 funded projects; and Housing & Community Development programs. In response to a council member, Director Bentancourt stated that the proceeds from loans come back to the City to use. Director Benancourt presented information on the following topics: Local Funds -Type A; Homebuyer Assistance Program;the definition of affordable housing; current and future City affordable housing programs; and foreclosure properties. Area Manager of Linbarger Goggan Blair&Sampson Marvin Leary addressed council members'questions regarding sheriff's sales, right to redemption and the City pro rate share of the proceeds from the sale of foreclosed properties. Director Bentancourt presented information on the following topics: list of City-owned lots for affordable housing use; a summary of funding mechanisms; and proposed action. Council members and Director Bentancourt discussed the following topics: program and entitlement income; proposed elimination of the CDBG and HOME Programs by the federal government in fiscal year 2018-2019;that the City manages loans; the City's success rate relating to re-payment of loans; there are 10 homes currently being re-built;that program income is used to replenish the CDBG programs;the need for these programs; the City's recourse in the event people to whom the City has loaned money do not re-pay the loans;the number of loans now considered delinquent; and the total number of loans the City has made. D. ADJOURNMENT The meeting was adjourned at 5:49 p.m. Corpus Christi Page 3 Printed on 5/19/2017 se o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 16, 2017 NCORROP pEO 1852 Action Item for the City Council Meeting of May 23, 2017 DATE: May 16, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Police Chief MikeMa(a�cctexas.com 361-826-2601 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(a).cctexas.com (361) 826-3169 Veterinary Medicine and Supplies CAPTION: Motion authorizing City Manager, or designee, to execute 12-month supply agreements with Patterson Veterinary Supply, Inc. of San Antonio, Texas, not to exceed $197,542.19, and Zoetis, Inc. of Parsippany, New Jersey, not to exceed $70,250.00, for veterinary medicine and supplies for the Corpus Christi Police Department, Animal Care Services Division, in accordance with Request for Bid No. 181, based on the lowest, responsive, responsible bids by grouped item for a total amount not to exceed $267,792.19, with an estimated expenditure of$30,000.00 in FY 2016-2017. PURPOSE: These supply agreements will provide veterinary medicine and supplies for the Corpus Christi Police Department's Animal Care Services Division. BACKGROUND AND FINDINGS: These supplies and medicines will be utilized by the Corpus Christi Police Department's Animal Care Services Division, Veterinarian, to treat animals. These contracts provide unit pricing for specified items to be purchased on an "as needed" basis by the Animal Care Services Division. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received three responsive, responsible bids, out of 9 notifications issued, and is recommending the award to two lowest, responsive, responsible bidders, Patterson Veterinary Supply, Inc. for an amount not to exceed $197,542.19; and, Zoetis, Inc., for an amount not to exceed $70,250.00. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: These purchases conform to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Animal Control FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $113,274.57 $237,792.19 $351,066.76 Encumbered / Expended Amount $75,490.27 $0.00 $75,490.27 This item $30,000.00 $237,792.19 $267,792.19 BALANCE $7,784.30 $0.00 $7,784.30 Fund(s): General Fund Comments: The initial contracts are for an amount not to exceed $267,792.19, with an estimated expenditure of $30,000.00 funded in FY2016-2017. Future expenses will be requested during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement with Patterson Veterinary Supply, Inc. Service Agreement with Zoetis„ Inc. Bid Tabulation City of Corpus Christi Bid Tabulation Purchasing Division Bid Invitation No.181 Buyer:Michael Gutierrez Veterinary Medicine and Supplies Patterson Veterinary Supply,Inc. Zoetis,Inc. Ferguson Marion,Texas Parsippany,New Jersey Corpus Christi,Texas Item Description QTY Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price GROUP1 -SURGERY 1 Ansell Sensi Touch sterile surgical gloves 100 Box/50 $23.90 $2,390.00 no bid no bid no bid no bid latex powdered size 7 (Polydioxanone Suture Violet 2 monofilament 30"Reverse Cutting FS-1) 200 Box/12 $58.60 $11,720.00 no bid no bid no bid no bid 2-0 VFS-1 with 3/8 circle 24mm GENERIC OKAY (Polydioxanone Suture Violet 3 monofilament 30"Reverse Cutting FS-1) 55 Box/36 $357.80 $19,679.00 no bid no bid no bid no bid 2-0 VFS-1 3/8 circle 24mm GENERIC OKAY (25 Meters-Violet Monofilament 4 Polydioxanone Synthetic Absorbable 50 Cassette $70.89 $3,544.50 no bid no bid no bid no bid Sterile Suture on a cassette)2-0 GENERIC OKAY (Polydioxanone Suture Violet 5 monofilament 30"Reverse Cutting CP- 300 Box/12 $57.72 $17,316.00 no bid no bid no bid no bid ,1)0-0 '/2 circle 36mm GENERIC OKAY (Polydioxanone Suture Violet 6 monofilament 30"Reverse Cutting CP- 50 Box/36 $270.28 $13,514.00 no bid no bid no bid no bid 1)0-0 '/2 circle 36mm GENERIC OKAY (25 Meters-Violet Monofilament 7 Polydioxanone Synthetic Absorbable 20 Cassette $84.20 $1,684.00 no bid no bid no bid no bid Sterile Suture on a cassette)0-0 GENERIC OKAY 8Sterile Surgical Blade Size 10(100 per 50 Box/100 $15.35 $767.50 no bid no bid no bid no bid 9 Isoflurane,USP 250mL bottles 60 250ml/ $21.90 $1,314.00 no bid no bid no bid no bid bottle 10 Marcaine 0.5%(bupivacaine HCI 60 50ml vial $5.50 $330.00 no bid no bid no bid no bid injection,USP)50mL Multiple-Dose Vial 11 Carprofen 50mg/mL Injectable 20mL 60 20ml vial $113.20 $6,792.00 no bid no bid no bid no bid bottle GENERIC OKAY 12 Carprofen 50mg/mL Injectable 50mL 60 50ml no bid no bid no bid no bid no bid no bid bottle GENERIC OKAY bottle 13 Carprofen 25mg Chewable 180 tablets 50 Bottle/180 $52.72 $2,636.00 no bid no bid no bid no bid GENERIC OKAY 14 Carprofen 75mg Chewable 180 tablets 50 Bottle/180 $60.83 $3,041.50 no bid no bid no bid no bid GENERIC OKAY 15 Carprofen 100mg Chewable 180 tablets 50 Bottle/180 $76.87 $3,843.50 no bid no bid no bid no bid GENERIC OKAY 16 Non-Sterile 200 Non-woven Sponges 4"x 500 Box/10 $2.20 $1,100.00 no bid no bid no bid no bid 4",4 PLY 17 1 Endotracheal Tube 3.0 15 single $1.35 $20.25 no bid no bid no bid no bid 18 Endotracheal Tube 3.5 15 single $1.35 $20.25 no bid no bid no bid no bid 19 Endotracheal Tube 4.0 15 single $1.35 $20.25 no bid no bid no bid no bid 20 Endotracheal Tube 4.5 15 single $1.35 $20.25 no bid no bid no bid no bid 21 Endotracheal Tube 5.0 15 single $1.35 $20.25 no bid no bid no bid no bid 22 Endotracheal Tube 5.5 15 single $1.35 $20.25 no bid no bid no bid no bid 23 Endotracheal Tube 6.0 30 single $1.35 $40.50 no bid no bid no bid no bid 24 Endotracheal Tube 6.5 30 single $1.35 $40.50 no bid no bid no bid no bid 25 Endotracheal Tube 7.0 30 single $1.35 $40.50 no bid no bid no bid no bid 26 Endotracheal Tube 7.5 30 single $1.35 $40.50 no bid no bid no bid no bid 27 Endotracheal Tube 8.0 30 single $1.35 $40.50 no bid no bid no bid no bid 28 Endotracheal Tube 8.5 30 single $1.35 $40.50 no bid no bid no bid no bid 29 Endotracheal Tube 9.0 30 single $1.35 $40.50 no bid no bid no bid no bid 30 Endotracheal Tube 9.5 30 single $1.35 $40.50 no bid no bid no bid no bid 31 Endotracheal Tube 10.0 30 single $1.35 $40.50 no bid no bid no bid no bid 32 Endotracheal Tube 11.0 15 single $8.30 $124.50 no bid no bid no bid no bid 33 Surgical Drape Material 300 yds 38.5 12 3 Box/ $93.30 $1,119.60 no bid no bid no bid no bid 34 Carb 02 Lime Sodasorb 5 gal 20 5 gallon $85.50 $1,710.00 no bid no bid no bid no bid 35 Chlorohexidine Solution 2%gallon 5 1 Gal. $6.40 $32.00 no bid no bid no bid no bid 36 Chlorohexidine Scrub 2%gallon 5 1 Gal. $15.35 $76.75 no bid no bid no bid no bid 37 Blue Medicine Vial Medium 400ct 8 dram 3 Box $48.45 $145.35 no bid no bid no bid no bid 38 Ketchum Animal Tattoo 1 ounce green 10 Tube $5.20 $52.00 no bid no bid no bid no bid 39 3M Vetbond Tissue Glue.1fl ounce(3ml) 30 Tube $14.10 $423.00 no bid no bid no bid no bid 40 Ear Loop Masks 2ply Jorvet 5 Box/50 $4.15 $20.75 no bid no bid no bid no bid Page 1 of 3 Patterson Veterinary Supply,Inc. Zoetis,Inc. Ferguson Marion,Texas Parsippany,New Jersey Corpus Christi,Texas Item Description QTY Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price 41 21"Bouffant Caps GENERIC OKAY 5 Box $4.35 $21.75 no bid no bid no bid no bid 42 IStearn Indicator Tae 15 Roll $2.55 $38.25 no bid no bid no bid no bid GROUP 1 -TOTAL $93,921.95 no bid no bid GROUP 2-ANESTHETICS Item Description QTY Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price 43 KOettaaYine 100mg/mL 10ml vial GENERIC 200 10ml vial $5.09 $1,018.00 no bid no bid no bid no bid 44 Torbugesic 10mg/ml 50ml bottle 20 50ml $147.00 $2,940.00 no bid no bid no bid no bid GENERIC OKAY Bottle 45 Hydromorphine 2mg/mL(20ml-) 80 20ml $15.90 $1,272.00 no bid no bid no bid no bid GENERIC OKAY Bottle 46 Acepromazine 10mg/mL 50ml bottle 5 50ml $17.60 $88.00 no bid no bid no bid no bid GENERIC OKAY Bottle 47 Xylazine 100mg/mL 50ml bottle 5 50ml $17.35 $86.75 no bid no bid no bid no bid GENERIC OKAY Bottle 48 Medetomidine.5mg/ml 10ml vial 60 10ml vial no bid no bid no bid no bid no bid no bid GENERIC OKAY 49 Om�babol 1.8mL 10ml-vial GENERIC 2 10mL vial no bid no bid no bid no bid no bid no bid 50 Midazolam 5mg/ml 10ml vial GENERIC 300 10ml vial $6.98 $2,094.00 no bid no bid no bid no bid GROUP 2 -TOTAL $7,498.75 no bid no bid GROUP 3-VACCINATIONS Item Description QTY Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price 51 DHPP vaccine injectable 1ml 10,000 Single ml $5.65 $56,500.00 $2.49 $24,900.00 no bid no bid vial 52 Bordetella bronchiseptica intranasal 1ml 10,000 Single ml $5.55 $55,500.00 $2.55 $25,500.00 no bid no bid vial 53 Rabies 3 year vaccine 10,000 Single ml $2.91 $29,100.00 $0.98 $9,800.00 no bid no bid vial 54 FVRCP vaccine injectable 1ml 5,000 Single ml $5.95 $29,750.00 $2.01 $10,050.00 no bid no bid --t vial GROUP 3 -TOTAL $170,850.00 $70,250.00 no bid GROUP 4-MEDICAL SUPPLIES Item Description QTY Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price 55 Artificial Tears Ointment(Lubricant 240 Ea $3.10 $744.00 no bid no bid no bid no bid Ophthalmic Ointment Sterile 1/8oz 56 Strongid T(pyrantel pamoate)1 OT 50 Quart $23.35 $1,167.50 no bid no bid no bid no bid bottle 57 Panacur(fenbendazole)Suspension 101 100 1000 ml $107.23 $10,723.00 no bid no bid no bid no bid 100 m /mL 1,000ml- Bottle 58 Heartworm antigen test 60 Box/100 $234.00 $14,040.00 no bid no bid no bid no bid 59 FeLV antigen and FIV antibody test 120 Box/25 $291.38 $34,965.60 no bid no bid no bid no bid 60 1mL Nipro Syringes w/o needles(Sterile) 70 Box/100 $7.45 $521.50 no bid no bid no bid no bid 61 1 mL Syringes w/25g x 5/8"Needle 100 Box/100 $9.78 $978.00 no bid no bid no bid no bid Sterile 62 3mL Syringes w/22G x%"Needle 100 Box/100 $5.90 $590.00 no bid no bid no bid no bid Sterile 63 Insulin Syringe w/29g x'/2"Needle U-100 20 100/box $9.05 $181.00 no bid no bid no bid no bid 100ct .5cc syringes) 64 13mL S rin es w/20g Needle 100 Box/100 $5.55 $555.00 no bid no bid no bid no bid Plain Microscope Slides 72ct-Clear 65 Glass-Ground Edges-1"x 3"1.0mm x 20 Box/72 $3.00 $60.00 no bid no bid no bid no bid 1.2mm Thick 66 Microscope Cover Slips 24 Box $2.25 $54.00 no bid no bid no bid no bid 67 Nipro Syringes 5mL without needle 30 Box/50 $8.05 $241.50 no bid no bid no bid no bid 68 Nipro Syringes 10ml-without needle 30 Box/100 $9.50 $285.00 no bid no bid no bid no bid 69 Nipro Syringes 20m1_without needle 30 Box/50 $11.90 $357.00 no bid no bid no bid no bid 70 Powered Latex exam gloves size Small 20 Box/100 $5.40 $108.00 no bid no bid no bid no bid 71 Powered Latex exam Gloves size Large 20 Box/100 $5.40 $108.00 no bid no bid no bid no bid 72 Activ I Plus 88-132lbs 40 Box/6x6 $277.17 $11,086.80 no bid no bid no bid no bid 73 Amber Medicine Vial 100ct 2 ounce- 10 Box/ $39.00 $390.00 no bid no bid no bid no bid 16dram 100 ct 74 Terramycin ophthalmic ointment 1/8 oz. 120 Ea $11.90 $1,428.00 no bid no bid no bid no bid tube 75 Praziquantel Injectable 56.8mg/mL 10 Box/50ml $290.55 $2,905.50 no bid no bid no bid no bid GENERIC OKAY Page 2 of 3 Patterson Veterinary Supply,Inc. Zoetis,Inc. Ferguson Marion,Texas Parsippany,New Jersey Corpus Christi,Texas Item Description QTY Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price 76 Cephalexine(Rilexine)300mg GENERIC 20 Bottle/ $34.25 $685.00 no bid no bid no bid no bid OKAY 500 77 Minocycline 100mg GENERIC OKAY 10 Bottle/ $132.00 $1,320.00 no bid no bid no bid no bid 500ct 78 Minocycline 50mg GENERIC OKAY 10 Bottle/ $14.55 $145.50 no bid no bid no bid no bid 500ct 79 Metronidizole 250mg GENERIC OKAY 10 Bottle/ $7.45 $74.50 no bid no bid no bid no bid 100Tab 80 Terbinafine 250mg GENERIC OKAY 20 Bottle/ $3.65 $73.00 no bid no bid no bid no bid 30Tab. 81 Prednisone 10mg GENERIC OKAY 2 Bottle/ $124.95 $249.90 no bid no bid no bid no bid 1000 82 Carprofen 100mg caplets GENERIC 30 Bottle/ $61.90 $1,857.00 no bid no bid no bid no bid OKAY 180 83 Carprofen 25mg caplets GENERIC 30 Bottle/ $40.95 $1,228.50 no bid no bid no bid no bid OKAY 180 84 Carprofen 75mg caplets GENERIC 30 Bottle/ $50.60 $1,518.00 no bid no bid no bid no bid OKAY 180 85 Lime Sulfur dip concentrated 1 gallon 10 gallon $79.84 $798.40 no bid no bid no bid no bid 86 Dexamethasone Injectable 50mis/bottle 2 50ml $3.95 $7.90 no bid no bid no bid no bid 2m /ml 87 Ivomec 1%Solution Injectable 500ml- 2 500ml $135.27 $270.54 no bid no bid no bid no bid bottle 88 Elizabethan Collar(Buster Style)Sz 12.5 50 single $1.55 $77.50 no bid no bid no bid no bid 89 Elizabethan Collar(Buster Style)Sz 15.0 50 single $2.50 $125.00 no bid no bid no bid no bid 90 Elizabethan Collar(Buster Style)Sz 20.0 100 single $2.80 $280.00 no bid no bid no bid no bid 91 Elizabethan Collar(Buster Style)Sz 25.0 100 single $3.35 $335.00 no bid no bid no bid no bid 92 Elizabethan Collar(Buster Style)Sz 30.0 100 single $4.20 $420.00 no bid no bid no bid no bid 93 5 Gallon Sharps Container 20 single $11.10 $222.00 no bid no bid no bid no bid 94 Canine Parvo SNAP Test 15 Box/20S $220.50 $3,307.50 no bid no bid no bid no bid 95 Epinephrine 1:10001mg/ml 30ml bottle 5 30ml $14.77 $73.85 no bid no bid no bid no bid GENERIC OKAY Bottle 96 Empty 50ml-Vials 4 Box/25 $65.75 $263.00 no bid no bid no bid no bid 97 Gabapentin 100mg capsules 500 count 20 500ct $15.05 $301.00 no bid no bid no bid no bid GENERIC OKAY bottle 98 Gabapentin 400mg capsules 500 count 20 500ct $32.35 $647.00 no bid no bid no bid no bid GENERIC OKAY bottle 99 Penicillin G Procaine suspension250m1 40 250ml $8.80 $352.00 no bid no bid no bid no bid bottle 300,000 units/ml bottle GROUP 4-TOTAL 596.121.49 no bid no bid Page 3 of 3 SC �o 0 H v SUPPLY AGREEMENT NO. 800 b6RPORAI 1852 Veterinary Medicine and Supplies Groups 1, 2, and 4 THIS Veterinary Medicine and Supplies Groups 1, 2, and 4 Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Patterson Veterinary Supply, Inc. ("Supplier'), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Veterinary Medicine and Supplies Groups 1 , 2, and 4 in response to Request for Bid No. 181 ("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 Veterinary Medicine and Supplies Groups 1, 2, and 4 in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. This Agreement includes an option to extend the term for up to zero additional zero-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then-current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $197,542.19, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under City of Corpus Christi Page 1 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Ana Lisa Puente Animal Care Phone: 361-826-4630 Email: AnalisaP@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 Supplierwithin 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this City of Corpus Christi Page 2 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. City of Corpus Christi Page 3 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Ana Lisa Puente Title: Management Assistant Address: 2626 Holly Rd. Corpus Christi, Texas 78402 Fax: 361-826-4611 IF TO SUPPLIER: Patterson Veterinary Supply, Inc. Attn: Melissa Vohs Title: Manager Address: 303 E. San Antonio St., Marion, Texas 78124 Fax: 888-724-5836 17. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE City of Corpus Christi Page 4 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, City of Corpus Christi Page 5 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1 ) C. the Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 6 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 SUPPLIER Signature: Printed Name-, _fir t�(J r � `r��� Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 800 Exhibit 2: Supplier's Bid Response City of Corpus Christi Page 7 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/l/16 Attachment A: Scope of Work 1. General Requirements The Contractor will provide supplies and medications in accordance with the specifications listed herein. These supplies and medicines will be utilized by the Corpus Christi Police Department Animal Care Services Division, Veterinarian, to treat animals. This term contract will provide unit pricing for specified items to be purchased on an "as needed" basis by the Animal Care Services Division. 2. Scope of work 1 . Delivery Contractor shall make inside delivery to City locations within five calendar days to the addresses specified. All prices will be quoted F.O.B. destination, inside delivery to City of Corpus Christi facility, freight prepaid. Expedited forty-eight hour delivery services may be required in some instances; therefore, Contractor must be able to provide such service. Additional freight will be paid only when the City has made a request for expedited delivery. Delivery, as used in this section, means the products have been ordered and received by the City. Receipt of products that do not conform to specifications will not be accepted by the City. Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor's inability to deliver the product within the five calendar day stipulation. Cancelations shall be in writing and sent to Vendor by email, fax, or mail. No restocking fee or payment of any kind shall be owed for orders canceled due to Contractor's inability to meet the five day delivery deadline. Returns to Contractor of late orders received after the cancellation notice has been sent shall be at Contractor's expense. The City may seek the products from another party if Contractor fails to deliver on time. Delivery must be made during normal working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. C.T. 2. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged products. 3. Product Expiration Contractor shall provide supplies and medications with a minimum expiration date of 12 months after the delivery date. Any materials delivered with an expiration date of less than 12 months will be returned to Contractor for credit or replacement at Contractor's expense. 4. Discontinued Items In the event that a manufacturer discontinues particular product(s), the City may allow Contractor to provide a substitute for the discontinued product(s) or delete the product(s) from the contract altogether. If Contractor requests permission to substitute a new product, Contractor shall provide the following to the City: a. Documentation from the manufacturer that the product has been discontinued. b. Documentation that names the replacement product. c. Documentation that provides clear and convincing evidence that the replacement product meets or exceeds all specifications of the original product. d. Documentation that provides clear and convincing evidence that the replacement product will be compatible with all the functions or uses of the discontinued product. e. Documentation confirming that the price for the replacement is the same as or less than the discontinued product. f. These provisions related to product discontinuance apply only to products specifically listed in this solicitation document. 3. Special Instructions All vaccinations and medications, including controlled medications, will be shipped to: Animal Care Services Melissa Draper, DVM 2626 Holly Road Corpus Christi, TX 78402 ATTACHMENT B - BID/PRICING SCHEDULE C. CITY OF CORPUS CHRIST[ I, o/ n .. 131D FR PURCHASING flll(iSIO}\f RFB No. 181 Veterinary medicine anc Supplies A Date: �) Authorizea p Bidder; 'V .� 'ignature: F � v Refer to "Instructions to Bidders" and :Contract Terms and Conditions before completing bid. I 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 i purpose of restricting competition with regard .-o prices; b, Bidder is an Equal Opportunity Empioyer; 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 wit!) ail taxes due and c:ornpany is in good standing with all required governmemal agencies. i d. Bidder acknowledges receipt and review of all addenda for this RFB. i GROUP 1 - SURGERY Item Descrl !!q j QifY f unit Unit Price Total Price Ansell Sensi Touch sterile -T--r---r i surgical gloves latex powdered 100 ! Box/50 4 $ c�3 $ size 7 fY Pol dioxanone Suture Violet j monofilament 30 Reverse 2 200 Box/12 Cutting 1=51; 2-0 VFS-1 with 3/8 - ' circle 24mm GENERIC OKAY IA51 (Polydioxanone Suture Violet monotilament 30" Reverse } 3 Cutfing FS-1) 2.0 VFS-1 3/8 55 Box/36 circle 24mm GENERIC OKAY (25 Meters-Violel Monofilament Polydioxartone Synthetic 5G Cassette ; $ $ � "I ! ti r Absorbable Sterile Suture on a } cassette 2-0 GENERIC OKAY DQPA (Polydioxonone Suture Violet monofilament 30" Revers( 1 5 300 Box/12 $ $ 1 i Cutting CP-1)0-0 '/2 circle , I 36mm GENERIC OKAY - [terry _ 1Jescrtcr► r QTY Ur►it _� Lnit Price T, Total Price' (Polydioxanone Suture Viole, monofilament 30'" Reverse � 6 Cutting CP-1)0 50 Box/36 '�:,��CP-1)0-0 '/- circle • �' '' f 36r-nm GENERIC OKAY i (25 Meters-violet Monofilament - -- Polydioxanone Synthetic f! 0 Cassette { $ $J j Absorbable Sterile Suture on a cassette)0-0 GENERIC OKAY !—_--1-- --------- Sterile Surgical Blade Size 10 I �- 50 Box/100 $ j (100 per box# rJb✓ . � � 9 Isoflurane, USP 250mL battles 60 �o�l Marcaine 0,54 {bupivacaine -' ---! I , 10 HCI injection, USP) 50m1_ 60 50rm1 viai $ Multiple-Dose Vial _ Carprofen 50mg/rnL injectable e s 1 i 60 20m1 vial ' $ y 20mL bottle GENERIC OKAY Corp rofen 50mgImL Injectable 50ml c 12 50mL bottle GENERIC OKAY 60 bottle ' ~ } Carprofen 25mg Chewable ;----- - J'~"— _ CA) ii 1,3 180 tablets GENERIC OKAY 50 IottlErlso 14 Carprofen 75mg Chewable 50 Bottle/180 180 tablets GENERIC OKAY • � $ "f �°' Carprofen 100mg Chewable 15 l 180 tablets GENERIC OKAY 50 E Bottle/1810 ►. i-� ` $ += ) 1 Non-Sterile 200 Non-woven 500 $ / $ Sponges 4' x 4"' #� , 1 M Pr�/I Fp 17 Endotracheal Tube 3.0 15 single 18 Endofracheal Tube 3.5 15 singly 9 Endotracheal Tube 4.0-- 1�.5� single -4 E221 0 Endotracneal Tuoe 4.5 15 s,ngie $ 1 , �5 s , V ,,Endotrachea: Tube 5.0 '5 singie �- 22 Endotracneal Tule 5.5 1'S s=npe 1 23 Endotracheal Tube 6.0 30 single ; $ � � 35 1 24 Endotracheal Tube 6.5 30 single $ 1 , 3S $ 1 25 ( Endotracheal Tube 7.0 30 single $ $ L_�o 26 Endotracheal Tube 7.5 30 single $ E 27 Endotrac'neal Tube 8.0 3Q single $ 35 $ r , 28 Endotracheal Tube 8.5 3p single ftem Description QTY Unfl Unit Price TQtQ1 Price LL 29 Endotracheal Tube 9.0 30 single 30 Endotracheal Tube 9�.5�30 single $ 33 Endotracheal Tube 10.0 30 single $ 32 Endoiracheol Tube 11.0 15 single f 's ya oo tC), Surgical Drape Material.KD yds Box/ 33 jv 2 38.5 incri 3v 34 Cerb 02 Lime Sodosorb 5 gal 2^ 5 gc1lon Chloronexidine Solution 2% 35 Chioronexidine Scrut) 2% 36 �5 anon I Gal. q Blue Medicine Vial Medium 37 4 0c 8 dram Box $ Ketchum Animal Tattoo I 38 1 10 Tube 00 ounce qreenyl 3M Velbond Tissue Glue fl 390 Tube $ $ 4 ounce 3ml) 40 Ear Loop Masks 2ply Jorvef 5 Box/50 $ I 21" Bouffant Caps GENERIC 41 Box $ $ OKAY ► $ 42 Steam Indicator Tape Roll GROUP I TOTAL 3 GROUP 2 - ANESTHETICS item Desai tion ICOY Unit Unit Price Total Price Ketamine 100mg/mL 10ml vial 43 GENERIC OKAY 200 1 10ml vial 51C) S is 44 20 Torbugesic I 0mg/ml 50r-ni 50ml bottle GENERIC OKAY Bottle I q0 Hydromorphine 2mg/mL 20ml -s e) 01) 45 � $ 120ml-) GENERIC OKAY 8,0 Bottle 4d Acepromazine I Omg/ML 50ml '-)0mI fl bottle GENERIC OKAY Bottle Lo Xylazine I 00mg/mL 50ml bottle 47 GENERIC OKAY Bottle P5 Medefornidine .5mg/ml 10m1 48 GENERIC OKAY 60 110MI Vial vial 1 49 Simbaboi 11 ,8ML I of-r-o- vial 2 On L vialY 0-) A GENERIC OKA Midazolam 5mg/mi I OMI vial so 300 10ml vial GENERIC OKAY GROUP 2 - TOTAL 77 k`.r .: .;+P _ ;h�,+ yd':°.�'F1• ;C?l 41fi' S?+�1��'y'' A`t ` `t .. s b -{ r rf7( ,i, 0. �, i r aY -I GROUP 3 - j'ACCI�1�►'�iC91' S -- � Item Descrip#o � T`� Un Unit Price Total price Bordetella bronchisebfica {I intranasal 1 m! _1 E � l, 1 Vu (� I Al t R - - - - _ .. Wit. GROUP 4 - MEDICAL SUPPLI-- Item Description OT`.' ;ni; -� Unit Price Tolai Price ' Artificial rears Ointment �� � - � q q 55 ;Lubricon, Cphfhalm:c: - 1, I Ointment fSterilell, 1/8oz Strongid T {pyrantel pamoatej Quare -� 3i j 56 ; QT 50 bottle i $ Panacur (fenbendazole) 57 Suspension 10% 100 m /mL ( 1000 mi !� 1,00 mL g 1 1Q0 IL {�; � �1 �� I } Bottle ; 58 Heartworm antigen test G�/ P� � ; � � $ l�rl 59 FeLV antigen and FIV antibody esL Vo i v .3Y f ' , i mL Nipro Syringes w/o S a� ° Cl —_� t ` �6�- needles Sterile 10_ � Box/1'rt0� ' -- ., 1 mL Syringes w/ 25g x 5/8" Needle (Sterile) (3C) Bcax�, ;�0 3mL Syringes w/ 22G x 3/," 62 Needle (Sterile) ]OG eox1100 iL) S V Insulin Syringe wl 29g x `/2" { 63 Needle U-i 00 100ct (.5cc I 20 i 100/box i s nn es W _ 64 i 3mL Syringes w/20g Needle 100 Box/100515 Plain Microscope Slides 72ct ' 65 Clear Glass- Ground Edges- 20 i Box/72 $ ! 5 4 l I" x 3" 1 .0mrn x 1.2mrn Thick 66 s 2a B Microscope Cover Slips ox ,� p � �' I SQA $ 51 s Nipro Syringes SmL without 67 needle 30 Box/50 ,O S - - Item Description Q TY- knit Unit P—rice—' t Total Price Nipro Syringes I OmL without 8 30 F'OX/1(30 J $6 needle L6— Nipro Syringes 20ml- without 699 30 BOX/50 nee-die is I � Powered Latex examgloves 70 size Small 20 BOX/100 $5l 4o 5 10% Powe(ed ;-aiex exam Gloves 71 20 1 Box/100 I size Large fx 72 Activyl Plus 88-1321bs Y 40 Box/6x6 73 Amber Medicine Vial1004100d 2 Box/ J! ounce-I 6dram 100_c# Terramycin ophthalmic 74 JpLkg, $ ointment 1/8 oz. tube �90 Praziquantel Injectable 75 10 Box/ 50r-riL $ 56.8mg/mL GENERIC OKAY Cepholexine (Rilexine)300mg 76 20 Bottle/500 b K GENERIC OKAY 77 Minocycline 1 00mg GENERIC 10 Bottle/ Wi 1 s OKAY 500c, Minocycline 50mg GENERIC Bottle/ I 78 10 OKAY metronidzde 250mg GENERIC Bottle/ 79I OKAY C 80 Teroincifine 250mg GENERIC 20 Bottle/ OKAY 307ab. 106 1 81 Prednisone I Omg GENERIC T Bottle! C) 2 < OKAY 1000 A4 i s Carproten I 00mg caplets 82 GENERIC OKAY 30 Bottle/180 Carprofen 25mg caplets 8GENERIC OKAY3 30 Battle/180 I $ WO"I? � Carprofen 75mg caplets 84J 3.0 j Bartle/180 GENERIC OKAY $ Lime Sulfur dip conce–nir-a-t—edl 85 -- gallon --A 86 Dexamethasone Injectable 2- 50mls/boffle 2mg/mi Ivor-nec I% Solution Injectable 87 2 CA , 500mL ;crottleC -T Elizabethan Collar (Buster Style) 88 50 single -77,1�0 Sz 12.5 Elizabethan Collar (Buster Style) 89 '50 single &10 -z 15.0 Elizabethan Collar (Buster Style) A0 90 Elizabethan 00 j single Sz 20.0 Item Description a QTY Unit =Unit Price Total Price 91 Elizabethan Collar (Buster Style) 100 single Sz 25.0 $ Elizabethan Collar (Buster Style) I 92 Sz 30.0 1100 sin gIE,l 93 5 Gallon Sharps Contai20 1 Single . I . ner $ 94 Conine Parvo� AP Test ] epinephrine 1:1000 )mg/ml 95 1 $ i Ornt battle GENERIC OKAY B01EI I 76 Empty NmL Vicis Box Gabapentin 100mg capsules 97 2G 500 count GENERIC OKAY Gabapentin 40OMg C-QpSd20 es 50oct 98 1500 count GENERIC OKAY Penicillin G Procaine 99 suspension 250mi bottle 40 250rnl 300,000 units/rnl bottle U GROUP 4 - TOTAL ALL GROUPS - EXTENDED TOTAL ATTACHMENT C - INSURANCE REQUIREMENTS No insurance is required for this Supply Agreement. ATTACHMENT C- BOND REQUIREMENTS No Bond Requirement is necessary for this Supply Agreement. ATTACHMENT D- WARRANTY REQUIREMENTS No warranty is required for the Supply Agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city, state and country of the business entity's place Certificate Number: of business. 2017-165091 Patterson Veterinary Supply Inc. San Antonio,Tx UNited States, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/10/2017 being filed. CITY OF CORPUS CHRISTI I CORPUS CHRISTI ANIMAL CARE 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. RFB181 Veterinary Supplies and Equipment Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary TURNER, MORGAN VICTORIA,TX United States X Damerau, GAIL SAN ANTONIO, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFF VIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. SHEILA KING Notary PubltC - Notary Seal State of Missouri, Clay County COMMIssion # 11522986 My Commission Expires Nov 1,2019 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE Sworn to and subscribed before me,by the said e�E 559 U Oh S this the . day of 20 1- to certify which,witness my hand and seal of office. k� A Signature of officer administering oa Printed name of officer adrdinistering oath Title of officer administering oath Forms provided by Texas Ethics Commission www,ethics.state.tx.us Version V1.0.277 S SUPPLY AGREEMENT Na. 1055 ^' Po ■eo -1 2 Veterinary Medicine.and Supplies Group 3. THIS Veterinary Medicine and Supplies Group 3 Supply Agreement ("Agreement") is entered into by and between..the City of Corpus Christi, a Texas home-rule municipal corporation ("City"} and zoetis U5 LLC ("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 Veterinary Medicine and Supplies Group. 3 in response to Request for.Bld No. 18.1 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid respanse:are incorporated by reference in this.Agreement as:Exhibits i and 2, respecfively, as.if each were fully set out here in its entirety. NOW,.THEREFORE, City and Supplier agree.as follows; 1. Scope. Supplier will provide Veterinary Medicine and Supplies Group 3 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 some meaning. 2. Term. This Agreement is for 12 months: This Agreement lncludes an option to. extend the term for up to zero additional zero-month periods ("Option PeriodI,: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 writfen ogre ement of the.Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $70,250.00; 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 iinvoice. .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 Page 1 of 7 this Agreement, including deductions for non=performance and authorizations for payment. The City's Contract Administrator for this: Agreement is as follows; Ana Lisa Puente Animal Care Phone: 361-826-4630 Email: AnalisaP@ccfexas.com. .5. Insurance. 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. Thep urchase release order musf 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 bythe 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 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 herein 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 Page 2 of 7 City from :ordering less Chari 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. talon-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City;which fiscal year.ends on Septernber 30+h 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 wwithin 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 fime of bid. in using.subcontracfors,the Supplier.ls 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. ail .subcontractors.and their employees to the some 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 quantifies as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the some. 15. Taxes. The Supplier covenants to pay SuppIier's 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,. Page 3.of 7 1 6. Notice..Any notice required under this Agreement must be given by: fox, 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 Carpus Christ! Attn: Ana Lisa Puente Title: Management Assistant Address: 2626 Holly Road, Corpus Christi;Texas 78402 Fax: 361-826=461 I. IF TO SUPPLIER: Zoetis US LLC Attn: Brian Brust Title: Territory Branch Manager Address: 1 Q Sylvan. Way, Parsippany, New Jersey 07054 Fax: 9.36-689-9065 IT SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES .AND AGENTS C'INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF VIOLATION BY SUPPLIER OF A FEDERAL, STATE, OR CITY LAWS, REGULATION, OR ORDINANCE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS; ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, EXCEPT AND IN PROPORTION TO THE EXTENT CAUSED BY THE INTENTIONAL MISCONDUCTOR NEGLIGENCE OF INDEMNITEES: 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 ATTORNEY'S 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. Page 4 of 7 18.. Termination. i 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 payor 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., but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been,ornitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between. this Agreement, its attachments, and exhibits, s.u.ch 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 Page 5 of 7 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) Page 6 of 7 SUPPLIER Signature: Printed Name: S ; Title: Sfre Lt_ Date: `74 .-/(/7 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. 181 Exhibit 2: Supplier's Bid Response Page 7. of 7 Attachment A Section 4 - Scope of Work 1. General Requirements The Contractor will provide supplies and medications in accordance with the specifications listed herein. These supplies and medicines will be utilized by the Corpus Christi Police Department Animal Care Services Division, Veterinarian, to treat animals. This contract provides unit pricing for specifieditems to be purchased onan"as needed" basis by the Animal Care Services Division. 2. Scope of work 1. Delivery A. Contractor shall make inside delivery to City locations within five calendar days to the addresses specified. All prices are F.D.B. destination, inside delivery to City of Corpus Christi facility, freight prepaid. Expedited forty-eight hour delivery services may be required in some instances; therefore, Contractor must be able to provide such service. Additional freight will be paid only when the City has made a request for expedited delivery. B. Delivery, as used in this section, means the products have been ordered and received by the City. Receipt of products that do not conform to specifications will riot be accepted by the City. Contractor understands and agrees that the City may, of its discretion, cancel any backorders due to the Contractor's inability to deliver the product within the five calendar day stipulation. Cancelations shall be in writing and sent to Vendor by email, fax, or mail. No restocking fee or payment of any kind shall be owed for orders canceled due to Contractor's Inability to meet the five day delivery deadline. Returns to Contractor of hate. orders received after the cancellation notice has been sent shall be at Contractor's expense. The City may seek the products from another party if Contractor fails to deliver on tirne. C. Delivery must be mode during normal working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. C.T. 2. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective. unusable or inoperable condition. Contractor must arrange for the return shipment of damaged products. RFB Template 10.10.16 3. Product Expiration Contractor shall provide supplies and medications with a minimum expiration date of 12 months after the delivery date. Any materials delivered with an expiration date of less than 12 months will be returned to Contractor for credit or replacement at Contractor's expense. 4. Discontinued Items In the event that a manufacturer discontinues particular product(s), the City may allow Contractor to provide a substitute for the discontinued products) or delete the products) from the contract altogether. If Contractor requests permission to substitute a new product, Contractor shall provide the following to the City: a. Documentation from the manufacturer that the product has been discontinued. b. Documentation that names the replacement product. c. Documentation that provides clear and convincing evidence that the replacement product meets or exceeds all specifications of the original product d. Documentation that provides clear and convincing evidence that the replacement product will be compatible with all the functions or uses of the discontinued product. e. Documentation confirming that the price for the replacement is the same as or less than the discontinued product. f: These provisions related to product discontinuance apply only to products specifically listed in this solicitation document. 3. Special Instructions All supplies, vaccinations and medications, including controlled medications, viii be shipped to:. Animal Care Services Melissa Draper, DVM 2626 Holly Road Corpus Christi, TX 78402 RFB Template 104 t 0.1.6 Attachment B 0 '71A Date: Bidder: 1. 2. 3. CORPUS CHRISTI UID FORM DIVISION RFB No. 181 Medicine and Supplies Authorized -A--c.71--- Signature: "� ' 4 CITY OF l ' 'weir PURCHASING r:r,, , .18 Veterinary i rZir/.6 -- 17�r ".. s d �_ Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. Quote your best price for each Item. 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. GROUP 1 - SURGERY item Description QTY Unit Unit Price Total Price 1 Ansel( Sensi Touch sterile surgical gloves latex powdered size .7 100 Box/50 $ bic bi a $ (Polydioxanone Suture Violet monofilament 30" Reverse2 Cutting FS -1) 2-0 VFS-1 with 3/8 circle 24mm GENERIC OKAY 200 Box/12 g 9 $ �- b ,-1 3 (Polydioxanone Suture Violet monofilament. 30" Reverse Cutting FS -1) 2-_0 VFS-1 3/8 S4 circle 24mm GENERIC OKAY 55 Soxl36 $ ri _ ( Polydioxanoneioxonone (25 Meters -Violet Monofilament Absorbable Sterile Suture on a cassette)2-0 GENERIC OKAY $ 0 Ca55ette $ 3 w s ` $ (Polydioxanone Suture Violet monofilament 30" Reverse Cutting CP -I)0-0 V2 circle. 36mm GENERIC OKAY 3003. Box112 $ ,� i item 6 Description (Polydioxanone Suture Violet monofilament 30" Reverse 7 Cutting CP -1)0-0 72 circle 36mm GENERIC OKAY CITY 50 Unit Box/36 Unit Price 'fvtaI<A13=e $ pie 4 f $ 7 (25 Meters -Violet Monofilament P.olydioxanone. Synthetic Absorbable Sterile Suture on a cassette)0-0 GENERIC OKAY 20 Cassette $ 7 �� � $ 8 Sterile Surgical Blade Size 10 (10[] per box) 50 Box1100 $ p/ 6,:-4 $ 9 Isoflurane, [JSP 250mL bottles 60 250m1/bottle $ Pi 6 r. $ 10 Marcaine 0.5% (bupivacaine HCl injection, USP) 50mL Multiple -Dose Vial 60 5Om1 vial $ kJ., 4 i $ 11 Carprofen 50mg/mL Injectable 20mL bottle GENERIC OKAY 60 20m1 vial $ pie P' $' 12 Carprofen 50mg/mL injectable 50rnL bottle GENERIC OKAY 60 50m1 bottle r , $ �' `` $ 13 14 Carprofen 25rng Chewable 180 tablets GENERIC OKAY 50 Battle/180 $ �' ° 1 ,; $ Carprofen 75mg Chewable 180 tablets GENERIC OKAY 50 Bottle/180 %til �:' 1 Carprofen 100mg Chewable 180 tablets GENERIC OKAY 50 Bottlel180 $i 1 L $ 16 Non -Sterile 200 Non -woven Sponges 4" x 4", 4 PLY 50 Box/10 $ ii J 4; ; $ 17 Endotracheal Tube 3.0 15 single $ 1-1' i 11Y $ 18 Endotracheal Tube 3.5 15 single $ N : i ;.t $ 1? Endotracheal Tube 4_0 15 single $ A).:- h.° $ 20 Endotracheal Tube 4.5 15 single $ j', 4; d $ 21 Endotracheal Tube 5.0 15 single $ pr.,bi A $ 22 Endotracheal Tube 5.5 15 single $ Aj k: ,' $. 23 Endotracheal Tube 6.0 30 single $ „ fr $ 24 Endotracheal Tube 6.5 30 single $ /Vic 16,'i $ 25 Endotracheal Tube 7.0 30 single $ ii„1.,i fr ;./ $ 26 Endotracheal Tube 7.5 30 single $ kh 6---) $ 27 Endotracheal Tube 8.0 30 single $ Ns_ 4U $ 28 Endotracheal Tube 8.5 30 single $ Ne i'.; ,/ $ Item Description QTY Unit Unit Price Tota Prlce 29 Endotracheal Tube 9.0 30 single $ /Jc h, -I $ 30 Endotracheal Tube 9.5 30 single $ Are 4,) $ 31 Endotracheal Tube 10.0 30 single $ N'� ,L,J $ 32 Endotracheal Tube 11.0 15 single $ iv.; p, j $ ikli f, il $ $ 33 Surgical Drape Material 300 yds 38.5 i nc h 12 Box/ 300 yds 34 Carb 02 Lime Sodasorb 5 gat 20 5 gallon $ if/ I,.'i $ 35 Chlorohexidine Solution 2%5 gallon 1 Cal. $ t J,,r $ 36 Chlorohexidine Scrub 2% gallon 5 l Gal. $ i 1�• $ 37 Blue Medicine Vial Medium 400ct 8 dram 3 Box $ Af a,; / $ 38 Ketchum Animal Tattoo 1 ounce green 3M Vetbond Tissue Glue .1 f1 ounce (3mlj 10 30 Tube $ts.4.5$ 39 Tube $ $ 40 Ear Loop Masks 2ply Jorvet 5 Box/50 $ ith h,.-.0 $ 41 21" Bouffant Caps GENERIC OKAY 5 Box $ J,1 to; $ 42 Steam Indicator Tape 15 Roll $ •3 h, { $ GROUP 1 - TOTAL $ pi c -b ; 4,i GROUP 2 - ANESTHETICS Item Description Ketamine 100mg/mL 10m1 vial GENERIC OKAY QTY ' 200 Unit 10m1 viol Unit Price Total Price 43 /Of 0...1 $ Torbugesic 10mg/ml 50ml bottle GENERIC OKAY 20 50m1 Bottle $ $ 45 Hydromorphine 2mg/mL (20mi.) GENERIC OKAY 80 20m1 Bottle . $ �' $ 46 Acepromazine 10mg/mL 50m1 bottle GENERIC OKAY 5 50m1 Bottle $ N. 1.: $ 47 Xylazine l00mg/mL 50m1 bottle GENERIC OKAY 5 50m1 Bottle $ r,,6 '''I$ Medetomidine .5mg/rnl 10ml vial GENERIC OKAY 60 lOml viol $ f.:./ i' $ 49 Sirnbabol 1.8mL l 0mL vial GENERIC OKAY 2 l DmL vial $ ,r o' ..f $ 50 Midazolam 5mglml l ami vial GENERIC OKAY 300 1 Oml vial $>> GROUP 2 - TOTAL $ 1I 0 . GROUP 3 VACCINATIONS item Description 51 DHPP vaccine injectable:1ml Bordetella bronchiseptica 52 intranasal 1m1 QTY Unit Unit Price Total: Price` 53 Rabies 3 year vaccine 54 Item 10,000 doses 10,000 doses 10,000 doses FV12CP vaccine injectable lm 5,000 doses GROUP 3 - TOTAL Single ml vial Single ml vial Single ml vial Single ml vial $;.1 $-, $ S $ 0 t; $ 2,0 Description GROUP 4 MEDICAL SUPPLIES Artificial Tears Ointment 55 (Lubricant Ophthalmic Ointment {Sterile}) 1 /8oz 56 1QT QTY 20 Unit 12 per package $ /0 .0,5- $ S $ T,),„ 2-5 0 Unit Price $ �r ;..,1 $ Total:' Price:. Sfrongid T (pyrantel pamoate) 50 57 58 Heartworm antigen test Panacur (fenbendazole) Suspension 10% (100 mg/mL) 1,000mL 100 6,000 tests 59 FeLV antigen and FIV antibody fest 1 mL Nipro Syringes w/o 60 needles (Sterile) 61 1 mL Syringes w/ 25g x 5/8" Needle (Sterile) 62 63 64 3,000 tests 70 100 Quart bottle 1 000 ml Bottle Varies Varies Box/1 00 Box/ 100 $ 1j6 + d $ $ $ $. 3mL'Syringes w/ 22G x 3/4" Needle (Sterile) Insulin Syringe w/ 29g x'' 'A" Needle U-100 1 OOct (.5cc syringes) 3mL Syringes w/20g Needle 100 20 100 Box/100 100/box Box/100 $ 65 Plain Microscope Slides 72ct Clear Glass Ground Edges - 1" x 3" 1.0mm x 1.2mm Thick 20. Box/72 66 Microscope Cover Slips 24 Box $ $L b. 67 Nipro Syringes 5mL without needle 30 Box/50 $ t &a. $ Iltem: .68 Description QTY" Nipro. Syringes :l 0rnL without needle 30 Unit Unit Price Total Price Box/ 100 $ u .;1 $ 69 Nipro Syringes 20mL without needle 70 71 30 Box/50 $ ,u, 4; $ Powered Latex exam gloves size Small 20 Box/100 $ �'r d $ Powered Latex. exam Gloves size Large 20 Box/100 $ 72 Activyl Plus 88-1321bs 40 73 74 75 Amber Medicine Vial 100ct 2 ounce -1 6dram Terramycin ophthalmic ointment 1/8 oz. tube 76 10 Box/6x6 $ �; ;; S. Box/ $. fir.. $ $ 100 ct 10 Pkg/12 $ / : jr:. $ Praziquantel Injectable 56,8mg/mL GENERIC OKAY Cephalexine (Rilexine)300mg GENERIC OKAY 77 78 Minocycline 10Qmg GENERIC OKAY Minocycline 50mg GENERIC OKAY 10 20 Box/ 50mL $ Aja 4/J $ Bottle/500 $ N'u,` $ 10 Bottle) $ LFA R $ 500ct 10 79 80 81 Metronidizole 250mg GENERIC OKAY Terbinafine 250mg GENERIC OKAY 10 Bottle/ 500 ct Bottle/ 100Tab. t•4 $ 20 Prednisone 10mg GENERIC. OKAY 82 Carprofen 100mg caplets GENERIC OKAY 83. Ccirproten 25mg caplets GENERIC OKAY 84 30 Bottle/$ 30Tab. $�, P Bottle/, $ 1000 �' Bottle/180. $ .p;1 �e $ 30 Bottle/180 $ /J i ,: _e $ Carprofen 75mg caplets GENERIC OKAY 30 Bottle/180 $ /11 Lr.A $ 85 86 Lime. Sulfur dip concentrated 1 gallon. Dexamethasone Injectable 50mIs/battle 2mg/ml 10 gallon $ qtr b 4 $ 2 50rr11 $ 87 88 lvomec 1% Solution Injectable 500mL Elizabethan Colla' (Buster Style) Sz 12.5 89 90 Elizabethan Collar (Buster Style) Sz 15.0 2 500m1 bottle 50 single $ $ 50 single $$ Elizabethan Collar (Buster Style) 100 single $1›:'/4 Sz 20.0 Item 91 92 Descripilorti:.• • Elizabethan Collar (Buster Style) Sz 25.0 Elizabethan Collar (Buster Style) Sz 3.0.0 QTY 100 Unit single 100 93 94 5 Gallon Sharps Container •CanineParvo SNAP Test 95 Epinephrine 1:1000 1 mg/mI 30m1 bottle GENERIC OKAY 20 300. tests single single Varies Unit Price Total Price $ /46 ice;• $ 5 30m1 Bottle 1; 96 97 98 99 Empty. 5OmL Vials Gabapentin 1OOmg capsules 500 count GENERIC OKAY Gabapentin 400rrg capsules 500 count GENERIC OKAY Penicillin G Procaine. suspension 250m1 bottle 300,000 units/mi 8 20 20 Box/12 500ct bottle 500ct bottle $ 250M1 bottle $ GROUP 4 - TOTAL $ ]J? AU GROUPS EXTENDED TOTAL ATTACHMENT C INSURANCE REQUIREMENTS Section 5 Insurance of the Supply Agreement is null and void.. Insurance is not requiredfor this Supply Agreement. ATTACHMENT C- BOND REQUIREMENTS Section 5 Insurance of the Supply Agreement is null and void. Bond is riot required for this Supply Agreement, ATTACHMENT D- WARRANTY REQUIREMENTS Section 8 Warranty of the Supply Agreement is null and void. Warranty is not required for this Supply Agreement Forms provided by Texas Ethics Commission www.ethics.state.tx. us Version .883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos, 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-199627 Date Filed: 04/27/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Zoetis US LLC Parsippany, Ni United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 181 Vaccines for dogs and cats; other medications for dogs and cats 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check if there is NO Interested Party. only X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. fes` lir ' •'^IC ignature of authorized agent of contracting business entity AFFIX NOTARY STAMP I:iEAL ABOVE 1 �{,-, , Sworn to arid subscribed before me, by the said Lydia Pickens this the 1day of I` [ j� , 20 IA , to certify which, witness my hand and seal of office. MV r~nmmiss'tri Expires Febrvnry 23, 2021 \-a)a,N,,oc __Q\D\o\k. El\-zok.\--\-,01/466 01 Sign ure of officer admini Bring oath Printed name of officer administering oath Title of officer ministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx. us Version .883 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 16, 2017 Action Item for the City Council Meeting of May 23, 2017 DATE: May 16, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Fire Apparatus Maintenance for Parts and Services for the Corpus Christi Fire Department CAPTION: Resolution finding that the purchase of parts and services for Fire Department apparatus is necessary to preserve and protect the public health and safety of the City's residents and is also a sole source procurement; and authorizing the City Manager, or designee, to execute a service agreement with Siddons-Martin Emergency Group of Katy, Texas, to provide parts and services for a total amount not to exceed $200,000.00; and finding that the program is critical in sustaining fire apparatus' reliability for service. PURPOSE: The purpose of this agreement will provide parts and services to fire apparatus'. The term of the contract will be for one year, with up to two additional one-year extension option periods. BACKGROUND AND FINDINGS: The Corpus Christi Fire Department's Fleet Maintenance Division would like to establish a standing service agreement for their fleet maintenance. This service is critical to sustaining the reliable and dependable fire apparatus' that are valued in excess of $500,000 each. Fire apparatus maintenance and repairs is a very complex and intricate part of having operable equipment. The proprietary equipment and features from Pierce Manufacturing require an authorized service center that can assure detailed attention to those items that can prevent costly repairs and replacement of fire apparatus's owned and used by the Fire Department. Siddons-Martin Emergency Group is an Authorized Service Specialist and is the sole source for Pierce parts sales, service and warranty. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Corpus Christi Fire Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $675,482.87 $133,333.33 $792,149.87 Encumbered / Expended Amount $299,959.13 $0.00 $299,959.13 This item $66,666.67 $133,333.33 $200,000.00 BALANCE $292,190.74 $0.00 $292,190.74 Fund(s): General Fund - Fire Apparatus & Shop Comments: The initial contract term is a total amount not to exceed $200,000, with an estimated expenditure of $66,666.67 to be funded in FY2016-2017. The total estimated contract value will be $600,000.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Resolution Resolution finding that the purchase of parts and services for Fire Department apparatus is necessary to preserve and protect the public health and safety of the City's residents and is also a sole source procurement; and authorizing the City Manager, or designee, to execute a service agreement with Siddons-Martin Emergency Group of Katy, Texas, to provide parts and services for a total amount not to exceed $200,000.00; and finding that the program is critical in sustaining fire apparatus' reliability for service. WHEREAS, Siddons-Martin Emergency Group will provide parts and services for the Fire Department apparatus; WHEREAS, these parts and services will assist the Fire Department in sustaining the fire apparatus' reliability for providing emergency services to the public; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, there are two statutory exceptions for this procurement in Local Government Code, Sections 252.022(a)(2) and (a)(7)(D), as this purchase is necessary to preserve or protect the public health and safety of the municipality's residents and such parts are available from only one source as replacement parts or components for vital and necessary fire apparatus. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute a service agreement with Siddons-Martin Emergency Group of Katy, Texas, based on health and safety needs and sole source for parts and services on fire apparatus for a total amount not to exceed $200,000. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Council Member Page 2 of 2 SERVICE AGREEMENT NO. 1145 Fire Apparatus Maintenance Parts and Services for the Corpus Christi Fire Department THIS Fire Apparatus Maintenance Parts and Services for the Corpus Christi Fire Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Siddons-Martin Emergency Group, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Fire Apparatus Maintenance Parts and Services for the Corpus Christi Fire Department in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Fire Apparatus Maintenance Parts and Services for the Corpus Christi Fire Department ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to 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 Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $200,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 8 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 this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Captain Ernie Villarrael Corpus Christi Fire Department - Logistics Division 361-826-8424 ErnieV@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Captain Ernie Villarrael Title: Fire Captain Address: 1501 Holly Rd. Corpus Christi, TX 78417 Fax 361-826-4515 IF TO CONTRACTOR: Siddons-Martin Emergency Group, LLC Attn: Troy D. Harrison Title: Vice President/Service Division Address: 14233 Interdrive West, Houston, Texas 77032 Fax: 281-442-9026 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 6 of 8 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 8 CONTRACTOR Signature: Printed Name: /74 ,di»s°d Title: : € ` is -- _ ,C 6e 4 dr c>.+) Date: S/%/b6.` 7 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 ATTACHMENT A - SCOPE OF WORK 1. Labor and Repair Time: The City will use its authorized contracted towing company to deliver the vehicle to Vendor at which point the time within which to complete repairs begins. The Vendor will be required to repair all equipment within the time frame noted below. The City will notify vendor by E -Mail and/or phone call of vehicles being towed or to be delivered to vendor for repairs. On the same day the vehicle is received, Vendor shall send an email to Corpus Christi Fire Department Fleet Operations Manager or designated staff representative indicating the date the vehicle was received and the estimated completion time of the service. This email shall also include a description of the vehicle received and the vehicle identification number. All repairs, including warranty repairs, must be completed within the time specified below for Minor Repairs or Major Repairs, as applicable. Vendor shall notify City the day the repairs are completed by sending an email to Corpus Christi Fire Department Fleet Operations Manager or designated staff representative. This email shall include a description of the vehicle, the date the vehicle was received by Vendor and the vehicle identification number. City will pick up the vehicle from Vendor. The Fleet Operations Manager or designated staff representative must approve any requests for extension of the time for completing repairs in writing. Requests for extension must be made in writing and include an explanation detailing the need for the extension no later than the close of business of the 3rd business day after receipt of vehicle. If the reason for delay is unavailability of parts, Vendor must submit proof with its request for extension that it took prompt action to request parts. Vendor subcontracted outside labor must be approved in writing by the Fleet Operations Manager, or designated staff representative, before work proceeds. All subcontracted labor must be performed by an approved factory authorized dealer. Charges for subcontracted labor must be supported by a copy of the outside vendor's invoice, attached to Vendor's invoice submitted to City for payment. Subcontracted labor will be paid only when all internal resources of Vendor have been expended and when the lack of tooling and expertise to perform a particular task becomes a factor. Payment will not exceed the amount of the subcontracted vendor's invoice. Subcontracted labor up charges are not acceptable. All repairs must be completed within the time frames established below, whether performed by Vendor or by Vendor's subcontractor. Minor Repairs, defined as repairs not exceeding $3,000 for all parts and labor, shall be completed within 3 business days. Major Repairs, defined as repairs exceeding $3,000 for all parts and labor shall be completed within 7 business days. 2. Bids for parts exceeding the suggested OEM retail price will be rejected. 3. All costs associated with shop supplies, core charges, environmental fees or any other expenses incurred in fulfilling this contract are to be included in bid price. 4. Parts: Vendor shall provide a parts price list which, along with the discount quoted on the price schedule, will be used to purchase a full range of items. The items specified in the price schedule are some of the most commonly replaced items. Prices stated for these items and quantities reflected therein will be used for evaluation purposes only. Vendor is required to maintain a stock level of parts which, within the industry, are considered to be fast-moving, normal wear items for which two demands have occurred within the most recent 180 -day period. Charges for overhaul or rebuild of components (i.e., hydraulic pumps, hydraulic cylinders, auxiliary drives, ejector panels, etc.) shall not exceed 65% of acquisition cost for a new item which meets or exceeds the specifications, unless otherwise approved in writing by the Fleet Operations Manager or designated staff representative. All core charges will be credited to the City in accordance with the cost indicated in the price list submitted for the item bid. Vendor shall submit its requirements for obtaining core credits at the time of bid submission. Failure to provide this information may result in rejection of the bid. Any materials or parts used in complying with the contract must be equal to or better than original equipment. Vendor shall allow City to return unused, purchased parts and credit City's account during the contract period, when such parts have become obsolete for City's needs, provided that these items are in the original cartons and in marketable condition. The credit shall be in the same amount as City originally paid for the part. Vendor shall not apply any restocking or other fees. If City is at the end of the contract term, City may request a refund in place of the credit, and Vendor shall pay same within 30 days of City's request, by check made payable to the City of Corpus Christi and addressed to the Corpus Christi Fire Department Fleet Operations Manager or designated representative at 1501 Holly Rd., Corpus Christi, TX, 78417. 5. Replaced Parts: All parts which have been replaced and billed must be available for inspection by City. Upon the City's request, replaced parts shall be returned/delivered to the City's fleet facility. 6. All prices to be quoted F.O.B., City of Corpus Christi designated facility. Allowance for special freight charges will be acceptable only when the expedited delivery is requested and approved in writing by the City. 7. Delivery: Stocked Inventory will be delivered within 7 business days after receipt of a purchase order. Fabricated, manufactured or made to order parts will be delivered within 15 business days, unless agreed upon in writing by Corpus Christi Fire Department Fleet Operations Manager. ATTACHMENT B - Siddons-Martin Emergency Group 104 Utility Drive Pharr TX USA 78577 Phone #:(956) 588-2735 Fax #: (972) 576-1202 Credit Terms: 30 DAY Remit To: PO Box 610101 Dallas Tx, 75261-0101 City of Corpus Christi P.O. Box 9277 Accounts Payable Division - 4th Fl Corpus Christi TX 78469 1002944 BID/PRICING SCHEDULE Estimate 21400909 Tag Number: Date and Time In: 4/10/2017 - 3:36 PM Date and Time Out: 4/10/2017 - 3:36 PM Promised Date - Time: 4/10/2017 - 3:36 PM Cashed Out Date: • I I 'V 1 Service Advisor: (A05J) Matthew Pulfer Work: (361) 826-8424 i i i Veh Info: 30195 17 Pierce Impel Cstm Pumper Serial Numbers: 4P1BAAFFOHA017420 In-Srv: 3/24/2017 Miles/Hrs In: Out: Color Ex: Int: Plate #: Please note that all work will be performed on a time and material basis at the rates outlined below. Itemized invoices will be required with support for payment. Repair VIN Second VIN Mech # Description Type Labor Discount Total Qty Ret. Price Savings Selling Price Ext Discount Ext Price 1 HA017420 Wholesale $0.00 $0.00 PLEASE MAKE KNOWN THAT CCBD WILL NOT BE CHARGED FOR TRAVEL, LODGING OR PER DIEM FOR ANY SERVICES RENDERED. LABOR RATE: $101.50 PER HOUR $0.00 PARTS MARK UP: COST X 1.67 (INCLUDES REGULAR GROUND SHIPPING) EXPEDITED REQUEST BY CCNU WILL BE BILLED AT COST OF FREIGHT AND OR EXPEDITE BEES ONLY. Parts Total: We (the Customer) are responsible for all costs and expenses listed on this invoice. I, the undersigned, am authorized to agree, on behalf of the owner of the vehicle, to pay all outstanding charges in accordance with the terms and conditions agreed between us and the Company. Unless otherwise stated, all invoices are due and payable 30 days from the date of invoice. We have granted the Company, its employees, and agents permission to operate the vehicle on any streets as necessary for testing, inspection, or other services requested. We are responsible for insuring the vehicle at all times. We release the Company for any loss, damage, or theft of any items left in the vehicle for any reason. All parts and labor on this invoice are warranted for purpose and fitness for 90 days from the date of the invoice. In order to recover against any warranty, we agree to return the vehicle to the Company for all warranty repairs. Failure to return the vehicle cancels all warranties provided. All other warranties are expressly disclaimed by Company.Acknowledged and Received by: Labor Total: $0.00 Job Total: $0.00 We (the Customer) are responsible for all costs and expenses listed on this invoice. I, the undersigned, am authorized to agree, on behalf of the owner of the vehicle, to pay all outstanding charges in accordance with the terms and conditions agreed between us and the Company. Unless otherwise stated, all invoices are due and payable 30 days from the date of invoice. We have granted the Company, its employees, and agents permission to operate the vehicle on any streets as necessary for testing, inspection, or other services requested. We are responsible for insuring the vehicle at all times. We release the Company for any loss, damage, or theft of any items left in the vehicle for any reason. All parts and labor on this invoice are warranted for purpose and fitness for 90 days from the date of the invoice. In order to recover against any warranty, we agree to return the vehicle to the Company for all warranty repairs. Failure to return the vehicle cancels all warranties provided. All other warranties are expressly disclaimed by Company.Acknowledged and Received by: Printed On : 4/10/2017 3:40:06 PM Page 1 of 1 Parts Total: $0.00 Ext Price: $0.00 Core Total: $0.00 Sales Tax: $0.00 Freight Total: $0.00 Total: _ $0.00 Sublet Total: $0.00 - Deductible: $0.00 Labor Total: $0.00 - Deposits: $0.00 - Labor Discount: $0.00 Amount Due: $0.00 Amt Tendered: $0.00 Other Charges: $0.00 Shop Supplies: $0.00 Chg Returned: $0.00 Sub Total: $0.00 - Parts Discount: $0.00 We (the Customer) are responsible for all costs and expenses listed on this invoice. I, the undersigned, am authorized to agree, on behalf of the owner of the vehicle, to pay all outstanding charges in accordance with the terms and conditions agreed between us and the Company. Unless otherwise stated, all invoices are due and payable 30 days from the date of invoice. We have granted the Company, its employees, and agents permission to operate the vehicle on any streets as necessary for testing, inspection, or other services requested. We are responsible for insuring the vehicle at all times. We release the Company for any loss, damage, or theft of any items left in the vehicle for any reason. All parts and labor on this invoice are warranted for purpose and fitness for 90 days from the date of the invoice. In order to recover against any warranty, we agree to return the vehicle to the Company for all warranty repairs. Failure to return the vehicle cancels all warranties provided. All other warranties are expressly disclaimed by Company.Acknowledged and Received by: Printed On : 4/10/2017 3:40:06 PM Page 1 of 1 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: 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 Garage Keepers Legal Liability $1,000,000 Cargo/On Hook Coverage $1,000,000 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. 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. 2017 Insurance Requirements Purchasing Emergency Vehicles Repairs, Parts and Services 04/07/2017 sw Risk Management ATTACHMENT C- BOND REQUIREMENTS No Bond Requirement is necessary for this Service Agreement. ATTACHMENT D- WARRANTY REQUIREMENTS All parts and labor are warranted for purpose and fitness for 90 days from the date of the invoice. In order to recover against any warranty, The City must return the vehicle to the Contractor for all warranty repairs. Failure to return the vehicle cancels all warranties provided. All other warranties are expressly disclaimed by the Contractor. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-189951 Date Filed: 04/10/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Siddons Martin Emergency Group, LLC Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 1145 SERVICE OF FIRE APPARATUS 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Martin Jr, Leon Houston, TX United States X Siddons, Patrick Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. anio rDENIMSP1COU .0.... VS& zp �Notary Public, State of Texas "s °; j''': y I w iI Comm. Expires 01-18-2021 „r��t�, Notary ID 10643728 Signet : of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE A ,y� ! /y� j�fill Sworn to and subscribed before me, by the said Kath (V r 1A-% I f 1 01 J i,C, this the 1 0 day of 1 1 20 11 to certify which, witness my hand and seal of office. Piill1tS iC DI ri iv, I cowloofaI( VII,DIECi Si nature of officer oath Printed name of officer oath Title oficer ad inisterin oath Signature administering administering � 9 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 16, 2017 Action Item for the City Council Meeting of May 23, 2017 DATE: TO: May 2, 2017 Margie C. Rose, City Manager FROM: Belinda Mercado, Director of Information Technology BMercado@cctexas.com 361-826-3740 Approval of 1 Year Maintenance, Licenses and Cloud Services for LANDesk Software with SHI, Inc. CAPTION: Motion authorizing the City Manager, or designee, to execute a software licensing agreement with Ivanti, Inc. (owner of LANDesk software) and purchase 12 months of software services and related licenses from SHI, Inc., of Austin, Texas, in accordance with the cooperative purchasing agreement of the Texas Department of Information Resources (DIR-SDD-2500), for an estimated expenditure of $77,090. PURPOSE: Approval of this item continues the transition of LANDesk software to a cloud -based subscription. This solution provides a method for city employees to request IT support and provides ticket tracking, historical reporting, and IT asset management. Licensing also provides the city's IT Department with the ability to manage endpoint devices including security patches, remote assistance and remote software installation. BACKGROUND AND FINDINGS: On March 26, 2013, City Council authorized the purchase of LANDesk software that included a 3 -year agreement for a total amount of $252,911.94. LANDesk software has been in place since 2008. This renewal allows IT to continue the effort to provide self-service reporting of assets and IT requests for city departments In 2017, LANDesk was purchased by Ivanti, Inc. and there is no expected change in product or service. ALTERNATIVES: Search for new software at a potential higher cost. OTHER CONSIDERATIONS: The transition to a cloud -based subscription allows IT to continue the reduction of our datacenter footprint. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance Department and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 77,090.00 77,090.00 Encumbered / Expended Amount This item 77,090.00 77,090.00 BALANCE 0.00 0.00 0.00 Fund(s): Information Technology Comments: This is a cooperative State contract with the Texas Department of Information Resources (DIR). Funds have been budgeted for this expense and are available in 5210-40480-530160, Rentals. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Agreement SHI, Inc. Quotation END USER LICENSE, MAINTENANCE, AND SUPPORT SERVICES AGREEMENT This End User License, Maintenance, and Support Services Agreement ("EULA"), is a legal agreement between Licensee and Ivanti (as such terms are defined below). This EULA describes the terms and conditions upon which Ivanti is willing to license its products and provide Maintenance and Support Services to Licensee. BY INSTALLING OR USING ALL OR ANY PORTION OF LICENSED SOFTWARE, LICENSEE AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF LICENSEE DOES NOT AGREE TO ANY TERM OR CONDITION OF THIS EULA, LICENSEE SHOULD STOP INSTALLATION OR USE AND PROMPTLY RETURN THE LICENSED SOFTWARE IT PHYSICALLY POSSESSES, IF ANY, AND ANY ACCOMPANYING MATERIALS IN AN UNDAMAGED CONDITION TO THE VENDOR FROM WHICH IT WAS ACQUIRED. 1. DEFINITIONS. "Concurrent Users" means the maximum number of users that may concurrently use or access the Licensed Software. "Documentation" means the user documentation Ivanti provides with the Licensed Software. "Infringement Claim" means a claim by a non-affiliated third party against Licensee asserting that Licensee's use of Licensed Software in accordance with this Agreement violates that third party's patent, trademark, or copyright rights. "Ivanti" means: • Ivanti U.K. Limited, an English company, if Licensee is purchasing any Licensed Software other than Wavelink or Naurtech branded Licensed Software and has its primary office located outside of North America, Central America, South America (excluding Brazil), (collectively, the "Americas"), Japan or the People's Republic of China. • Ivanti International Limited, an Irish company, if Licensee is purchasing Wavelink or Naurtech branded Licensed Software and has its primary office located outside of the Americas), Japan or the People's Republic of China. • Ivanti, Inc., a Delaware corporation, if Licensee has its primary office located in the Americas. • Ivanti Comercio de Software Brasil Ltda, a Brazilian company, if Licensee has its primary office located in Brazil. • Ivanti Software K.K., a Japanese company, if Licensee has its primary office located in Japan. • Ivanti (Beijing) Information Technology Co., Ltd., a Chinese company, if Licensee has its primary office located in the People's Republic of China. "Licensed Software" means the software, in object code form, and any Documentation accompanying this EULA or the software. "Licensee" means the person or entity licensing the Licensed Software from Ivanti pursuant to this EULA. "Maintenance" means Ivanti's provision of Updates and Upgrades to the applicable Licensed Software. "Node" means each electronic device using the Licensed Software including without limitation (a) a physical device such as a computer, handheld device, workstation, console, Seat, server, or any other electronic device; (b) a virtual machine, such as an operating environment that may be running concurrently with another operating environment on a single physical device; or (c) for the Ivanti Antivirus for Mail Servers product, an electronic or virtual mailbox (e.g., a mailbox for email). "Node Count Data" means information periodically generated by the Licensed Software about (a) the quantity and type of current usage of the Licensed Software on a server, and (b) the non -personal, encrypted hardware configuration of that server. "Seat" means the number of Concurrent Users authorized to use the Licensed Software. "Support Services" means the services regarding installation, configuration and usage detailed at http://www.ivanti.com/en-US/company/legal/support-terms and available to Licensee for purchase. "Update" means content used to update the License Software and includes bug fixes, minor enhancements and patches, but does not include Upgrades. "Upgrade" means a new version of Licensed Software that replaces a pre-existing version of such Licensed Software. "User" means a natural person employed by or who otherwise provides services (whether as an independent contractor or otherwise) to Licensee who is supported with or uses the Licensed Software. 2. LICENSES. The licenses that are available from Ivanti include, without limitation, the following: (A) TRIAL USE LICENSE: A "Trial Use License" is a nonexclusive, non -transferable, restricted, forty-five (45) day limited license that allows Licensee to evaluate the Licensed Software before purchasing a Full - Use License for the Licensed Software. At the end of the forty-five (45) day evaluation period, Licensee agrees to promptly discontinue use and delete the Licensed Software from Licensee's systems. It is the sole responsibility of Licensee to back-up its system and perform all other measures to prevent any loss of files or data. Use of the Licensed Software under a Trial Use License is entirely at Licensee's own risk. (B) FULL -USE LICENSE: A "Full -Use License" is a non-exclusive, non -transferable, perpetual, and limited license to copy, install and use the Licensed Software within Licensee's organization on the total number of Nodes for which Licensee has paid the required license fee. A Full -Use License does not include Maintenance or Support Services. Maintenance and Support Services must be purchased in addition to the Full -Use License. (C) SUBSCRIPTION LICENSE: A "Subscription License" is a non-exclusive, non -transferable, time- limited license to copy, install and use certain Licensed Software within Licensee's organization on the total number of Nodes for which Licensee has paid the required subscription license fee. Unless a different term is specified in the purchase order to Ivanti, the term of Subscription License or renewal thereof is one (1) year. During the term of the time-limited subscription, Licensee is entitled to receive Maintenance for the Licensed Software (additional Support Services also may be available for purchase by Licensee). If the Subscription License is provided as software as a service (SaaS), the terms and conditions found at www.landesk.com/sass/termsandconditions/ shall also apply in addition to the terms and conditions contained within this EULA. (D) USER -BASED LICENSE: A "User -Based License" is a non-exclusive, non -transferable, perpetual, and limited license to copy, install and use the Licensed Software within Licensee's organization to support the total number of Users for which Licensee has paid the required license fee. A User -Based License does not include Maintenance or Support Services. Maintenance and Support Services must be purchased in addition to the User -Based License. 3. LICENSE GRANT. Subject to Licensee's compliance with all terms and conditions of this EULA, Ivanti hereby grants Licensee a non-exclusive, non -transferable, restricted, license to use the Licensed Software in accordance with the type of license and subject to the quantity of Nodes paid for by Licensee. Licensee may make a copy of the Licensed Software only as needed for archival and backup purposes. Licensee may permit third party consultants and contractors (such as third -party supplier(s) of information services) to use the Licensed Software on Licensee's behalf provided that (a) all such use is in accordance with the terms and conditions of this EULA, and (b) Licensee assumes full responsibility and liability for any use of the Licensed Software by such third parties in any violation of this EULA, including without limitation use in excess of the licensed number of Nodes. Licensee agrees not to override or bypass the activation process or any security feature, authorization, activation, or reactivation of the Licensed Software or to assist others in doing the same. 4. NODE COUNT VERIFICATION AND AUDIT. Licensee agrees that Ivanti may periodically verify that Licensee's usage of the Licensed Software does not exceed the quantity of Nodes or User -Based Licenses purchased. Periodically, the Licensed Software on each server will generate Node Count Data. Each time the Licensed Software generates Node Count Data on a server, Licensee agrees to send, within thirty (30) days of generation, the Node Count Data to Ivanti either automatically by the Internet or manually by email. If Licensee fails to provide such Node Count Data within thirty (30) days, Ivanti has the right to render the Licensed Software inoperative or reduce the Licensed Software's functionality until Licensee provides Ivanti with the Node Count Data. If the node count verification process shows that Licensee, including its third party consultants or contractors using the Licensed Software for Licensee, is using more than the number of Nodes or other Licensed Software for which licenses have been purchased, Licensee shall pay Ivanti for such additional Nodes and/or Licensed Software no later than thirty (30) days following Licensee's receipt of an invoice from Ivanti, with such fees being the license fees as per Ivanti's then -current price list. Licensee agrees not to override or bypass this node count verification process or assist others to do the same. With respect to User -Based Licenses, Licensee agrees to provide Ivanti with documentation evidencing the total number of Users within thirty (30) days of Ivanti's request. Licensee shall permit Ivanti to conduct audits to verify Licensee's compliance with this EULA. Such audits shall be conducted during normal business hours and after reasonable advance notice to Licensee by Ivanti. The cost of such audits will be borne by Ivanti; provided, however, that if such audit determines that Licensee has failed to pay fees amounting to five percent (5%) or more of that annual period's fees due hereunder, then Licensee shall reimburse Ivanti for the cost of such audit in addition to payment of any identified delinquent fees. 5. USE RESTRICTIONS. Ivanti reserves all rights not expressly granted to Licensee herein. Without limiting the generality of the foregoing, Licensee shall not and shall not allow others to: (a) copy, modify, adapt, rent, lease, sell, distribute, export, re-export, assign, sublicense, translate, transfer, or reprogram the Licensed Software or any portion thereof except as provided in this EULA; (b) use the Licensed Software in a service bureau, facility management, service provider, timeshare, or other similar type of environment, (c) reverse engineer, decompile, translate, merge, or disassemble the Licensed Software; (d) create derivative works based upon the Licensed Software; (e) use the Licensed Software to perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortious, or defamatory, or to perform any activity which breaches the rights of any third party; (f) take any actions that would cause the Licensed Software to become subject to any open source or quasi -open source license agreement not otherwise applicable; or (g) transfer any Licensed Software or Licensee's license rights under this EULA, in whole or in part without Ivanti's prior written consent, which consent shall not be unreasonably withheld or denied. THE LICENSED SOFTWARE IS NOT INTENDED OR LICENSED FOR AND IVANTI SPECIFICALLY DISCLAIMS LIABILITY FOR USE OF THE LICENSED SOFTWARE IN ANY ENVIRONMENT IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. LICENSEE AGREES TO DEFEND, INDEMNIFY, AND HOLD IVANTI HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF LICENSEE'S UNAUTHORIZED USE OF THE LICENSED SOFTWARE. 6. OWNERSHIP OF LICENSED SOFTWARE. The Licensed Software is the proprietary property of Ivanti or its licensors. No title to or ownership of any Licensed Software is transferred to Licensee. The Licensed Software is licensed to Licensee, not sold. All rights, title and interest in and to the Licensed Software (including any Update or Upgrade thereto), including all worldwide intellectual property rights, shall remain with Ivanti, its licensors, vendors and/or suppliers, as the case may be. Ivanti may make changes to the Licensed Software at any time and without notice. Except as otherwise expressly provided, Ivanti grants no express or implied right under any Ivanti patent, copyright, trademark, or other intellectual property right. 7. COPYRIGHTS, TRADEMARKS, AND PATENTS. The Licensed Software is copyrighted and protected by the laws of the United States and other countries, and by international treaty provisions combined with patents and trademarks. In no circumstance may Licensee remove or alter the copyright notice, trademark notice, or other proprietary notices from the Licensed Software. Licensee agrees to faithfully reproduce and include all copyrights, trademarks, and other proprietary notices on any authorized copy of any Licensed Software. Ivanti is either a registered trademark or trademark of Ivanti, Inc. or its affiliates in the United States and/or other countries. One or more patents, as well as other patent pending technology, may apply to Licensed Software. 8. MAINTENANCE AND SUPPORT SERVICES. Nothing in this Agreement entitles Licensee to any Support Services and/or Maintenance of the Licensed Software without the required payment for such Support Services and/or Maintenance. (A) MAINTENANCE: During the term for which Licensee has paid the applicable Maintenance or subscription fees for the Licensed Software, Licensee is entitled to Updates and Upgrades as and when they are made generally available to Ivanti's end users. (B) SUPPORT SERVICES: During the term for which Licensee has paid the applicable support fees, Licensee is entitled to support in accordance with Ivanti's points -based support programs. Points expire at the end of each Support Services period and new points are calculated each renewal period. Support levels may be adjusted any time Licensee purchases additional Support Services. For more information on the Ivanti support programs, see the Ivanti service portal at http://www.ivanti.com/en- US/company/legal/support-terms. (C) NO OBLIGATION. Ivanti shall be under no obligation to furnish Maintenance and/or Support Services for the Licensed Software to the extent that such Maintenance and/or Support Services are necessary or desired as a result of: (i) the operation of the Licensed Software in environmental conditions or configurations outside those prescribed in the Documentation; (ii) Licensee's failure to upgrade and update the Licensed Software to the currently supported versions of the Licensed Software or to maintain the Licensed Software in accordance with the standards of Maintenance prescribed in the Documentation or as specified in Maintenance or Support Services received by Licensee from Ivanti; (iii) actions of any third party other than Ivanti or a third party authorized by Ivanti; and (iv) causes unrelated to the Licensed Software as delivered to Licensee by Ivanti, including without limitation, modifications to the Licensed Software made by Licensee or on Licensee's behalf. (D) TERMINATION OF MAINTENANCE OR SUPPORT SERVICES. Without limiting any other remedies available under this EULA, at law, or in equity, Ivanti shall have the right to terminate Licensee's right to receive Maintenance and/or Support Services with prior notice to Licensee for Licensee's breach hereunder if such breach remains uncured for a period of thirty (30) days after receipt of notice thereof from Ivanti. 9. THIRD -PARTY SOFTWARE. The Licensed Software may be bundled with non-integrated hardware or other software programs licensed or sold by a licensor other than Ivanti. IVANTI DOES NOT WARRANT SUCH THIRD -PARTY PRODUCTS. Any and all such third -party products (e.g., drivers, utilities, operating system components, etc.) which may be distributed with the Licensed Software are provided "AS IS" without warranty of any kind, whether express or implied, and Licensee's use and installation thereof, and any related warranty service, is subject to the third -party licenses supplied with such products or the applicable manufacturer's warranty. Use of Microsoft's DCOM software, distributed with the Licensed Software, is conditioned upon Licensee having a valid licensed copy of the applicable Microsoft operating system software on the computer on which the DCOM software is installed. Ivanti expressly disclaims liability of any kind with respect to Licensee's installation or use of third -party products. Nothing in this EULA shall restrict, limit or otherwise affect any rights or obligations Licensee may have, or conditions to which Licensee may be subject, under any applicable open source licenses to any open source code contained in any Licensed Software. Ivanti may cease to provide access to third - party databases and content, such as patch content, used with some licensed software, in its sole discretion, at any time, and makes no warranty that third -party software which Licensee seeks to access using the licensed software shall be available for downloading to Licensee's system. 10. LIMITED WARRANTY. IVANTI WARRANTS THAT FOR A PERIOD OF NINETY (90) DAYS FROM LICENSEE'S INITIAL ACQUISITION OF A LICENSE TO USE THE LICENSED SOFTWARE, THE LICENSED SOFTWARE WILL FUNCTION SUBSTANTIALLY IN CONFORMANCE WITH THE DOCUMENTATION ACCOMPANYING SUCH LICENSED SOFTWARE WHEN USED IN ACCORDANCE WITH THE ACCOMPANYING DOCUMENTATION. LICENSEE'S SOLE REMEDY FOR A BREACH OF THIS WARRANTY SHALL BE THAT IVANTI, IN ITS REASONABLE DISCRETION, WILL EITHER: (i) RESOLVE THE NONCONFORMITY, (ii) REPLACE THE LICENSED SOFTWARE WITH SOFTWARE OF SUBSTANTIALLY THE SAME FUNCTIONALITY, OR (iii) REFUND THE LICENSE FEES PAID BY LICENSEE FOR THE APPLICABLE LICENSED SOFTWARE. THIS LIMITED WARRANTY SHALL NOT APPLY TO UPDATES AND UPGRADES (IF ANY) TO THE LICENSED SOFTWARE OR IF LICENSEE HAS OBTAINED A TRIAL -USE LICENSE. 11. NO OTHER WARRANTIES. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE LICENSED SOFTWARE, MAINTENANCE AND SUPPORT SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON - INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ANY EXPRESS WARRANTY MADE OUTSIDE OF THIS EULA IS EXCLUDED AND SUPERSEDED. NEITHER IVANTI NOR ITS LICENSORS REPRESENT OR WARRANT THAT THE LICENSED SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT THE LICENSED SOFTWARE IS WITHOUT DEFECT OR ERROR OR THAT OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE MAY HAVE OTHER WARRANTY RIGHTS PROVIDED BY LOCAL LAW. 12. LIMITATION OF LIABILITY AND DIRECT DAMAGES. IN NO EVENT SHALL IVANTI OR ITS LICENSORS, VENDORS, AFFILIATES, SUBSIDIARIES, PARENTS, EMPLOYEES AND/OR SUPPLIERS BE LIABLE UNDER THIS EULA OR IN CONNECTION WITH THE LICENSED SOFTWARE, MAINTENANCE, OR SUPPORT SERVICES FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF COMPUTER PROGRAMS, OR INABILITY TO USE THE LICENSED SOFTWARE (REGARDLESS OF THE FORM OF ACTION OR CLAIM), EVEN IF IVANTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IVANTI'S ENTIRE LIABILITY UNDER THIS EULA SHALL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES AND THE AGGREGATE LIABILITY OF IVANTI ARISING FROM OR RELATING TO THIS EULA, THE USE OF THE LICENSED SOFTWARE, MAINTENANCE, AND SUPPORT SERVICES SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEES RECEIVED BY IVANTI FROM LICENSEE UNDER THIS EULA FOR THE LICENSED SOFTWARE OUT OF WHICH SUCH LIABILITY AROSE (EXCEPT WITH RESPECT TO INDEMNIFICATION UNDER SECTION 13 OF THIS EULA WHICH SHALL NOT BE LIMITED). SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS OF WARRANTIES, SO SOME OF THESE PROVISIONS MAY NOT APPLY TO LICENSEE. 13. INDEMNIFICATION. (A) INDEMNIFICATION BY IVANTI: Ivanti will, at its own expense, defend or settle any Infringement Claim and indemnify Licensee for any damages finally awarded against Licensee, but only if: (i) Licensee promptly notifies Ivanti of any Infringement Claim; (ii) Ivanti retains sole control of the defense, negotiations, settlement, or compromise of any Infringement Claim; and (iii) Licensee provides Ivanti with all necessary authority, information, and reasonable assistance (at Ivanti's expense). Ivanti will not be responsible for any costs, expenses or compromise incurred or made by Licensee without Ivanti's prior written consent. If use of Licensed Software is permanently enjoined as the result of an Infringement Claim, Ivanti will, in its sole discretion and expense, procure for Licensee the right to continue using such Licensed Software, replace such Licensed Software with non -infringing product, modify such Licensed Software so that it is no longer infringing, or, if each of the foregoing is commercially unreasonable or unduly burdensome, Ivanti may elect to refund to Licensee the fees, less depreciation, received by Ivanti for such enjoined Licensed Software. Depreciation shall be determined using a straight line basis over thirty-six (36) months, commencing on the effective date for Ivanti Licensed Software and on the date of first delivery to Licensee of any Licensed Software or Support Services. (B) EXCLUSIONS: Ivanti shall not have any indemnification obligations, other responsibility or liability for any costs, expenses, or damages, settlement, or otherwise resulting from: (i) Ivanti's compliance with Licensee's designs, specifications or instructions; (ii) Licensee's modification (whether authorized or not) of Licensed Software; (iii) any Infringement Claim arising from Licensee's combined use of Licensed Software (or any part thereof) with any Licensee or other third party product; or (iv) Licensee's direct or contributory infringement of any business method patent. (C) ENTIRE OBLIGATION AND EXCLUSIVE REMEDY: The foregoing states the entire obligation and exclusive remedy of each of the parties hereto with respect to any lvanti indemnification obligation. (D) INDEMNIFICATION BY LICENSEE: Licensee agrees to defend, indemnify, and hold Ivanti harmless from and against any and all actions, claims, damages, expenses (including attorneys' foos and out of pocket expenses) and liabilities arising out of (i) Licensee's unauthorized use of Licensed Software; (ii) for any material breach of this EULA by Licensee (or Licensee's affiliates, contractors, consultants); (iii) Ivanti's compliance with Licensee's designs, specifications or instructions; and (iv) Licensee's modification (whether authorized or not) of Licensed Software. 14. PAYMENT AND TAXES. In the event that Licensee is purchasing directly from Ivanti and payment is required from Licensee directly to lvanti (as opposed to purchase through or payment to an authorized Ivanti reseller or distributor), Licensee shall pay lvanti all amounts due in U.S. Dollars no later than thirty (30) days following Licensee's receipt of an invoice from Ivanti. For the purchase of any annual renewal of the then -current annual Subscription Fee and annual Support Services Fees (if any), Licensee shall make payment to Ivanti within thirty (30) days of such annual renewal. If Licensee fails to make a payment to Ivanti when due, Ivanti may charge Licensee interest at the lesser of a rate of one and one half percent (1.5%) per month or the maximum rate allowed by applicable law, which interest will accumulate on the outstanding balance on a daily basis until paid in full. Licensee shall reimburse Ivanti for all reasonable costs, including legal fees and related costs, Ivanti incurs in collecting any late payments and interest from Licensee. Ivanti shall be entitled to terminate all licenses, services and Support Services provided hereunder upon thirty (30) days prior written notice to Licensee if Licensee fails to pay any required fees when due. In the event that any withholding, sales, value-added, use or other taxes or government fees, assessments or charges are payable because of this EULA, the license of the Licensed Software to Licensee, or because of any payment by Licensee, then Licensee shall pay all such taxes, fees, assessments and charges in addition to all other payments. If Ivanti is required to make any such payments, Licensee agrees to reimburse Ivanti for such payments promptly upon notice from Ivanti. 15. TERMINATION OF THIS EULA. If Licensee is using the Licensed Software under any time-limited license, including without limitation a Trial -Use License or Subscription License, this EULA shall terminate with regard to such Licensed Software without notice to Licensee on the last day of the specified time period. Any other license granted hereunder shall automatically terminate if Licensee breaches this EULA. Upon expiration or termination of this EULA, Licensee shall immediately cease all use of the Licensed Software and uninstall and delete all of the Licensed Software. The foregoing shall not limit or affect any remedy available to Ivanti as a result of any breach of this EULA by Licensee. 16. EXPORT COMPLIANCE. Licensee acknowledges that the Licensed Software is exported from the United States in accordance with the Export Administration Regulations. The Licensed Software, and any product or technical information provided by Ivanti, are subject to applicable import and export regulations of the United States and/or other countries. Diversion contrary to U.S. law is prohibited. Licensee agrees to comply with all applicable import and export regulations as they may be amended from time to time. Regardless of any disclosure made by Licensee to Ivanti of an ultimate destination of the Licensed Software or any product or technical information, Licensee agrees that it will not export, re-export or disclose (directly or indirectly) any of the Licensed Software, any product or technical information provided by Ivanti, or any portion thereof, to any country, entity or person in violation of U.S. export laws or regulations or any other law, regulation, or government order. Note that Licensed Software containing encryption may be subject to additional restrictions with which Licensee also agrees to comply. 17. GOVERNING LAW. If Licensee has its primary office in North America, Central America, South America, or any other area not expressly identified below in this section, this EULA is governed by the laws of the State of Utah, United States of America. If Licensee has its primary office in a member state of the European Union or the European Free Trade Association, the Middle East or Africa, this EULA is governed by the laws of England. If Licensee has its primary office in Japan, this EULA is governed by the laws of Japan. If Licensee has its primary office in the People's Republic of China, this EULA is governed by the laws of the People's Republic of China. Such governing laws are effective without regard to the principles of conflict or choice of law and are exclusive of any provisions of the United Nations Convention on Contracts for Sale of Goods. In any action or suit to enforce any right or remedy under this EULA, the prevailing party will be entitled to recover its fees and costs, including reasonable attorney's fees. 18. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed Software is provided with "RESTRICTED RIGHTS" and is deemed "commercial computer software" and "commercial computer software documentation" within the meaning of applicable civilian and military Federal acquisition regulations and any supplement thereto. Use, modification, duplication, or disclosure by the United States Government is subject to restrictions as set forth in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 227.7202-1 (DOD policy on commercial computer software), FAR 52.227-19 (DEC 2007) (commercial computer software clause for civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data - commercial items clause); FAR 52.227-14, including Alternates I, II, and III (DEC 2007) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), and any successor provisions . Use of the Company Products by the U.S. Government constitutes acknowledgment of Ivanti's proprietary rights therein. The Contractor or Manufacturer is Ivanti, Inc. (or its subsidiaries or affiliates), with an office at 698 West 10000 South, Suite 500, South Jordan, UT 84095, USA. 19. SEVERABILITY. If any provision in this EULA shall be found or be held to be invalid, unenforceable, or in conflict with applicable law in any jurisdiction in which this EULA is being performed, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity, unenforceability, or conflict, and all other provisions of this EULA shall remain unaffected. 20. FORCE MAJEURE. Ivanti shall not be liable for its failure to perform due to unforeseen circumstances or any causes beyond Ivanti's reasonable control ("Force Majeure"). In the event of Force Majeure, Ivanti's performance will be extended for a period equal to the duration of the delay caused thereby. 21. WAIVER. No action taken pursuant to this EULA, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by such party of any representation, warranty, covenant or agreement contained herein. The waiver by any party hereto of a breach of any provision of this EULA or failure to perform by the other party shall not operate or be construed as a further or continuing waiver of such breach or failure to perform or as a waiver of any other or subsequent breach or failure to perform. No failure on the part of any party to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by such party preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All remedies hereunder are cumulative and are not exclusive of any other remedies provided by applicable law. 22. ASSIGNMENT; SUB -LICENSE. Licensee may not assign, sublicense, or transfer this EULA, the Licensed Software, any right to Support Services, or any rights or obligations hereunder without prior written consent of Ivanti. Ivanti may assign this EULA and any rights or obligations hereunder at any time and without consent. 23. NOTICES. All notices required or permitted to be given hereunder shall be in writing, shall make reference to this EULA, and shall be delivered by hand, or dispatched by prepaid courier or by registered or certified mail, postage prepaid. Notices to Ivanti shall be sent to the following address: Ivanti, Inc. 698 West 10000 South, Suite 500 South Jordan, Utah 84095 Attn: Legal Dept. Notices shall be deemed served when received by addressee or, if delivery fails by reason of some fault or action of the addressee, when tendered for delivery. 24. ENTIRE AGREEMENT; AMENDMENT. This EULA sets forth the entire understanding and agreement between Licensee and Ivanti relating to the subject matter herein. This EULA may be amended only in a writing signed by authorized representatives of both parties. No vendor, distributor, dealer, retailer, reseller, salesperson, employee or any other person is authorized to modify this EULA or to make any representations different from, or in addition to, the terms of this EULA and Licensee hereby confirms that it has not entered into this EULA in reliance on any statement or representation not expressly set forth herein. Any terms and conditions of any purchase order or other document that is submitted by Licensee in connection with the Ivanti Licensed Software that are different from or in addition to the terms and conditions of this EULA are not binding on Ivanti and are ineffective. EULA — Version: March 2017 EACH PARTY HAS CAUSED ITS DULY AUTHORIZED REPRESENTATIVE TO SIGN THIS AGREEMENT. IVANTI "LICENSEE" By: By: (Signature) (Signature) Name: Name: (print) (print) Title: Title: (print) (print) GoIvL•'I Inti nt 'SSWi4 ti.oi,l CITY OF CORPUS CHRISTI Jesse Carmona 1201 LEOPARD ST CITY HALL BASEMENT CORPUS CHRISTI, TX 78401 United States Phone: (361) 826-3765 Fax: (361) 826-4356 Email: jessecar@cctexas.com All Prices are in US Dollar (USD) Product Qty 1 Cloud Services/Management Gateway Maintenance LANDesk Software - Part#: SCNT-PMA-LDMG1000 Coverage Term: 3/30/2017 — 3/29/2018 2 TOTAL USER MANAGEMENT BUNDLE MNT (USR) LANDesk Software - Part#: LDTUM-M Coverage Term: 3/30/2017 — 3/29/2018 3 SD Host Fixed End User LANDesk Software - Part#: SDHOSTFXAN-S Coverage Term: 3/30/2017 — 3/29/2018 4 SD Host Admin Console LANDesk Software - Part#: SDHOSTAC-S Coverage Term: 3/30/2017 — 3/29/2018 Additional Comments 1 2896 Pricing Proposal Quotation #: 12914634 Created On: 2/2/2017 Valid Until: 5/31/2017 Inside Account Manager Jeff Rosen 1301 South Mo-Pac Expressway Suite 375 Austin, TX 78746 Phone: 800-870-6079 ext 8686150 Fax: (512)732-0232 Email: Jeff_Rosen@shi.com Retail Your Price Total $0.00 $779.00 $779.00 $0.00 $17.00 $49,232.00 2896 $0.00 $9.00 $26,064.00 1 $0.00 $1,015.00 $1,015.00 *Tax $0.00 Total $77,090.00 *Tax is estimated. Invoice will include the full and final tax due. SHI is proactively tracking your renewable volume licensing software using a system we have developed called Polaris Renewal Organizer ("PRO"). Please contact your sales team to gain access to (or watch a demonstration of) your customized renewal timeline, now available online. Thank You for choosing SHI-GS! To ensure the best level of service, please provide End User Name, Phone Number, and E -Mail Address when submitting a Purchase Order. For any additional information including Hardware and Software Contract Numbers, please contact an SHI-GS Sales Representative at 800-870-6079. The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnpolicv, unless there is an existing agreement between SHI and the Customer. ��ersion V1.0.8n` CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. complete Nos. 1. 2, 3, 5. and 6 it 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. 81 -it Government Solutions i Austin. TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-203297 Date r=iled: 05x/05/2017 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, 17-0481 LANDesk TUMS renewal 4 Name of Interested Party City, state, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check onty if there is NO interested Party. I :J 6 AFFIDAVIT 1 stiuy ' VICTORIA PUBYLSKI ?%. . ,s Notary Public, State of Texas ,�} Comm. Expires 10-11-2020 'rhirr.A.'5 Notary 1D 130858106 AFFIX NOTARY STAMP / SEAL ABOVE I swear, or affirm. under penally of perjury. that the above disclosure is true and correct. Sworn to and subscribed before me, by the said M { I C1 Signature of authorized agent of contracting business entity 20 1 , to certify which, witness my hand and seal of office. Signature of officer a.ministering oath �f S Printed name of officer administeYeng oath this the 91' day of Title of officer adi stering oath Foram nrnviderf by TPka¢ Fthire i'nmmiccinn othirc ctato tv i o AGENDA MEMORANDUM Future Item for the City Council Meeting of May 16, 2017 Action Item for the City Council Meeting of May 23, 2017 DATE: May 16, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd(a�cctexas.com (361) 826-1909 Dan Grimsbo, Interim Executive Director DanG c(�cctexas.com 361-826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2 c(�cctexas.com (361) 826-3169 Purchase of Four 2017 Ford F-250 CNG Service Trucks For Water Utilities Department CAPTION: Motion approving the purchase of four 2017 Ford F-250 CNG service trucks from Rush Truck Centers of Texas, LP, of New Braunfels, Texas, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for the total amount not -to -exceed $180,996.00. Funds have been approved for FY2016-2017. PURPOSE: This item is to approve the purchase of four 2017 Ford F-250 service trucks to be used by the water meter operations group in the Water Utilities Department. BACKGROUND AND FINDINGS: The four service trucks will be used by the water meter operations group for the installation and repair of water meters and automated meter reading units. The trucks will include a CNG tank and service body. The trucks will replace four 2003 model units. It is critical to the operations of the Water Department to have trucks to provide timely service to our commercial and residential customers. The trucks were budgeted for replacement in the FY17 Water Fund operating budget. ALTERNATIVES: No alternatives 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: Utilities and Fleet Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $180,996.00 $0.00 $180,996.00 Encumbered / Expended Amount $0.00 $0.00 This item $180,996.00 $0.00 $180,996.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Water Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1. 2. 3. DESCRIPTION 2017 Ford F250 CNG Service Body Truck BuyBoard Fee Freight QTY. 4 1 1 UNIT EA EA EA PRICE SHEET FORD F250 CNG TRUCKS TLGPC 521-16 Rush Truck Centers of Texas, L.P. New Braunfels, Texas UNIT PRICE $44,649.00 $400.00 $2,000.00 EXTENDED PRICE $178,596.00 $400.00 $2,000.00 Purchase Cost: $180,996.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 16, 2017 Action Item for the City Council Meeting of May 23, 2017 DATE: May 16, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance jimd@cctexas.com (361) 826-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations LawM@cctexas.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Lease -Purchase of One Peterbilt 348 Truck, with Roll -Off Chassis for the Solid Waste Operations Department CAPTION: Motion authorizing the City Manager, or designee, to lease -purchase one Peterbilt 348 truck, with a roll -off chassis from Rush Truck Centers of Texas, L.P., of Houston, Texas, based on the cooperative purchasing agreement with Houston -Galveston Area Council, for a total amount not -to -exceed $207,042.07, with an estimated expenditure of $6,901.40 in FY2016-2017. PURPOSE: This item is to approve the lease -purchase of one Peterbilt 348 truck with a roll -off trailer for the Solid Waste Operations Department. BACKGROUND AND FINDINGS: Roll -off trucks haul sludge from Wastewater plants to the Cefe Valenzuela Landfill on a daily basis. They are vital to wastewater needs in disposing of the sludge generated by the wastewater system. The truck will haul large containers which roll on and off its chassis via a cable hauling system. This roll -off truck is replacing an existing roll -off truck that is 10 years old with more than 14,000 hours. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Financing for the lease -purchase of the Peterbilt 348 truck with roll -off is based on a sixty - month term with an estimated interest rate of 3.50% for an annual estimated payment of $41,408.41. The total estimated cost over the five-year period, including principal of $189,685.00 and interest of $17,357.07 is $207,042.07. A not -to -exceed tolerance of $1,000.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate for a total not to exceed of $207,042.07. Total Lease -Purchase: Total Allowable Interest for Lease: Grand Total: $189,685.00 $17,357.07 $207,042.07 CONFORMITY TO CITY POLICY: This lease -purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Solid Waste Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $550,193.12 $200,140.67 $750,333.79 Encumbered / Expended Amount $481,172.10 $0.00 $481,172.10 This item $6,901.40 $200,140.67 $207,042.07 BALANCE $62,119.62 $0.00 $62,119.62 Fund(s): General Comments: Delivery of the Peterbilt 348 roll -off truck is scheduled during FY2016-2017. The annual estimated payment for this lease -purchase is $41,408.41 of which $6,901.40 is budgeted in FY2016-2017 by the Solid Waste Operations Department for two months of payments. The remaining lease -purchase payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1. DESCRIPTION Peterbilt 348 Truck with Galbreth 75K Roll -Off QTY. 1 UNIT EA PRICE SHEET PETERBILT 348 WITH ROLL -OFF H -GAC HT06-16 Rush Truck Centers of Texas, L.P. Houston, Texas UNIT PRICE EXTENDED PRICE $189,685.00 $189,685.00 Lease -Purchase Cost: $189,685.00 **Vendor will pay the H -GAC Fee Total Lease -Purchase Cost: Total Estimated Allowable Interest for Lease: Grand Total: $189,685.00 $17,357.07 $207,042.07 CERTIFICATE OF INTERESTED PARTIES FORM 1295 let Complete Nos. 1- Al and 6 if there are interested parties. Complete Nos. 1. 2, 3, 5, and 6 If there are no interested parties. OFFICE USE ONLY CER71FICAT1ON OF FILING 1 1 Name of business entity fling form, and the city, state and country of the business entity's place of business. Rush Truck Centers of Texas, L P. Houston, TX United States Certificate Number: 2017-190790 Date Filed: Name o governme ent ty orstate agency t is a party to the contract for which the form is )04;11/2017 being filed. City of Corpus Christi 1 Date Acknowledged: — — - 1 - - - 1`'— —,.�___ 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a I description of the services, goods, or other property to be provided under the contract 46132 Peterbilt Trucks 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermedtary 5 Check only i1 there is NO Interested Party. b AFov, j ` 1 CONNIE TRWILLO My Commission Expires April i9, 2018 I swear, or affirm, under penalty • of , 't die above disclosure Is true and correct. Y f 3 Signature of a , prized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE ,worn to and subscnbed before me, by the said Chalie Plouse Atisme U Lth thy of April , 20117 (I , to certify which, ..,''% witness my hand and seal of office Connie Truiillo TitljWarranty Clerk Signature of officer admi t. ering oath Printed name of officer administering oath Title of oficer administering oath Forms orovided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 16, 2017 Action Item for the City Council Meeting of May 23, 2017 DATE: May 5, 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 Jeff H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Advance Funding Agreement (TxDOT) Manholes and Water Valves Adjustments Saratoga Boulevard (SH 357) and Weber Road (FM 43) CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of manholes and water valves on Saratoga Boulevard (SH 357) and Weber Road (FM 43) with the City's payment in the amount of $42,000. PURPOSE: The purpose of this Agenda Item is to execute an Advance Funding Agreement (AFA) with TXDOT outlining project requirements and required City payment to TXDOT in the amount of $42,000 for the city's share of project construction and oversight. BACKGROUND AND FINDINGS: TXDOT will be performing an overlay project on Saratoga Boulevard (SH 357), Weber Road (FM 43), and Rodd Field Road. The proposed Advance Funding Agreement is needed to continue to provide the City access to the manholes and water valves only on Saratoga Boulevard and Weber Road to ensure a smooth ride for the traveling public. Per our Municipal Maintenance Agreement (MMA) with TXDOT, on Non -Controlled Access Roads, the States Responsibilities include, "Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper support of same under vehicular loads encountered and maintain the shoulders." On Non -Controlled Access Roads, the City's Responsibilities include, "Require installations, repairs, removals, or adjustments of publicly or privately owned utilities or services to be performed in accordance with Texas Department of Transportation specifications and subject to approval of the State in writing." It is per this agreement the City is responsible for funding the adjustments of manholes and water valves. ALTERNATIVES: 1. Execute the Advance Funding Agreement with TXDOT. (Recommended) 2. Do not execute the Advance Funding Agreement with TXDOT. (Not recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Fiscal Year 2015-2016 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $42,840.00 $42,840.00 TxDOT Projected Participation Total Budget Encumbered / Expended Amount 840.00 840.00 This item (TxDOT) 42,000.00 42,000.00 Future Anticipated Expenditures This Project BALANCE $0.00 $0.00 Fund(s): Water and Wastewater CIP Reserves RECOMMENDATION: City staff recommends approval of the Resolution to enter into the Advance Funding Agreement. LIST OF SUPPORTING DOCUMENTS: Resolution Project Budget Location Map Advance Funding Agreement Presentation Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of manholes and water valves on Saratoga Boulevard (SH 357) and Weber Road (FM 43) with the City's payment in the amount of $42,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Advance Funding Agreement (AFA) for the adjustment of manholes and water valves on Saratoga Boulevard (SH 357) and Weber Road (FM 43) with the Texas Department of Transportation (TXDOT) with the City's payment in the amount of $42,000 for the City's share of construction and project oversight. SECTION 2. The City Manager or designee is authorized to execute all related documents necessary to administer said AFA, including minor amendments thereto. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of , 2017 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Council Member PROJECT BUDGET ESTIMATE Manholes and Water Valves Adjustments Saratoga Boulevard (SH 357) and Weber Road (FM 43) FUNDS AVAILABLE: Water CIP 21,420 Wastewater CIP 21,420 TOTAL 42,840 FUNDS REQUIRED: Advance Funding Agreement - Local Match (TXDOT) 42,000 Reimbursements: Total Reimbursements 840 Administration (Engineering/Capital Budget/Finance) 420 Engineering Services (Project Mgt/Constr Mgt/Land Acq Svcs) 420 Miscellaneous (Printing, Advertising, etc.) TOTAL 42,840 ESTIMATED PROJECT BUDGET BALANCE Corpus Christi PROJECT LOCATION Yor-L 4?/'c/ LOCATION MAP NOT TO SCALE Project Number: T17020 City Manhole and Water Valve Adjustments by TxDOT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES �rw CSJ # 1069-01-037, 1557-01-044 District #CRP 16 Code Chart 64 #09800 Project: SH 357 Man Holes & Water Valves Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For Preventive Maintenance and Rehabilitation Project On -System THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order Number 114670 that provides for the development of, and funding for, the Project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , 20, which is attached to and made a part of this agreement as Attachment A for the development of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. AFA-LPAFA ShortGen.doc Page 1 of 10 Revised 10/18/2016 CSJ # 1069-01-037, 1557-01-044 District #CRP 16 Code Chart 64 #09800 Project: SH 357 Man Holes & Water Valves Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development 4. Scope of Work The scope of work for this LPAFA is described as adjust manholes and water valves on SH 357 from SH 286 to Rodd Field Road; and on FM 43 from Yorktown Blvd to SH 358. 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception. 7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the State as stated in the Master Agreement. The State is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities Construction responsibilities will be carried out by the State as stated in the Master Agreement. 11. Project Maintenance Project maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent AFA-LPAFA ShortGen.doc Page 2 of 10 Revised 10/18/2016 CSJ # 1069-01-037, 1557-01-044 District #CRP 16 Code Chart 64 #09800 Project: SH 357 Man Holes & Water Valves Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. D. The Local Government is responsible for all non-federal and non -state funding, unless otherwise provided for in this agreement or through amendment of this agreement. Where Special Approval has been granted by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. F. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. Funds may only be applied by the State to the Project. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. G. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. AFA-LPAFA_ShortGen.doc Page 3 of 10 Revised 10/18/2016 CSJ # 1069-01-037, 1557-01-044 District #CRP 16 Code Chart 64 #09800 Project: SH 357 Man Holes & Water Valves Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development H. When Special Approval has been granted by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification of those amounts. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. AFA-LPAFA ShortGen.doc Page 4 of 10 Revised 10/18/2016 CSJ # 1069-01-037, 1557-01-044 District #CRP 16 Code Chart 64 #09800 Project: SH 357 Man Holes & Water Valves Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 19. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. AFA-LPAFA ShortGen.doc Page 5 of 10 Revised 10/18/2016 CSJ # 1069-01-037, 1557-01-044 District #CRP 16 Code Chart 64 #09800 Project: SH 357 Man Holes & Water Valves Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas AFA-LPAFA ShortGen.doc Page 6 of 10 Revised 10/18/2016 CSJ # 1069-01-037, 1557-01-044 District #CRP 16 Code Chart 64 #09800 Project: SH 357 Man Holes & Water Valves Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. AFA-LPAFA ShortGen.doc Page 7 of 10 Revised 10/18/2016 CSJ # 1069-01-037, 1557-01-044 District #CRP 16 Code Chart 64 #09800 Project: SH 357 Man Holes & Water Valves Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at sinaleaudits@txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY ." D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 23. Pertinent Non -Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. AFA-LPAFA ShortGen.doc Page 8 of 10 Revised 10/18/2016 CSJ # 1069-01-037, 1557-01-044 District #CRP 16 Code Chart 64 #09800 Project: SH 357 Man Holes & Water Valves Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). AFA-LPAFA ShortGen.doc Page 9 of 10 Revised 10/18/2016 CSJ # 1069-01-037, 1557-01-044 District #CRP 16 Code Chart 64 #09800 Project: SH 357 Man Holes & Water Valves Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Valerie H. Gray, P.E. Typed or Printed Name Executive Director of Public Works Title Date THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA-LPAFA ShortGen.doc Page 10 of 10 Revised 10/18/2016 J CSJ # 1069-01-037, 1557-01-044 District #CRP 16 Code Chart 64 #09800 Project: SH 357 Man Holes & Water Valves Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE AFA-LPAFA ShortGen.doc J J 111. Page 1 of 1 Attachment A CSJ # 1069-01-037, 1557-01-044 District #CRP 16 Code Chart 64 #09800 Project: SH 357 Man Holes & Water Valves Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP :)*''''?*414,14*.ift4j144,01141414:4440.41At.i,*044*Ak iis *R„ END : PROJECT1557-01 CSJ-044 I STA: 711F:gN g z. #. REF MRK. 056241 4 ti 0#4 444474 rt. "it . • T r aiTo, Au s. liti‘vot ir ......„w A.....,„, i , it -woitiv--,..-4" 1 , BEGIY PROJECT [:s u;108 -01-Q37 ___-,,_ STA: 1EF MRK• 0558 40tAngt BEGIN PROJECT CSJ:1557- a1-oaa STA: REF MRK:D580 END PROJECT c s,.: 100-01 -036 STA. REF WK.: 0566 CSJ:1069-01-037 STA: REF MRK:0564 BEGIN PROJECT CSJ:1OE -01-438 STA. REF MRK: 0564 STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION LOCATION MAP CONTROL: 1069-01-037 SH 357, ETC. NUECES COUNTY SH 357 CSJ 1055-01-037 A PROJECT LENGTH= 32,736.00 FT LIMITS: FROM: SH 286 TO: ROOD FIELD (6.20 LI] ROOD FIELD CSJ 1069-01-039 : PROJECT LENGTH= 9,504.00 FT 1 v .•1I: LIMITS. FROM. SH 357 TO. SH 359 FM 43 CSJ 1557-01-044 : PROJECT LENGTH= 14,678.40 FT oc.::: LIMITS: FROM: VORKT044N BLVD TO: SH 358 AFA-LPAFA ShortGen.doc Page 1 of 1 Attachment B CSJ # 1069-01-037, 1557-01-044 District #CRP 16 Code Chart 64 #09800 Project: SH 357 Man Holes & Water Valves Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development ATTACHMENT C 1069-01-037 Costs will be allocated based on applicable State funding and a fixed amount of Local Government funding until Local Government funding reaches the maximum obligated amount. The State will then be responsible for 100% of the costs. Description Total Estimated Cost Federal Participation State Participation Local 1Participation Cost Cost Cost Engineering (by State) $480.00 $0 $480.00 $0 Construction (by State) $1,700.00 $0 $0 $1,700.00 Subtotal $2,180.00 $0 $480.00 $1,700.00 Environmental Direct State Costs $14.00 $0 $14.00 $0 Right of Way Direct State Costs $14.00 $0 $14.00 $0 Engineering Direct State Costs $28.00 $0 $28.00 $0 Utility Direct State Costs $14.00 $0 $14.00 $0 Construction Direct State Costs $160.00 $0 $0 $160.00 Indirect State Costs $151.78 $0 $151.78 $0 TOTAL $2,561.78 $0 $701.78 $1,860.00 AFA-LPAFA ShortGen.doc Page 1 of 2 Attachment C CSJ # 1069-01-037, 1557-01-044 District #CRP 16 Code Chart 64 #09800 Project: SH 357 Man Holes & Water Valves Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.:20.205 Not Research and Development ATTACHMENT C 1557-01-044 Costs will be allocated based on applicable State funding and a fixed amount of Local Government funding until Local Government funding reaches the maximum obligated amount. The State will then be responsible for 100% of the costs. Description otal Estimated Cost Federal Participation State Participation Local Participation Cost Cost Cost Engineering (by State) $11,520.00 $0 $11,520.00 $0 Construction (by State) $36,300.00 $0 $0 $36,300.00 Subtotal $47,820.00 $0 $11,520.00 $36,300.00 Environmental Direct State Costs $345.00 $0 $345.00 $0 Right of Way Direct State Costs $345.00 $0 $345.00 $0 Engineering Direct State Costs $691.00 $0 $691.00 $0 Utility Direct State Costs $345.00 $0 $345.00 $0 Construction Direct State Costs $3,840.00 $0 $0 $3,840.00 Indirect State Costs $3,516.14 $0 $3,516.14 $0 Subtotal $56,902.14 ',0 $16,762.14 $40,140.00 TOTAL $59,463.92 $0 $17,463.92 $42,000.00 Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $42,000.00 Total payment by the Local Government to the State: $42,000.00 The total amount of Local Government participation shall not exceed the amount appearing above. AFA-LPAFA ShortGen.doc Page 2 of 2 Attachment C Carpus Chr sti Engineering Manholes and Water Valves Adjustments Saratoga Boulevard (SH 357) and Weber Road (FM 43) Council Presentation May 16, 2017 Location Map OIL ) Corpus Chr sti Engineering City Manhole and Water Valve Ad'ustments by TxDOT 2 Project Scope [�1 Corpus Chr sti Engineering • TxDOT will be preforming an overlay project along the following corridors: • Saratoga Boulevard (SH 357) from Crosstown Expressway (SH 286) to Rodd Field Road • Weber Road (FM 43) from Yorktown Boulevard to South Padre Island Drive (SH 358) • Rodd Field Road from Saratoga Boulevard (SH 357) to South Padre Island Drive (SH 358) • City manholes and water valves will only be adjusted on Saratoga Boulevard and Weber Road • The overlay project will change the roadway profile, thus requiring the water valves and manholes to be adjusted • The City is required to adjust City owned utilities Per City's Municipal Maintenance Agreement (MMA) with TxDOT 3 Project Schedule Corpus Chrsti Engineering 2017 A M J J A s 0 TxDOT let project 4 Corpus Chr sti Engineering Questions? AGENDA MEMORANDUM Future Item for the City Council Meeting of May 16, 2017 Action Item for City Council Meeting May 23, 2017 DATE: 4/27/2017 TO: Margie C. Rose, City Manager THROUGH: Keith Selman, Assistant City Manager KeithSe@cctexas.com 361-826-3898 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 Resolution approving a Homebuyer Assistance Program agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. CAPTION: Resolution approving an agreement in the amount of $220,000 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program — Homebuyer Assistance Program, ratifying acceptance of the agreement to begin April 1, 2017, and authorizing the City Manager or designee to execute said agreement. PURPOSE: The purpose of the resolution is to approve an agreement between the Corpus Christi Business and Job Development Corporation (Type A Board) and the City of Corpus Christi for the Homebuyer Assistance Program which is administered by the Housing and Community Development Department. BACKGROUND AND FINDINGS: During the April 10, 2017 Type A Board Meeting, the Board approved a motion to transfer $200,000 into the Homebuyer Assistance Program and $20,000 into the City of CC -Reimbursement line item under the Type A Board Affordable Housing Program. Also motioned on this date was an approval to enter into an agreement between the Type A Board and the City of Corpus Christi for the administration and management of the Homebuyer Assistance Program. The agreement covers the term from April 1, 2017 to March 31, 2018, whereas the Board will receive quarterly updates regarding the Homebuyer Assistance Program. The total amount covered by the agreement is $220,000. ALTERNATIVES: None OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal Housing and Community Development FINANCIAL IMPACT: 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 $220,000 $220,000 BALANCE $220,000 $220,000 Fund(s): Comments: Financial Impact will be on the funding of the Type A Board funding. RECOMMENDATION: Staff recommends that the City Council approve the agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement with Exhibit A RESOLUTION APPROVING AN AGREEMENT IN THE AMOUNT OF $220,000, BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM — HOMEBUYER ASSISTANCE PROGRAM, RATIFYING ACCEPTANCE OF THE AGREEMENT TO BEGIN APRIL 1, 2017, AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE SAID AGREEMENT. WHEREAS, the Board of the Corpus Christi Business and Job Development Corporation (the "Board") has approved a Type A Affordable Housing Program - Homebuyer Assistance Program, which it funds; WHEREAS, the City of Corpus Christi (the "City"), through its Housing and Community Development Department ("Department"), manages several programs to assist eligible citizens with affordable housing; WHEREAS, the City is willing to provide the services that the Board wishes to fund and has provided these services in the past for the Board; WHEREAS, on April 10, 2017, the Board approved an agreement in the amount of $220,000, between the City and the Board for the management of its program. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The agreement between the City and the Corpus Christi Business and Job Development Board is approved. Further, the City Council ratifies acceptance of the agreement to begin as of April 1, 2017. SECTION 2. The City Manager, or designee, is authorized to execute an agreement between the Board and the City for the Type A Affordable Housing Program — Homebuyer Assistance Program. Section 3. A copy of the executed agreement shall be filed in the office of the City Secretary. Adopted this the day of , 2017. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Council Member Page 2 of 2 AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM — HOMEBUYER ASSISTANCE PROGRAM This Agreement for the Type A Affordable Housing Program — Homebuyer Assistance Program ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi ("City"), a Texas home rule municipality. WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board wishes to fund affordable housing projects in an effective manner; WHEREAS, the City through its Housing and Community Development Department ("Department") manages several programs to assist eligible citizens with affordable housing; WHEREAS, the City is willing to provide the services that the Board wishes to fund and has provided these services in the past for the Board; WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the City be awarded affordable housing funds, by execution of this Agreement, to accomplish the affordable housing project described in Exhibit "A" of this Agreement ("Project"); In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Affordable Housing Services. This Agreement between the Corporation and the City is executed to implement the promotion and development of an affordable housing project described in Exhibit "A" and incorporated in this Agreement by reference. The parties have approved this Agreement in an amount not to exceed $220,000, of which up to $20,000 will reimburse City for staff time in implementing the Project. The parties have agreed that $200,000 will be used to Page 1 of 8 implement the Project and to process applications from the citizens for funds under the Project. In addition to the $200,000 funded by this agreement, the parties agree that the City will use any funds left over from previous agreements for this program to implement the Project and to process applications from the citizens for funds under the Project. The funds provided under this agreement may not be used for any other projects or to reimburse the City for any staff time which is unrelated to this Project. Any funds not used for the implementation of the Project will be returned to the Corporation. 2. Reimbursement Process. The Parties agree that the Department will request reimbursement for staff time on a quarterly basis. Requests for reimbursement shall be submitted to the Executive Director of the Board. Reimbursement requests shall list the number of homebuyers who received funds under the Project, the total number of applicants, the number of hours spent reviewing and processing applications, and the hourly rate at which the staff time is charged. Reimbursement requests containing all of the required information shall be processed within 30 days. 3. Quarterly Updates. At the Board's meeting following the end of each quarter, the Director of the Department, or designee, will present an update on the program to the Board. The update will include the number of loans processed, the number of applicants, and the number of hours spent reviewing and processing loan applications during the preceding quarter. 4. Effective Date. The effective date of this Program Agreement is the date on which the City Council grants approval to the Corporation for this Project, so long as all parties have executed this Agreement. 5. Term. The term of this Agreement is from April 1, 2017 through March 31, 2018. 6. Termination. Either party may terminate this Agreement by giving at least 30 days' written notice to the other of its intent to terminate. In the event of such termination, the City will be entitled to reimbursement for any staff time spent reviewing and processing applications under the Project prior to the effective date of the termination. 7. Amendments or Modifications. No amendments or modifications to this Agreement or to the Project may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 8. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to Corporation: City of Corpus Christi Business and Job Development Corporation Attn: President, R. Bryan Gulley 1201 Leopard Street Corpus Christi, Texas 78401 Page 2 of 8 If to City: City of Corpus Christi Attn.: Director of Housing and Community Development Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 9. Relationship of Parties. In performing this Agreement, the Corporation and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. CORPUS CHRISTI BUSINESS & CITY OF CORPUS CHRISTI JOB DEVELOPMENT CORPORATION R. Bryan Gulley Samuel Keith Selman President Assistant City Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Aimee Alcorn -Reed Assistant City Attorney Attorney for Corporation Yvette Aguilar Assistant City Attorney Attorney for City Housing and Community Development Page 3 of 8 City of Corpus Christi Exhibit A Corpus Christi Business and Job Development Corporation TYPE A Affordable Housing — Homebuyer Assistance Program Guidelines for the Program and Criteria for Application REVISED 09/01/2016 Page 4of8 Corpus Christi Business and Job Development Corporation TYPE A Homebuyer Assistance Program Guidelines for the Program and Criteria for Application I. Purpose The purpose of the program is to expand affordable housing opportunities for low income homebuyers by providing a deferred forgivable loan to be utilized for down payment assistance to buy down the purchase price of the home. II. General Program Description: The funding is available to qualified homebuyers for the purpose of providing down payment assistance a deferred forgivable loan to buy down the purchase price of an affordable home. Affordable housing is any house with a purchase price which does not exceed 95% of the Metropolitan Statistical Area as determined by HUD, which is currently $166,000 for 2017. The intent is to provide general terms/guidelines in order to accomplish the buy down of the purchase price to make the home affordable for households with incomes in the 80% of median income ranges (see Attachment A, 80% of Median Income Chart). The funding will be in the form of a deferred forgivable loan for up to $10,000. The term of affordability will be 5 years. The loan will be amortized over the specified affordability period, commencing on the closure date, and forgiven at a rate of $2,000 per year for every year the homebuyer lives in the house. Should the homebuyer move out before the affordability period ends, then the remaining period will be prorated and must be paid back. Recapture provisions require repayment of the total loan amount on a prorated basis. If the buyer sells the property within the affordability period, the balance of the amortized loan shall be due and payable. The funding is available on a first come, first serve basis. III. Housing Standards: The home must pass a Housing Quality Standards (HQS) inspection, which is conducted by HCD staff. If the house was build prior to 1978, a lead based paint test inspection will be required in accordance with HUD Lead Based Paint Regulations. The house cannot be located in a 100 year flood plain. Per 24 CFR Part 55: Properties located within the 100 year floodplain are vulnerable to a 100 -year flood, and a 1 percent chance of a flood occurring every year. IV. Homebuyer Eligibility: Prospective homebuyers shall meet the gross annual income limits adjusted for family size as determined by HUD (see Attachment A). The Housing and Community Development Department (HCD) will determine the applicant's anticipated annual gross income. Anticipated annual gross income is an estimation of future income a purchasing household expects to receive based upon their current and future monthly income annualized over a 12 month period. Some examples of future income are bonuses, pay raises, commissions or over time. Homebuyers must attend a HUD approved Homebuyer/Homeownership class to obtain a Homebuyer Education Certificate. The certificate cannot be older than one year from the date of issue, and cannot be obtained from an Page 5 of 8 online class. If two or more persons are buying a home together, all must attend a class and provide a copy of the Homebuyer Education Certificate. HUD Approved Housing Counseling Agencies can be found here: http://www.hudl.qov/offices/hsq/sfh/hcc/hcs.cfm The purchasing household size will be determined by the Housing and Community Development Department using HUD's definition of purchasing household. Purchasing household includes all persons who will be occupying the units as their permanent residence. A member of a household is considered to a permanent member of the household if they have been living as a member of the household for at least six months or more. Homebuyer's cash on hand cannot exceed program limits. Housing and Community Development will make a determination of eligibility at the time the mortgage lender submits the required documents listed in section (V. Lender Requirements) below. The homebuyer will be issued a Commitment Letter review and approval of all required submitted documents. The Commitment Letter will expire 6 months from the date of issuance. At the time of application, the homebuyer cannot have ownership in any property. The housing ratio ("front end ratio") must fall between 28%-32% The total debt ratio ("back end ratio") may not exceed 45% V. Lender Requirements: The Lender will be required to submit the following to HCD: o Loan Estimate Form o Lender pre -qualification o Signed and dated 1003 o Escrow Earnest Money Contract (sales price cannot exceed $162,000) o Three months of the most recent bank statements o Paycheck stubs for past 3 months o Government issued identification for all purchasing household members o Copy of social security card of all members of the household o Copy of the Homebuyer Education Certificate (no older than on year from date of issue) o Underwriter Summary (1008) — to be provided prior to HCD issuing the Commitment Letter o Title Commitment showing the 1St and 2nd Liens (upon final loan approval) o Closing Disclosure (upon final loan approval) Page 6 of 8 VI. Title Company Requirements: HCD will give the approval for closing and will wire funds to the Title Company. The Title Company will provide to HCD the original signed promissory note, the recorded City of Corpus Christi Deed of Trust, Recorded Warranty Deed, Final signed Closing Disclosure, Insurance Binder which shows all liens, and the Title Policy which shows HCD as a lien holder. The Title Company will be responsible for ensuring that all documents are complete and correct. Page 7 of 8 INCOME LIMITS (80% of MEDIAN INCOME) FAMILY SIZE 1 2 3 4 5 6 7 8 ANNUAL INCOME 32,250 37,200 41,850 46,500 50,250 53,950 57,750 61,400 Revised 6/6/2016* Income limits are established by HUD and are subject to change without notice Page 8 of 8 CERTIFICATE OF IPARTIES , FORM 1295 1 of 1 Complete Nos. z'4and snthere are interested parties. Complete Nos1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-189595 Date Filed: 0407/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Corpus Christi Business and Job Development Corp Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmum entity or state agency to trak or identify the contract, and provide a description of the services, goods, or other property to be provided under thcontract. XXXX Homebuyer Assistance Program 4/1/17-3/ 1/18 4 Name of lnterested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling | Intermediary Trujillo, Lee Corpus Christi, TX United States X Guerra, Gabe Corpus Christi, TX United States X GuUoy, Bryan Corpus Christi, TX United States X Braselton, Bart Corpus Christi, TX United States X Maldonado, Randy Corpus Christi, TX United States X Sanchez, Constance Corpus Christi, TX United States X City of Corpus Christi Corpus Christi, TX United States X 5 Check only if there is NO Interested Party ' El 6 AFFIDAVIT ~*^^,1.^s~A. ,e,,,~*,^~*^,^,~ir I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 1MONAQUETAMEZLERMA 01 0#1� Notary PublicSTATE OF TEXAS -��C��� > / Ny�omm�8m�01'23�O2 Ne—....0" `-_`~—~-�*—�-�~'~^� AFFIX NOTARY STAMP / SEAL ABOVE u����mmo.�me� m anemn contractinguusmosn,nu� U . Y air) 6 > this the ` ` day of �� 0 20 J \ ( .mcertify which, witnessmyhand ',^ —al o,office. / t - � q. � , LY MO-64AI ~' ' ^~~ ' ' s�n�u�m,� omuum '-enngnm» namav' ' '' ` �^� ii.�" �.="uummeummno�n officer � , Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 16, 2017 Action Item for the City Council Meeting of May 23, 2017 DATE: May 16, 2017 TO: Margie C. Rose, City Manager FROM: Laura Garcia, Director of Libraries LauraGa c(�cctexas.com (361) 826-7070 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2(c�cctexas.com (361) 826-3169 Supply Agreement for Library Books, Audio and Visual Recordings CAPTION: Motion authorizing City Manager, or designee, to execute a supply agreement with Baker & Taylor, LLC, Charlotte, North Carolina for library books, audio and visual recordings based on the cooperative purchasing agreement with TXSmartBuy (TXMAS) for a total amount not -to -exceed $660,000.00, with an estimated expenditure of $255,000.00 in FY 2016-2017. The term of the agreement is for 24 months with options to extend for up to two additional 12 -month periods at the sole discretion of the City. PURPOSE: This item is to approve the library books, audio and visual recordings supply agreement with Baker & Taylor, LLC. BACKGROUND AND FINDINGS: Library patrons borrow over 800,000 items per year. Materials purchased through this supply agreement will consist of prints, audio and visual collections utilized at all six City libraries. The contractor will also provide processing services that include book jackets, spine labels and barcodes. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Libraries FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $481,078.61 $405,000.00 $886,078.61 Encumbered / Expended Amount $211,707.12 $0.00 $211,707.12 This item $255,000.00 $405,000.00 $660,000.00 BALANCE $14,371.49 $0.00 $14,371.49 Fund(s): General Fund Comments: The initial 24 month contract term is for a total amount not -to -exceed $660,000.00, with an estimated expenditure of $255,000.00 funded in FY 2016-2017. The remaining balance of $405,000.00 will be requested in future year's budget. The total contract value will be $1,320,000.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement SUPPLY AGREEMENT NO. 1181 Library Books, Audio and Visual Recordings THIS Library Books, Audio and Visual Recordings Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Baker & Taylor, LLC ("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 Library Books, Audio and Visual Recordings in response to Request for Bid No. N/A ("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 Library Books, Audio and Visual Recordings 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 24 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 $660,000.00, 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 City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 7 under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Gabby Salazar Department: Library Phone: (361) 826-7015 Email: GabbyS@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 7 Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 7 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gabby Salazar Title: Senior Management Assistant Address: 805 Comanche St., Corpus Christi, TX 78401 Fax: (361) 826-7046 IF TO SUPPLIER: Baker & Taylor, LLC Attn: Lee Ann Queen Title: Director - Pricing Services Address: 2550 West Tyvola Road, Suite 300, Charlotte, NC 28217 Fax: (704) 998-3260 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 City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 7 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. 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 City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 7 that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 7 SUPPLIER 1/ Signature: Printed Name: Iccr„, qiu cc cl Title: EL re c. Aor — Prci Sex- ti I C. Ci Date: 5 - / 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. N/A Exhibit 2: Supplier's Bid Response City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 7 Attachment A: Scope of Work 1. General Requirements Supplier shall supply the Central Library with new editions of library books, audio and visual recordings, which will be utilized at all six City libraries. 2. Scope of Work A. Supplier shall supply an online database limited to titles available through standing order service which can be shipped automatically up on publication without further request from the library. B. The database must also include information about title changes, availability dates of titles, and allow the library staff to review pending shipments and invoices. C. Shipping and handling costs will included with the cost. D. Supplier will not require a minimum order or attach any penalty to orders below a certain size. E. When requested, supplier shall deliver books, audio and visual recordings that are pre-recorded, pre-processed, and ready for issuance to library patrons. Attachment B: Bid/Pricing Schedule Baker &Taylor Discount and Conditions of Sale Texas State Agreement 715-M2 Baker & Taylor is pleased to offer the discount terms and conditions contained in this Attachment A. The pricing grid below provides discounts for each product cateaory offered by Baker & Tavlor. Product Category Category Definition (a) Price Indicator Discount I. Adult Trade Hardcover Editions (Popular Fiction & Non -Fiction, and may include some spoken word audio) 0 - (zero) (Hardcover Trade Editions) C - (Hardcover Computer Books) 46.5% II. Juvenile Trade Hardcover Editions (Popular Fiction & Non -Fiction) J 46.5% III. Adult Quality Paperback Editions (Popular Fiction & Non -Fiction) B - (Paperback Trade Editions) C - (Paperback Computer Books) 40.5% IV. Juvenile Quality Paperback Editions (Popular Fiction & Non -Fiction) G 40.5% V. Mass Market Paperback Editions P 40.5% VI. Single Edition Reinforced (Juvenile) R 21.5% VII. Publisher's Library Edition (Juvenile) Z 21.5% VIII. University Press Trade Editions (may be of any binding and include some spoken word audio) A 8.0 % IX. Text, Technical, Reference, Professional Medical, Small Press, some University Press titles (excluding University Press Trade Editions) and/or Titles of Limited Demand (may be of any binding and include some spoken word audio) S/X/N - (Text, Technical, or Reference Editions) L - (Hardcover Editions from Small Press and Hardcover Titles of Limited Demand -primarily Adult) 7 - (Hardcover Titles of Limited Demand -primarily Juvenile) M - (Paperback Editions from Small Press and Paperback Titles of Limited Demand -primarily Adult) 1 - (Paperback Titles of Limited Demand -primarily Juvenile) T/U/V/W/4/Letter 0 - (Specialty Textbooks) 5/6/8 - (Professional Medical Titles) S = 8.0 % X = 8.0 % N = 8.0 % L = 8.0% (b)(c) 7 = 46.5% (c) M = 8.0%(b)(c) 1 = 40.5% (c) T = 8.0 % U = 8.0 % V = 8.0 % W = 8.0 /o 4 = 8.0% Letter 0 = 8.0 % 5 = 8.0 % 6 = 8.0 % 8 = 8.0 % X. Imported English and Non-English Language Editions F/K/3 F = 0.0 % K / 3 = 8.0 % XI. Enhanced Service Program Y / Q Q = 8.0 % Y = 0.0 + $ 6.50/unit (d) XII. Spoken Word Audio H 45.5% XIII. Board Books I Hardcover = see Category II Paperback = see Category IV XIV. Novelty Items/Activity Books I Hardcover = see Category II Paperback = see Category IV XV. Special Programs, such as: - PawPrints Editions - Turtleback Editions - Playaway Audio Editions D E All Playaway Audio editions D = 10.0 % E = 10.0 % 20.0 % (a) Please see Attachment Category Definitions, which are attached hereto and incorporated herein by reference. Materials produced for TextStream print -on -demand services may fall into any category. (b) Represents publishers with limited sales volume, based upon a semi-annual review. These titles may be of any binding type or publisher of origin. (c) Represents individual titles which do not qualify for preferred stock status (based upon a quarterly review) and individual titles which qualify for preferred stock status, but have limited demand (calculated over a rolling 12 month period). These titles may be of any binding type or publisher of origin. (d) Titles where Baker & Taylor receives no discount from the publisher or prepayment is required by the publisher or publishers whose titles have limited demand and/or non-commercial publishers will be invoiced at list price plus $ 6.50 / unit. 1 of 3 (Continued on the following page) Music Audio / Video Material Discount from Manufacturer's Current List Price DVD / BluRay 28.5% Music Compact Discs 25.0 Playaway View 0.0 % List prices are manufacturers' suggested list prices, where available. Where no list price is supplied by the manufacturer, a list price will be assigned by Baker & Taylor. 2of3 Baker & Taylor Discount Information Also, please note that: • Publisher's list price is subject to change without notice. • Except where otherwise noted, book discounts are applied to current publisher's list price at the time of shipment. • Baker & Taylor reserves the sole right to be the final determinant of product categories, category definitions and price indicators. The discounts vary based on this determination. • Titles are categorized by Baker & Taylor for pricing purposes by considering the binding, general marketing categories, demand for certain titles, preferred stock status, cost of acquisition, cost of distribution, and the size or type of publisher, as well as factors related to relationships with publishers such as shipping terms, payment terms, publisher's discount, returnability to publishers and other factors. • Product categories, category definitions and price indicators are subject to change at Baker & Taylor's sole discretion, without notice, based upon the above-described factors for categorizing titles. • For domestic titles where no publisher list price is assigned by the publisher, Baker & Taylor will assign such titles a price in its electronic catalog which is based upon Baker & Taylor's estimate of market conditions. • For imported titles where no publisher list price is assigned by the publisher for the U.S. market, Baker & Taylor will assign such titles a U.S. dollar price in its electronic catalog which is based upon Baker & Taylor's estimate of market conditions. • For PawPrints editions, Baker & Taylor will assign such titles a price in its electronic catalog which is based upon Baker & Taylor's estimate of market conditions. • Titles of limited demand or from small or specialty publishers generally are included in Product Category IX or Product Category XI. • The discount terms and conditions in this Attachment B do not apply to Baker & Taylor's Approval Programs. • Baker & Taylor provides an invoice that identifies the publisher's current list price, the discount offered, and the exact price charged for each title ordered. 3 of Selected accounts utilize our Customized Library Services (CLS) division for customized cataloging/processing services. Per unit prices for these services are listed below. While these specific service packages are not included under 715-M2, we will be pleased to honor the per unit prices as listed. PRINT MATERIAL BAKER & TAYLOR/CLS reserves the right to adjust pricing if the Library's requirements change at any time. The following pricing is based upon the library's current terms. Should the library require additional services in collection development, cataloging, processing, reporting, storage, or shipment, BAKER & TAYLOR/CLS may adjust pricing accordingly. All items will be supplied by CLS unless otherwise noted: PRINT ONGOING COLLECTION SERVICES $3.50/UNIT INCLUDES: 1. BEST AVAILABLE OCLC RECORD 2. ITEM LINKING 3. PROJECT MANAGEMENT SUPPORT 4. MYLAR JACKETS 5. LABEL PROTECTORS 6. 3M THEFT DETECTION STRIPS 7. SPINE LABELS 8. BARCODE LABELS 9. BRANCH LABELS ADDITIONAL SERVICES AT THE LIBRARY'S REQUEST: SPOKEN WORD AUDIO STANDARD/DMP PROCESSING (ADDITIONAL) $2.35/$3.10 JUVENILE KITS CATALOGING AND PROCESSING (ADDITIONAL) $2.25/UNIT LAMINATE PAPERBACK COVERS (ADDITIONAL) $1.99/UNIT ORIGINAL CATALOGING $10.00/1I1LE LINK AND AFFIX CUSTOMER SUPPLIED RFID TAGS* (ADDITIONAL) $0.30/UNrr* *Baker & Taylor currently works with most RFID systems. Our tags operate at 13.56MHz, and are re-writeable, and fully compliant with ISO15693. If after compatibility testing B&T does not have the current software/hardware in place for the system chosen by the library, Baker & Taylor reserves the option to revise this pricing. In these instances customers should supply B&T unprogrammed RFID tags • OWNERSHIP TRANSFER AND INVOICING WILL OCCUR ON THE DATE CATALOGING AND PROCESSING IS COMPLETED AND THE MATERIALS ARE EITHER SHIPPED, OR PLACED IN STORAGE AT A BAKER & TAYLOR FACILHY. IF STORAGE IS REQUIRED, BAKER & TAYLOR WILL STORE THE MATERIALS IN A FULLY INSURED AND CLIMATE CONTROLLED FACILITY UNTIL THE DESIRED SHIPMENT DATES. INVOICES ARE MAILED TO THE LIBRARY AT THE TIME INVOICING OCCURS. • FOR THOSE RECORDS WHERE CATALOGING IS NOT AVAILABLE IN THE LIBRARY'S DATABASE OR B&T's CATALOGING UTILITY, CLS WILL PROVIDE AN ORIGINAL CATALOGING RECORD FOR $10.00/TITLE. TITLES REQUIRING ORIGINAL CATALOGING WILL BE PRICED SEPARATELY AT $10.00%1TTLE FOR THE FIRST COPY OF EVERY TITLE ORDERED. IF MULTIPLE COPIES OF A 111LE ARE ORDERED, THE $10.00 CHARGE WILL ONLY APPLY ONCE, HOWEVER, THE COMPREHENSIVE CATALOGING AND PROCESSING CHARGE WILL APPLY TO EACH UNIT INCLUDING THE INITIAL UNIT THAT RECEIVES THE $10.00 CHARGE. CUSTOMIZED LIBRARY SERVICES® 12550 WEST TYVOLA ROAD, SUITE 3001 CHARLOTTE, NC 282171 CLSINFO(iQ BAKER-TAYLOR_COM Category Definitions Adult Trade Hardcover Editions (0, C) (may include some spoken word audio materials) High demand materials from widely distributed publishers designed for the general consumer, usually dealing with a subject matter having broad mass appeal. These titles are typically released in hardback and can be either fiction or current non-fiction. Publisher promotional/media expenditures and print runs are customarily higher for these titles than for most others. Inventory is maintained with preferred stock status (regularly stocked in three to four major warehouses). An example of a trade edition would be: 14th Deadly Sin by James Patterson, ISBN: 9780316404021. II. Juvenile Trade Hardcover Editions (J) High demand, juvenile materials from widely distributed publishers designed for the general consumer, usually dealing with a subject matter having broad mass appeal. These titles are typically released in hardback and can be either fiction or current non-fiction. Publisher promotional/media expenditures and print runs are customarily higher for these titles than for most others. Inventory is maintained with preferred stock status (regularly stocked in three to four major warehouses). An example of a trade edition would be: Are You Ready to Play Outside by Mo Willems, ISBN: 9781423113478. III. Adult Quality Paperback Editions (B, C) High demand paperback materials from widely distributed publishers, other than the standard rack size paperback, typically found in bookstores and other retail outlets. Inventory is maintained with preferred stock status (regularly stocked in three to four major warehouses). An example of a quality paperback would be: The Boys in the Boat by Daniel Brown, ISBN 9780143125471. IV. Juvenile Quality Paperback Editions (G) High demand, juvenile paperback materials from widely distributed publishers, other than the standard rack size paperback, typically found in bookstores and other retail outlets. Inventory is maintained with preferred stock status (regularly stocked in three to four major warehouses). An example of a quality paperback would be: Tuck Everlasting by Natalie Babbitt, ISBN: 9780312369811. V. Mass Market Paperback Editions (P) A standard rack size paperback typically found in bookstores or other retail outlets. An example of a mass market paperback would be: The City of Ember by Jeanne Duprau, ISBN: 9780375822742. VI. Single Edition Reinforced (R) A high quality binding designed to provide a long shelf life in a heavy use environment. Although the binding is fanned and glued it may not be sewn, which is typically found in the publisher library edition. Subject content can include both fictional and non-fiction works appealing to juveniles as well as adults. These bindings are identified by the publisher to Baker & Taylor. An example of a single edition reinforced binding would be: Because of Winn Dixie by Kate DiCamillo, ISBN 9780763650070. VII. Publisher Library Editions (Z) Fiction as well as non-fiction materials appealing to both juveniles and adults, designed with the rugged durability required of the environment typically found in a library setting. Publisher Library Editions are traditionally of the highest quality, usually fanned, sewn and glued to provide the greatest possible shelf life of any binding. These bindings are identified by the publisher to Baker & Taylor. An example of a publisher library edition would be: Curious George Visits the Library by Margaret Rey, ISBN: 9781599614199. VIII. University Press Trade Editions (A)(may include some spoken word audio materials) This category would include any University Press Trade Editions, both adult and juvenile, and are subject to publisher reclassification. An example of a university press trade edition would be: Alexander McQueen: Savage Beauty by Andrew Bolton, ISBN: 9780300169782. IX. Text, Technical, Reference, Small Press, and/or Titles of Limited Demand (S, X, N, L, M, V, T, U, W, Letter 0, 1, 4, 5, 6, 7, 8) Category of materials includes, but is not limited to, text, technical, reference, professional medical, small press, and some university press titles (excluding University Press Trade Editions). It includes titles purchased from publishers on a non -returnable basis, those publishers that extend little discount to Baker & Taylor, and publishers whose titles have limited sales volume based upon a semi-annual review. It includes individual titles which do not qualify for preferred stock status (based upon a quarterly review) and individual titles which qualify for preferred stock status, but have limited demand (calculated over a rolling 12 month period). Additionally, any publisher which is not in compliance with some of Baker &Taylor's purchasing requirements could be in this category. Materials in this category are both adult and juvenile, may be of any binding and may include some spoken word audio materials. Examples within this category would be: The Merck Index ISBN: 9781849736701, Strategies That Work, ISBN: 9781571104816, Beauty and the East ISBN: 9781566563871, Generals of the Bulge: Leadership in the U.S. Army's Greatest Battle ISBN 9780811711999, Frankie Works the Night Shift, ISBN 9780060090951, and Floods, ISBN 9781624030031 X. Imported English and Non-English Language Editions (F,K,3) Titles produced and distributed outside of the domestic US. These titles may be of any binding type and represent various publishers. An example would be El Angel Caido by Nalini Singh, ISBN 9788490625224. XI. Enhanced Service Program Titles (Y/Q) This category includes materials where Baker & Taylor receives no discount from the publisher, or prepayment is required by the publisher, or publishers which have restrictions on returns, or books of small or non-commercial publishers with limited sales volume based upon a semi-annual review. Any publisher which is not in compliance with Baker &Taylor's purchasing requirements would be in this category. Materials in this category may be of any binding. These titles will receive no discount and are subject to a service charge. An example within this category would be: Business Income Coverage Guide ISBN: 9781941627532. XII. Spoken Word Audio (H) Materials designed for the general consumer, usually dealing with a subject matter having broad mass appeal. These titles can be either fiction or current non-fiction. An example of a spoken word audio edition would be: The Complete Sherlock Holmes by Sir Arthur Conan Doyle ISBN: 9781491542286. XIII. Board Books (I) Durable materials from widely distributed domestic publishers designed for young children; pages are manufactured of heavy gauge cardboard to prevent tearing. These editions typically feature few pages, simple themes and colorful illustrations or photographs. An example of a board book would be: Runaway Bunny by Margaret Wise Brown, ISBN: 9780061074295. XIV. Novelty Items/Activity Books (I) Specially packaged gift set or novelty item related to a book product or attached as an accessory to a book product. These items would include a book with toy, rag books, washable cloth books, books with accessories or kits, electronic sound books, sticker books, tracing books or coloring books. This category also includes any non -book merchandise such as model kits, hobby kits, flash cards or jigsaw puzzles. An example of an item in this category would be: Very Hungry Caterpillar Cookbook & Cookie Cutters Kit by Lara Starr, ISBN 9781452125527. XV. Special Programs (D and E as indicated in Attachment A) Programs, formats, or editions offered only by Baker & Taylor or not included in any other category. These programs include but may not be limited to PawPrints and Turtleback editions. Examples of items in this category would be: Clifford's Valentines Day by Norman Bridwell, ISBN 9781435201736 (PawPrints prebound edition) and Junie B. Jones is Captain Field Day by Barbara Park, ISBN 9780613337670 (Turtleback prebound edition) Attachment C: Insurance Requirement Insurance is not required for this supply agreement, item 5. Insurance on page 2 of 7 of this agreement is null. Attachment D: Warranty Requirements Supplier will supply new products under this supply agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-201427 Date Filed: 05/02/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Baker & Taylor, LLC Charlotte, NC United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Contract No. 1181 Library Books, Audio and Visual Recordings 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Sproat, Mark Westchester, IL United States X Henrichs, Timothy Westchester, IL United States X Griffith, Ray Westchester, IL United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. - -e / r -.--- t - } 1: J ( Sign ure of authoriz d agent of contractingjbusiness entity t-. Ser. I— , e` a`l1z ��%_Bf_e.y j,!/F-c,;L r _--,1,1fcri,. . AIH:?(,, )O' ARY Sy:MP / SEAL ABOVE r 1 it . So'mJ "and 'As'cribed before me by the said - . ` f') 1 , this the day of / / , 20 ;:,. , to certify which, witness my hand and seal of office. r ,,,,,:'./ Signatur of officer adminisfdring oath Printed name of officer administerin oath Title of officer administering oath f F6rms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of May 16, 2017 Second Reading for the City Council Meeting of May 23, 2017 DATE: April 17, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Street Closure of Airheart Point Road and a portion of Ocean Drive located east of Ocean Drive. CAPTION: Ordinance closing, abandoning, and vacating 0.737 Acre portion of a public right-of-way tract containing partially developed and surfaced street of Airheart Point Road and adjacent .071 and .017 acre portions of the existing right-of-way adjacent to Ocean Drive, as shown on the Plat of Alta -Vista on the Bay, a map of which is recorded in Volume 1, Page 22, Map Records of Nueces County, Texas, and requiring the abutting owners (Matthew A Comay, Sandra McKinnon and George and Gippie Hawn), to comply with specified conditions. PURPOSE: The purpose of this item is to close, abandon and vacate a 0.737 Acre portion of a public right of way tract containing partially developed and surfaced street of Airheart Point Road, and adjacent - portion of the existing right-of-way adjacent to Ocean Drive. BACKGROUND AND FINDINGS: Matthew A Comay, Sandra McKinnon and George and Gippie Hawn (abutting owners) are requesting the closing, abandoning and vacating a 0.737 Acre portion of a public right of way tract containing partially developed and surfaced street of Airheart Point Road, and adjacent -portion of the existing right-of-way adjacent to Ocean Drive, as shown on the Plat of Alta -Vista on the Bay, a map of which is recorded in Volume 1, Page 22, Map Records of Nueces County, Texas. City Code, Sec. 49-12, (c) requires fair market value. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Several of the City departments and franchised utility companies have facilities within the public street right-of-way; however, the City departments and franchised utility companies have no objections regarding the proposed public right-of-way abandonment as long as the City retains a utility easement over the abandoned and vacated area. FINANCIAL IMPACT: ❑ Operating • Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item One Time Payment $54,733.00 $54,733.00 BALANCE $54,733.00 $54,733.00 Fund(s): Comments: One Time payment of $54,733.00. RECOMMENDATION: Staff recommends approval of the ordinance. Owners must comply with the following conditions: a. A utility easement is retained over the entire vacated area in favor of City departments and franchised utility companies. b. An access easement is retained over the entire vacated area in favor of the City. c. The maintenance responsibilities, including mowing, for the abandoned and vacated area reverts to the abutting owners. d. Payment of the fair market value be made in the amount of $54,733.00 per the City Code of Ordinances, Sec. 49-12, (c)(4). Failure to comply with this condition within 180 calendar days will hereby make this Ordinance null and void e. Upon approval by the City Council and issuance of the ordinance, all grants of right of way vacation 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 properties are located, with a copy of the recording provided to the City. Failure to comply with this condition within 180 calendar days will hereby make this Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance closing, abandoning, and vacating 0.737 Acre portion of a public right- of-way tract containing partially developed and surfaced street of Airheart Point Road and adjacent .071 and .017 acre portions of the existing right-of-way adjacent to Ocean Drive, as shown on the Plat of Alta -Vista on the Bay, a map of which is recorded in Volume 1, Page 22, Map Records of Nueces County, Texas, and requiring the abutting owners (Matthew A Comay, Sandra McKinnon and George and Gippie Hawn), to comply with specified conditions. WHEREAS, Matthew A Comay, Sandra McKinnon and George and Gippie Hawn ("the abutting owners") have requested the abandonment and vacation of a partially developed and surfaced street of 0.737 Acre Tract, being Airheart Point Road and adjacent .071 and .017 acre portions of the existing right-of-way adjacent to Ocean Drive, as shown on the Plat of Alta -Vista on the Bay, a map of which is recorded in Volume 1, Page 22, Map Records of Nueces County, Texas. WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, May 16, 2017, during a meeting of the City Council, during which all interested parties and citizens could appear and be heard. WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the partially developed and surfaced street of 0.737 Acre Tract, being Airheart Point Road and adjacent .071 and .017 acre portions of the existing right-of-way adjacent to Ocean Drive, as shown on the Plat of Alta -Vista on the Bay, a map of which is recorded in Volume 1, Page 22, Map Records of Nueces County, Texas, subject to compliance by the abutting owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to Article X, §1(a) (11) of the City Charter and Section 49-12 of the Corpus Christi Code of Ordinances, the 0.737 Acre portion of a public right-of-way tract containing partially developed and surfaced street of Airheart Point Road and adjacent .071 and .017 acre portions of the existing right-of-way adjacent to Ocean Drive, as shown on the Plat of Alta -Vista on the Bay, a map of which is recorded in Volume 1, Page 22, Map Records of Nueces County, Texas is closed, abandoned and vacated by the City of Corpus Christi ("City"), subject to the abutting owners' compliance with the conditions specified in Section 2 and retained utility easements specified in Section 3 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is the graphical representation for the metes and bounds description and Exhibit "C," which is the location map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The closure, abandonment, and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the adjacent Owners' compliance with the following requirements: a. A utility easement is retained over the entire vacated area in favor of City departments and franchised utility companies. b. An access easement is retained over the entire vacated area in favor of the City c. The maintenance responsibilities, including mowing, for the abandoned and vacated area reverts to the abutting owners. d. Payment of the fair market value be made in the amount of $54,733.00 per the City Code of Ordinances, Sec. 49-12, (c)(4). Failure to comply with this condition within 180 calendar days will hereby make this Ordinance null and void e. Upon approval by the City Council and issuance of the ordinance, all grants of right of way vacation 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 properties are located, with a copy of the recording provided to the City. Failure to comply with this condition within 180 calendar days will hereby make this Ordinance null and void. SECTION 3. The closure, abandonment, and vacation of the right of way does not close, abandon, or vacate the City's utility easements. This ordinance retains utility and access easement over the entire vacated area in favor of City departments and franchised utility companies. Utility Easement specifically includes: a. 0.737 Acre Right -of -Way of Airheart Point Road to be closed and retained as a Storm Water easement with access to existing improvements; b. 0.22 Acre of existing northeast Right -of -Way adjacent to Ocean Drive to be closed and retained as a utility easement with access to existing gas line located in the utility easement. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor EXHIBIT "A" 0.825 Acre Tract STATE OF TEXAS COUNTY OF NUECES Job No. 29172B600 June 23, 2016 Revised: April 4, 2017 Fieldnotes, for a 0.825 Acre Tract, being a portion of the existing Northeast Right -of -Way of Ocean Drive, a public roadway, all of Airheart Road, and portions of Lots 6, 7, 8, 9, as shown on the Plat of Alta -Vista on the Bay, a map of which is recorded in Volume 1, Page 22, of the Map Records of Nueces County, Texas, the said 0.825 Acre Tact being more fully described as follows: Beginning, at a 5/8 Inch Iron Rod Found, on the apparent Northeast Right -of -Way line of the said Ocean Drive, being the South corner of the said Lot 7, the West corner of Lot 8, of the said Alta -Vista on the Bay, the West corner of Lot 8, of the said Alta -Vista on the Bay, for a corner of this Tract; Thence, South 33°05'47" East, with the Southwest line of the said Lot 8, and Lot 9, of the said Alta -Vista on the Bay, 100.13 Feet, to an "X" Cut in concrete Found, being the South corner of the said Lot 9, the West corner of the said Airheart Road, for an inner ell corner of this Tract; Thence, North 58°39'01" East, with Southeast line of the said Lot 9, and the Northwest Right -of -Way line of the said Airheart Road, at 284.00 Feet, pass an "X" Cut in concrete Set, in all a distance of 286.55 Feet, to the South corner of a 0.092 Acre Easement, described in an Amendment of Easement, recorded in Document Number 655290, of the Official Public Records of Nueces County, Texas, being the East corner of the said Lot 9, for the North corner of this Tract; Thence, South 48°14'44" East, 96.21 Feet, to the North corner of a 3.0117 Acre Tract described in a Special Warranty Deed from Michael D. McKinnon, to Sandra E. McKinnon, recorded in Document Number 2002032463, of the said Official Public Records, for the East corner of this Tract; Thence, South 60°02'12" West, with the Northwest line of the said 3.0117 Acre Tract, and the Southeast Right -of -Way line of the said Airheart Road, 312.04 Feet, to a 5/8 Inch Iron Rod Found, on the apparent Northeast Right -of -Way line of the said Ocean Drive, for the common corner of the said Airheart Road, the said 3.0117 Acre Tract, and this Tract; Thence, South 32°43'43" East, with the common line of the said apparent Northeast Right - of -Way line of Ocean Drive and the said 3.0117 Acre Tract, 3.48 Feet, to an outer ell corner of this Tract; S:\Surveying1291721B6001OFFICEIMETES AND BOUNDSIFN_29172B600.docx Page 1 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Thence, South 60°00'40" West, with the said common line, 86.61 Feet, to a 5/8 Inch Iron Rod Found, being the West comer of the said 3.0117 Acre Tract, for the South corner of this Tract and for the beginning of a non -tangent curve to the Left, having a delta of 22°20'42", a Radius of 765.00 Feet, an arc length of 298.34 Feet, and a chord which bears North 16°07'39" West, 296.46 Feet; Thence, with the said non -tangent curve to the Left, 298.34 Feet, for the said Northeast Right -of -Way line, the West corner of Lot 6, of the said Alta -Vista on the Bay, from whence a 5/8 Inch Iron Rod Found, bears South 58°49'46" West, 5.05 Feet; Thence, South 33°05'47" East, 100.09 Feet, to the Point of Beginning, containing 0.825 Acres (35,959 SqFt) of Land, more or less. Grid Bearings and Distances described herein 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. The purpose of this description is for a Right -of -Way Closure, and a State Shoreline Boundary was not performed or determined. Also reference accompanying sketch of Tract described herein. U AN ENG E G James D. Carr, R.P.L.S. License No. 6458 S:\Surveying1291721B6001OFFICE\METES AND BOUNDS\FN 29172B600.docx Page 2 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www,urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Note: The purpose of this Survey is for a Right—of—Way Closure, and a State Shoreline Boundary was not performed or determined. 05 0.66 Acre Tract '41, ✓,!i Surveyed by Naismith Engineering, Inc. November 10, 2005 , � George S. Hawn and .0.PR.N.C.T. 60�' '�' 1act3 /728.8 Sq. Feet 0.017 Acres 0.825 Acres 35,959 Sq. F£. (Tracts 1-3) CL /Tract 2 3103.6 Sq. Ft. . 0.071 Acres Matthew A. Comay ay Doc. No. 2005037106 0.PR.N.C.T. •459 °1 � S3743'43"E Legend • 5/8" Iron Rod Found x "X" Mark Found • "X" Mark Set 0.605 Acre Right—of—Way (Airheart Point Road) to be Closed and retained as a Stormwater Easement with Access to existing Stormwater Improvements. 11111 Exisiting Northeast Right—of—Way of Ocean Drive to be Closed and retained as a Utility Easement. REV: AprII 20, 2017 DATE: Jud 8, .2016 SCALE: 1 =60 JOB NO.: 29172.B600 SHEET: 1 of 2 DRAWN BY: RLG 3.48'(S 32°51'14" E Tv 3.34') oQ� pc 3.0117 Acres Doc. No. 2002032463 0.PR.N.C.T. Sandra E. McKinnon EXHIBIT 713" Sketch to Accompany FIELDNOTES, for a 0.825 Acre Tract, being a portion of the existing Northeast Right—of—Way of Ocean Drive, a public roadway, all of Airheart Point Road, and portions of Lots 6, 7, 8, 9, as shown on the Plat of Alta—Vista on the Bay, a map of which is recorded in Volume 1, Page 22, of the Map Records of Nueces County, Texas. 60' 30' 0' 60' GRAPHIC SCALE 1"=60' URBAN ENGINEERING 1BPE FIRM NO. 145, 1BPLS MRN NO. 10032400 2725 SWANINER DR, CORPUS CHRISM, 1X 78404 PHONE 361.854.3101 wWW°URBANENG.CON 02016 by Urban Engineering urbansurveylOurbaneng.cam IOW EXHIBIT "C" Site Map to Accompany FIELDNOTES, for a 0.825 Acre Tract, being a portion of the existing Northeast Right—of—Way of Ocean Drive, a public roadway, all of Airheart Road, and portions of Lots 6, 7, 8, 9, as shown on the Plat of Alta—Vista on the Bay, a map of which is recorded in Volume 1, Page 22, of the Map Records of Nueces County, Texas URBAN ENGINEERING REV: April 4, 2017 DATE: July 8, 2016 SCALE: 1 =60' MRS FIRM Na. ,ao32+DD JOB NO.: 29172.6600 CORPUS(„,' SHEET: 2 of 2 DRAWN BY: RLG 0 2016 by Urban Engineering urbansurveylOurbaneng.com 18PE FIRM NO. 145. 2725 SWANINER DR, CHR158. TX PHONE: 381.854.3101 AERIAL OVERVIEW AIRHEART POINT op),, ,k �j91YtIJLL< i IIii.110 7J'P.7, rill] L13 1�. 15�' • Tna�ll�j AERIAL MAP AIRHEART POINT 1 N AGENDA MEMORANDUM First Reading of Ordinance for the City Council Meeting of May 16, 2017 Second Reading of Ordinance for the City Council Meeting of May 23, 2017 DATE: April 28, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha©cctexas.com (361) 826-3932 2017 Local Emergency Planning Committee Grant throughTexas Commission on Environmental Quality (TCEQ) Grant in the Amount of $92,662.80 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant to the City of Corpus Christi/Nueces County Local Emergency Planning Committee (LEPC) in the amount of $92,662.80 from the Texas Commission on Environmental Quality (TCEQ) for reimbursement of expenses for Purchase of a Hazmat ID Detection Device for the Corpus Christi Fire Department, Update First Responder Service Areas in Nueces County, and City of Bishop Dispatch and EOC Enhancement Project; and appropriating the $92,662.80 in the No. 1062 Fire Grants Fund. PURPOSE: The Texas Commission on Environmental Quality (TCEQ) has informed the City of Corpus Christi/Nueces County Local Emergency Planning Committee that it has been awarded a grant in the amount of $92,662.80 for the following projects. Purchase of a Hazmat ID Detection Device for the Corpus Christi Fire Department. The Hazmat ID is a handheld detection device that analyzes unknown samples of liquid or solid materials. Its size and weight allows firefighters to access difficult locations. It also allows sampling of most materials with no contact by the firefighter, therefore increasing safety to first responders. City of Bishop Dispatch and EOC Enhancement Project. This project will modernize and standardize the current communication system in Bishop by purchasing a 911 phone/computer software system. The upgraded system will enhance rapid dispatch of first responders in the area. Update First Responder Service Areas in Nueces County. A consultant will be hired to review Emergency Service Numbers (first responder service areas) in Nueces County. This data informs 911 dispatchers which first responders should be sent to an emergency call. The Industrial District and Port of Corpus Christi emergency service areas will also be identified to enhance responses during a hazmat situation. This update is needed due to the growth of population and industry. BACKGROUND AND FINDINGS: None ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $92,662.80 $92,662.80 BALANCE $92,662.80 $92,662.80 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the grant and appropriate the funds in the amount of $92,662.80 LIST OF SUPPORTING DOCUMENTS: 1) Ordinance 2) Contract Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant to the City of Corpus Christi/Nueces County Local Emergency Planning Committee (LEPC) in the amount of $92,662.80 from the Texas Commission on Environmental Quality (TCEQ) for reimbursement of expenses for Purchase of a Hazmat ID Detection Device for the Corpus Christi Fire Department, Update First Responder Service Areas in Nueces County, and City of Bishop Dispatch and EOC Enhancement Project; and appropriating the $92,662.80 in the No. 1062 Fire 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 to the City of Corpus Christi/Nueces County Local Emergency Planning Committee (LEPC) in the amount of $92,662.80 from the Texas Commission on Environmental Quality (TCEQ) for reimbursement of expenses for Purchase of a Hazmat ID Detection Device for the Corpus Christi Fire Department, Update First Responder Service Areas in Nueces County, and City of Bishop Dispatch and EOC Enhancement Project. SECTION 2. That $92,662.80 is appropriated in the No. 1062 Fire Grants Fund 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Texas Commission on Environmental Quality (TCEQ) Local Emergency Planning Committee (LEPC) Grant Program CONTRACT SIGNATURE PAGE Contract Name: Nueces County LEPC Contract Number: 582-17-71553 Performing Party: City of Corpus Christi - Local Emergency Planning Committee (LEPC) Performing Party Identification Number: 17460005741 Maximum Authorized Reimbursement: $92,662.8o Effective Date: ❑ ® Date of last signature Expiration Date: ® 12/31/2017 ❑ Last day of Fiscal Year in which the Contract was signed ❑ If checked, this Contract requires matching funds. Match Requirement: ❑ If checked, this Contract is funded with federal funds. CFDA Number: Federal Grant Number: This Contract is entered under: ❑ Gov't Code ch. 77i ❑ Gov't Code ch. 791 ® Water Code § 5.124 The Texas Commission on Environmental Quality (TCEQ), an agency of the State of Texas, and the named Performing Party, agree as follows: (a) to be effective, the Contract must be signed by an authorized official of the TCEQ and the Performing Party; (b) this Contract consists of all documents specified in the list of Contract Documents following this page; and (c) TCEQ will reimburse Allowable Costs subject to the Texas Uniform Grant Management Standards (UGMS) and this Contract. City of Corpus Christi - Local Emergency TCEQ Planning Committee (LEPC) By: By; Authorized Signature Authorized Signature Kelly Cook Apr3ie c. ROSS Printed Name Printed Name Director. Critical Infrastructure Division 1-e y e Y Title Title Date Date Procurements & Contracts Representative Arthur L. French. CTCM. CTPM Printed Name Date TEXAS COMMISSION ON Page 1 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 CONTRACT DOCUMENTS LIST This Contract between TCEQ and the Performing Party consists of the Contract Documents listed on this page. Documents on this list include all amendments. In the event of a conflict of terms, the Contract Documents as amended control in the descending order of the list, subject to provisions in the Special Terms and Conditions, if any. All Contract provisions, however, are subject to control by the latest amendment and most specific provision and by the applicable state and federal laws, rules and regulations. • Contract Signature Page • Contract Documents List (this page) • Special Terms and Conditions • Scope of Work (Includes Cost Budget) • General Terms and Conditions • Notices, Project Representatives and Records Locations • TCEQ — Approved Grant Application (incorporated by reference) • Attachment A — Financial Status Report (FSR) • Attachment B — Release of Claims • Attachment C — Budget Revision Request (BRR) • Attachment D — Performing Party Performance Evaluation TEXAS COMMISSION ON Page 2 of 3t Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT* 582-17-71553 Special Terms and Conditions TEXAS COMMISSION ON Page 3 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 SPECIAL TERMS AND CONDITIONS ARTICLE 1. SPECIAL CONDITIONS The Performing Party agrees to these Special Conditions. ARTICLE 2. DEFINITIONS Unless defined herein, terms in this Agreement will have their plain meaning. The following terms have the meanings indicated. 2.1 Approved Grant Application- The grant application submitted by the Performing Party listing the requested grant activities proposed for grant funding, including any amendments or supplemental conditions added to the application. The Application is used to develop the Scope of Work of this contract. In case of conflict between the application and the Scope of Work, the Scope of Work will take precedence. 2.2 Approved Grant Application Summary- The contract document listing the Grant Activities from the Approved Grant Application that have been approved for funding, also referred to in this contract as the Scope of Work. 2.3 Financial Status Report (FSR) — Form and supporting documentation tracking overall budget compliance and documenting expenditure of grant funds. Term may be used interchangeable with Request for Reimbursement for projects where funds have been advanced to the Performing Party. 2.4 Grant Activities — activities the Performing Party has agreed to perform under this contract that are detailed in the Scope of Work. 2.5 Request for Reimbursement (RFR) — Forms and documentation required to be submitted in order to receive reimbursement for allowable costs incurred and paid by the Performing Party, also referred to in this contract as an "invoice". For grants where advance payments have been provided, this term is synonymous with Financial Status Report. ARTICLE 3. PERFORMING PARTY'S CERTIFICATIONS. By signing this Contract, the Performing Party certifies that the following are true and acknowledges that the Contract may be terminated and payment may be withheld if these certifications are inaccurate. Performing Party agrees to give prompt written notice to the TCEQ if there is any material change in these representations or certifications." a. Debt to State. The Performing Party is not indebted to the state and does not have an outstanding tax delinquency. The Performing Party understands that the Texas Comptroller is precluded by state law from paying any person who is indebted to the state or has a tax delinquency. The Performing Party must comply with all state and federal tax laws and fee requirements and is solely responsible for filing all required state and federal tax and fee forms. b. Child Support Payments. The Performing Party is neither an individual nor a business organization with an ownership interest of at least 2596 by an individual who is in arrears on child support payments. Under Texas Family Code Section 231.006 (relating to child support), the Performing Party certifies that the individual or business entity named in this contract is not ineligible to receive the specified grant and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. If the Performing Party is subject to § 231.006, prior to signing this Contract, Performing Party must provide TCEQ the names and Social Security numbers of each person with at least 25% ownership of the Performing Party. c. Nondiscrimination. The Performing Party will comply with all state and federal statutes relating to nondiscrimination. d. Grant Administration. The Performing Party will maintain an appropriate grant management administration system to ensure that all terms, conditions, and specifications of the Contract, including these certifications and assurances, are met. TEXAS COMMISSION ON Page 4 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 e. Contracting with a Current or Former Executive Head of a State Agency. The Performing Party certifies that it complies with Texas Government Code Section 669.003, relating to contracting with a current or former executive head of a state agency. Performing Party represents that no person who is serving or in the past four years served as an executive head of the TCEQ or any other state agency was involved with or has any interest in this Contract, including being an employee of the Performing Party. If the Performing Party employs or has used the services of a current or former executive head of TCEQ or other state agency, the Performing Party will provide the following information to TCEQ prior to executing this Contract: Name of Former Executive, Name of State Agency, Date of Separation from State Agency, Position with Performing Party, and Date of Employment with Performing Party. f. Suspension, Debarment, and Terrorism. The Performing Party certifies that it and its principals are eligible to participate in this Contract and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity, and that the Performing Party is in compliance with the State of Texas statutes and rules relating to procurement, and that the Performing Party is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Hurricane Katrina and Other Natural Disasters. Under Section 2155.006(b) of the Texas Government Code, a state agency may not award a grant that includes proposed financial participation by a person who, during the five-year period preceding the date of the award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Texas Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, Hurricane Katrina, or any other disaster occurring after September 24, 2005. Under Section 21'c.006, Government Code, the vendor certifies that the Performing Party is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. g. h. Texas Government Code Chapter 573. Performing Party must comply with Texas Government Code Chapter 573, by ensuring that no officer, employee, or member of the Performing Party's governing body or of the Performing Party's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. ARTICLE 4. ADVANCE PAYMENT 4.1 The TCEQ may provide the funds in advance of the Performing Party's incurring anticipated costs of Contract Activities. 4.2 By paying advance payments the TCEQ does not waive any requirements for the reimbursement of costs. The TCEQ may at any time before or after any advance payment request additional evidence concerning costs. The TCEQ may audit the records of the Performing Party and may also audit the Performing Party's performance as to any Contract activity and any other Contract requirement. 4.3 Advance Payments are conditioned on the approval of a Financial Status Report (FSR). If the FSR does not demonstrate Performing Party has complied with the Contract requirements, the TCEQ may withhold approval or reject the FSR. 4.4 If the Performing Party falls behind in the schedule of the Grant Activities or fails to utilize the amount of any Advance Payment, the TCEQ may reduce the amount of the next Advance Payment by a comparable sum or require the return of previously advanced funds. 4.5 All advanced funds must be expended by December 31, 2017. Upon submission and approval of the final FSR, any remaining unobligated Advance Payment must be returned to the TCEQ by February 15, 2018, unless retention of funds is authorized by the TCEQ. Upon written notice by the TCEQ, any unspent TEXAS COMMISSION ON Page 5 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 Advance Payment must be returned to the TCEQ within the TCEQ's 3o day notice to the Performing Party. ARTICLE S. ELIGIBILITY FOR COST REIMBURSEMENT 5.1. The TCEQ will reimburse the Performing Party for those costs which are eligible for reimbursement in accordance with all requirements of this Contract. Costs are considered eligible for reimbursement when the TCEQ, in its sole discretion, determines that the costs are the reasonable, necessary, actual, and allowable costs of implementing the Grant Activities approved by the TCEQ. Costs must be included in the Scope of Work to be eligible for reimbursement. Determinations of eligibility for reimbursement are solely within the discretion of the TCEQ. Procurement 5.2. The requirements of the Texas Uniform Grants Management Standards (UGMS), Part III. State Uniform Administrative Requirements for Grants, Subpart C, Post -Award Requirements .36 Procurement, will apply within the discretion of the TCEQ. Reasonable Costs 5.3. To be reimbursable, a cost must be reasonable. Criteria for determining reasonableness of costs include the following: 5.3.1. Whether it is the type of cost generally recognized as ordinary and necessary for the conduct of the Performing Party's business or the performance of the Grant Activities; 5.3.2. Generally accepted sound business practices, competitive procurement, arm's length bargaining, and Federal and State laws and regulations; 5.3.3. The Performing Party's responsibilities to the TCEQ, other customers, the owners of the business, employees, and the public at large; and 5.3.4. Any significant deviations from accepted industry -established practices. 5.4. In general, for the cost of the Performing Party's goods and services to be reasonable, they must be procured through a competitive process in which bids, quotes, or proposals are solicited from an adequate number of qualified suppliers. Where competition is not feasible, UGMS .36 permits non- competitive procurement. For non -competitively procured items, the reasonableness of the Performing Party's costs must be established through a price analysis, which the Performing Party shall submit to the TCEQ upon request. A price analysis analyzes a vendor's price in comparison to other market prices for similar goods and services. A price analysis should compare at least three vendors' prices. For non- competitively procured items, the Performing Party must perform a cost analysis analyzing the vendor's costs to produce the goods & services, which the Performing Party shall submit to the TCEQ upon request. Necessary Costs 5.5. Necessary costs include costs which are directly attributable to the implementation of the Grant Activities and must be included in the original application and the Scope of Work. Actual Costs 5.6. The criteria for actual costs include: 5.6.1. the direct costs paid for implementing the Grant Activities; or 5.6.2. the true price charged by a vendor/contractor to the Performing Party for implementing the Grant Activities. 5.7. Unless expressly authorized by the TCEQ, actual costs do not include: 5.7.1. amounts which the Performing Party owes or agrees to pay the vendor or contractor for any purpose other than the implementation of Grant Activities; 5.7.2. amounts in the charges which the vendor/contractor intends to return to the Performing Party in the form of cash, goods, services, gifts, intangibles, discounts or any other items of value; and 5.7.3. amounts which are reimbursed by other public sources or for which tax credits or other public financial incentives are received by the Performing Party. 5.8. The Performing Party's and its subcontractors' documentation of expenses is required under the General Conditions. Allowable Costs TEXAS COMMISSION ON Page 6 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 5.9. In order to be allowable, costs must be included in the Scope of Work, and must satisfy the requirements of: this Contract, the UGMS, state agency rules, and all applicable state and federal laws. 5.10. If travel costs are authorized in the Scope of Work, reimbursement of travel costs may not exceed the amounts explained in this section. 5.10.1. Reimbursement for lodging and meals within the State of Texas is to be equal to the rates allowed for state employees under the State of Texas Travel Allowance Guide. 5.10.2. Reimbursement for lodging and meals when traveling outside of the State of Texas is to be equal to the rates allowed for state employees under the State of Texas Travel Allowance Guide and may not exceed the maximum established in the federal General Services Administration travel regulations. 5.10.3. Mileage reimbursement rates are also established in the State of Texas Travel Allowance Guide. 5.10.4. Expenses for lodging and meals are limited to only actual expenses and must be supported by receipts to be reimbursable. Indirect Costs 5.11. Indirect costs are not reimbursable under the terms of this Contract. Preapproval of Costs 5.12. If the specific details of costs to be incurred under the "Travel," "Equipment," "Contractual," or "Other" costs categories are not already explained in the Scope of Work, then prior to incurring those costs, the Performing Party must submit revised forms to show those details and receive authorization from the TCEQ for those expenses. 5.13. Upon TCEQ request, prior to signing a subcontract to be funded under this Contract, the Performing Party must submit the subcontract to the TCEQ for review and must receive approval from the TCEQ before entering into the subcontract. Additional Evidence 5.14. The TCEQ may at any time before or after receiving invoices, as necessary in its sole discretion, request additional evidence concerning costs. Additional Criteria for Reimbursement 5.15. The TCEQ may at any time, in its sole discretion, establish additional criteria and requirements for reimbursement of costs as serves the best interest of the State. Costs in Scope of Work are Maximum Amounts, Not a Guarantee 5.16. Amounts of costs stated in the Scope of Work are maximum amounts of reimbursement. By stating the amounts, the TCEQ does not 1) guarantee payment of those amounts or 2) waive the requirements for invoicing which must subsequently and continually be satisfied by the Performing Party. The amount of costs for which invoices may be submitted is the lesser of: 1) the costs stated in the Scope of Work or 2) the actual eligible costs. No Entitlement to Funds 5.17. The Performing Party has a continuing obligation to satisfy the requirements for reimbursement. Neither a request for reimbursement nor the TCEQ's payment of reimbursement nor any other action will establish an entitlement in the Performing Party to payment from the TCEQ. 5.18. By paying a request for reimbursement or advancing funds, the TCEQ does not waive any requirements for the reimbursement of costs. The TCEQ may at any time before or after reimbursement, in its sole discretion, request additional evidence concerning costs. The TCEQ may audit the records of the Performing Party and may also audit the Performing Party's performance as to the Grant Activities, and the Administrative Requirements. Offsets for debts owed to the State 5.19. The TCEQ may offset against reimbursement payments, any amounts owed by the Performing Party or its principals to the TCEQ, the State of Texas, or for child support. TEXAS COMMISSION ON Page 7 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 ARTICLE 6. REQUEST FOR REIMBURSEMENT 6.1. In order to receive reimbursement for eligible expenses and document expenditure of advanced funds, the Performing Party shall submit monthly, a completed TCEQ Request for Reimbursement (RFR) form, to be made available to the Performing Party by the TCEQ. The RFR shall be submitted no later than 15 days after the end of the following month. Each RFR shall be accompanied by a properly completed FSR for each activity for which reimbursement is requested. For a RFR solely documenting expenditure of advanced funds and not requesting payment, only submission of an FSR is necessary. The request and forms shall be mailed or delivered to: Texas Commission on Environmental Quality ATTN: Deanna Sivek Critical Infrastructure Division, MC -1T7 Texas LEPC Grant Program PO Box 13087 Austin, TX 78711-3087 6.2 Performing Party may submit requests and forms electronically via email. The scanned copies of the request, forms, and Supporting Documents in pdf format shall be emailed to LEPCGRANTS@tceq.texas.gov 6.3. All RFR's shall be completed on forms provided by the TCEQ. The report shall also list and explain any additional financial incentive received by the Performing Party that directly offsets the activity costs reported by the PERFORMING PARTY, including tax credits or deductions, other grants, or any other public financial assistance. 6.4. If not previously required to be submitted prior to execution of this Contract, a properly completed Texas Application for Payee Identification Number must be completed and submitted with the first invoice, or prior to request for advanced funds. 6.5. A final RFR, indicating in the appropriate box that it is the final request, shall be submitted to the TCEQ by no later than forty-five (45) days after the date listed in Article 4.5 of the Special Terms of this Contract. 6.6. All RFR's shall contain sufficient identification of and information concerning the costs incurred and paid so as to enable the TCEQ to ascertain the eligibility of a particular cost and to enable subsequent audit thereof. Supporting documentation materials, as directed by the TCEQ in the instructions accompanying the forms, shall be attached to the report forms to clearly show that the cost was incurred and paid. 6.7. If an RFR does not satisfactorily demonstrate the accomplishment of the required tasks, or that costs are allowable, eligible, actual, and incurred and paid costs, the TCEQ may reject the RFR, or FSR in the case of advanced funds, until such time as the deficiencies have been corrected. Satisfactory accomplishment of a task is within the judgment of the TCEQ; however, such judgment must be reasonable. 6.8. The TCEQ is not obligated to make payment until the RFR is approved by the TCEQ. Further, the TCEQ reserves the right to suspend or withhold all or part of a payment or all payments as authorized by the Contract. 6.g. All RFR's under this Contract shall be submitted in accordance with the requirements set forth in this Contract. Such submittals shall contain sufficient detail for audit thereof. 6.10. The TCEQ may at any time before or after approval of the RFR or FSR, as necessary in its sole discretion, request additional evidence concerning costs. 6.11. The reimbursement of funds is contingent upon the Performing Party's satisfactory adherence to the terms of this Contract. Failure to adhere to the terms of this Contract, in particular those requirements concerning progress and financial reporting or the documentation of reported expenditures, shall be grounds for the TCEQ to: suspend payments pending the Performing Party's satisfactory completion, revision, or correction of services or reports; request return of unexpended advanced funds; or for termination of this Contract in accordance with the General Conditions and for such other remedies as are allowed by law. TEXAS COMMISSION ON Page 8 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 6.12. Required Forms: The Performing Party, and any subcontractor or subrecipient if any, in order to obtain reimbursement for those expenditures authorized under this Contract, shall submit, pursuant to the Grant Activities, a fully completed and legible: 6.12.1. Progress Report; 6.12.2. Reimbursement Forms, including an FSR; 6.12.3. Supplemental Request for Reimbursement Forms) for those budget categories with expenses; and 6.12.4. Release of Claims (the PERFORMING PARTY only and only with final RFR). Reimbursement Forms 6.13. Request for Reimbursement: Each filed TCEQ RFR shall contain sufficient identification of, and information concerning, the costs incurred so as to enable the TCEQ to ascertain the eligibility of a particular expenditure and to enable subsequent audit thereof. Each RFR shall indicate, for each budget category the Performing Party's project expenditures for the period in question, the cumulative expenditures with respect to each budget category, and the balance remaining in each budget category following reimbursement of the amount being requested. 6.14. Historically Underutilized Business (HUB): The Performing Party will use its best efforts to provide opportunities for HUBs to participate in subcontracting under this Contract. The Performing Party must notify the TCEQ of the steps it has taken to provide opportunities for HUBs to participate, and the extent to which HUBs are being utilized as subcontractors under this Contract. 6.15. Required Documentation: When the Performing Party is required to attach source documentation for a reimbursable cost that documentation shall: 6.15.1. be legible; 6.15.2. identify the specific equipment received or the services provided; 6.15.3. clearly identify the vendor or subcontractor who provided the equipment or services (the Performing Party shall require all subcontractors to use the Financial Status Report forms and Request for Reimbursement forms to file for reimbursement of services and equipment); and 6.15.4. confirm the reimbursable amount listed on the form. The documentation shall consist of a dated invoice that shows the amount billed to the Performing Party, any "past due" amount from previous invoices, and explanation of services provided. The Performing Party or subcontractor must provide any other documentation requested by the TCEQ. Although canceled checks represent the preferred types of documentation for purposes of this section, the Performing Party or subcontractor may substitute/attach other records or documents that provide the same type of information, such as issued purchase orders and/or invoices marked "received/paid", or other evidence of payment. The Performing Party or subcontractor shall not intentionally break up single orders of identical or similar items, materials, or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the TCEQ. 6.16. Vendor or Subgrantee Services Not Procured Using Price Competition: Information detailing the expenses incurred shall be submitted along with an explanation of the services provided. For any expenses (goods or services) which are not procured using price competition, the Performing Party must perform a price or cost analysis to determine the reasonableness of the price and maintain documentation of such analysis which shall be produced to the TCEQ upon request. 6.17. All requests for reimbursement of expenditures that fall within either the Personnel/Salary categories of the Scope of Work, if authorized and included, shall be itemized by the Performing Party or subcontractor. 6.17.1. Personnel/Salary: No supporting documentation is required to be attached invoice with respect to reported "Personnel/Salary" expenditures on the invoice. The Performing Party or subcontractor is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to this Contract. 6.18. Travel: If employee travel costs are authorized and included in the Scope of Work, all costs listed in the invoices must be documented with information that identifies the name of the traveler(s), dates of travel, purpose/location of travel, costs far meals, transportation, and lodging to substantiate the reported reimbursable costs. If TCEQ waives the requirement for submitting the following travel documentation with the RFR, documentation which must be maintained by the Performing Party or subcontractor and TEXAS COMMISSION ON Page 9 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 made available during an on-site audit/monitoring visit, or upon request, for the purpose of substantiating travel -related costs, includes the following: (i) legible copies of the Performing Party- or subcontractor -approved travel vouchers, or other equivalent documentation, signed by the employees who traveled; and (2) any travel -related expenses under this Contract borne directly by the Performing Party or subcontractor (and for which reimbursement by the Performing Party to the traveler was not required). Receipts should be separate and show, at a minimum, the traveler's name, the travel location, and the travel date(s). 6.19. All RFR's with expenditures that fall within the Equipment, Supplies, Other, Contractual, and Construction categories of the Scope of Work shall be itemized by the Performing Party or subcontractor on the RFR. In addition, the Performing Party or subcontractor shall attach, for each reimbursable cost listed, documentation as specified in the Required Documentation paragraph in this section. An updated equipment inventory shall be attached to reimbursement requests with equipment purchases. 6.2o. The TCEQ may reject requests for reimbursement that fail to demonstrate that costs are eligible for reimbursement or which fail to conform to the requirements of the Contract. 6.21. In determining the amount of the final payment, the TCEQ may withhold from reimbursement the amount of any over payment and any reasonable amount until the TCEQ is satisfied that all conditions and requirements are completed and accepted. 6.22. All RFR's must be signed by an authorized representative of the Performing Party. 6.23. Documentation of Project Expenses. The Performing Party shall maintain accurate and detailed documentation to evidence the payment of expenses. The Performing Party shall provide such documentation upon request and for any audit purposes. This documentation shall be maintained for at least three (3) years after the end of this Contract. ARTICLE 7. PERFORMING PARTY'S PERFORMANCE EVALUATION Performance evaluations are a part of the TCEQ review of the Performing Party and may be a factor in the selection of future grants. TCEQ may provide this information to state agencies and, upon request, to others. The Performing Party consents to the disclosure of any information or opinion contained in the evaluations. (Attachment D) TEXAS COMMISSION ON Page 10 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT* 582-17-71553 Scope of Work TEXAS COMMISSION ON Page 11 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT* 582-17-71553 Scope of Work L Facts and Purpose The Texas Commission on Environmental Quality (TCEQ) proposes to grant City of Corpus Christi LEPC funding to purchase goods and services listed in Table 1 to allow the Local Emergency Planning Committee (LEPC) to establish, maintain, and/ or improve their implementation of Emergency Planning and Community Right -to - Know Act (EPCRA). Purchases must be made in accordance to the application amounts and quotes summarized in Table 1. Any purchases made that differ from the quotes submitted must be approved, in writing, by the Grant Manager prior to purchase. The LEPC must retain documentation of these purchases and submit them with the monthly Financial Status Report (FSR). All Terms and Conditions listed in this grant contract must be followed. It is the responsibility of the grantee to follow all grant Terms and Conditions. This Scope of Work does not override any of the Terms and Conditions listed in this grant contract. Table 1. Approved Purchase List Item Number Budget Category Item Description Cost per unit Unit Quantity Application Total 1 31- Salaries GIS Operator $78.00 Per Hour 192 $14,976.00 2 31- Salaries Proposal Coordinator $53.00 Per Hour 189 $10,017.00 3 54 - Equipment HAZMAT ID Elite Command Package $59,950.00 Per Package 1 $59,950.00 4 35 - Contracts Dispatch License $1,750.00 Per Unit 1 $1,750.00 5 54 - Equipment Dispatch Computer $2,979.99 Per Unit 1 $2,979.99 6 54 - Equipment Dispatch Software $410.70 Per Unit 1 $410.70 7 54 - Equipment 50" Monitor $499.99 Per Unit 1 $499.99 8 54 - Equipment Short Throw Projector & Activeboard partial funding* $4,337.57 Per Unit 1 $2,079.12 Total $92,662.80 *The total approved funding for this item is less than the amount requested in the original grant application. The grantee agrees and acknowledges that the remaining costs for purchase of the item in the quantity listed are the sole responsibility of the grantee. TEXAS COMMISSION ON Page 12 of 31 Nueces County LEPC CONTRACT # 582-17-71553 ENVIRONMENTAL QUALITY II. TCEQ Responsibilities/Designation of Staff A. TCEQ responsibilities: • Review all FSRs within 30 days of receipt and request any edits necessary for approval. • Complete a performance evaluation after the contract is closed out. B. Designation of staff • Deanna Sivek (512) 239-5074 or Deanna.Sivek@tcegSexas.gov will be the Grant Manager and point of contact for this contract. Other TCEQ staff will be available in her absence. • Paul Groves (512) 239-6761 or Paul.Groves@tceq.texas.gov will be the Contract Manager. III. Description of Deliverables A. Purchase goods and services in accordance with grant application. B. Follow all terms and conditions listed in this contract. C. Effectively communicate with the Grant Manager any questions, comments, issues, or deficiencies. D. Submit FSRs in accordance with the contract terms. This will be within 15 days of the last day of each month unless otherwise specified from the Grant Manager in writing. E. Submit and retain all documentation associated with this grant application and make documentation available upon request from the Grant Coordinator. An FSR must be submitted, in writing, to the TCEQ Grant Coordinator no later than 15 calendar days after the end ofeach calendar month with all supporting documentation (i.e. receipts, training certificates, invoices, receiving receipts, etc.) with the exception of the final invoice which is due within 45 days after the close of the contract. F. All funds must be expended or returned to the TCEQ in accordance with the deadlines stated within Section 4.5 of the Special Terms and Conditions of the Contract. G. All travel and services must take place during the contract period. IV. Budget Control and Transfers A. Cumulative transfers less than 10% of the Total Budget. The Performing Party may transfer amounts between the approved purchase items listed above so long as cumulative transfers between the line items during the Contract do not exceed ten percent (10%) of the total contract amount. The Performing Party must timely submit a Budget Revision Request Form reflecting the revised budget. (Attachment C) TEXAS COMMISSION ON Page 13 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT* 582-17-71553 B. Cumulative transfers greater than 10% of the Total Budget. TCEQ must pre - approve all budget revisions that result in the cumulative transfer of funds greater than 10% of the Total Budget during a Contract. A Contract Amendment is required before the Performing Party incurs these costs. C. All Requests for Reimbursement or Financial Status Reports must be submitted in a format that clearly shows how this budget control requirement is being met. TEXAS COMMISSION ON Page 14 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 General Terms and Conditions TEXAS COMMISSION ON Page 15 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 GENERAL TERMS AND CONDITIONS 1. CONTRACT PERIOD 1.1. Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Contract Signature Page. If no Effective Date is provided, the Effective Date of the Contract is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal Year in which the Contract is signed. 1.2. Amendments. This Contract may be amended by mutual agreement. Except as specifically allowed by the Contract, all changes to the Contract require a written amendment and agreement by both parties. 1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a period of up to 18o days. Unless otherwise indicated in the applicable Contract Amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period. 2. FUNDS 2.1. Availability of Funds. This Contract and all claims, suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Contract or the respective claim, suit or obligation, as applicable. The Performing Party will ensure that this article is included in any subcontract it awards. 2.2. Maximum Authorized Reimbursement. The total amount of funds provided by TCEQ for the Contract will not exceed the amount of the Maximum Authorized Reimbursement as shown on the Contract Signature Page. 2.3. Fiscal Year Restrictions. In order to be reimbursed under this Contract, costs must be incurred during the Contract Period and within the time limits applicable to the funds from which the Contract is being paid. TCEQ is under no obligation to offer deadline extensions which extend to the maximum availability of the Contract funding source. 2.4. Grants. If this Contract was entered under TCEQ's authority to award grants, TCEQ is providing financial assistance to the recipient to undertake its own project. 2.5. No Debt against the State. This Contract is contingent on the continuing appropriation of funds. This Contract will not be construed to create debt against the State of Texas. 3. ALLOWABLE COSTS 3.1. Conforming Activities. TCEQ will reimburse the Performing Party for necessary and reasonable Allowable Costs that are incurred and paid by the Performing Party in performance of the Scope of Work as authorized by this Contract. 3.2. UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and applicable state and federal rules and law. THE PARTIES AGREE THAT ALL THE REQUIREMENTS OF THE UGMS APPLY TO THIS CONTRACT, INCLUDING THE CRITERIA FOR PROCUREMENT AND ALLOWABLE COSTS. Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 4. REIMBURSEMENT 4.1. Reimbursement Requests. The Performing Party will invoice TCEQ to request reimbursement for its Allowable Costs for performing the Scope of Work. The Performing Party's invoice will conform to all reimbursement requirements specified by TCEQ. 4.2. Conditional Payments. Reimbursements are conditioned on the Scope of Work being performed in compliance with the Contract. The Performing Party will return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. 4.3. No Interest for Delayed Payment. Because the Performing Party is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable in the case of late payments. TEXAS COMMISSION ON Page 16 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 4.4. Release of CIaims. As a condition to final payment or settlement, or both, the Performing Party will execute and deliver to TCEQ a release of all claims against TCEQ for payment under this Contract. (Attachment B) 5. FINANCIAL RECORDS, ACCESS AND AUDITS 5.1. Audit of Funds. The Performing Party understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. The Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. The Performing Party will ensure that this clause concerning the audit of funds accepted under this Contract is included in any subcontract it awards. 5.2. Financial Records. The Performing Party will establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon request the Performing Party will submit records in support of reimbursement requests. The Performing Party will allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. Financial records regarding this Contract will be retained for a period of three years after date of submission of the final reimbursement request. 6. PERFORMING PARTY'S RESPONSIBILITIES 6.1. Performing Party's Responsibility for the Scope of Work. The Performing Party undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of TCEQ nor as a TCEQ agent or employee. The Performing Party agrees that the Scope of Work is furnished and performed at the Performing Party's sole risk as to the means, methods, design, processes, procedures and performance. 6.2. Independent Contractor. The parties agree that the Performing Party is an independent contractor. Nothing in this Contract will create an employee -employer relationship between the Performing Party and TCEQ. Nothing in this Contract will create a joint venture between TCEQ and the Performing Party. 6.3. Performing Party's Responsibilities for Subcontractors. All acts and omissions of subcontractors, suppliers and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect Contract with the Performing Party will be considered to be the acts and omissions of the Performing Party. 6.4. No Third Party Beneficiary. TCEQ does not assume any duty to exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract will create a contractual relationship between TCEQ and any of the Performing Party's subcontractors, suppliers or other persons or organizations with a contractual relationship with the Performing Party. 7. TIME 7.1. Time is of the Essence. The Performing Party's timely performance is a material term of this Contract. 7.2. Delays. Where the Performing Party's performance is delayed, except by Force Majeure or act of TCEQ, TCEQ may withhold or suspend reimbursement, terminate the Contract for cause, or enforce any of its other rights (termination for convenience may be effected even in case of Force Majeure or act of TCEQ). 8. CONFLICT OF INTEREST The Performing Party will timely notify TCEQ in writing of any actual, apparent, or potential conflict of interest regarding the Performing Party or any related entity or individual. No entity or individual with any actual, apparent, or potential conflict of interest will take part in the performance of any portion of the Scope of Work, nor have access to information regarding any portion of the Scope of Work, without TCEQ's written consent in the form of a unilateral amendment. The Performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination for cause. 9. DATA AND QUALITY 9.1. Quality and Acceptance. All work performed under this Contract must be complete and satisfactory in the reasonable judgment of VCQ. All materials and equipment will be handled TEXAS COMMISSION ON Page 1 0 31Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 in accordance with instructions of the applicable supplier, except as otherwise provided in the Contract. 9.2. Quality Assurance. All work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a TCEQ-approved Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describes environmental processes, location, conditions, ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to the Performing Party's receipt of the QAPP signed by TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to TCEQ, TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ, the Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non -reimbursement of expenses related to the associated activities. 9.3. Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited by TCEQ according to 3o Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 Texas Administrative Code Section 25.6. 10. INTELLECTUAL PROPERTY 10.1. Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment, the Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work, or incident to the use or possession of any deliverable under the Contract. The Performing Party Will obtain and furnish to TCEQ: documentation on the use of such intellectual property, and a perpetual, irrevocable, enterprise -wise license to reproduce, publish, otherwise use, or modify such intellectual property and associated user documentation, and to authorize others to reproduce, publish, otherwise use, or modify such intellectual property for TCEQ non-commercial purposes, and other purposes of the State of Texas. 10.2. Grant of License. The Performing Party grants to TCEQ a nonexclusive, perpetual, irrevocable, enterprise -wide license to reproduce, publish, modify or otherwise use for any non- commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into any new works created as part of the Scope of Work, intellectual property created under this Contract, and associated user documentation. 11. INSURANCE AND INDEMNIFICATION 11.1. Insurance. Unless prohibited by law, the Performing Party will obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by TCEQ, sufficient coverage will include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. 11.2. Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY AND ANY SUBCONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND ITS OFFICERS, AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE PERFORMING PARTY OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS OR DIRECTIVES. THE DEFENSE OF TCEQ WILL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE CONTRACT. 12. TERMINATION 12.1. Terminatiion for Cause. TCEQ may, upon providing 10 days written notice and the TEXAS COopportunity to cure to the Performing3artPagely� terminate this Contract for cause for si theeces e f orming ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. 12.2. Termination for Convenience. TCEQ may, upon providing 10 days written notice to the Performing Party, terminate this Contract for convenience. Termination will not prejudice any other right or remedy of TCEQ or the Performing Party. The Performing Party may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination. The Performing Party will not be paid for: work not performed, loss of anticipated profits or revenue, consequential damages or other economic loss arising out of or resulting from the termination. 12.3. If, after termination for cause by TCEQ, it is determined that the Performing Party had not materially failed to comply with the Contract, the termination will be deemed to have been for the convenience of TCEQ. 13. DISPUTES, CLAIMS AND REMEDIES 13.1. Payment of a Release. Neither payment by TCEQ nor any other act or omission other than an explicit written release, in the form of a unilateral amendment, constitutes a release of the Performing Party from liability under this Contract. 13.2. Schedule of Remedies available to TCEQ. In accordance with Texas Government Code Chapter 2261 the following Schedule of Remedies applies to this Contract. In the event of the Performing Party's nonconformance, TCEQ may do one or more of the following: 13.2.1. Issue notice of nonconforming performance; 13.2.2. Reject nonconforming performance and request corrections without charge to TCEQ; 13.2.3. Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; 13.2.4. Suspend all or part of the Contract Activities or payments, or both, pending accepted revision of the nonconformity; 13.2.5. Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 13.2.6. Terminate the Contract without further obligation for pending or further payment by TCEQ and receive restitution of previous payments. 13.3. Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance, if possible under the circumstances. 13.4. Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this Contract or applicable law does not preclude or limit the exercise of any other remedy available under this Contract or applicable law. 14. SOVEREIGN IMMUNITY The parties agree that this Contract does not waive any sovereign immunity to which either party is entitled by law. 14.1. Survival of Obligations. Except where a different period is specified in this Contract or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, survive for four (4) years beyond the termination or completion of the Contract, or until four (4) years after the end of a related proceeding. A related proceeding includes any litigation, legal proceeding, permit application, or State Office of Administrative Hearings proceeding, which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject matter of the Contract. Either party will notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 15. CONTRACT INTERPRETATION 15.1 Definitions. The word "include" and all forms such as "including" mean "including but not limited to" in the Contract and in documents issued in accordance with the Contract, such as Work Orders or Proposals for Grant Activities (PGAs). TEXAS COMMISSION ON Page 19 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 15.2 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 15.3 Delivery of Notice. Notices are deemed to be delivered three working days after postmarked if sent by U.S. Postal Service certified or registered mail, return receipt requested. Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, facsimile transmission, email, or other commercially accepted means. 15.4 Interpretation of Time. All days are calendar days unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday or a state or federal holiday, it is omitted from the computation. 15.5 State, Federal Law. This Contract is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 15.6 Severability. If any provision of this Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it will be deemed severable (to the extent of such illegality, invalidity or unenforceability) and the remaining part of the provision and the rest of the provisions of this Contract will continue in full force and effect. If possible, the severed provision will be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. 15.7 Assignment. No delegation of the obligations, rights, or interests in the Contract, and no assignment of payments by the Performing Party will be binding on TCEQ without its written consent, except as restricted by law. No assignment will release or discharge the Performing Party from any duty or responsibility under the Contract. 15.8 Venue. The Performing Party agrees that the Contract is being performed in Travis County, Texas, because this Contract has been performed or administered, or both, in Travis County, Texas. The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County, Texas. 15.9 Publication. The Performing Party agrees to notify TCEQ five days prior to the publication or advertisement of information related to this Contract. The Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 15.10 Waiver. With the exception of an express, written waiver in the form of a unilateral amendment signed by TCEQ, no act or omission will constitute a waiver or release of the Performing Party's obligation to perform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, will be construed as a waiver on any other occasion. 15.11 Compliance with Laws. TCEQ relies on the Performing Party to perform all Contract Activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits and licenses. 15.12 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Contract. 15.13 Accessibility. All electronic content and documents created as deliverables under this Contract must meet the accessibility standards prescribed in 1 Texas Administrative Code sections 206.50 and 213 for state agency web pages, web content, software, and hardware, unless TCEQ agrees that exceptions or exemptions apply. TEXAS COMMISSION ON Page 20 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 Notices, Representatives & Records Locations TEXAS COMMISSION ON Page 21 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT* 582-17-71553 NOTICES, REPRESENTATIVES, AND RECORDS LOCATION Contract Number: 582-17-71553 Contract Name: Nueces County LEPC 1. Representatives. The individual(s) named below are the representatives of TCEQ and Contractor. They are authorized to give and receive communications and directions on behalf of the TCEQ and Contractor as indicated below. All communications including official contract notices must be addressed to the appropriate representative or his or her designee. 2. Changes in Representatives. Either party may change its representatives by unilateral amendment. 3. TCEQ Representatives. TCEQ CONTRACT MANAGER (for Contractual Matters) Paul Groves Contract Specialist (Title) 177 (Mail Code) Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087 Telephone No.: (512)239-6761 Facsimile No.: (512)239-0404 4. Contractor Representatives. For Contractual Matters: !ZiCK kA -M05 (rNam,ep) p LEI, �7PY�r-�iY11 r (Title) .2. i../ Le_O &Yd S6J (Mailing Address c_a1pos- C i'; c f� TX (City) State) Telephone No.: (2 J,) L Facsimile No.: (8G! l9 7- Surfe_ 3o(.7 (Zip Code) 3y78 6o 5.3 TCEQ PROJECT MANAGER (For Technical Matters) Deanna Sivek Grant Manager (Title) 177 (Mail Code) Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087 Telephone No.: (512)239-5074 Facsimile No.: (512)239-0404 For Technical Matters: TOIL, NAM 54-13e (Name) L 6 PC. r_neYdiA,A-tom (Title) 2.4n in LG e o pArd 5tl S u i t t (Mailing Address) Ca -rigs Chris 6i TX 78 x}08 (City) ',State) (Zip Code) Telephone No.: (3f)'-39 G 0 Facsimile No.: (1 t i) Xa4 -.i-I t1 / 7 5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager. 6. Designated Location for Records Access and Review. Contractor designates the physical location indicated below for record access and review pursuant to any applicable provision of this contract: Li*of Gorpi7sc-J,yr5fi/Ahd ec.es CouAJ y bo -pc, (PhysicalLocation Address Line 0 1106 Lf, 11,r4Yd ..S ) SU,tie- OD (Physical Location Address Line 2) Coitus Gh-tAs•&i;?X" 784 GS (City),(State),(Zip Code) TEXAS COMMISSION ON Page 22 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 Texas Commission on Environmental Quality FINANCIAL STATUS REPORT Attachment A 1. STATE AGENCY ORGANIZATION UNIT TO WHICH REPORT IS SUBMITTED: 2. GRANT/CONTRACT TITLE: 3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS, INCLUDING ZIP CODE) 5. TCEQ CONTRACT NUMBER: 6. FINAL REPORT: YES NO 7. ACCOUNTING BASIS: CASH ACCRUAL 6. TOTAL PROJECT/GRANT PERIOD: FROM TO 9. PERIOD COVERED BY THIS REPORT'. FROM TO 10. Item Description: Approved Budget Project Cost This Report Cumulative Project Cost Balance ** Total: 11. 'List (Itemize) on the appropriate supplemental form all component Please attach receipts, as required, in accordance with Attachment **Negative balances in any of the budget categories should be CERTIFICATION I certify to the best of my knowledge and belief unliquidated obligations are for the purposes set forth in the award expenses composing the total for each of these B of your contract explained in a brief accompanying narrative. that this report is correct and complete and that all document. categories. outlays and Signature of Authorized Certifying Official Typed or Printed Name and Title Telephone (Area code, number and ext.) Date Submitted TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Page 23 of 31 Nueces County LEPC CONTRACT # 582-17-71553 Attachment A (contd.) ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS All PURCHASES (during this report period NUMBER ITEM DESCRIPTION UNIT TOTAL PURCHASED (Should match description provided for approval) COST COST TOTAL EQUIPMENT EXPENDITURES (must agree with each line item on Form 20248) ` LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE. "LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES. *LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR EXCEED $500. * SUBSTANTIATING DOCUMENTATION (time sheets, travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM TEXAS COMMISSION ON Page 24 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582-17-71553 Attachment A (contd.) Financial Status Report Preparation Instructions 1. The PERFORMING PARTY, in order to obtain reimbursement for those expenditures authorized under this Contract, shall submit, a completed, legible TCEQ Financial Status Report (TCEQ Form 20248) and any required TCEQ Supplemental 20248 forms. Unless directed otherwise in the Contract, the PERFORMING PARTY shall submit such payment request documents by not later than twenty-one (21) days after the close of each state fiscal year quarter. The reporting periods shall also correspond to the State of Texas fiscal year quarters (September - November; December -February, March -May; June -August). Each Financial Status Report shall indicate, for each budget sub -category the PERFORMING PARTY'S project expenditures for the period in question, the cumulative expenditures with respect to each budget sub -category, and the balance remaining in each budget sub -category following reimbursement of the amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the report period. 2. All requests for reimbursement of expenditures that fall within either the "Equipment" or "Contractual" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-1 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248-1, legible documentation that (1) serves to further identify the specific piece of equipment received or the services provided, (2) clearly identifies the vendor or subcontractor who provided the equipment or services, and (3) that confirms the reimbursable amount listed on the form. In the case of equipment purchases, the attached documentation shall be either a purchase order marked "received/paid" or a vendor -submitted invoice similarly marked. In the case of subcontractor provided services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. 3. All requests under this Contract for the reimbursement of expenditures that fall within the "Construction" category of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-2 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248-2, legible documentation that (1) serves to further identify the specific cost, (2) clearly identifies the vendor or subcontractor who provided the construction related materials or services, and (3) that confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order marked "received/paid" or an invoice similarly marked. In the case of subcontractor provided construction services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. 4. All requests for the reimbursement of expenditures that fall within either the "Supply" or "Other" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-3 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, for any single -listed item or service costing more than $500, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248-3, legible documentation that (1) serves to further identify the specific items or services, (2) clearly identifies the vendor or subcontractor who provided the items or services, and (3) that confirms the reimbursable amount listed on the form. Although issued purchase orders and/or invoices marked "received/paid" represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. The PERFORMING PARTY shall not intentionally break up single orders of identical or similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the TCEQ. 5. All requests for reimbursement of expenditures that fall within either the "Personnel/Salary" or "Travel" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-4 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. Although no supporting documentation is required to be attached to Supplemental Form 20248-4 with respect to reported "Personnel/Salary" expenditures in order to receive reimbursement, the PERFORMING PARTY is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to this Contract. With respect to employee travel, all costs listed on Form 20248- 4 must be supported by attached documentation that identifies the name of the traveler's, and that substantiates the reported reimbursable costs. Documentation, for the purpose of substantiating travel -related costs, includes the following: (1) legible copies of the PERFORMING PARTY -approved travel vouchers, signed by the employees who traveled, and (2) for any travel -related expenses under this contract borne directly by the PERFORMING PARTY (and thus for which reimbursement by the PERFORMING PARTY to the traveler was not required) separate receipts showing, at a minimum, the traveler's name, the travel location, and the travel date(s). 6. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the various tasks or objectives supported. TEXAS COMMISSION ON Page 25 of 31 Nueces County LEPC ENVIRONMENTAL DUALITY CONTRACT* 582-17-71553 Attachment B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Release of Claims hereby releases the Texas Commission on Environmental Quality (TCEQ), its officers, agents, and employees from any and all future claims arising under or by virtue of TCEQ Contract Number further certifies that all subcontractors, suppliers, employees and any party which has performed or provided service for this Contract has been paid in full and satisfied. All services and tasks required to be completed under the referenced Contract have been completed. Prompt payment, therefore, of any and all funds which may have been "retained" by TCEQ in accordance with said Contract is requested. Executed on this day of , 20 . By. (signature) (name, typed or printed) (title) TEXAS COMMISSION ON Page 26 of 31 Nueces County LEPC ENVIRONMENTAL QUALITY CONTRACT* 582-17-71553 Attachment C BUDGET Purpose: For TCEQ review and approval REVISION REQUEST FORM of recipient organization proposed budget changes to ensure project deliverables review and approval is required before incurring specific costs which would of total budget. grant contract as shown in your Scope of Work. If this document does not have request a customized form from the Grant Manager. are met and fiscal accountability. Prior TCEQ result in cumulative transfers of io% or more Instructions: Fill in each line item from your enough room for all the line items, please 1. Recipient Organization (Name & Complete Address Including Zip Code): 2. Grant/ Contract Title: 3. Payee Identification No.: 4. TCEQ Contract No.: 5. Total Project/ Grant Period: 6. Item Description: 7. Approved Budget 8. Change Requested (+ or -) 9. New or Revised Budget Total: Justification (Attach additional sheets, if necessary): ***Budget Revision Request must contain both the TCEQ Grant Manager and TCEQ Contract Manager signatures to be valid.*** Signature of Authorized Representative Date Type or Printed Name and Title Signature of TCEQ Grant Manager Date Type or Printed Name and Title Signature of TCEQ Contract Manager Date Type or Printed Name and Title TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Page 27 of 31 Nueces County LEPC CONTRACT # 582-17-71553 Attachment D PERFORMING PARTY'S PERFORMANCE EVALUATION REPORT Final Report (Check only if the Agreement has ended and this is the last Performance Report) Today's Date: Report No of Evalin Period: From to Grantee: Contract No./ Purchase Order No Project Name (if applicable) Phase (if appfrnhlP)- Date of Last Report: Date of Program's Last Site Visit (if applirtble): Brief Description of Work / Services (optional): Performance Catego Ratings Comments v Exceeds Satisfactory Marginal Unsatisfactory Please provide a narrative description for ratings of one or Expectations Performance Performance Performance Score=3 Score=2 Score=i Score=o below (attachments are acceptable.) Quality &Accuracy Timeliness Reports HUB (for Quarterly Reporting, complete this portion only and return) Communication Cost Control Technology Other (describe) xxx Evaluator's Name: (Printed or Typed) Division: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Page 28 of 31 Signature: Section: Nueces County LEPC CONTRACT # 582-17-71553 XXX Requires an attachment describing category and rating description which corresponds. Note: Please see reverse side for specific "ic definitions for each performance category and an explanation for each score. Attachment D (contd) E EVALUATION REPORT - Category Descriptions PERFORMANCE CATEGORY EXCEEDS SATISFACTORY MARGINAL UNSATISFACTORY EXPECTATIONS PERFORMANCE PERFORMANCE PERFORMANCE (Score = 3) (Score = 2) (Score = 1) (Score = o) 1. Quality and Accuracy Work product always, with rare exceptions, of excellent quality. Revisions rarely or never required. Work product of satisfactory quality with only typical errors and onussions, which were corrected upon request. Work product is acceptable, although many errors and/or omissions had to be corrected prior to product being acceptable. Work product not acceptable or of very low quality, with many errors and omissions noted. Not all errors and omissions corrected. Quality, sufficiency, and accuracy of contract -required work, including work or Tasks performed by subcontractors 2. Timeliness 'Timeliness All Tasks and Contract deliverables on time or ahead of schedule. Quality of work did not suffer as a result of the time line. Some intermediate Task delays, not expected to cause major deadlines to be missed or to require Contract extension. Prior approval granted for any other delays. Some major work performance delays caused (or expected to cause) delivery schedules to be missed. Required work product not completed on time, due to factors that should have been under contractor's control. with respect to completing Contract -required work and/or work-related Tasks, including work performed by subcontractors 3. Resorts Accuracy, All reports accurate and complete, as well as on time. No rewrites or additional information required. Reports satisfactory with respect to both quality and timeliness. Contractor responded quickly and appropriately to questions or comments raised. Numerous errors and/or omissions corrected prior to reports being acceptable (or reminders of reports due were required to be sent). Reports not later than 5 working days. Reports consistently of poor quality and/or late. Contents inadequate to permit interpretation or analysis. Reports more than 5 working days late. adequacy, and timeliness of Contract -required activity/progress reports, notifications, financial reports, invoices, pay requests and other required documents, excluding HUB reports TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Page 29 of 31 Nueces County LEPC CONTRACT # 582-17-71553 Attachment D (contd) FOR HUB PROGRAM USE Contractor consistently Contractor satisfactorily Contractor marginally Contractor did not ONLY: meets or exceeds the HSP meets the HSP and/or meets the HSP and/or adequately meet the HSP 4. HUB and/or DBE/ and/or GFE requirements. GFE requirements. GFE requirements. and/or GFE requirements. MBE/ Contractor's AU reports accurate and Reports satisfactory with Numerous errors and/or Reports consistently of achievement of (or continued complete, as well as on respect to both quality and omissions corrected prior poor quality and/or late. responsiveness toward) Contract -contained HUB time. No rewrites or timeliness. Contractor to reports being acceptable Contents inadequate to Subcontracting Plan (HSP) additional information responded quickly and (or reminders of reports permit interpretation or and/or Good Faith Effort (GFE) requirements, including timely and accurate submittal of Contract - required HUB related reports. required. appropriately to questions or comments raised. due were required to be sent). Reports frequently late. analysis. Reports habitually late. *When the term HUB is used, include evaluation of Contractor's performance of DBE/MBE/WBE requirements. 5. Communication Contractor consistently Contractor is usually Contractor is only Not flexible to changes in Contractor's accessibility, responsiveness, and maintains excellent standing with flexible and responsive to changes in circumstances intermittently responsive to changes in Contract scope or other circumstances. Not cooperativeness with respect subcontractors, including or scope of work. scope or other cooperative or accessible. to any Contract -related timely payments. Works Generally maintains good circumstances. Marginal Failed to maintain good concerns communicated by as a team member and is standing with subs, and team player. Failed to standing with subs and the Contract Manager; plus flexible and responsive to ensures that they are paid make timely payments to failed to make payments contractor's demonstrated changes in circumstances promptly. subs on one or two on more than two relationship with suhenntrartnrs or scope of work. occasions. occasions. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Page 30 of 31 Nueces County LEPC CONTRACT # 582-17-71553 Attachment D (contd) 6. Cost Control* Contractor took strong initiative to observe current cost levels; compare them with Contract or Work Order budget, as applicable; and institute corrective action to keep cost within budget. Contractor observed current cost levels; compared them with Contract or Work Order budget, as applicable; and instituted corrective action to keep cost within budget. Contractor sometimes failed to observe current cost levels; compare them with Contract or Work Order budget, as applicable; and institute corrective action to keep cost within budget. Contractor failed to observe current cost levels; compare them with Contract or Work Order budget, as applicable; and institute corrective action to keep cost within budget. Contractor's ability to observe current cost levels; compare them with Contract or Work Order budget, as applicable; and institute corrective action to keep cost within budget. *Do not include consideration of Contract or Work Order budget amount changes requested or caused by TCEQ. 7. Technology Contractor's Contractor is comfortable Contractor is capable of Contractor usually uses Contractor can only apply demonstrated technical with and applies current applying current proven more basic technology to basic technology to Tasks. competence and/or expertise proven technology. But is technology. Is aware of, solve Contract problems. Requires direction (including competence and familiar with, and willing but not experienced in the Is aware of, but has little concerning appropriate expertise of subcontractors); to use, latest techniques use of latest techniques or no experience in the use technology and solutions. plus contractor's and solutions where such and solutions. of more current proven innovativeness and are appropriate. techniques and solutions. willingness to apply, within the limitations of the Contract, new techniques or technologies 8. Other DESCRIBE DESCRIBE DESCRIBE DESCRIBE DESCRIBE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Page 31 of 31 Nueces County LEPC CONTRACT # 582-17-71553 AGENDA MEMORANDUM First Reading for the City Council Meeting of May 16, 2017 Second Reading for the City Council Meeting of May 23, 2017 DATE: April 26, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director JayEl(c�cctexas.com 361-826-3464 Contract and appropriation of funds for the Community Youth Development Program CAPTION: Ordinance authorizing the City Manager to execute the Community Youth Development program contract with the Texas Department of Family and Protective Services from June 1, 2017 to August 31, 2021 in the amount of $1,808,168.54, and appropriation of the funds in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing subcontracts with Boys & Girls Club of Corpus Christi, Communities in Schools of the Coastal Bend, Youth Odyssey, Inc. and the Y.W.C.A. PURPOSE: The Texas Department of Family and Protective Services awarded the City of Corpus Christi, Community Youth Development Program (CYD) $95,892.58 for the term of June 1, 2017 to August 31, 2017. The remaining funding of $1,712,275.96 will be awarded in the amount of $428,068.99 annually, from September 1, 2017 through August 31, 2021. BACKGROUND AND FINDINGS: The Texas Department of Family and Protective Services (DFPS) is the funding source for the Community Youth Development Program (CYD). The CYD program was established in 1995 by the 74111 Legislature for the purpose of reducing juvenile crime in areas of Texas with a high incidence of juvenile crime. The methodology involved selecting Zip codes with the highest number of juvenile probation referrals within Texas counties. The 78415 ZIP code was one identified. The CYD program funds prevention services that are directly linked to juvenile delinquency prevention through subcontractors. In FY16, the City of Corpus Christi's Purchasing Department released a Request for Proposal (RFP161) for providers to service the youth of the 78415 area with youth services including, but not limited to, a Youth Advisory Committee, youth leadership development, life skills development, conflict resolution, mentoring and various other services. A review committee was formed and proposals were reviewed. Four service providers were recommended for award. Based on those recommendations, and included in the budget approved by DFPS in this contract award No. 24426873, we are recommending awarding contracts to: Subcontractors Boys & Girls Club of Corpus Christi Communities in Schools of the Coastal Bend Youth Odyssey, Inc. Y.W.C.A. ALTERNATIVES: Do not approve ordinance. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The City Council must appropriate grant funds. This award conforms to all State statues and City purchasing policies and procedures for regulating procurement. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Purchasing Department; Legal Department 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 $95,892.58 $1,712,275.96 $1,808,168.54 BALANCE $95,892.58 $1,712,275.96 $1,808,168.54 Fund(s): Grant Fund 1060 Comments: RECOMMENDATION: Staff recommends appropriation of the grant funds. LIST OF SUPPORTING DOCUMENTS: Ordinance, State Contract, Subcontracts Ordinance authorizing the City Manager to execute the Community Youth Development program contract with the Texas Department of Family and Protective Services from June 1, 2017 to August 31, 2021 in the amount of $1,808,168.54, and appropriation of the funds in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing subcontracts with Boys & Girls Club of Corpus Christi, Communities in Schools of the Coastal Bend, Youth Odyssey, Inc. and the Y.W.C.A. Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the City Manager or her designee is authorized to execute the Community Youth Development program contract with the Texas Department of Family and Protective Services from June 1, 2017 to August 31, 2021 in the amount of $1,808,168.54, and is also authorized to execute subcontracts with Boys & Girls Club of Corpus Christi, Communities in Schools of the Coastal Bend, Youth Odyssey, Inc. and the Y.W.C.A. A copy of the agreements will be filed with the office of the City Secretary. Section 2. That the contract funds are appropriated in the No. 1060 Grants fund for the Community Youth Development Program. Section 3. This Ordinance takes effect on date of final approval by City Council. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor INTERLOCAL COOPERATION CONTRACT DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES CONTRACT No. 24426873 THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES ("System Agency") and THE CITY OF CORPUS CHRISTI ("Local Government"), each a "Party" and collectively the "Parties," enter into the following grant contract to provide funding for Community Youth Development (CYD) services (the "Contract") pursuant to the provisions of the "Interlocal Cooperation Act," Chapter 791 of the Texas Government Code. L PARTIES System Agency Department of Family and Protective Services Prevention & Early Intervention 2535 Ridgepoint Drive Ste. 100 Austin 78754 Contact Person: Sasha Rasco Telephone: 512-840-7814 E -Mail Address: Sasha.Rasco@dfps.state.tx.us Agency Number: 530 Local Government City of Corpus Christi 1201 Leopard 3rd Floor Parks & Recreation Corpus Christi, TX 78401 Contact Person: Becky Perrin Telephone: 361-826-3498 Fax number: 361-826-3864 E -Mail Address: BeckyP@cctexas.com II. STATEMENT OF SERVICES TO BE PROVIDED The Parties agree to cooperate to provide necessary and authorized services and resources in accordance with the terms of this Contract. Specific services provided are described in Attachment A — Statement of Work. III. CONTRACT PERIOD AND RENEWAL The Contract is effective on June 1, 2017 and terminates on August 31, 2021, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. The Parties may extend this Contract subject to mutually agreeable terms and conditions. System Agency Contract No. 24426873 Page 1 of 4 v.11.30.15 IV. AMENDMENT The Parties to this Contract may modify this contract only through the execution of a written amendment signed by both parties. V. CONTRACT AMOUNT AND PAYMENT FOR SERVICES The total amount of this Contract, including all Work Orders issued under it, shall not exceed $1,808,168.54, for the entire procurement period and the total amount is broken down by fiscal year, where each fiscal year has a maximum amount to be reimbursed, as follows: FY17: $95,892.58 FY18: $428,068.99 FY19: $428,068.99 FY20: $428,068.99 FY21: $428,068.99 Budget Summaries for FY17 and FY18 are provided in Attachment B — Budget. Contract is funded by the State of Texas in response to Family Code §265.002 and the U.S Department of Health and Human Services Promoting Safe and Stable Families; CFDA 93.556. The exact amount of federal funding is determined at the end of the fiscal year. System Agency will notify the Grantee in writing the exact amount of federal and state monies used to fund the Contract bi-annually throughout the Contract term. VI. GRANT INFORMATION AND RECIPIENT REQUIREMENTS For the purpose of the Contract, Performing Agency is a sub -recipient and must comply with all applicable state and federal law. To the extent allowed by law, Performing Agency is subject to Attachment C— HHSC Uniform Terms and Conditions -Grantee with the following exceptions. 1. Section 5.01, "General Affirmations," is not applicable to the Performing Agency under the Contract. 2. Section 9.02, "Insurance," is replaced in its entirety with the following language. Pursuant to Chapter 2259 of the Texas Government Code entitled, "Self -Insurance by Governmental Units," each Party is self-insured, and therefore, is not required to purchase insurance. 3. Section 9.05, "Indemnity," is not applicable to the Parties under the Contract. System Agency Contract No. 24426873 Page 2 of 4 v.11.30.15 VII. LEGAL NOTICES For Legal Notices under this Contract shall be deemed delivered when deposited 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 Texas Department of Family and Protective Services Prevention and Early Intervention Division 2535 Ridgepoint Drive, Suite 100 Austin, Texas 78754 Attention: Sasha Rasco Local Government City of Corpus Christi 1201 Leopard 3rd Floor Parks & Recreation Corpus Christi, TX 78401 Attention: Becky Perrin Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for receiving legal notice by notifying the other Party in writing. VII. CERTIFICATIONS The undersigned contracting parties certify that: (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state government; (2) Each Party executing this Contract on its behalf has full power and authority to enter into this Contract. (3) the proposed arrangements serve the interest of efficient and economical administration of state government; and (4) the services contracted for are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract awarded to the lowest responsible bidder. The System Agency further certifies that it has statutory authority to contract for the services described in this contract under Chapter 531 of the Texas Government Code. The Local Government further certifies that it has statutory authority to contract for the services described in this contract under Chapter 791 of the Texas Government Code. SIGNATURE PAGE FOLLOWS System Agency Contract No. 24426873 Page 3 of 4 v.11.30.15 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT No. 24426873 DEPARTMENT OF FAMILY GRANTEE - THE CITY OF CORPUS CHRISTI AND PROTECTIVE SERVICES Signature Signature Printed Name Printed Name HHSC Executive Commissioner or Designee Title Title Date Date THE FOLLOWING DOCUMENTS TO SYSTEM AGENCY CONTRACT No. 24426873 ARE HEREBY INCORPORATED BY REFERENCE: 1. PROJECT WORK PLAN (MAY BE REVISED AS DESCRIBED IN ATTACHMENT D) 2. HHSC REQUEST FOR PROPOSAL 530-17-0002 3. SECURITY AND PRIVACY INITIAL INQUIRY (SPI) THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT No. 24426873 ARE HEREBY INCORPORATED: ATTACHMENT A - STATEMENT OF WORK ATTACHMENT B - BUDGET (FORM 2030 PEI) ATTACHMENT C - HHSC UNIFORM TERMS AND CONDITIONS -GRANTEE ATTACHMENT D - DFPS SPECIAL ATTACHMENT ATTACHMENT E - DATA USE AGREEMENT System Agency Contract No. 24426873 Page 4 of 4 v.11.30.15 CYD - DFPS/PEI RFP #: 530-17-0002 Contract No. 24426873 ATTACHMENT A STATEMENT OF WORK Community Youth Development Procurement # 530-17-0002 CONTRACT INFORMATION Grantee Name: City of Corpus Christi Anticipated Contract Amount Per Fiscal Year: FY17-$95,892.58; FY18-FY21 $428,068.99 each year Contract Number: 24426873 Anticipated Total Contract Amount (Across All Fiscal Years): $1,808,168.54 Initial Contract Period: 06/01/17-08/31/21 Anticipated Full Contract Period: 06/01/17-08/31/21 This Statement of Work provides an executive level summary of the Grantee's proposed service delivery program, output and outcomes, anticipated yearly budget amounts, a list of primary and ancillary services, target population and the proposed service area where services are to be delivered. CONTACT INFORMATION Please indicate the contract signatory- contact information Agency Providing Service NAME TITLE EMAIL PHONE NUMBER Contract Signatory Becky Perrin Assistant Director of Parks and Recreation BeckyP@cctexas.com 361-826-3498 FY17 PRIMARY DIRECT SERVICES (Include only services funded by CYD and those that contribute to the output measures) Briefly describe the primary services that will be provided and which subcontractors will be providing these services (if applicable). Primary services are those services that someone could specifically enroll to receive. Agency Providing Service Service Type (Ex: Mentoring, Family Sessions, etc.) Program Curriculum/Model to be used (if applicable) City of Corpus Christi -78415 CYD Program Youth Advisory Committee N/A Boys and Girls Club of the Coastal Bend Parental Involvement, Academic Support, Recreational Services National Boys and Girls Club Model Communities in Schools of the Coastal Bend Mentoring, Academic Support, Recreational Services Communities in Schools Unique Model Youth Odyssey Inc. Youth Leadership Development; Recreational Services Youth Odyssey Inc. YWCA Youth Leadership Development; Recreational Services Girls Circle Total unduplicated youth to be served for this contract in FY17 (Include only unduplicated youth funded by CYD) CYD - DFPS/PEI RFP #: 530-17-0002 Contract No. 24426873 FY18 PRIMARY DIRECT SERVICES (Include only services funded by CYD and those that contribute to the output measures) Briefly describe the primary services that will be provided and which subcontractors will be providing these services (if applicable). Primary services are those services that someone could specifically enroll to receive. Agency Providing Service Service Type (Ex: Mentoring, Family Sessions, etc.) Program Curriculum/Model to be used (if applicable) City of Corpus Christi -78415 CYD Program Youth Advisory Committee N/A Boys and Girls Club of the Coastal Bend Parental Involvement, Academic Support, Recreational Services National Boys and Girls Club Model Communities in Schools of the Coastal Bend Mentoring, Academic Support, Recreational Services Communities in Schools Unique Model Youth Odyssey Inc. Youth Leadership Development; Recreational Services Youth Odyssey Inc. YWCA Youth Leadership Development; Recreational Services Girls Circle Total unduplicated youth to be served for this contract in FY18 (Include only unduplicated youth funded by CYD) i OTHER CONTRACTED WORK (not included in output measures) Describe other contracted work to be completed for this contract (Ex: Public Awareness, Coalition Work, Community Events, Parent Involvement) Outreach/Public Awareness efforts will occur during at least 3 different Sub-grantee/Community/School hosted events such as but not limited to Break the Norm Spring Break Event, South Park Middle School Fall Festival, and National Lemonade Day. Break the Norm Spring Break Event offers youth a positive option instead of the negative behaviors that can occur during this time of year. The CYD program has a booth at this event in efforts of Outreach to youth and to bring Public Awareness of CYD programs to the community. The South Park Middle School Fall Festival is a community event that includes the YAC and YLD volunteering to work various vendor booths. This event also serves as Outreach to community youth and Public Awareness of the CYD programs offered in the local community. National Lemonade Day is an event that teaches youth about entrepreneurship, leadership, and communication skills. The CYD program hosts a Lemonade Day Kickoff Event at one of its sub -grantee facilities. The kickoff event utilizes volunteers from the YAC and YLD to help with setup and booths for the event. TARGET POPULATION Identify the target population for this contract The target population is 10-17 year old youth, with a maximum limit of 30% 6-9 year old youth. Both males and females will be targeted. All ethnicities will be targeted for program services. SERVICE AREA (ZIP CODE/COUNTY) 78415/Nueces Performance Measures FY17 CONTRACTOR OUTPUTS AND OUTCOMES TARGET OUTPUT 1: The expected average number of Target Youths are served monthly. 150 OUTPUT 2: The expected number of Target Youths are served annually. 150 OUTCOME 1: 10-17 year old Target Youths served in the Contractor's CYD Program will not engage in delinquent behavior. 95% FY18 CONTRACTOR OUTPUTS AND OUTCOMES TARGET OUTPUT 1: The expected average number of Target Youths are served monthly. 375 OUTPUT 2: The expected number of Target Youths are served annually. 930 OUTCOME 1: 10-17 year old Target Youths served in the Contractor's CYD Program will not engage in delinquent behavior. 95% Contract #: 24426873 ATTACHMENT B RFP #: 530-17-0002 THE CITY OF CORPUS CHRISTI Community Youth Development (CYD) BUDGET SUMMARY FORM 15 Month Budget (June 1, 2017 to August 31, 2018) Supported by Form 2030 PEI Budget Workbook RFP: 530-17-0002 Texas Department of Family and Protective Services Form 2030PEI May 31, 2016 Budget for Purchase of Service Contracts SUMMARY Contractor : City of Corpus Christi Contract # 24426873 Funding Period : 06/1/17-08/31/17 PAC # 31000 Program : CYD Original Approved 2030 Cost Categories (A.) (B.) (C.) Reimbursable Other (Match) Program Total (1A) Personnel - Salaries $20,811.99 $0.00 $20,811.99 (1B) Personnel - Fringe Benefits - by Employee $5,704.40 $0.00 $5,704.40 (1C) Personnel - Fringe Benefits - by Type $0.00 $0.00 $0.00 (2) Travel $2,408.60 $0.00 $2,408.60 (3) Supplies and Controlled Assets $1,340.00 $0.00 $1,340.00 (4) Capital Equipment (greater than $5K) $0.00 $0.00 $0.00 (5) Other Costs $4,385.10 $0.00 $4,385.10 (6) Contractual $61,242.49 $0.00 $61,242.49 Direct Costs Total $95,892.58 $0.00 $95,892.58 Indirect Costs Total $0.00 $0.00 $0.00 TOTAL $95,892.58 $0.00 $95,892.58 Program Allocation 100% 0% 100% Contract #: 24426873 ATTACHMENT B RFP #: 530-17-0002 Texas Department of Family and Protective Services Form 2030PEI May 31, 2016 Budget for Purchase of Service Contracts MrContractor SUMMARY : City of Corpus Christi Contract # 24426873 Funding Period : 09/01/17-08/31/18 PAC # 31000 Program : CYD Original Approved 2030 Cost Categories (A.) (B.) (C.) Reimbursable Other (Match) Program Total (1A) Personnel - Salaries $85,329.15 $0.00 $85,329.15 (1B) Personnel - Fringe Benefits - by Employee $33,247.84 $0.00 $33,247.84 (1C) Personnel - Fringe Benefits - by Type $0.00 $0.00 $0.00 (2) Travel $5,297.79 $0.00 $5,297.79 (3) Supplies and Controlled Assets $12,626.00 $0.00 $12,626.00 (4) Capital Equipment (greater than $5K) $0.00 $0.00 $0.00 (5) Other Costs $9,970.40 $0.00 $9,970.40 (6) Contractual $281,597.81 $0.00 $281,597.81 Direct Costs Total $428,068.99 $0.00 $428,068.99 Indirect Costs Total $0.00 $0.00 $0.00 TOTAL $428,068.99 $0.00 $428,068.99 Program Allocation 100% 0% 100% Texas Department of Family and Protective Services Form 2030PEI May 31, 2016 ATTACHMENT C HHSC Uniform Terms and Conditions Version 2.12 Published and Effective: November 30, 2015 Responsible Office: Chief Counsel TEXAS Health and Human Services Commission Health and Human Services Commission HHSC Uniform Terms and Conditions - Grant Version 2.12 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 III. 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 12 7.01 Books and Records 12 7.02 Access to records, books, and documents 12 System Agency Contract No. ***-**-**** Page 2of19 v. 11.30.15 7.03 Response/compliance with audit or inspection findings 12 7.04 SAO Audit 13 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 14 8.04 Equitable Settlement 14 ARTICLE IX MISCELLANEOUS PROVISIONS 14 9.01 Amendment 14 9.02 Insurance 14 9.03 Legal Obligations 15 9.04 Permitting and Licensure 15 9.05 Indemnity 15 9.06 Assignments 16 9.07 Relationship of the Parties 16 9.08 Technical Guidance Letters 16 9.09 Governing Law and Venue 16 9.10 Survivability 17 9.11 Force Majeure 17 9.12 No Waiver of Provisions 17 9.13 Publicity 17 9.14 Prohibition on Non -compete Restrictions 17 9.15 No Waiver of Sovereign Immunity 18 9.16 Entire Contract and Modification 18 9.17 Counterparts 18 9.18 Proper Authority 18 9.19 Employment Verification 18 9.20 Civil Rights 18 System Agency Contract No. ***-**-**** Page 3of19 v. 11.30.15 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 patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights and all applications and worldwide registration of System Agency Contract No. ***-**-**** Page 4of19 v. 11.30.15 such, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, and other intangible proprietary information. "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 Textravel" 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 System Agency Contract No. ***-**-**** Page 5of19 v. 11.30.15 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 System Agency Contract No. ***-**-**** Page 6 of 19 v. 11.30.15 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 the Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts/cfpm.shtm. Grantee shall expend Program Income during the Program Attachment term and may not carry forward to any succeeding term. Grantee shall refund program income not expended in the term in which it is earned to the System Agency. 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. System Agency Contract No. ***-**-**** Page 7of19 v. 11.30.15 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. System Agency Contract No. ***-**-**** Page 8of19 v. 11.30.15 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 System Agency Contract No. ***-**-**** Page 9of19 v. 11.30.15 A chart of applicable Federal awarding agency common rules is located through a web link on the System Agency website at http://www.dshs.state.tx.us/contracts/links.shtm. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 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 $500,000 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, which is accessible through a web link on the System Agency website at http://www.dshs.state.tx.us/contracts/links shtm. 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 Department's Contract Oversight and Support Section, and one copy to the OIG, at the following addresses: Department of State Health Services Contract Oversight and Support, Mail Code 1326 P.O. Box 149347 Austin, Texas 78714-9347 Health and Human Services Commission Office of Inspector General Compliance/Audit, Mail Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 Electronic submission to the System Agency should be addressed as follows: COSContractAdministration@dshs.state.t-x.us Electronic submission to HHSC should be addressed as follows: Dani.fielding@hhsc.state.tx.us System Agency Contract No. ***-**-**** Page 10 of 19 v. 11.30.15 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. 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. c. As used herein, "Intellectual Property" shall mean: inventions and business processes, whether or not patentable; works of authorship; trade secrets; trademarks; service marks; industrial designs; and other intellectual property incorporated in any Deliverable and first created or developed by Grantee, Grantee's contractor or a subcontractor in performing the Project. System Agency Contract No. ***-**-**** Page 11 of 19 v. 11.30.15 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. 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. System Agency Contract No. ***-**-**** Page 12 of 19 v. 11.30.15 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. 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. System Agency Contract No. ***-**-**** Page 13 of 19 v. 11.30.15 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 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. System Agency Contract No. ***-**-**** Page 14 of 19 v. 11.30.15 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. 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. System Agency Contract No. ***-**-**** Page 15 of 19 v. 11.30.15 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 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. Wnsuring 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 System Agency Contract No. ***-**-**** Page 16 of 19 v. 11.30.15 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. 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. 9.10 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. 9.11 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. 9.12 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. 9.13 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. 9.14 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. System Agency Contract No. ***-**-**** Page 17 of 19 v. 11.30.15 9.15 No Waiver of Sovereign Immunity Nothing in the Contract will be construed as a waiver of sovereign immunity by the System Agency. 9.16 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. 9.17 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. 9.18 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. 9.19 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. 9.20 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 etseq.); 4. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); 5. Title IX 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 System Agency Contract No. ***-**-**** Page 18 of 19 v. 11.30.15 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 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 st 701 W. 51 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. System Agency Contract No. ***-**-**** Page 19 of 19 v. 11.30.15 Contract #: 24426873 RFP: 530-17-0002 ATTACHMENT D DFPS Special Conditions Payments. Grantee must seek payment or adjustment to payments in accordance with the time limit specified in 45 CFR 95.1 (Code of Federal Regulations). This subpart establishes a two-year (eight quarter) time limit for a State to claim Federal financial participation in expenditures under State plans approved under Title IV -E and Temporary Assistance for Needy Families (TANF). Any bill or amended bill, which is submitted to DFPS later than seven quarters after the end of the quarter of the expense, will not be processed unless DFPS determines that submission for payment of the bill to the federal government can be executed in a proper and timely fashion. II. Reporting Abuse, Neglect, or Exploitation. Grantee will promptly report any suspected case of abuse, neglect, or exploitation to the appropriate authority as required by the Texas Family Code, Chapter 261. III. Testimony in Proceedings. Grantee will require its employees to testify in judicial and administrative proceedings at the request of DFPS. To the extent possible, Grantee will also assist the Department in locating past employees, agents, volunteers, consultants, or subcontractors when DFPS requires past employees, agents, volunteers, consultants, or subcontractors to appear and testify in accordance with this subsection. IV. Removal of Access. Grantee will immediately remove access capabilities to any DFPS automated/internet-based application(s) or immediately notify DFPS that access to such applications needs to be terminated for an employee, subcontractor, or volunteer whose employment, subcontract, or volunteer term with Grantee has ended for any reason. V. Cultural Competence. Grantee will make reasonable efforts to provide services that meet the individual needs of the client. Grantee will develop and maintain a cultural competence plan that effectively provides services to people of various cultures, races, ethnic backgrounds, and religions in a manner that recognizes and affirms their worth, protects and preserves their dignity, and ensures equity of service delivery. Grantee will take into consideration the intellectual functioning, literacy, level of education, and comprehension ability of each client in order to ensure that all information is presented in a way that meets the individual needs of each client. Grantee will provide services in the client's primary language, whether provided directly by Grantee or through a translator. VI. Subcontracting. In addition to the subcontracting requirements listed in the Solicitation Document and HHSC Uniform Terms and Conditions, Grantee must also comply with the requirements of this Section. Grantee will be responsible to DFPS for any subcontractor's performance under this Contract. Subcontractors providing services under the Contract will meet the same requirements and level of experience as required of Grantee. No subcontract under the Contract will relieve Grantee of responsibility for ensuring the requested services are provided. If Grantee uses a subcontractor for any or all of the work required, the following conditions will apply: (A) Grantee planning to subcontract all or a portion of the work to be performed will identify the proposed subcontractors. (B) Subcontracting will be solely at Grantee's expense. (C) DFPS retains the right to check subcontractor's background and approve or reject the use of submitted subcontractors. (D) Grantee will be the sole contact for DFPS and Grantee will list a designated point of contact for all Department inquiries. (E) Subcontracts. Grantee will include a term in all proposed subcontracts that incorporates this Contract by reference and binds subcontractor to all the requirements, terms, and conditions of this Contract related to the service being provided by the subcontractor, as well as explicitly hold that this Contract controls in the event of any conflict with subcontract. DFPS approval of Grantee's use of any subcontractor is conditioned upon the extent that any subcontract does not conflict with any requirements of the Contract between DFPS and Grantee. (F) Payment to Subcontractors. Pursuant to Chapter 2251 of the Texas Government Code, Grantee will make any payments owed to subcontractors within ten (10) calendar days of Grantee's receipt of funds from DFPS. VII. DFPS Background Check Policy. Grantee will submit criminal abuse and neglect history information for background checks electronically through the DFPS Automated Background Check System (ABCS) according to the instructions in the user guide located at: http://www. dfps.state.tx. us/documents/PCS/ABCSUse rGu ideFY09. pdf. (A) Disclosure and Release. Grantee will disclose and release, or cause its employees, subcontractors, and volunteers with direct client contact and/or access to client records to disclose and release, any allegation made against that employee, subcontractor, or volunteer alleging the commission of: 1) an act of abuse, neglect, or exploitation of children, the elderly, or persons with disabilities; 2) criminal history or any current criminal indictment (for felonies) or information (for misdemeanors) involving an offense under the Texas Penal Code against: a) the person; b) the family; c) public order or decency; d) public health, safety, or morals; or e) property; 3) an offense under Chapter 481 of the Texas Health and Safety Code (Texas Controlled Substances Act); or 4) any act or offense that can reasonably be associated with potential risk of harm or loss to the Department and/or its clients based on the job duties or contractual role(s) of the person in question at any time during the contract period. (B) Method of Disclosure and Release. This disclosure and release is required of all individuals who have, or will have, direct contact with clients and/or access to client records, prior to such contact or access and will be accomplished through the use of: 1) a criminal history background check; 2) a DFPS abuse and neglect history check; and 3) a signed disclosure and release by each person attesting to this information, which will be maintained by Grantee, available for review by the Department, and renewed at intervals not to exceed 24 months while the Contract is in effect. (C) Direct Contact with Clients. Grantee will prevent or promptly remove any employee, subcontractor, or volunteer from direct client contact and/or from access to client records who is alleged to have committed any act listed in this Contract. If it is determined with certainty that the person in question has not committed the acts or offenses alleged, that person may again be assigned to direct client contact and/or access to client records. However, the Grantee or subcontractor will notify the Department of its intent to do so no later than ten (10) business days and receive Department approval prior to the reassignment. Grantee or subcontractor must provide the Department with further information concerning the reasons for the reassignment upon the request of the Department. If the person in question is found to have committed any of the acts or offenses listed in this Contract, that person will not be reassigned to duties involving any direct contact with clients and/or access to client records. VIII. Limitation on Use of DFPS Seal and Name. Grantee may not use the DFPS seal in any form or manner without the prior written approval of the Department. Grantee also may not use the name of DFPS to imply any endorsement, approval, or sponsorship of Grantee's goods or services by DFPS. IX. DFPS Confidential Information. Grantee will not release confidential DFPS information to any party without the prior written approval of DFPS, including, but not limited to, records received or created by the Grantee that are identifiable to children or clients referred by the Department. Grantee will not use any information supplied by DFPS except for the purposes that the Department intends the information to be used. If Grantee stores, collects, or maintains any data, Grantee will only use such data internally for implementing this Contract. (A) Grantee will establish a method to ensure the confidentiality of records and other information relating to clients according to applicable federal and state laws, rules, and regulations. (B) Grantee will immediately notify DFPS of any unauthorized disclosure or use of any confidential information. (C) This section does not limit the Department's right of access to client case records or other information relating to clients served under this Contract. The Department will have an absolute right to access to and copies of such information, upon request. (D) If Grantee receives any request or demand for disclosure of confidential information by oral questions, documents, subpoenas, civil investigative demand, interrogatories, requests for information, or other similar legal process, Grantee will provide DFPS with prompt notice of such request (no later than two (2) business days) so that the Department may determine whether to seek an appropriate protective order and/or consent to Grantee's disclosure of the requested records. This subsection does not preclude the Grantee from asserting its own privileges or objections against release of confidential information to a third -party based on applicable law. (E) The provisions of this section remain in full force and effect following termination of cessation of the services performed under this Contract. X. Notifications. Grantee will notify the Department immediately of any significant change affecting Grantee or this Contract, including, but not limited to, change of Grantee's name or identity, ownership, control, governing board membership, key personnel, any problem or potential problem associated with performance or services, or payee identification number. Grantee will also provide DFPS with any documentation or information related to a notification provided for under this section. Grantee will also notify DFPS of any lawsuit brought against Grantee related to the services provided for in this Contract. Unless otherwise noted in this Contract, Grantee will provide all notices in writing to the Department within ten (10) working days. XI. Authority of Department Staff. DFPS staff are not authorized to sign non- DFPS forms unless those forms have received prior approval by the Department. DFPS is not bound by unauthorized staff actions in signing such forms. XII. Complaint Reporting. Unless otherwise noted in this Contract, DFPS will contact Grantee when a complaint is received, and advise the Grantee whether DFPS will conduct an investigation or will coordinate with the Grantee for an investigation and a response. When DFPS requires the Grantee to conduct any part of the complaint investigation, Grantee must respond in writing to DFPS with all information and according to DFPS requirements and specified time frames. If Grantee is unwilling or unable to provide any information within the time required, Grantee will provide a written explanation for any information that Grantee does not submit, any applicable date by which Grantee will provide the information, and the detailed reasons why Grantee is unwilling or unable to provide such information. XIII. Information Security Requirements. Grantee must comply with the following: (A) The DFPS IT Security Policy located at: http://www.dfps.state.tx.us/documents/PCS/Contractor Information Security.pdf (B) Health and Human Services Enterprise Information Security Standards and Guidelines (C) Title 1, Texas Administrative Code, Sections 202.1 and 202.3-.28 (D) Texas Human Resources Code, Section 40.005 (E) Texas Business and Commerce Code, Subchapter B, Sections 521.051- .053 (F) Texas Family Code, Section 162.018 (G) Texas Family Code, Subchapter C, Sections 261.201-.203 (H) Texas Family Code, Section 264.408 (I) Texas Family Code, Section 264.511 (J) Texas Health and Safety Code, Section 85.115 and 40 TAC Section 1404 (K) Title 40, Texas Administrative Code, Subchapter B, Sections 700.201- .209 (L) Texas Health and Safety Code, Chapter 181 and 1 TAC Sections 391.1- .2 (M) The Federal Information Security Management Act of 2002 (FISMA); (N) Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; (0) NIST Special Publication 800-53 Revision 3 — Recommended Security Controls for Federal Information Systems and Organizations; and (P) NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems. (Q) In addition to the requirements expressly stated in this Section, Grantee must comply with any other State or Federal law, regulation, or administrative rule relating to the specific DFPS program area that Grantee supports. (R) Upon reasonable notice, Grantee must provide, and cause its subcontractors and agents to provide, DFPS or its designee, prompt, reasonable, and adequate access to any information security records, books, documents, and papers that are directly pertinent to the performance of the Contract including, but not limited to: 1) Grantee information security policies; 2) Grantee information security procedures; 3) Grantee information security standards; 4) Grantee information security guidelines; 5) Grantee security plan in compliance with NIST Special Publication 800-53 Revision 3; 6) Grantee security violation reports; 7) Grantee employee security acknowledgement agreements; and 8) Lists of Grantee's employees, subcontractors, and agents with authorized access to DFPS confidential information. (S) Items XIV(R)(1)-(8) above are subject to DFPS' review and approval. Neither DFPS' review or approval, nor its failure to review or approve, will relieve, waive, or satisfy any of Grantee's obligations under this Agreement. (T) Grantee will provide, and will cause its subcontractors and agents to provide, to DFPS, upon reasonable notice, written certifications of compliance with controls and provisions relating to information security, including but not limited, those related to confidential data transfers and the handling and disposal of Personally Identifiable Information (PII). Acceptable forms of written compliance may be, but are not limited to: 1) Statement on Auditing Standards No.70, Service Organizations (SAS -70) Report; 2) General Security Controls Audit; 3) Application Controls Audit; 4) Vulnerability Assessment; and 5) Network/Systems Penetration Test. XIV. Unilateral Amendments. The Department reserves the right to amend the Contract through execution of a unilateral amendment signed by the DFPS Contract Manager and provided to the Grantee with ten (10) days notice prior to execution of the amendment under the following circumstances: (A) to correct an obvious clerical error in this Contract; (B) to change the Contract number; f ) (C) to incorporate new or revised federal or state laws, regulations, rules, or policies; (D) to comply with a court order or judgment; (E) to update service level descriptions or daily rates; (F) to change the name of the Grantee in order to reflect the Grantee's name as recorded by the Texas Secretary of State or as required by law; (G) to change the designated DFPS mailing address for this Contract; (H) to change the designated Grantee mailing address for this Contract; or (I) to change the recorded license number of any license needed under this Contract in order to reflect the current number as issued by the licensing authority. XV. Additional Remedy. In addition to the contract management remedies reserved in the HHSC Uniform Terms and Conditions, DFPS, based on information from monitoring or other verifiable sources, expressly reserves the right to remove any subcontractor or employee of the Grantee from the provision of services under this contract. XVI. Transition after Termination. At the end of the contract term or other contract termination or cancellation, Grantee will in good faith and in reasonable cooperation with the Department, aid in the transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. Upon termination or expiration of this Contract, DFPS will work with Grantee to transfer all services as efficiently as possible with the goal to have all necessary services transferred by the effective date of the expiration or termination of the Contract. However, in the event that a transfer of all necessary services is not possible, Grantee will continue to provide necessary services in accordance with all terms and conditions of this Contract until all necessary client services are completely transferred. XVII. DFPS Required Certifications. The certifications enumerated below represent material facts upon which DFPS relies when accepting a bid for this solicitation. If the Department later determines that Potential Grantee knowingly rendered an erroneous certification, DFPS may pursue all available remedies in accordance with Texas and U.S. law. Grantee further agrees that it will provide immediate written notice to DFPS if at any time Grantee 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 Grantee cannot certify the accuracy of all the statements contained in this section, Grantee must provide written notice to DFPS detailing which of the below statements it cannot certify and why. Grantee acknowledges its continuing obligation to comply with the requirements of the following certifications contained in its Proposal, and will immediately notify DFPS of any changes in circumstances affecting these certifications: (A) Federal Certification Regarding Lobbying. Federal law places restrictions on the use of federal funds in regard to lobbying. The Grantee certifies, to the best of its knowledge and belief, that: 1) In accordance with 31 U.S.C. §1352, no federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form -LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 3) The Grantee will require that the language of this certification be included in the award documents for subcontracts and that all subcontractors will certify and disclose accordingly. (B) Drug -Free Workplace Certification. Grantee certifies that it will or will continue to provide a drug-free workplace by: 1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2) Establishing an ongoing drug-free awareness program to inform employees about— a) The dangers of drug abuse in the workplace; b) The grantee's policy of maintaining a drug-free workplace; c) Any available drug counseling, rehabilitation, and employee assistance programs; and d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement; 4) Notifying the employee in the statement that, as a condition of employment under the grant, the employee will— a) Abide by the terms of the statement; and b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5) Notifying the agency in writing, within ten calendar days after receiving notice from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice will include the identification number(s) of each affected grant; 6) Taking one of the following actions, within 30 calendar days of receiving notice, with respect to any employee who is so convicted— a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; 7) Making a good faith effort to continue to maintain a drug-free workplace. Prevention and Early Intervention (PEI) Special Conditions 1. Statement of Work vs. Project Work Plan. The Statement of Work is the formal document incorporated into the contract. The Project Work Plan documents how the Grantee will achieve the performance measures outlined in the contract. Changes to the Statement of Work require an amendment and Project Work Plans may be changed with written approval from PEI and the grantee. 2. Statement of Work Changes. A Grantee cannot make any changes to the Statement of Work without a formal contract amendment. An amendment is required to change any terms outlined in the contract including but not limited to: • Points of contact listed in the contract • Performance measures (outputs/outcomes) • Service areas outlined in the contract • Target populations • Addition or deletion of Primary Services required by the contract • Addition or deletion of Ancillary services required by the contract • Subcontractors identified in the contract • Budget transfers that exceed the 20% threshold • Any increase or decrease of the total budget • Any extension of the contract end date 3. Project Work Plan Changes. Any post -award contract changes to the Project Work Plan must not alter the Statement of the contract from that for which the contract was originally procured. The RFP and contract documents serve as the primary guide in establishing whether or not a change to the Project Work Plan is allowable. PEI may allow or make limited modifications to the Project Work Plan to meet unanticipated needs at any point during the life of the contract. Either the Grantee or PEI may identify the need for such a change. A Post -award Project Work Plan change requires a documented request 15 days prior to the anticipated change and prior written approval. A change to the Project Work Plan may include: • Point of contacts listed only in the Project Work Plan • Service Delivery locations or hours • Service areas as long as the change is consistent with the original Statement of the procurement and resulting contract, e.g. add or subtract zip codes within a county (when applicable) • Policies or procedures used to provide services including: a. Intake process b. Determining client eligibility c. Plan or process for retaining clients in the program d. Case documentation e. Linking participants with other social service providers when necessary f. Case closure or termination of services to clients g. Referrals to subcontractors • Policies, procedures and strategies used to ensure services are not denied or delayed when respondent's agency is at maximum capacity • Staffing plan (provided change meets minimum RFP requirements) • Staff training plan • Processes concerning contract administration • Processes concerning subcontract administration • Budget transfers under the 20% threshold • Addition of a budget line item that does not change the overall amount of the budget • Cost per client 4. Supplemental Bills. A supplemental bill will be accepted monthly for costs not included on the main monthly bill during previous months or if additional costs exceed $2500. Only one supplemental bill will be accepted monthly, so all additional costs must be included. 5. Billing For Mileage. Mileage should always be billed at the current approved GSA rate for the service date on the invoice. Mileage charges will be limited to the rates allowed in accordance with the General Service Administration (GSA) mileage rates found at https://www.gsa.gov/portal/content/100715. 6. Performance Measures Reporting. Grantee is required to review performance measure reports from the Prevention and Early Intervention System Database on a monthly basis. Grantee is required to submit the downloaded database reports that reflect all performance measures and a corrective action plan to DFPS no later than 15 days after the end of the first, second, and third quarters for each performance measure that is off track. A corrective action plan must include: (1) a statement of the problem, (2) the proposed steps to be taken, (3) a timeline for each step, (4) the person(s) responsible for implementing each step, and (5) the person responsible for oversight of the plan to ensure it is implemented correctly. The corrective action plan must be submitted on the required template and must outline the measures that will be taken by contractor to address each performance measure that is off track. 7. Program Forms and Social Security Numbers. Grantee is required to complete all fields of program forms in their entirety, including any social security number fields. If a client refuses to provide their social security number, Grantee must document refusal in the case file. The expectation is that Grantees make a good faith effort to obtain social security numbers and other information listed on the program form. Items with an asterisk on program forms are required fields in the database; however, the expectation is that the form is completed thoroughly. Primary caregivers must sign program forms giving consent for services prior to the provision of services. 8. Contractual Obligations. A grantee's acceptance of funds directly under the contract or indirectly through a subcontract acts as acceptance of the authority of the state, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. In accordance with the legislative audit committee, DFPS can request any documentation, at any time, to be sent to DFPS to a location DFPS chooses. Examples of documentation that may be requested includes, but is not limited to, client files in their entirety (progress notes, action plans, registration forms, protective factor surveys, sign in sheets, monthly tracking forms, referral information, etc.), invoices that support monthly billings, a contractor's full general ledger, etc. f ) DFPS Cost Reimbursement Supplement 1. Cost Reimbursement Contract. 1.1. Basis for Payment. DFPS is not obligated to pay unauthorized costs or to pay more than Contractor's allowable and actually incurred costs consistent with federal and state regulations. Contractor is responsible for submitting bills in an accurate and timely manner for each service period and for notifying the Department of a need to expedite payment. DFPS will make reasonable efforts to process all bills received in an accurate and timely manner, but does not warrant immediate payment. 1.2. Regulation Compliance. Contractor will remain in compliance with 45 CFR Part 74 as applicable, Office of Management and Budget (OMB) Circulars A-133, A-110, A- 21, A-87, and A-122 as applicable, the Uniform Grant Management Standards (UGMS) as applicable, and 40 Texas Administrative Code (TAC) §§732.240-256 as applicable. The reimbursement made to Contractor will not exceed Contractor's actual costs to provide the services under this Contract and Contractor's actual costs, both direct and indirect, must be allowable, reasonable, and allocable. 1.3. Physical Property. Contractor will assume responsibility for the protection of all physical property and equipment purchased under this Contract. Contractor must furnish DFPS with a written, factual report of the theft of, or damage to, any equipment purchased under this contract, including circumstances concerning the loss. In addition, in the event of any theft, vandalism, or other offense against the properties, Contractor will notify appropriate local law enforcement authorities. 1.4. Equipment. Equipment is any article of tangible nonexpendable personal property having a useful life of more than one year and an acquisition cost that equals or exceeds the lesser of: the capitalization level established by the contractor for financial statement purposes or $5,000. Contractor will follow the provisions of Title 45 Code of Federal Regulations (CFR) Part 74 regarding disposition of any equipment purchased under this Contract with funds allocated to Contractor or its subcontractor. Contractor will not give any security interest, lien, or otherwise encumber any item of equipment purchased with contract funds. Contractor will permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. Contractor will maintain a current inventory of equipment that is available to the Department at all times upon request. Cost reimbursement contractors must also follow the following guidelines when contracting with DFPS. 1.4.1. Cost reimbursement contractors must add certain types of equipment items that are classified as "controlled assets" as designated in the Comptroller's State Property Accounting (SPA) Process User's Guide, available on the Internet, to their inventory. Contractors should review the SPA guide periodically for the most current list. 1.4.2. All cost reimbursement contractors must follow the American Hospital Association's (AHA) "Estimated Useful Lives of Depreciable Hospital Assets" for equipment disposition purposes, except when federal or statutory requirements supersede. 1.4.3. Contractors must request DFPS approval before disposing of equipment or controlled assets prior to the end of the useful life for that item. 1.4.4. Any change to the equipment category in a cost reimbursement budget will require prior approval from the Department. 2. Minimum Insurance Standards. 2.1. Contractor will provide insurance for direct delivery of services 48 hours prior to contract signing. Contractor will obtain and furnish proof of the following bonding and insurance coverage within forty-eight (48) hours of the award of the Contract or at such other time as specified by DFPS. The required coverages are: 2.1.1. Dishonesty bonding under a commercial crime policy or business services bonding, at a ten thousand dollar ($10,000.00) minimum; and 2.1.2. Commercial General Liability Coverage at a three hundred thousand dollar ($300,000) minimum for each occurrence limit, and six hundred thousand dollar ($600,000) minimum aggregate limit. The Department will be provided with ample written notice of policy or bond cancellation or material change in the policy or bond. 2.1.3. [Add the following if professional liability insurance is required.] Contractor must provide and furnish evidence of professional liability insurance with the minimum limits of $300,000.00 per occurrence and $600,000.00 aggregate. 2.2. The Contractor will purchase coverage with insurance companies or carriers rated for financial purposes "B" or higher whose policies cover risks located in the State of Texas. All bonds, policies, and coverage will be maintained during the entire term of contract. 2.3. All required insurance policies will include an endorsement stating that the Department will be given thirty (30) calendar days written notice of policy or bond cancellation or a material change in the policy or bond. DFPS Special Conditions for Subrecipients I. Subrecipient. DFPS has identified Grantee as a Subrecipient. Grantee must comply with 45 Code of Federal Regulations (CFR) 75, Office of Management and Budget (OMB) Circulars A-133, A-110, A-21, A-87, A-102, A-122 or the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as applicable. (A) Single Audit. Grantee must submit a Single Audit Determination (SAD) form in accordance with HHSC-OIG requirements. If applicable, Grantee will submit an annual financial and compliance audit of Grantee's fiscal year. Grantee will submit verification of the re -procurement of the independent audit firm for Single Audits. (B) For Profit Subrecipients. If Grantee is a for-profit entity, it is not subject to the auditing and reporting requirements of 45 CFR 75, Subpart F — Audit Requirements (Subpart F). However, DFPS maintains responsibility for establishing requirements, as necessary, to ensure compliance by for-profit subrecipients. Grantee agrees to comply and cooperate with additional fiscal and programmatic monitoring during the term of the contract and a post -award financial audit. II. FFATA Reporting. Grantee must report to DFPS the data elements required by the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) and listed below if Grantee is a Subrecipient. No direct payment will be made to Grantee for providing any reports required under these provisions, as the cost of producing such reports will be deemed included in the Contract price. The reporting requirements below are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes will be automatically incorporated into this Contract and must become part of Grantee's obligations under this Contract. DFPS may provide written notice to Grantee of any such change in accordance with this Contract, but such notice will not be a condition precedent to Grantee's duty to comply with revised OMB reporting requirements. (A) Sub -Award Information. Grantee will provide the following information to DFPS according to the timeframes communicated by the Department, but no later than the end of the month following the month of award of a contract with a value of $25,000 or more, (and any modifications to these contracts that change previously reported data): 1) Unique identifier (DUNS Number) for the Grantee receiving the award and for the Grantee's parent company, if the Grantee has a parent company. 2) Name of the Grantee. 3) Grantee's physical address including street address, city, state, and country. Also include the nine -digit zip code and congressional district. 4) Grantee's primary performance location including street address, city, state, and country. Also include the nine -digit zip code and congressional district. (B) Subrecipient Officers' Total Compensation (Top 5). According to the timeframes communicated by the Department but no later than the end of the month following the month of a contract award, and annually thereafter, the Grantee will report the names and total compensation of each of the five most highly compensated executives for the Grantee's preceding completed fiscal year if, in the Grantee's preceding fiscal year, the Grantee received - 1) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and 2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and 3) The public does not have access to information about the compensation of the executives 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. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.qov/answers/execomp.htm.) III. Notice of Funding. Grantee will place prominent notices acknowledging the funding it receives from the Department in all of its literature that describes services covered by this Contract. This notice will also appear in Grantee's annual financial report, if any is issued. A ) Contract #: 24426873 ATTACHMENT E RFP: 530-17-0002 DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE AND CITY OF CORPUS CHRISTI ("CONTRACTOR") This Data Use Agreement ("DUA"), effective as of the effective date of the base contract ("Effective Date"), is entered into by and between the Texas Health and Human Services Enterprise agency ("HHS") and CITY OF CORPUS CHRISTI. ("CONTRACTOR"), and incorporated into the terms of HHS Contract No. 24426873, in Travis County, Texas (the "Base Contract"). ARTICLE 1.PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CON TRACTOR, and describe CON IRACTOR's rights and obligations with respect to the Confidential Information and the limited purposes for which the CONTRACTOR may create, receive, maintain, use, disclose or have access to Confidential Information. 45 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 Government 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 purpose or purposes described in the Scope 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; (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. HHS Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 HHS Contract No. 24426873 "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 CON TRACTOR may create, receive, maintain, use, disclose or have access to on behalf of HHS 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; (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Personally Identifiable Information; (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; Estates Code Ch. 752 and Texas Prob. Code § 3. ARTICLE 3.CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION Section 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) CONTRACTOR will not, without HHS's prior written consent, disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors 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 the Authorized Purpose or as Required by Law. 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, without prior written approval of HHS, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying HHS so that HHS may have the opportunity to object to the disclosure or access and seek appropriate HHS Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 Page 2of12 HHS Contract No. 24426873 relief. If HHS objects to such disclosure or access, CONTRACTOR will refrain from disclosing or providing access to the Confidential Information until HHS has exhausted all alternatives for relief. 45 CFR 164.504(e)(2)(ii)(A) (E) CON TRACTOR 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, on behalf of CONTRACTOR without requiring that Subcontractor first execute the Form Subcontractor Agreement, Attachment 1, which ensures that the Subcontractor will comply with the identical terms, conditions, safeguards and restrictions as contained in this DUA for PHI and any other relevant Confidential Information and which permits more strict limitations; and 45 CFR 164.502(e)(1)(1)(ii); 164.504(e)(1)(i) and (2) (G) CON TRACTOR 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, CONTRACTOR will make PHI available to HHS in a Designated Record Set or, as directed by HHS, provide PHI to the Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. 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. 45 CFR 164.524and 164.504(e)(2)(ii)(E) (I) CONTRACTOR will make PHI as required by HIPAA available to HHS for amendment and incorporate any amendments to this information that HHS directs or agrees to pursuant to the HIPAA. 45 CFR 164.504(e)(2)(ii)(E) and (F) (J) 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 by any Individual subject to this DUA, it will promptly forward the request to HHS; however, if it would violate HIPAA to forward the request, CONTRACTOR will promptly notify HHS of the request and of CONTRACTOR's response. Unless CONTRACTOR is prohibited by law from forwarding a request, HHS will respond to all such requests, unless HHS has given prior written consent for CONTRACTOR to respond to and account for all such requests. 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 or disclose PHI for the proper management and HHS Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 Page 3of12 HHS Contract No. 24426873 administration of CONTRACTOR or to carry out CONTRACTOR's legal responsibilities if: 45 CFR 164.504(e)(ii)(1)(A) (1) Disclosure is Required by Law, provided that CONTRACTOR complies with Section 3.01(D); (2) CONTRACTOR obtains reasonable assurances from the Person to whom the information is disclosed that the Person 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 requested by HHS, 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) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, return 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 HMS'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 returned to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, CONTRACTOR acknowledges and agrees that it may not Destroy any Confidential Information if federal or state law, or HHS record retention policy or a litigation hold notice prohibits such Destruction. If such return or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such return 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 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 hazards 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 2 . 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 HHS Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 Page 4 of 12 HHS Contract No. 24426873 (R) CONTRACTOR will establish, implement and maintain any and all appropriate 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, subject to HHS approval, 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 this DUA and prior to any change. 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 DUA. 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 on behalf of HHS 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) CON TRACTOR 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, or other federal or state law. 45 CFR 164. 504(e)(2)(0(1) (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form. A secure transmission of electronic Confidential Information in motion includes secure File Transfer Protocol (SFTP) or Encryption at an appropriate level or otherwise protected as required by rule, regulation or law. HHS Confidential Information at rest requires Encryption unless there is adequate administrative, technical, and physical security, or as otherwise protected as required by rule, regulation or law. 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 HHS Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 Page 5of12 HHS Contract No. 24426873 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) CONTRACTOR will comply with the following laws and standards if applicable to the type of Confidential Information and Contractor's Authorized Purpose: • 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. ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS Section 4.01. Breach or Event Notification to HHS. 45 CFR 164.400-414 (A) CONTRACTOR will cooperate fully with HHS 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. (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 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 HHS Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 Page 6 of 12 HHS Contract No. 24426873 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. 48 -Hour Formal Notice. No later than 48 consecutive clock hours after Discovery, or a time within which Discovery reasonably should have been made by CONTRACTOR of an Event or Breach of Confidential Information, provide formal notification to the State, 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, 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 of 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 to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as HHS Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 Page 7of12 HHS Contract No. 24426873 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. Section 4.02 Investigation, Response and Mitigation. For A -F below: 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 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 fmal 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. (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. Section 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 must obtain HHS's prior written approval of the time, manner and content of any notification to Individuals, regulators or third -parties, or any notice required by other state or federal authorities. 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, 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 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. SCOPE OF WORK HHS Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 Page 8of12 HHS Contract No. 24426873 Scope of Work means the services and deliverables to be performed or provided by CON IRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Scope 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 Section 6.01 Ownership of Confidential Information CONTRACTOR acknowledges and agrees that the Confidential Information is and will remain the property of HHS. CONTRACTOR agrees it acquires no title or rights to the Confidential Information. Section 6.02 HHS Commitment and Obligations 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. Section 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 CON IRACTOR 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. Section 6.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CON IRACTOR 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 is updated automatically 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. (D) 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 HHS Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 Page 9of12 HHS Contract No. 24426873 4. Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Travis County, Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation and the action it intends to take. (E) If neither termination nor cure is feasible, HHS shall report the violation to the Secretary. (F) 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. Section 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 Travis County, 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. Section 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. Section 6.07 Indemnification CONTRACTOR will indemnify, defend and hold harmless HHS and its respective Executive Commissioner, employees, Subcontractors, agents (including other state agencies acting on behalf of HHS) or other members of its Workforce (each of the foregoing hereinafter referred to as "Indemnified Party") against all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising from or in connection with any breach of this DUA or from any acts or omissions related to this DUA by CONTRACTOR or its employees, directors, officers, Subcontractors, or agents or other members of its Workforce. The duty to indemnify, defend and hold harmless is independent of the duty to insure and continues to apply even in the event insurance coverage required, if any, in the DUA or Base Contract is denied, or coverage rights are reserved by any insurance carrier. Upon demand, CON TRACTOR will reimburse HHS for any and all losses, liabilities, lost profits, fines, penalties, costs or expenses (including reasonable attorneys' fees) which may for any reason be imposed upon any Indemnified Party by reason of any suit, claim, action, proceeding or demand by any third party to the extent caused by and which results from the CONTRACTOR's failure to meet any of its obligations under this DUA. CON IRACTOR's obligation to defend, indemnify and hold harmless any Indemnified Party will survive the expiration or termination of this DUA. Section 6.08 Insurance HHS Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 Page 10 of 12 HHS Contract No. 24426873 (A) In addition to any insurance required in the Base Contract, at HMS's option, HHS may require CONTRACTOR to maintain, at its expense, the special and/or custom first- and third -party insurance coverages, including without limitation data breach, cyber liability, crime theft and notification expense coverages, with policy limits sufficient to cover any liability arising under this DUA, naming the State of Texas, acting through HHS, as an additional named insured and loss payee, with primary and non-contributory status, with required insurance coverage, by the Effective Date, or as required by HHS. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. Section 6.09 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, including but not limited to requirements to insure and/or indemnify HHS, 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. Section 6.10 Entirety of the Contract This Data Use Agreement is incorporated by reference into the Base Contract 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. Section 6.11 Automatic Amendment and Interpretation Upon the effective date of any amendment or issuance of additional regulations to HIPAA, or any other law applicable to Confidential Information, this DUA will automatically be amended so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such requirements. 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. HHS Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 Page 11 of 12 HHS Contract No. 24426873 ATTACHMENT 1. SUBCONTRACTOR AGREEMENT FORM HHS CONTRACT NUMBER 24426873 The DUA between HHS and CONTRACTOR establishes the permitted and required uses and disclosures of Confidential Information by CONTRACTOR. CONTRACTOR has subcontracted with (SUBCONTRACTOR) for performance of duties on behalf of CONTACTOR which are subject to the DUA. SUBCONTRACTOR acknowledges, understands and agrees to be bound by the identical terms and conditions applicable to CONTRACTOR under the DUA, incorporated by reference in this Agreement, with respect to HHS Confidential Information. CONTRACTOR and SUBCONTRACTOR agree that HHS is a third -party beneficiary to applicable provisions of the subcontract. HHS has the right but not the obligation to review or approve the terms and conditions of the subcontract by virtue of this Subcontractor Agreement Form. CONTRACTOR and SUBCONTRACTOR assure HHS that any Breach or Event as defined by the DUA that SUBCONTRACTOR Discovers will be reported to HHS by CONTRACTOR in the time, manner and content required by the DUA. If CONTRACTOR knows or should have known in the exercise of reasonable diligence of a pattern of activity or practice by SUBCONTRACTOR that constitutes a material breach or violation of the DUA or the SUBCONTRACTOR's obligations CONTRACTOR will: 1. Take reasonable steps to cure the violation or end the violation, as applicable; 2. If the steps are unsuccessful, terminate the contract or arrangement with SUBCONTRACTOR, if feasible; 3. Notify HHS immediately upon reasonably discovery of the pattern of activity or practice of SUBCONTRACTOR that constitutes a material breach or violation of the DUA and keep HHS reasonably and regularly informed about steps CONTRACTOR is taking to cure or end the violation or terminate SUBCONTACTOR's contract or arrangement. This Subcontractor Agreement Form is executed by the parties in their capacities indicated below. CONTRACTOR SUBCONTRACTOR BY: NAME: TITLE: DATE ,201. BY: NAME: TITLE: DATE: HHS Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 Page 12of12 SERVICE AGREEMENT NO. 161 Community Youth Development Program Services - Parental Involvement, Academic Support and Recreational Services THIS Community Youth Development Program Services - Parental Involvement, Academic Support and Recreational Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Boys and Girls Club of the Coastal Bend ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Community Youth Development Program Services - Parental Involvement, Academic Support and Recreational Services in response to Request for Bid/Proposal No. 161 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Community Youth Development Program Services - Parental Involvement, Academic Support and Recreational Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to four additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $90,495.57, subject to approved extensions and changes. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Matthew Delgado Department: Park & Recreation Phone: (361) 826-4028 Email: MatthewDecctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 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. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Matthew Delgado Title: Program Manager Address: 615 Leopard St. Suite 105, Corpus Christi, TX 78401 Fax: (361) 826-4028 IF TO CONTRACTOR: Boys & Girls Clubs of the Coastal Bend Attn: Valerie Burciaga Title: Community Relations Coordinator City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 3902 Greenwood Drive, Corpus Christi, TX 78416 Fax: (361) 387-1523 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 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. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 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 Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 8 CONTRACTOR Signature: Printed Name: Kim Barrientos Title: CEO Date: 5/5/2017 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 161 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 8 of 8 Attachment A: Scope of Work 1. Background A. The CYD program was established in 1995 with funds authorized by the 74th Legislature for the purpose of reducing juvenile crime in areas of Texas with a high incidence of juvenile crime. B. The selected ZIP codes were identified by a methodology developed by an interagency workgroup that defined guidelines for the CYD program. The methodology involved identifying Texas counties with the highest number of juvenile arrests for violent offenses and then selecting ZIP codes with the highest number of juvenile probation referrals within each of those counties. The same methodology was used each year that the CYD program expanded. 2. Eligibility A. CYD programs serve youth ages 6 - 17 who live in and/or attend eligible schools in the 78415 ZIP code. Verification of addresses for registering youth is left up to the subcontractor, but must be done in good faith. B. Eligible public CYD Schools High Schools Mary Carroll High School, 5301 Weber Foy H. Moody High School, 1818 Trojan Drive Middle Schools Tom Browne Middle School, 4301 Schanen Blvd. Baker Middle School, 3445 Pecan Street South Park Middle School, 3001 McArdle Road Hamlin Middle School, 3900 Hamlin Drive Elementary Berlanga Elementary, 4120 Carroll Ln Early Childhood Development Center, 6300 Ocean Drive Fannin Elementary, 2730 Gollihar Galvan Elementary, 3126 Masterson Drive Hicks Elementary, 3602 McArdle Road Houston Elementary, 363 Norton Street Kostoryz Elementary, 3602 Panama Drive Sanders Elementary, 4102 Republic Drive Travis Elementary, 3210 Churchill Drive C. The target emphasis is 10 to 17 years of age. Youth 9 and under may be served but cannot exceed 30% for the entire fiscal year. Family members of eligible participants are eligible for services if the service involves the family, including the eligible youth participant, with the goal of preventing delinquency of the eligible youth. Family members eligible for such services are limited to those individuals who are related to and residing in the same Page 1 of 5 household as the eligible youth, including fictive kin and a non-custodial parent. Subcontractors must be conscious of youth that are over or under the age limits. Registration forms for each youth will be collected and reviewed for accuracy. D. As a prevention program, CYD is intended to serve youths who have not already been involved in the juvenile justice system, but who are at -risk of becoming involved. Youth whose cases are pre -adjudicated, informally adjudicated, or whose adjudication has been deferred are eligible for CYD services. Providers are not required to verify lack of involvement in the juvenile justice system but are required to complete risk factors for each youth. Identified Risk Factors Include: • Poor expressive language • Lack of self-control • A high degree of impulsiveness and hyperactivity • Aggressive temperament • Antisocial behavior • Friends who engage in "problem behavior" • Low school attendance • Parent/guardian(s) exhibit low school attainment and/or was a teen parent(s) • Poor parental/guardian supervision and harsh and erratic discipline • Parental conflict and/or single parent families • Parent/guardian with mental illness • Family history of problem behaviors such as parental drug use, domestic violence or criminal activity • History of maltreatment E. Local providers are not limited to serving only youth who are eligible for CYD services. It is necessary to note however, that only services provided to eligible youth, as defined above, can be reimbursed through CYD. Contractors must track and document services provided to eligible and non -eligible participants to support amounts billed to CYD and to determine CYD performance measures. 3. Scope of Services A. The CYD program will fund prevention services that are directly linked to juvenile delinquency prevention. Intervention services, including diversion programs, are not appropriate under the CYD model. To the greatest extent possible, services should be designed to appeal to those youth most vulnerable to juvenile delinquency. The Fiscal Agent (City) is responsible for ensuring an appropriate balance between intensive programs that serve a limited number of youth and less intensive programs that can serve greater numbers of youth. One-time events or services that only accrue a limited number of contact hours (e.g. only two hours per month) are not eligible for funding. If one-time activities are planned as a service, they should be an Page 2 of 5 added value for youth already participating and cannot be a stand-alone service. In determining which services will be funded, the Fiscal Agent with the help of the Review Committee will consider the overall potential impact on the ZIP code based on the number of youth to be served, the hours of intensity with the youth, the need in the community and other factors. B. A diverse array of services can be provided through the CYD program. Historically, the following types of services have been funded through CYD: youth leadership development, life skills development, character education, conflict resolution, cultural exploration, rites of passage programs, after-school enrichment and education, career exploration, structured recreational programs, youth sports, mentoring and programs that promote family support and involvement. Any activities related to boxing cannot be funded through the CYD program. Supplanting of funds is unallowable. For any service to be provided, the Fiscal Agent must ensure that services do not duplicate those already provided in the community through other funding sources, but do fill gaps in service and enhance or compliment other services. C. Program services must be easily accessible to youth, or the provider of the service must address transportation needs for any youth for whom lack of transportation would prevent full participation in CYD program activities. • Program services must be focused on enhancement of at least one of the following protective factors associated with juvenile delinquency prevention, including but not limited to: • Involvement with positive peer group activities and norms • Social competencies such as decision making skills, assertiveness and interpersonal skills • Caring adults other than parent • Strong bond between children and parents • Emotional support and absence of severe criticism • Clear rules and expectations • Involvement with school/community • Friendship network • Positive perception of self and others • Places high values on helping others • Sense of purpose D. Direct service staff of the Subcontractor must be at least 18 years of age, have a High School Diploma or GED, and 1 year of experience in the health and human services field to include work with youth. E. Mandated/Core Services for the 78415 Zip Code as required by DFPS: Each Fiscal Agent (City) is required to provide four mandatory services; Youth Advisory Committee (YAC), Youth Leadership Development (YLD), Mentoring, and Parental Involvement either directly or indirectly through Page 3 of 5 subcontract in addition to other services. The core service will take precedence over other programs when funding is considered. The Core Service is as follows: 1. Parental Involvement Requirements • Family engagement is associated with improved program outcomes. Parental involvement increases youth participation in after-school programs, influences constructive parent involvement in the home, increases protective factors and may address risk factors that may lead to juvenile delinquency. Further, father -figure involvement is linked to decreased drug use, and decreased delinquent behavior. • Contractor must demonstrate a commitment to the meaningful involvement of parents. There are several options available to engage parents. Which strategy works best will depend on the dynamics of the community served. These strategies may include parent training/parenting classes, parent leadership programs, counseling, service -based learning, and many other strategies. o The awarded Contractor must develop and implement a parent involvement component as one of their goals in the Collaborative Community Committee. o During the first 90 days of the contract, the Contractor will work with DFPS to develop a Parent Involvement component suited to the Contractor's service area and the community's needs. F. Optional CYD Program Services: • Recreational Services: Rewarding, challenging, and age-appropriate activities provided in a safe, structured, and positive environment, with the intent of reducing delinquency by way of a socializing effect through which youth develop positive qualities. Examples may include organized sports, hobbies, music, arts and crafts and cultural activities. Boxing is not allowed. • Academic Support Services: Designed to increase student engagement in the learning process and hence academic performance and bonding to the school (e.g., cooperative learning techniques," experiential learning" strategies, tutoring and basic skill building). Note: This must not include preparation assistance for any standardized testing. G. MANAGEMENT OF CONTRACT The Contractor must keep in mind the performance measures that must be met along with paperwork and administration requirements that must be completed in performing the CYD contract. Requirements include but are not limited to: • Comply with all DFPS contract requirements that apply to subcontracts and follow the Contractor's policies and procedures as well as OMB and Page 4 of 5 TAC guidelines when managing the fiscal, administrative and program aspects of CYD; • Have policies and procedures in place for ongoing management of the CYD Program including planning and oversight of the overall program; • Administrative management to include but not limited to personnel requirements, records maintenance, and DFPS Background Check requirements; • Program management to include quality assurance processes to ensure appropriate service delivery and progress towards contract performance measures; • Collection and submission of program forms and monthly participant data from youth, including but not limited to Registration Forms, Risk Factor Surveys, Pre & Post Tests, and Satisfaction Surveys; • Support and at a minimum monthly supervision of all staff that provide direct services to clients, including volunteers. This supervision must provide the direct staff and volunteers an opportunity to gain professional development, support, and advice about theirworkwith the clients; • Attendance at quarterly meetings and submission of quarterly reports; • Participation with CYD events and provider information meetings; • Collaboration with all CYD providers including participating in marketing of the program to the community; • Oversight to ensure that budget is appropriately managed to prevent any lapse in contract funds and ensuring that costs are reasonable, necessary, allowable and allocable under the contract and governing regulations (OMB circulars and the Texas Administrative Code). Page 5 of 5 Attachment B: Bid/Pricing Schedule Summary click here for instructions Contractor Boys & Girls Clubs of the Coastal Bend Contract No. Contract Period 9/1/2017 - 8/31/2018 Cost Category A Grand Total B Reimbursable C Other (Match) (1A) Personnel - Salaries $ 88,710.48 0 0 (1 B) Personnel - Fringe Benefits $ 6,738.00 0 0 Subtotal $ 95,448.48 0 0 (2) Travel $ - 0 0 (3) Materials, Supplies, and Controlled Assets $ 10,200.00 0 5750 (4) Equipment (Rent/Lease/Purchase) $ 60,000.00 0 0 Subtotal $ 70,200.00 0 5750 (5) Other Costs (list below) 0 0 0 Subtotal 0 0 0 Foster or Day Care Total (per DFPS unit rate below) Total Direct Costs Total Indirect Costs (if applicable) % Grand Total $ 165,648.48 0 5750 Unit Rate Contracts Amounts (a) Projected service units (days, etc.) x (b) Cost per unit of service (i.e., unit rates) x (c) Projected clients to be served Foster or Day Care Total 0 Certified by: Valerie Burciaga Name: Valerie Burciaga Title: Community Relations Director Date: 9/15/2016 ***The Boys and Girls Club of the Coastal Bend proposed to provide multiple services for the Community Youth Development Programs; they are being recommended for three programs at a do -not -exceed amount of $90,495.57. Attachment C: Insurance/Bond Requirements 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 Park & Recreation Director 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 insurance document. $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. 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. 2016 Insurance Requirements Park & Recreation CYD Program 08/16/2016 my Risk Management Attachment D: Warranty Requirements Warranty is not required for the service agreement, item 8. Warranty of this agreement is null. SERVICE AGREEMENT NO. 1188 Community Youth Development Program Services - Mentoring, Academic Support and Recreational Services THIS Community Youth Development Program Services - Mentoring, Academic Support and Recreational Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Communities In Schools of the Coastal Bend ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Community Youth Development Program Services - Mentoring, Academic Support and Recreational Services in response to Request for Bid/Proposal No. 161 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Community Youth Development Program Services - Mentoring, Academic Support and Recreational Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to four additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $127,810.97, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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 this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Matthew Delgado Department: Park & Recreation Phone: (361) 826-4028 Email: MatthewDecctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 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. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Matthew Delgado Title: Program Manager Address: 615 Leopard St. Suite 105, Corpus Christi, TX 78401 Fax: (361) 826-4028 IF TO CONTRACTOR: Communities In Schools of the Coastal Bend Attn: Gloria Taylor Title: Executive Director City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 2212 Morris, Corpus Christi, TX 78405 Fax: (361) 696-4024 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 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. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 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 Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 8 CONTR Signati re: Printed Nam iOrt Title: E)(ecu-Mie MIZE Date: 5 - 3 V7 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 161 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 Attachment A: Scope of Work 1. Background A. The CYD program was established in 1995 with funds authorized by the 74th Legislature for the purpose of reducing juvenile crime in areas of Texas with a high incidence of juvenile crime. B. The selected ZIP codes were identified by a methodology developed by an interagency workgroup that defined guidelines for the CYD program. The methodology involved identifying Texas counties with the highest number of juvenile arrests for violent offenses and then selecting ZIP codes with the highest number of juvenile probation referrals within each of those counties. The same methodology was used each year that the CYD program expanded. 2. Eligibility A. CYD programs serve youth ages 6 - 17 who live in and/or attend eligible schools in the 78415 ZIP code. Verification of addresses for registering youth is left up to the subcontractor, but must be done in good faith. B. Eligible public CYD Schools High Schools Mary Carroll High School, 5301 Weber Foy H. Moody High School, 1818 Trojan Drive Middle Schools Tom Browne Middle School, 4301 Schanen Blvd. Baker Middle School, 3445 Pecan Street South Park Middle School, 3001 McArdle Road Hamlin Middle School, 3900 Hamlin Drive Elementary Berlanga Elementary, 4120 Carroll Ln Early Childhood Development Center, 6300 Ocean Drive Fannin Elementary, 2730 Gollihar Galvan Elementary, 3126 Masterson Drive Hicks Elementary, 3602 McArdle Road Houston Elementary, 363 Norton Street Kostoryz Elementary, 3602 Panama Drive Sanders Elementary, 4102 Republic Drive Travis Elementary, 3210 Churchill Drive C. The target emphasis is 10 to 17 years of age. Youth 9 and under may be served but cannot exceed 30% for the entire fiscal year. Family members of eligible participants are eligible for services if the service involves the family, including the eligible youth participant, with the goal of preventing delinquency of the eligible youth. Family members eligible for such services are limited to those individuals who are related to and residing in the same Page 1 of 6 household as the eligible youth, including fictive kin and a non-custodial parent. Subcontractors must be conscious of youth that are over or under the age limits. Registration forms for each youth will be collected and reviewed for accuracy. D. As a prevention program, CYD is intended to serve youths who have not already been involved in the juvenile justice system, but who are at -risk of becoming involved. Youth whose cases are pre -adjudicated, informally adjudicated, or whose adjudication has been deferred are eligible for CYD services. Providers are not required to verify lack of involvement in the juvenile justice system but are required to complete risk factors for each youth. Identified Risk Factors Include: • Poor expressive language • Lack of self-control • A high degree of impulsiveness and hyperactivity • Aggressive temperament • Antisocial behavior • Friends who engage in "problem behavior" • Low school attendance • Parent/guardian(s) exhibit low school attainment and/or was a teen parent(s) • Poor parental/guardian supervision and harsh and erratic discipline • Parental conflict and/or single parent families • Parent/guardian with mental illness • Family history of problem behaviors such as parental drug use, domestic violence or criminal activity • History of maltreatment E. Local providers are not limited to serving only youth who are eligible for CYD services. It is necessary to note however, that only services provided to eligible youth, as defined above, can be reimbursed through CYD. Contractors must track and document services provided to eligible and non -eligible participants to support amounts billed to CYD and to determine CYD performance measures. 3. Scope of Services A. The CYD program will fund prevention services that are directly linked to juvenile delinquency prevention. Intervention services, including diversion programs, are not appropriate under the CYD model. To the greatest extent possible, services should be designed to appeal to those youth most vulnerable to juvenile delinquency. The Fiscal Agent (City) is responsible for ensuring an appropriate balance between intensive programs that serve a limited number of youth and less intensive programs that can serve greater numbers of youth. One-time events or services that only accrue a limited number of contact hours (e.g. only two hours per month) are not eligible for funding. If one-time activities are planned as a service, they should be an Page 2 of 6 added value for youth already participating and cannot be a stand-alone service. In determining which services will be funded, the Fiscal Agent with the help of the Review Committee will consider the overall potential impact on the ZIP code based on the number of youth to be served, the hours of intensity with the youth, the need in the community and other factors. B. A diverse array of services can be provided through the CYD program. Historically, the following types of services have been funded through CYD: youth leadership development, life skills development, character education, conflict resolution, cultural exploration, rites of passage programs, after-school enrichment and education, career exploration, structured recreational programs, youth sports, mentoring and programs that promote family support and involvement. Any activities related to boxing cannot be funded through the CYD program. Supplanting of funds is unallowable. For any service to be provided, the Fiscal Agent must ensure that services do not duplicate those already provided in the community through other funding sources, but do fill gaps in service and enhance or compliment other services. C. Program services must be easily accessible to youth, or the provider of the service must address transportation needs for any youth for whom lack of transportation would prevent full participation in CYD program activities. • Program services must be focused on enhancement of at least one of the following protective factors associated with juvenile delinquency prevention, including but not limited to: • Involvement with positive peer group activities and norms • Social competencies such as decision making skills, assertiveness and interpersonal skills • Caring adults other than parent • Strong bond between children and parents • Emotional support and absence of severe criticism • Clear rules and expectations • Involvement with school/community • Friendship network • Positive perception of self and others • Places high values on helping others • Sense of purpose D. Direct service staff of the Subcontractor must be at least 18 years of age, have a High School Diploma or GED, and 1 year of experience in the health and human services field to include work with youth. Page 3 of 6 E. Mandated/Core Services for the 78415 Zip Code as required by DFPS: Each Fiscal Agent (City) is required to provide four mandatory services; Youth Advisory Committee (YAC), Youth Leadership Development (YLD), Mentoring, and Parental Involvement either directly or indirectly through subcontract in addition to other services. These four services will take precedence over other programs when funding is considered. The four Core Services are as follows: 1. Mentoring Program Requirements • Mentoring must be conducted in individual or group settings and must primarily focus on facilitating an ongoing positive relationship between the target youth and a caring adult role model who provides help to the younger person as he or she goes through life. • Only face-to-face interactions will be considered direct services to youth. • If one-on-one mentoring is provided, there must be program guidelines for the mentoring process, recruitment and training of mentors, and management of the mentoring relationship to ensure client safety and positive outcomes. Program guidelines must address at least the following elements: o recruitment of mentors and mentees to include application and screening; o training of mentors to include number of hours, mode of training used, and topics or content; o a definition of mentoring; o the role of a mentor and a mentee; o expectations for the length of service and relationship for both the mentor and mentee; o description of the matching process; o allowable contact between a mentor and mentee (e.g. only at school or in community); o parental notification and/or consent requirements; o transportation of mentees; o guidelines for any financial transactions to include gifts; o risk assessment and management including safety concerns for mentors and mentees; o characteristics of mentees to include warning signs and problem solving for certain behaviors or crises such as self -harm, suicidal ideation, aggression, etc.; supervision and support provided to mentors; and termination and closure of a mentor or mentee relationship. Page 4 of 6 • Neither peer mentoring nor family mentoring programs satisfy this requirement. • Ninety percent (90%) of the youth who receive Mentoring services must be in the 4th -8th grades and be between the ages 9-14. F. Optional CYD Program Services: • Recreational Services: Rewarding, challenging, and age-appropriate activities provided in a safe, structured, and positive environment, with the intent of reducing delinquency by way of a socializing effect through which youth develop positive qualities. Examples may include organized sports, hobbies, music, arts and crafts and cultural activities. Boxing is not allowed. • Academic Support Services: Designed to increase student engagement in the learning process and hence academic performance and bonding to the school (e.g., cooperative learning techniques," experiential learning" strategies, tutoring and basic skill building). Note: This must not include preparation assistance for any standardized testing. G. MANAGEMENT OF CONTRACT The Contractor must keep in mind the performance measures that must be met along with paperwork and administration requirements that must be completed in performing the CYD contract. Requirements include but are not limited to: • Comply with all DFPS contract requirements that apply to subcontracts and follow the Contractor's policies and procedures as well as OMB and TAC guidelines when managing the fiscal, administrative and program aspects of CYD; • Have policies and procedures in place for ongoing management of the CYD Program including planning and oversight of the overall program; • Administrative management to include but not limited to personnel requirements, records maintenance, and DFPS Background Check requirements; • Program management to include quality assurance processes to ensure appropriate service delivery and progress towards contract performance measures; • Collection and submission of program forms and monthly participant data from youth, including but not limited to Registration Forms, Risk Factor Surveys, Pre & Post Tests, and Satisfaction Surveys; • Support and at a minimum monthly supervision of all staff that provide direct services to clients, including volunteers. This supervision must provide the direct staff and volunteers an opportunity to gain professional development, support, and advice about their work with the clients; Page 5 of 6 • Attendance at quarterly meetings and submission of quarterly reports; • Participation with CYD events and provider information meetings; • Collaboration with all CYD providers including participating in marketing of the program to the community; • Oversight to ensure that budget is appropriately managed to prevent any lapse in contract funds and ensuring that costs are reasonable, necessary, allowable and allocable under the contract and governing regulations (OMB circulars and the Texas Administrative Code). Page 6 of 6 Attachment B: Bid/Pricing Schedule Summary click Tier! fair i.1slmu;ia nk Corm unities In Schools CYD Application RFP No, 16 i Contractor inities In Schools of the Coastal Bend Contract No. Contract Period 09/01117 thru 08/31/2018 Cost Category A Grand Total e Reimbursable C Other (Match) (1A) Personnel - Salaries 130278 13027E Q (1B). Personnel - Fringe Berrelits 27753 27753 0 Subtotal 18031 169031 0 (2) Travel 37(10 3240 0 (3y Materials, Supplies, and Controlled Assets 100(1 4000 0 {4)fsauipmen#(FaentltaaselN rohase} 0 0 _ 0 3rlbtotal 7244 1240 0 {5) Other Costs i.Past bebw } 921 A t 215 L+ Subtotal 9216 9216 0 Foster or Day Care Total (per DFS unit rate below) Total. Direct Costs Total Indirect Costs (if applicable)o Grand Total 174489 174484 0 Unit Rate Contracts Amounts (a) Projected service urine (days, etc.) x 0 (b) Cost per unit of service (i.e., unit rates), x 0 (c) Fftjeoled clients to be served 0 Foster or Day Care Total 0 Date: z ***Communites In Schools of the Coastal Bend proposed to provide multiple services for the Community Youth Development Programs; they are being recommended for three programs at a do -no -exceed amount of $127,810.97. Attachment C: Insurance/Bond Requirements 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 Park & Recreation Director 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 insurance document. $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. 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. 2016 Insurance Requirements Park & Recreation CYD Program 08/16/2016 my Risk Management Attachment D: Warranty Requirements Warranty is not required for the service agreement, item 8. Warranty of this agreement is null. SERVICE AGREEMENT NO. 1190 Community Youth Development Program Services - Youth Leadership Development, Recreational Services, and Life Skills THIS Community Youth Development Program Services - Youth Leadership Development, Recreational Services, and Life Skills Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Youth Odyssey, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Community Youth Development Program Services - Youth Leadership Development, Recreational Services, and Life Skills in response to Request for Bid/Proposal No. 161 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Community Youth Development Program Services - Youth Leadership Development, Recreational Services, and Life Skills ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to four additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $50,000.00, subject to approved extensions and changes. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 8 Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Matthew Delgado Department: Park & Recreation Phone: (361) 826-4028 Email: MatthewDecctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 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. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Matthew Delgado Title: Program Manager Address: 615 Leopard St. Suite 105, Corpus Christi, TX 78401 Fax: (361) 826-4028 IF TO CONTRACTOR: Youth Odyssey, Inc. Attn: Rebekah A. Meyer Title: Executive Director City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 PO Box 331394, Corpus Christi, TX 78463 Fax: (361) 334-4254 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 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. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 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 Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 8 CONTRACTOR � TO1/'2- OR— Si nature: �_ ��t I ! Printed Name:pb l } Title: tX•ealk,\\ vg. 1:"")) c qz Date: 5 / 3 )1 i - CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 161 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 Attachment A: Scope of Work 1. Background A. The CYD program was established in 1995 with funds authorized by the 74th Legislature for the purpose of reducing juvenile crime in areas of Texas with a high incidence of juvenile crime. B. The selected ZIP codes were identified by a methodology developed by an interagency workgroup that defined guidelines for the CYD program. The methodology involved identifying Texas counties with the highest number of juvenile arrests for violent offenses and then selecting ZIP codes with the highest number of juvenile probation referrals within each of those counties. The same methodology was used each year that the CYD program expanded. 2. Eligibility A. CYD programs serve youth ages 6 - 17 who live in and/or attend eligible schools in the 78415 ZIP code. Verification of addresses for registering youth is left up to the subcontractor, but must be done in good faith. B. Eligible public CYD Schools High Schools Mary Carroll High School, 5301 Weber Foy H. Moody High School, 1818 Trojan Drive Middle Schools Tom Browne Middle School, 4301 Schanen Blvd. Baker Middle School, 3445 Pecan Street South Park Middle School, 3001 McArdle Road Hamlin Middle School, 3900 Hamlin Drive Elementary Berlanga Elementary, 4120 Carroll Ln Early Childhood Development Center, 6300 Ocean Drive Fannin Elementary, 2730 Gollihar Galvan Elementary, 3126 Masterson Drive Hicks Elementary, 3602 McArdle Road Houston Elementary, 363 Norton Street Kostoryz Elementary, 3602 Panama Drive Sanders Elementary, 4102 Republic Drive Travis Elementary, 3210 Churchill Drive C. The target emphasis is 10 to 17 years of age. Youth 9 and under may be served but cannot exceed 30% for the entire fiscal year. Family members of eligible participants are eligible for services if the service involves the family, including the eligible youth participant, with the goal of preventing delinquency of the eligible youth. Family members eligible for such services are limited to those individuals who are related to and residing in the same household as the eligible youth, including fictive kin and a non-custodial parent. Subcontractors must be Page 1 of 5 conscious of youth that are over or under the age limits. Registration forms for each youth will be collected and reviewed for accuracy. D. As a prevention program, CYD is intended to serve youths who have not already been involved in the juvenile justice system, but who are at -risk of becoming involved. Youth whose cases are pre -adjudicated, informally adjudicated, or whose adjudication has been deferred are eligible for CYD services. Providers are not required to verify lack of involvement in the juvenile justice system but are required to complete risk factors for each youth. Identified Risk Factors Include: • Poor expressive language • Lack of self-control • A high degree of impulsiveness and hyperactivity • Aggressive temperament • Antisocial behavior • Friends who engage in "problem behavior" • Low school attendance • Parent/guardian(s) exhibit low school attainment and/or was a teen parent(s) • Poor parental/guardian supervision and harsh and erratic discipline • Parental conflict and/or single parent families • Parent/guardian with mental illness • Family history of problem behaviors such as parental drug use, domestic violence or criminal activity • History of maltreatment E. Local providers are not limited to serving only youth who are eligible for CYD services. It is necessary to note however, that only services provided to eligible youth, as defined above, can be reimbursed through CYD. Contractors must track and document services provided to eligible and non -eligible participants to support amounts billed to CYD and to determine CYD performance measures. 3. Scope of Services A. The CYD program will fund prevention services that are directly linked to juvenile delinquency prevention. Intervention services, including diversion programs, are not appropriate under the CYD model. To the greatest extent possible, services should be designed to appeal to those youth most vulnerable to juvenile delinquency. The Fiscal Agent (City) is responsible for ensuring an appropriate balance between intensive programs that serve a limited number of youth and less intensive programs that can serve greater numbers of youth. One-time events or services that only accrue a limited number of contact hours (e.g. only two hours per month) are not eligible for funding. If one-time activities are planned as a service, they should be an added value for youth already participating and cannot be a stand-alone service. In determining which services will be funded, the Fiscal Agent with the help of the Review Committee will consider the overall potential impact on the ZIP code based on the number Page 2 of 5 of youth to be served, the hours of intensity with the youth, the need in the community and other factors. B. A diverse array of services can be provided through the CYD program. Historically, the following types of services have been funded through CYD: youth leadership development, life skills development, character education, conflict resolution, cultural exploration, rites of passage programs, after-school enrichment and education, career exploration, structured recreational programs, youth sports, mentoring and programs that promote family support and involvement. Any activities related to boxing cannot be funded through the CYD program. Supplanting of funds is unallowable. For any service to be provided, the Fiscal Agent must ensure that services do not duplicate those already provided in the community through other funding sources, but do fill gaps in service and enhance or compliment other services. C. Program services must be easily accessible to youth, or the provider of the service must address transportation needs for any youth for whom lack of transportation would prevent full participation in CYD program activities. • Program services must be focused on enhancement of at least one of the following protective factors associated with juvenile delinquency prevention, including but not limited to: • Involvement with positive peer group activities and norms • Social competencies such as decision making skills, assertiveness and interpersonal skills • Caring adults other than parent • Strong bond between children and parents • Emotional support and absence of severe criticism • Clear rules and expectations • Involvement with school/community • Friendship network • Positive perception of self and others • Places high values on helping others • Sense of purpose D. Direct service staff of the Subcontractor must be at least 18 years of age, have a High School Diploma or GED, and 1 year of experience in the health and human services field to include work with youth. E. Mandated/Core Services for the 78415 Zip Code as required by DFPS: Each Fiscal Agent (City) is required to provide four mandatory services; Youth Advisory Committee (YAC), Youth Leadership Development (YLD), Mentoring, and Parental Involvement either directly or indirectly through subcontract in addition to other services. These four services will take precedence over other programs when funding is considered. The four Core Services are as follows: 1. Youth Leadership Development (YLD) Program Requirements Page 3 of 5 • YLD must be offered to prepare youth to meet the challenges of adolescence through a series of structured, progressive activities and experiences that help them to develop leadership skills (such as conflict resolution, negotiation, communication skills, goal setting, team building, positive self-esteem, and empowerment). • The approach must view youth as resources and build on their strengths and capabilities to develop within their own community, and may include such things as service -learning components. • Youth must be offered YLD services at least one time per month. • The YAC group alone does not satisfy the requirement for a youth leadership development program. While all YAC participants must participate in YLD, a YLD program that is separate and distinct from the YAC must be offered with capacity to serve additional youth. F. Optional CYD Program Services: • Recreational Services: Rewarding, challenging, and age-appropriate activities provided in a safe, structured, and positive environment, with the intent of reducing delinquency by way of a socializing effect through which youth develop positive qualities. Examples may include organized sports, hobbies, music, arts and crafts and cultural activities. Boxing is not allowed. • Life Skills Classes: Provide youth participants with social, personal, and vocational skills and opportunities to help them achieve economic success, avoid involvement in criminal activity, and increase social competencies. (e.g., conflict resolution, anger management, healthy relationships, career exploration, and interviewing skills). G. MANAGEMENT OF CONTRACT The Contractor must keep in mind the performance measures that must be met along with paperwork and administration requirements that must be completed in performing the CYD contract. Requirements include but are not limited to: • Comply with all DFPS contract requirements that apply to subcontracts and follow the Contractor's policies and procedures as well as OMB and TAC guidelines when managing the fiscal, administrative and program aspects of CYD; • Have policies and procedures in place for ongoing management of the CYD Program including planning and oversight of the overall program; • Administrative management to include but not limited to personnel requirements, records maintenance, and DFPS Background Check requirements; • Program management to include quality assurance processes to ensure appropriate service delivery and progress towards contract performance measures; • Collection and submission of program forms and monthly participant data Page 4 of 5 from youth, including but not limited to Registration Forms, Risk Factor Surveys, Pre & Post Tests, and Satisfaction Surveys; • Support and at a minimum monthly supervision of all staff that provide direct services to clients, including volunteers. This supervision must provide the direct staff and volunteers an opportunity to gain professional development, support, and advice about their work with the clients; • Attendance at quarterly meetings and submission of quarterly reports; • Participation with CYD events and provider information meetings; • Collaboration with all CYD providers including participating in marketing of the program to the community; • Oversight to ensure that budget is appropriately managed to prevent any lapse in contract funds and ensuring that costs are reasonable, necessary, allowable and allocable under the contract and governing regulations (OMB circulars and the Texas Administrative Code). Page 5 of 5 Attachment B: Bid/Pricing Schedule Summary click here for instructions Budget Information Forms Contractor Youth Odyssey, Inc. Contract No. Contract PeriodSept 1, 2017 — Aug 31, 2018 Cost Category A Grand Total B Reimbursable C Other (Match) (1A) Personnel — Salaries 0 0 0 (1B) Personnel - Fringe Benefits 0 0 0 Subtotal 0 0 0 (2) Travel 0 0 0 (3) Materials, Supplies, and Controlled A 0 0 0 (4) Equipment (Rent/Lease/Purchase) 0 0 0 Subtotal 0 0 0 (5) Other Costs (list below) 131,681.00 40,000.00 91,681.00 Subtotal 131,681.00 40,000.00 91,681.00 Foster or Day Care Total (per DFPS unit rate below) Total Direct Costs Total indirect Costs (if applicable) % Grand Total 131,681.00 40,000.00 91,681.00 Unit Rate Contracts Amounts (a) Projected service units (days, etc.) x (b) Cost per unit of service (Le., unit rates) x (c( Projected clients to be served Foster or Day Care Total 0 Certified by: Name: Title: e d[ [Q_ 7; +'Ifs___ Date: b)115 -ii t- Iv 11.1MIT Youth Odyssey, Inc. 42 ***Youth Odyssey, Inc. proposed to provide multiple services for the Community Youth Development Programs; they are being recommended for three programs at a do -not -exceed amount of $50,000.00 Attachment C: Insurance/Bond Requirements 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 Park & Recreation Director 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 insurance document. $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. 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. 2016 Insurance Requirements Park & Recreation CYD Program 08/16/2016 my Risk Management Attachment D: Warranty Requirements Warranty is not required for the service agreement, item 8. Warranty of this agreement is null. SERVICE AGREEMENT NO. 1192 Community Youth Development Program Services - Youth Leadership Development, Recreational Services, and Life Skills THIS Community Youth Development Program Services - Youth Leadership Development, Recreational Services, and Life Skills Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and YWCA of Coprus Christi ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Community Youth Development Program Services - Youth Leadership Development, Recreational Services, and Life Skills in response to Request for Bid/Proposal No. 161 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Community Youth Development Program Services - Youth Leadership Development, Recreational Services, and Life Skills ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to four additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $74,533.76, subject to approved extensions and changes. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 8 Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Matthew Delgado Department: Park & Recreation Phone: (361) 826-4028 Email: MatthewDecctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 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. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Matthew Delgado Title: Program Manager Address: 615 Leopard St. Suite 105, Corpus Christi, TX 78401 Fax: (361) 826-4028 IF TO CONTRACTOR: YWCA Attn: Nancy Wesson -Dodd Title: President/CEO City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 4601 Corona, Corpus Christi, TX 78411 Fax: (361) 857-0254 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 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. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 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 Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 8 CONTRACTOR Signature: .dO2@44" Printed Name: a iic"• esso v- DO UD Title: -RY-e; Ad -1 e 'o Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment 8: Bid/Pricing Schedule Attachment C: insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: REB/RFP No. 161 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 Attachment A: Scope of Work 1. Background A. The CYD program was established in 1995 with funds authorized by the 74th Legislature for the purpose of reducing juvenile crime in areas of Texas with a high incidence of juvenile crime. B. The selected ZIP codes were identified by a methodology developed by an interagency workgroup that defined guidelines for the CYD program. The methodology involved identifying Texas counties with the highest number of juvenile arrests for violent offenses and then selecting ZIP codes with the highest number of juvenile probation referrals within each of those counties. The same methodology was used each year that the CYD program expanded. 2. Eligibility A. CYD programs serve youth ages 6 - 17 who live in and/or attend eligible schools in the 78415 ZIP code. Verification of addresses for registering youth is left up to the subcontractor, but must be done in good faith. B. Eligible public CYD Schools High Schools Mary Carroll High School, 5301 Weber Foy H. Moody High School, 1818 Trojan Drive Middle Schools Tom Browne Middle School, 4301 Schanen Blvd. Baker Middle School, 3445 Pecan Street South Park Middle School, 3001 McArdle Road Hamlin Middle School, 3900 Hamlin Drive Elementary Berlanga Elementary, 4120 Carroll Ln Early Childhood Development Center, 6300 Ocean Drive Fannin Elementary, 2730 Gollihar Galvan Elementary, 3126 Masterson Drive Hicks Elementary, 3602 McArdle Road Houston Elementary, 363 Norton Street Kostoryz Elementary, 3602 Panama Drive Sanders Elementary, 4102 Republic Drive Travis Elementary, 3210 Churchill Drive C. The target emphasis is 10 to 17 years of age. Youth 9 and under may be served but cannot exceed 30% for the entire fiscal year. Family members of eligible participants are eligible for services if the service involves the family, including the eligible youth participant, with the goal of preventing delinquency of the eligible youth. Family members eligible for such services are limited to those individuals who are related to and residing in the same household as the eligible youth, including fictive kin and a non-custodial parent. Subcontractors must be Page 1 of 5 conscious of youth that are over or under the age limits. Registration forms for each youth will be collected and reviewed for accuracy. D. As a prevention program, CYD is intended to serve youths who have not already been involved in the juvenile justice system, but who are at -risk of becoming involved. Youth whose cases are pre -adjudicated, informally adjudicated, or whose adjudication has been deferred are eligible for CYD services. Providers are not required to verify lack of involvement in the juvenile justice system but are required to complete risk factors for each youth. Identified Risk Factors Include: • Poor expressive language • Lack of self-control • A high degree of impulsiveness and hyperactivity • Aggressive temperament • Antisocial behavior • Friends who engage in "problem behavior" • Low school attendance • Parent/guardian(s) exhibit low school attainment and/or was a teen parent(s) • Poor parental/guardian supervision and harsh and erratic discipline • Parental conflict and/or single parent families • Parent/guardian with mental illness • Family history of problem behaviors such as parental drug use, domestic violence or criminal activity • History of maltreatment E. Local providers are not limited to serving only youth who are eligible for CYD services. It is necessary to note however, that only services provided to eligible youth, as defined above, can be reimbursed through CYD. Contractors must track and document services provided to eligible and non -eligible participants to support amounts billed to CYD and to determine CYD performance measures. 3. Scope of Services A. The CYD program will fund prevention services that are directly linked to juvenile delinquency prevention. Intervention services, including diversion programs, are not appropriate under the CYD model. To the greatest extent possible, services should be designed to appeal to those youth most vulnerable to juvenile delinquency. The Fiscal Agent (City) is responsible for ensuring an appropriate balance between intensive programs that serve a limited number of youth and less intensive programs that can serve greater numbers of youth. One-time events or services that only accrue a limited number of contact hours (e.g. only two hours per month) are not eligible for funding. If one-time activities are planned as a service, they should be an added value for youth already participating and cannot be a stand-alone service. In determining which services will be funded, the Fiscal Agent with the help of the Review Committee will consider the overall potential impact on the ZIP code based on the number Page 2 of 5 of youth to be served, the hours of intensity with the youth, the need in the community and other factors. B. A diverse array of services can be provided through the CYD program. Historically, the following types of services have been funded through CYD: youth leadership development, life skills development, character education, conflict resolution, cultural exploration, rites of passage programs, after-school enrichment and education, career exploration, structured recreational programs, youth sports, mentoring and programs that promote family support and involvement. Any activities related to boxing cannot be funded through the CYD program. Supplanting of funds is unallowable. For any service to be provided, the Fiscal Agent must ensure that services do not duplicate those already provided in the community through other funding sources, but do fill gaps in service and enhance or compliment other services. C. Program services must be easily accessible to youth, or the provider of the service must address transportation needs for any youth for whom lack of transportation would prevent full participation in CYD program activities. • Program services must be focused on enhancement of at least one of the following protective factors associated with juvenile delinquency prevention, including but not limited to: • Involvement with positive peer group activities and norms • Social competencies such as decision making skills, assertiveness and interpersonal skills • Caring adults other than parent • Strong bond between children and parents • Emotional support and absence of severe criticism • Clear rules and expectations • Involvement with school/community • Friendship network • Positive perception of self and others • Places high values on helping others • Sense of purpose D. Direct service staff of the Subcontractor must be at least 18 years of age, have a High School Diploma or GED, and 1 year of experience in the health and human services field to include work with youth. E. Mandated/Core Services for the 78415 Zip Code as required by DFPS: Each Fiscal Agent (City) is required to provide four mandatory services; Youth Advisory Committee (YAC), Youth Leadership Development (YLD), Mentoring, and Parental Involvement either directly or indirectly through subcontract in addition to other services. These four services will take precedence over other programs when funding is considered. The four Core Services are as follows: 1. Youth Leadership Development (YLD) Program Requirements Page 3 of 5 • YLD must be offered to prepare youth to meet the challenges of adolescence through a series of structured, progressive activities and experiences that help them to develop leadership skills (such as conflict resolution, negotiation, communication skills, goal setting, team building, positive self-esteem, and empowerment). • The approach must view youth as resources and build on their strengths and capabilities to develop within their own community, and may include such things as service -learning components. • Youth must be offered YLD services at least one time per month. • The YAC group alone does not satisfy the requirement for a youth leadership development program. While all YAC participants must participate in YLD, a YLD program that is separate and distinct from the YAC must be offered with capacity to serve additional youth. F. Optional CYD Program Services: • Recreational Services: Rewarding, challenging, and age-appropriate activities provided in a safe, structured, and positive environment, with the intent of reducing delinquency by way of a socializing effect through which youth develop positive qualities. Examples may include organized sports, hobbies, music, arts and crafts and cultural activities. Boxing is not allowed. • Life Skills Classes: Provide youth participants with social, personal, and vocational skills and opportunities to help them achieve economic success, avoid involvement in criminal activity, and increase social competencies. (e.g., conflict resolution, anger management, healthy relationships, career exploration, and interviewing skills). G. MANAGEMENT OF CONTRACT The Contractor must keep in mind the performance measures that must be met along with paperwork and administration requirements that must be completed in performing the CYD contract. Requirements include but are not limited to: • Comply with all DFPS contract requirements that apply to subcontracts and follow the Contractor's policies and procedures as well as OMB and TAC guidelines when managing the fiscal, administrative and program aspects of CYD; • Have policies and procedures in place for ongoing management of the CYD Program including planning and oversight of the overall program; • Administrative management to include but not limited to personnel requirements, records maintenance, and DFPS Background Check requirements; • Program management to include quality assurance processes to ensure appropriate service delivery and progress towards contract performance measures; • Collection and submission of program forms and monthly participant data Page 4 of 5 from youth, including but not limited to Registration Forms, Risk Factor Surveys, Pre & Post Tests, and Satisfaction Surveys; • Support and at a minimum monthly supervision of all staff that provide direct services to clients, including volunteers. This supervision must provide the direct staff and volunteers an opportunity to gain professional development, support, and advice about their work with the clients; • Attendance at quarterly meetings and submission of quarterly reports; • Participation with CYD events and provider information meetings; • Collaboration with all CYD providers including participating in marketing of the program to the community; • Oversight to ensure that budget is appropriately managed to prevent any lapse in contract funds and ensuring that costs are reasonable, necessary, allowable and allocable under the contract and governing regulations (OMB circulars and the Texas Administrative Code). Page 5 of 5 Attachment B: Bid/Pricing ScheduleW19 Summary chiLhcrc lin nn rucuaui, Contractor y600,11- Contract j (i0,r1' Contract No. Contract Period Cost Category A Grand Total B Reimbursable C Other (Match) (1A) Personnel - Salaries 53,040 0 0 (1B) Personnel- Fringe Benefits 6,110 0 0 Subtotal 59,150 0 0 (2) Travel 3,932 0 0 (3) Materials, Supplies, and ControlledA 4,947 0 0 (4) Equipment (Rent/Lease/Purchase) 2,407 0 0 Subtotal 11,286 0 0 (5) Other Costs (list below) 34,051 0 0 Subtotal 34,051 0 0 Foster or Day Care Totai (per DFPS unit rate below) Total DirectCosts Total Indirect Costs (if applicable) Grand Total 104,487 0 0 Unit Rate Contracts Amounts (a) Projected service units (days, etc.) x (b) Cost gerund. ofservice (i e.. unit rates)x (c) Projected clients tobeserved Foster or Day Care Total 0 Certified by: Name: Na. rtr y VesaoN-bo pA Title: Pr rd . '%CSD Date: g—/( ( r.1 ***YWCA of Corpus Christi proposed to provide multiple services for the Community Youth Development Programs; they are being recommended for three programs at a do -not -exceed amount of $74,533.76. Attachment C: Insurance/Bond Requirements 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 Park & Recreation Director 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 insurance document. $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. 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. 2016 Insurance Requirements Park & Recreation CYD Program 08/16/2016 my Risk Management Attachment D: Warranty Requirements Warranty is not required for the service agreement, item 8. Warranty of this agreement is null. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 23, 2017 Second Reading for the City Council Meeting of May 30, 2017 DATE: April 18, 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 at 115 Waco Street CAPTION: Case No. 0417-03 ERF Real Estate, Inc.: A change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District. The property to be rezoned is described as Blucher Subdivision A, Lot 10, located on the northwest corner of Waco Street and Kinney Street. PURPOSE: The purpose of this item is to rezone the property to allow development of an office. RECOMMENDATION: Staff Recommendation (April 19, 2017): Denial of the change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial, and in lieu thereof, approval of the "CI" Intensive Commercial District. Planning Commission (April 19, 2017): Approval of the change in zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District. Vote Results For: 8 Against: 1 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "IH" Heavy Industrial District to the "IL" Industrial District for the development of an office. The property to be rezoned is inconsistent with the Future Land Use Plan's designation of the property as Mixed Use as well as the Central Business ADP, which designates medium density residential use. It is Staffs opinion, that the requested rezoning will be inconsistent with the zoning and uses in the surrounding neighborhood which consist of commercial uses of offices and a nursery. The "Cl" Intensive Commercial District would accommodate the intended use at the most intense use prescribed by the Future Land Use Plan and Central Business ADP. ALTERNATIVES: 1. Approve 2. Approve with Conditions. 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Central Business Area Development Plan. The proposed rezoning to the "IL" Light Industrial 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 ERF Real Estate, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Blucher Subdivision A, Lot 10; from the "IH" Heavy Industrial District to the "IL" Light Industrial 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 ERF Real Estate, Inc. ("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 19, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District, and on Tuesday, May 16, 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 ERF Real Estate, ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Blucher Subdivision A, Lot 10, located on the northwest corner of Waco Street and Kinney Street (the "Property"), from the "IH" Heavy Industrial District to the "IL" Light Industrial District (Zoning Map No. 045044), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. 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. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor CALDW ELS1 CI , _00 V VP •1-°°°R RM -3 1&101f CI I . Pi, - - - - t 10 Z -urn SUBJECT PROPERTY 110 , cI is 0 CI fn 1 it0a 73 • I Fi eatrn\P /'9 0 = 0 2 -i IIIIn I 130r m fh 1 LOWS G1 al 10181; WM -- to - Amer —1 mussETT sr r 0 0 (13 z 0 Tao U7 V) KINK Sr 1 1 H 400 800 Date -Created: 4/5/2017 Prepare"b y eremyM +eparrm of opmenr entices-- CASE: 0417-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 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 LOCATION MAP Exhibit A Ordinance amending the Unified Development Code ("UDC"), upon application by ERF Real Estate, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Blucher Subdivision A, Lot 10; from the "IH" Heavy Industrial District to the "Cl" Intensive 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 ERF Real Estate, Inc. ("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 19, 2017, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District, and approval in lieu thereof "Cl" Intensive Commercial District, and on Tuesday, May 16, 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 ERF Real Estate Inc., ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Blucher Subdivision A, Lot 10, located on the northwest corner of Waco Street and Kinney Street (the "Property"), from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District (Zoning Map No. 045044), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. 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. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor CALDW ELS1 CI , _00 V VP •1-°°°R RM -3 1&101f CI I . Pi, - - - - t 10 Z -urn SUBJECT PROPERTY 110 , cI is 0 CI fn 1 it0a 73 • I Fi eatrn\P /'9 0 = 0 2 -i IIIIn I 130r m fh 1 LOWS G1 al 10181; WM -- to - Amer —1 mussETT sr r 0 0 (13 z 0 Tao U7 V) KINK Sr 1 1 H 400 800 Date -Created: 4/5/2017 Prepare"b y eremyM +eparrm of opmenr entices-- CASE: 0417-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 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 LOCATION MAP Exhibit A Aerial Overview <, tr,...,.��,,11'.u; . :;-_ :��`j IH 37, '. Aerial Map t N PLANNING COMMISSION FINAL REPORT Case No.: 0417-03 Infor No. 17ZN1012 Planning Commission Hearing Date: April 19, 2017 Applicant & Legal Description Applicant/Representative: Munoz Engineering Owner: ERF Real Estate, Inc. Location: 115 Waco Street Legal Description: Blucher Subdivision A, Lot 10, located on the northwest corner of Waco Street and Kinney Street. Zoning Request From: "IH" Heavy Industrial District To: "IL" Light Industrial District Area: 1.284 acres Purpose of Request: To allow for the construction of an office building. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IH" Heavy Industrial Vacant Mixed Use North "IH" Heavy Industrial Vacant Light Industrial Mixed Use South "Cl" Intensive Commercial Vacant Commercial Professional Office Mixed Use East "Cl" Intensive Commercial Public/Semi Public Mixed Use West "IH" Heavy Industrial Professional Office Mixed Use ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Central Business Area Development Plan and is planned for Mixed uses. The proposed rezoning to the "IL" Light Industrial District is inconsistent with the Future Land Use Map's designation of Mixed Use and the Central Business Area Development Plan, but is consistent with goals outlined in Plan CC. Map No.: 045044 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 300 feet of street frontage along Kinney Street which is designated as a Local Street and 225 feet of street frontage along Waco Street which is also designated as a Local Street. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Kinney Street Local 50' ROW 28' Paved 45' ROW 38' Paved Not Available Waco Street Local 50' ROW 28' Paved 60' ROW 25' Paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District to allow for the construction of an office building Development Plan: The subject property is comprised of 1.284 acres is proposed to be developed as a 6,500 square foot office building with a maximum occupant load of 65. Existing Land Uses & Zoning: The subject property is zoned "IH" Heavy Industrial District and is vacant. The north property is zoned "IH" Heavy Industrial District and has vacant and light industrial uses. The properties to the south are "Cl" Intensive Commercial District with vacant, commercial, and professional office uses. The eastern property is zoned "Cl" Intensive Commercial District with public/semi-public use. To the west is "Cl" Intensive Commercial District with professional office use. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Central Business Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Central Business ADP. The proposed rezoning is related to the following policies of the Comprehensive Plan: • Support future development by making a variety of land uses available, while working to ensure compatibility between existing and future land uses. (Central Business ADP, Objective LU 1). • Existing industrial zoning or land use changes to another or expanded industrial use shall be discouraged (Central Business ADP, Policy LU 1.4). • Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (Plan CC, Economy and Workforce, Goal 2). Staff Report Page 3 Department Comments: • Changes from one industrial use to another is discouraged in the Central Business ADP • There is not access to Collector or Arterial Streets to service vehicles typically used in industrial zoning • Use of the property as residential is not characteristic of the neighborhood. • An office use would be consistent with the surrounding businesses. • Residential use exists a block south of site. • Proposed use of office does not require the "IL" Light Industrial District. Staff Recommendation (April 19, 2017): Denial of the change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District, and in lieu thereof, approval of the "Cl" Intensive Commercial District. Planning Commission (April 19, 2017): Approval of the change of zoning from the "IH" Heavy Industrial District to the "IL" Light Industrial District. Vote Results: For: 8 Opposed: 1 Absent: 0 a Notification Number of Notices Mailed — 29 within 200' notification area; 1 outside notification area As of May 15, 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\0417-03 ERF Real Estate, Inc. (Child Advocacy Center)\Council Documents\0417-03 CC Report ERF Real Estate, Inc..docx - 1 L CALDW E" z MussETT sT — N m " � CI 1-. 0 100t4eRST*Iff 14 0 26 � 29 SUBJECT PROPERTY 0411 IH . 1 0 RM -3 13 W/2/4 0= 0 12 800 0 cI 111 LAREDC ST WE ro to n ON r N 0 N 0 ih Dare -Created: 4/5/2017 PrepaeedA y eremyM +eparrm of op mem entices -- CASE: 0417-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home nSubject Property with 200' buffer Owners E. favor 4 Gvvners within 200' listed on \/ Owners attached ownership table rn opposition LOCATION MAP AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting of May 23, 2017 Second Reading Ordinance for City Council Meeting May 30, 2017 DATE: TO: May 16, 2017 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Dan Grimsbo, Interim Executive Director of Utilities and Development DanG@cctexas.com (361) 826-1718 FROM: Esteban Ramos, Water Resource Manager, Water Utilities Development Esteban R2@cctexas.com (361) 826 -3294 Ordinance amending Chapter 55 of the City Code of Ordinances and Drought Contingency Plan regarding triggering criteria for Stage 1 and Stage 2 and Drought Best Management Practices for Stagel . CAPTION: Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153, to revise Drought contingency Stage 1 and 2 triggers and Drought Management Practices; authorizing amendment to the Drought Contingency Plan approved by Ordinance No. 029846 and amended by Ordinance No. 030545 to reflect the changes to Sections 55- 152 and 55-153; and providing for publication. PURPOSE: The purpose of this amendment is to provide for more efficient use of the water system and delay initiation of drought stage responses by removing conditions that Stage 1 is always in effect to quantifying the initiation to reflect consideration of the total system yield capacity and lowering the initiation percentage of Stage 2. BACKGROUND AND FINDINGS: The Water Resource Management Ordinance (Article XII of Chapter 55) provides the City legal authority to implement the Drought Contingency Plan (DCP) and Water Conservation Plan. The DCP outlines the best management practices to be taken by the City and Region to meet water demand during a period of water shortage or other emergency situation. One of the major changes to the DCP, which is our current 2015 DCP version was to extend the time that one -day -per -week irrigation is implemented. This was done by raising the trigger point of Stage 2 initiation from 40% combined reservoir capacity (of Lake Corpus Christi and Choke Canyon Reservoir) to 80% capacity. This decision was made because of the success on conservation achieved by residents during Stage 2 of the drought. Since then Stage 1 measures become year-round and conditions of the current Stage 2 have been initiated and sustained for over 24 months. This has resulted in a water use decline of over 10,000 ac -ft. calculated over the last Fiscal year. In addition, has been observed to have caused unnecessary burden on customers and staff and as such, On April 5, 2017 at the Utility Rate, Winter Averaging, & Drought Contingency Workshop City Council members directed Staff to recommend changes to the current Drought Contingency plan. The following changes were made to the drought contingency plan based on City Council Direction. Drought Stage Response CCR/LCC Combined Reservoir Storage Level 2015 Target Demand Reduction Levels 2015 CCR/LCC Combined Reservoir Storage Level 2017 Target Demand Reduction Levels 2017 Stage 1- Mild Always in effect Not Applicable <50% or if Lake Texana is <40% 5% Stage 2- Moderate <80% 10% <40% 10% Stage 3- Severe <30% 15% <30% 15% Stage 4- Critical <20% 30% <20% 30% Stage 5- Emergency Not Applicable 5 0Nt Applicable 50% ALTERNATIVES: None OTHER CONSIDERATIONS: This Ordinance takes effect upon newspaper publication after final Council approval and will be submitted to TCEQ and TWDB for review and adoption. CONFORMITY TO CITY POLICY: Yes this conforms to applicable regulations. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal 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): N/A Comments: N/A RECOMMENDATION: Approval of ordinance amendment as proposed and its supporting documents LIST OF SUPPORTING DOCUMENTS: Amended ordinance Amended Drought Contingency Plan Presentation Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153, to revise Drought contingency Stage 1 and 2 triggers and Drought Management Practices; authorizing amendment to the Drought Contingency Plan approved by Ordinance No. 029846 and amended by Ordinance No. 030545 to reflect the changes to Sections 55-152 and 55-153; and providing for publication. Section 1. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article XII Water Resource Management, Section 55-152 and Section 55-153, is amended, with the new text shown in underlined redline text, and the deleted text shown in redline strike through text, as follows: ARTICLE XII. - WATER RESOURCE MANAGEMENT Sec. 55-150. - Scope, purpose, authorization, and definitions. (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan and Drought Contingency Plan 2013, dated May 28, 2013, as amended by ordinance, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. (b) Declaration of policy. (1) It is hereby declared that the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2) In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health; i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest priority will be given to allocations which will result in the least Toss of employment to persons whose income is essential to their families. (c) Authorization. The city manager, or his designee, upon the recommendation of the assistant city manager, public works and utilities, is hereby authorized and directed to implement the applicable provisions of this article upon their determination that such implementation is necessary to protect the public welfare and safety. (d) Definitions. The following terms used in this article are defined as follows: (1) "City manager" means the city manager or the city manager's designee. (2) "Drip irrigation" means an irrigation system that applies water at a controlled low -flow levels directly to the soil. "Fountain" means an artificially created jet or stream of water; a structure, often decorative, from which a jet or stream of water issues. (4) "industrial customers use of water for processing" means the use of water in processes designed to convert materials of lower value into forms having greater usability. (3) Page 1 (5) "Non-essentialpurpose"means water uses that are not essential or not required for the protection of public health, safety and welfare. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-151. - Water conservation measures at all times. (a) The following measures are year-round water conservation best management practices that are in effect at all times, regardless of the reservoir levels or drought contingency levels: (1) Prohibition on wasting water: Actions leading to wasting of water are prohibited and will be enforced. No person shall: a. Allow water to run off property into gutters or streets. b. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out -of -repair water closets, underground leaks, defective or leaking faucets and taps. c. Allow water to flow constantly through a tap, hydrant, valve, or otherwise by any use of water connected to the city water system. d. Use any non -recycling decorative water fountain. e. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public rights-of-way. f. Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. (2) Time of irrigation: Irrigation by spray or sprinklers is prohibited between the hours of 10:00 a.m. and 6:00 p.m. It is still permissible to water by hand or by drip irrigation at any time of day, unless the city enters Stage 4 Drought. However, the use of water is permitted at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. Restaurant water saving: Commercial dining facilities must only serve water upon request. (3) (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24726, § I, 1-8-2002; Ord. No. 026235, § 1, 4-26- 2005; Ord. No. 026542, § 1, 11-15-2005; Ord. No. 028141, § 1, 4-28-2009; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-152. - Drought management: Drought contingency stages. (a) The level of drought severity determines the extent of potential water use restrictions that shall be implemented. Following are the levels of drought in the form of stages: (1) Stage 1: Mild water shortage watch. (2) Stage 2: Moderate water shortage condition. (3) Stage 3: Severe water shortage condition. (4) Stage 4: Critical water shortage condition. (5) Stage 5: Emergency water shortage condition. (b) Criteria for initiation and termination of drought response stages: (1) The city manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage, that is, Page 2 when the specified "triggers" are reached. However, the city manager, in the exercise of the city manager's discretion, may initiate or terminate any stage when the city manager deems necessary at any particular time. (2) The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. Whenever any of the stages listed below are triggered, the city manager shall publish a public notice of the particular stage, in the daily newspaper of general circulation in Nueces County. (4) To the extent of city's legal authority, the city manager shall require the city's raw water and wholesale treated water customers to issue public notice advising their water customers of conservation and drought management activities consistent with the stages listed below. (c) The triggering criterions are as follows: (1) Stage 1 - Mild water shortage watch: Requirements for initiation - Thi. stage +s-a;ways--i - effect. Customers shall be requested to voluntarily conserve water and adhere to rescribed restrictions on certain water used when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi declines below (50) per cent or Lake Texana storage level declines below (40) per cent. Requirement for termination - This stage is,always in effecA, Stage 1 of the DCP may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above C0) per cent or Lake Texana storage level increases above (50) per cent. Either of these conditions must exist for a period of 15 consecutive days before termination of Stage 1. (2) Stage 2 - Moderate water shortage condition: Requirements for initiation - The combined storage level for Choke Canyon Reservoir and Lake Corpus Christi declines to below fortyeighty (409(4) per cent. Requirement for termination - Stage 2 of the plan may be rescinded when the combined storage level increases above fiftvniflety (50(10) per cent for a period of fifteen (15) consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. Stage 3 - Severe water shortage condition: Requirements for initiation - The combined storage levels declines to below thirty (30) per cent. Requirement for termination - Stage 3 of the plan may be rescinded when the combined storage level increases above forty (40) per cent for a period of fifteen (15) consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. (4) Stage 4 - Critical water shortage condition: Requirements for initiation - The combined storage levels of Choke Canyon Reservoir and Lake Corpus Christi declines to below twenty (20) per cent. Requirement for termination - Stage 4 of the plan may be rescinded when the combined storage level increases above thirty (30) per cent for a period of fifteen (15) consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. Stage 5 - Emergency water shortage condition: Requirements for initiation - When the city manager, or designee, determines that a water supply emergency exists based on: (3) (3) (5) • A major water line breaks, or pump or system failures occur, which causes unprecedented Toss of capability to provide water service; or Page 3 • Water production or distribution system limitations; or • Natural or manmade contamination of the water supply source occurs. Requirement for termination - The emergency water shortage condition may be rescinded when the city manager, or designee, deems appropriate. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 1, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-153. - Drought management: Drought best management practices per stage. (a) In order to achieve water use reduction during drought, a series of best management practices will be enacted and enforced at each stage of a drought. These best management practices (BMP) are listed below by stage. During Stages 2, 3, and 4, requests for exceptions may be presented to the director of water operations or his designee.. (b) Stage 1 response - Mild water shortage watch. (1) Target: Because-Stago--1 is -always +a-e#act he wiler use in -this -stage will be -the basis fer r etl$m-targets-+r re sevoro drought stages -Achieve a voluntary (5) per cent reduction in daily water demand for each wholesale customers utilizing City's water supply system, (2) Best management practices for supply management: The city will enact voluntary measures to reduce or discontinue the flushing of water mains if practicable and utilize reclaimed water for nonpotable uses to the greatest extent possible. (3) Water use restrictions for reducing demand: a. Water customers are requested to voluntarily limit the irrigation of landscaped areas to once per week. The watering schedule will be determined by the city manager or designee. b. All operations of the City of Corpus Christi shall adhere to water use restrictions prescribed for Stage 2 of the plan. c. Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes. (c) Stage 2 response - Moderate water shortage conditions. (1) Target: During Stage 2, achieve a ten (10) per cent reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 1, the city will also do the following during Stage 2: a. Use more repair crews if necessary to allow for a quicker response time for water -line leak repair; and b. City crews (water and other departments) begin monitoring customers' compliance with Stage 2 restrictions during the course of their daily rounds. The following water use restrictions shall apply to all persons during Stage 2: a. Irrigation of landscaped areas with hose -end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day in accordance with drought contingency plan. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this (3) Page 4 restriction may be permitted, upon review and approval by the director of water operations or his designee for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the city water department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b. Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. c. Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure, the facility shall not be subject to these regulations. d. The use of water to maintain integrity of building foundations is permitted on any day at any time only by use of hand-held hose or drip irrigation. e. Except for immediate fire protection or flushing of water lines, the use of water from a hydrant is only allowed with a permit granted by the director of water operation or his designee and a construction meter obtained from the utility business office. (d) Stage 3 response - Severe water shortage conditions. (1) Target: During Stage 3, achieve a fifteen (15) per cent reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 2, the city will also do the following during Stage 3: a. Eliminate the flushing of water mains unless required for decontamination and/or public safety; and b. Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. Water use restrictions for demand reduction: All requirements of Stage 2 shall remain in effect during Stage 3 except as modified below: a. Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the director of water operations or his designee, for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the city water department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b. The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand-held hoses, hand-held buckets, or drip irrigation. (3) Page 5 (4) During Stage 3, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a. For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (e) Stage 4 response - Critical water shortage conditions. (1) Target: During Stage 4, achieve a thirty (30) per cent or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 4 water shortage conditions to discourage discretionary water use, as described in section 55-154 for retail customers and section 55-159 for wholesale customers. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 3, the city will also do the following during Stage 4: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. (3) Water use restrictions for demand reduction: All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as modified below: a. Irrigation of landscaped areas shall be prohibited at all times. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash and not in the immediate interest of public health, safety, and welfare is prohibited. c. The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and water parks (unless utilizing water from a non-city alternative source) is prohibited. d. The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 3 watering day and shall be done by hand or drip irrigation method. e. All fountains shall only operate to circulate water in order to maintain equipment. f. The use of water for construction purposes from designated fire hydrants with a special permit will continue with a ten (10) per cent surcharge added to the water rate. (4) During Stage 4, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a. No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b. For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. Stage 5 response - Emergency water shortage conditions. (1) Target: During Stage 5, achieve a fifty (50) per cent or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in section 55-154. During emergency conditions such as system outage, supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may (f) Page 6 be necessary with prior approval of the city manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the city, under the city manager's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the city, under the city manager's direction, will cease pumping from the Mary Rhodes Pipeline. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 4, the city will also do the following: • Call the ten (10) largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. Water use restrictions for demand reduction: During Stage 5, all requirements of Stage 2, 3, and 4 shall remain in effect except as modified below: a. Irrigation of landscaped areas is absolutely prohibited. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c. Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. (4) During Stage 5, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: For residential and multi -unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (3) (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 2, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015) Sec. 55-154. - Surcharges for drought Stages 3, 4 and 5, and service measures. (a) General. (1) The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The city council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. (2) This section, and the surcharges and measures adopted herein are an exercise of the city's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. With city council approval, the city manager or designee is authorized to determine trigger points and surcharges during Stages 3, 4 and 5 emergency water shortage conditions. (4) In this section, institutional customer means city utility customer which operates as a not-for-profit entity. A customer may appeal an allocation or drought surcharge triggering point established under this section to the director of water operations or his designee on grounds of unnecessary hardship through the process outlined in section 55-155. (3) (5) Page 7 (6) Drought surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the water department as reflected in the city operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to city council for city council direction. (b) Residential water customers, who are not billed through a master water meter. (1) A monthly base amount of three thousand (3,000) gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. (2) Above the three thousand (3,000) gallon monthly consumption trigger point, with city council approval, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. (1) Once Stage 2 condition has been declared, property managers of multi -tenant units shall notify the city director of water operations of number of residential units in their facility for determination of allocations. Until so notified, the city shall calculate the allocation based on two (2) residential units per master water meter. A monthly base amount of three thousand (3,000) gallons shall be established as a trigger point for each residential unit. (2) When consumption for the month is less than or equal to three thousand (3,000) gallons times the number of residential units, there will be no surcharge. With city council approval, when consumption is above the three thousand (3,000) gallons times the number of units, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (d) Commercial or institutional customer. (1) A monthly water usage allocation shall be established by the city manager or designee for each commercial or institutional customer. (2) Method of establishing allocation: a. When the combined reservoir capacity is less than twenty (20) per cent of total capacity (Stage 4), the commercial or institutional customer's allocation shall be ninety (90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, ninety (90) per cent of whose monthly usage is less than six thousand (6,000) gallons, shall be allocated six thousand (6,000) gallons. d. The city manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the city' utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager: 1. If one (1) nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or 2. If other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (3) Page 8 (e) Industrial customers, who use water for processing. (1) A monthly water usage allocation shall be established by the city manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). (2) Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is less than twenty (20) per cent of total capacity (Stage 4), the industrial customer allocation shall be ninety (90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly allocation shall be one -twelfth of ninety (90) per cent of the customer's maximum annual contracted amount until twelve (12) months of billing history are established. However if the industrial customer does not have a water contract and does not have at least twelve (12) months of billing history, then the new industrial customer will provide data regarding expected water use and city will determine allocation based on ninety (90) per cent of expected use to determine initial allocation until twelve (12) months of billing history are established. c. The city manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the city utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager, if: (f) 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. Commercial, institutional, and industrial customers shall pay the following drought surcharges: (1) Customers whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons per month: a. Five dollars ($5.00) per one thousand (1,000) gallons for the first one thousand (1,000) gallons over allocation. b. Eight dollars ($8.00) per one thousand (1,000) gallons for the second one thousand (1,000) gallons over allocation. c. Sixteen dollars ($16.00) per one thousand (1,000) gallons for the third one thousand (1,000) gallons over allocation. d. Forty dollars ($40.00) for each additional one thousand (1,000) gallons over allocation. Page 9 (g) (2) Customers whose allocation is twenty-one thousand (21,000) gallons per month or more: a. One (1) times the block rate for each one thousand (1,000) gallons in excess of the allocation up through five (5) per cent above allocation. b. Three (3) times the block rate for each one thousand (1,000) gallons from five (5) per cent through ten (10) per cent above allocation. c. Five (5) times the block rate for each one thousand (1,000) gallons from ten (10) per cent through fifteen (15) per cent above allocation. d. Ten (10) times the block rate for each one thousand (1,000) gallons more than fifteen (15) per cent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per one thousand (1,000) gallons at the regular water rate schedule at the level of the customer's allocation. Nonresidential customer is billed from a master meter. (1) When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the city). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the city) to the extent reasonable and practical under the circumstances. (h) For residential customers, the following measures come into effect after city council approves a drought rate surcharge; for nonresidential customers, these measures come into effect at Stage 4. Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds trigger point by four thousand (4,000) gallons or more two (2) or more times (which need not be consecutive months). (2) Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds trigger point by four thousand (4,000) gallons times the number of dwelling units or more two (2) or more times (which need not be consecutive months). Monthly nonresidential water usage for a customer whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons exceeds its allocation by seven thousand (7,000) gallons or more two (2) or more times (which need not be consecutive months). (4) Monthly nonresidential water usage for a customer whose allocation is twenty-one thousand (21,000) gallons or more exceeds its allocation by fifteen (15) per cent or more two (2) or more times (which need not be consecutive months). For residential customers and nonresidential customers, after the first disconnection, water service shall be restored upon request for a fee of fifty dollars ($50.00). For such customers, after the second disconnection, water service shall be restored within twenty- four (24) hours of the request for a fee of five hundred dollars ($500.00). (3) (5) (6) Page 10 (i) (7) (8) If water service is disconnected a third time for such customer, water service shall not be restored until the city re-enters a level of water conservation less than Stage 3. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. The city manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: (1) The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). (2) A sworn statement may be required of the customer. (3) This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. (j) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the city's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. (1) The goal for the length of such period is thirty (30) days, but a variance of two (2) days, more or less, will necessarily exist as to particular meters. (2) If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013) Sec. 55-155. - Requests for exemptions and variances. (a) The director of water operations or his designee, may, in writing, grant a temporary variance to any of the provisions for water users found in this article XII upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this article shall file request on city -provided application for exemption/variance with the city water department within five (5) days after a particular drought response stage has been invoked. All request forms shall be reviewed by the director of water operations or his designee, and shall include the following: (1) Name and address of the water user(s). (2) Purpose of water use. (3) Specific provision(s) of the ordinance from which the water user is requesting relief. (4) Detailed statement as to how the specific provision of the ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this plan. (5) Description of the exemption or variance requested. (6) Period of time for which the exemption or variance is sought. Page 11 (7) Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this plan and the compliance date. (8) Other pertinent information; or as required on permit application. (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this article occurring prior to the issuance of the exemption/variance. (d) All requests for variances/exemptions shall be reviewed and determined within three (3) business days of receipt of complete application. (e) The director of water operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. (f) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the director of water operations for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. A person denied request for permit or exception from these rules may appeal the decision to the assistant city manager for public works, utilities and transportation by submitting written request for appeal to the assistant city manager within five (5) business days from issuance of denial. The decision of the assistant city manager shall be final. (h) Violations of any permit condition may be enforced under section 55-156. (g) (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 3, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-156. - Violations, penalties, and enforcement. (a) A violation under this article is a class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by V.T.C.A., Penal Code § 6.02 is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. (e) (f) Page 12 (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-157. - Effluent distribution; permit and regulations. (a) Upon implementation of the City of Corpus Christi Water Conservation Pian as provided in this section, the city may make available effluent water discharged from its sewage treatment plants for the purpose of watering lawns, grass, and other plants, dust control and similar uses. (1) Such effluent water shall be made available only under the terms and conditions herein provided and only to such persons as are duly permitted as distributors as provided in this section. (2) The city shall be under no obligation to provide such effluent and reserves the right to discontinue such service at any time and to limit the volume and to establish or alter loading procedures and/or locations as necessary for the efficient administration of the wastewater division. (b) No effluent distribution permit shall be issued except upon application filed with the wastewater division of the city. Every such application shall contain the following information: (1) Name of applicant. (2) Name of authorized representative (e.g., president of corporation; partner, etc.) if applicant is other than an individual. (3) Business address and phone number. (4) Residence address and phone number of authorized individual representative. (5) Description of each vehicle and container unit to be used in the transportation or distribution of effluent water, including the make, year, model, type, weight and gross vehicle weight, container capacity in gallons, vehicle registration number, and the state safety inspection certificate number and expiration date. (6) Names and driver's license number of every proposed driver of such vehicles. (7) Statement of previous use of container units and any proposed use after or concurrently with such units use for effluent distribution. (8) Statement of the proposed uses of any effluent water, including whether the use is proposed for residential, commercial, or industrial purpose. (c) Upon the filing of the required application, and payment of the permit fee specified herein for each container unit, the wastewater superintendent, or the superintendent's designee, shall upon his determination that the applicant and vehicles and container units are in compliance with all applicable provisions of this article, issue a permit for each such container unit. (1) The permit shall identify the particular unit for which it is issued and shall be displayed in a prominent place upon the unit. (2) Each unit shall be separately permitted. (d) The permit fee shall be fifty dollars ($50.00) per month for each unit plus five dollars ($5.00) per month for each unit per one thousand (1,000) gallons of capacity (or portion thereof) over the first one thousand (1,000) gallons of capacity. (e) Permits shall be issued on a quarterly basis from the effective date of this plan; fee proration shall be on a monthly basis. (f) Notwithstanding subsection (g) of this section, a resident of the City of Corpus Christi may obtain effluent at no charge from a wastewater treatment plant, designated by the wastewater superintendent, for the irrigation of vegetation, dust control, or watering a foundation at the individual's personal residence. Page 13 (1) Any effluent received under this subsection may not be sold or transferred to another individual or used for commercial purposes. a. Before receiving effluent the resident must obtain a permit from the wastewater superintendent, or the superintendent's designee. b. Prior to receiving a permit, the resident must complete a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. c. Any container used to receive and transport effluent must have a lid or cap, be watertight, and be properly secured to the vehicle. d. All containers are subject to inspection and approval of the city health department or wastewater department. e. Any effluent received under this subsection must be immediately transported to the personal residence of the individual receiving the effluent and used for the irrigation of vegetation, dust control, or watering a foundation. f. The effluent may not be stored for future use. g• A resident using effluent for the irrigation of vegetation or dust control must post a sign on the property legible from the street stating that effluent is being used on the property. h. Every resident obtaining effluent under this subsection must either: 1. Provide proof of and maintain in force a property liability insurance policy (homeowner/renter) in the amount of three hundred thousand dollars ($300,000.00) per occurrence; or 2. Sign a form provided by the superintendent that releases the City of Corpus Christi from any liability resulting from the resident's improper use or transportation of the effluent and agree to hold the city harmless, including reimbursing the city for the costs of defending itself. Every effluent distribution permit shall be subject to the following terms and conditions and no person shall receive or distribute effluent water except in compliance herewith: (1) Container units or tanks shall have a minimum capacity of five hundred (500) gallons; shall be capable of being closed water -tight and shall be so closed during transport of effluent water; and shall be maintained in a leak -proof condition; provided, however, that special permits may be issued for container units with a capacity of less than five hundred (500) gallons upon the determination by the wastewater division superintendent that all other container unit specifications herein required have been met and that the particular container unit does not create an increased risk to the public health and safety. (2) No vehicle may be used in connection herewith which has not been reported on the application and approved for such use. Every driver or handler must be certified by the wastewater division prior to receiving any effluent water from the city. a. The wastewater division may certify a driver or handler who has completed a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. (4) Effluent water shall be used as soon as possible to prevent regrowth of bacteria. a. Permittees shall check effluent water in their units not less than every four (4) hours for chlorine residual, except for effluent stored in fixed -site containers which shall be checked not less than every eight (8) hours. Chlorine residuals shall be maintained at one (1) milligram per liter (parts per million) [one (1) mg/one (1) (ppm)), consistent throughout the effluent container. (3) (5) Page 14 (6) (7) (8) (9) The minimum quality of the effluent must not exceed conditions on the use of effluent set out in any permits or authorizations issued to the city by a federal or state regulatory agency or the applicable regulations of a federal or state regulatory agency. Effluent containers, including those used for storage, shall be subject to inspection and approval of the city health department or wastewater division, whose inspectors are hereby authorized to prohibit the use of any container or effluent water which is determined to be outside the parameters established in this section or is otherwise determined to present a danger to public health. Every permittee shall provide proof of, and shall maintain in force, a policy of comprehensive general liability insurance in the amount specified by the city's risk manager under section 17-19; or shall maintain a policy of general business liability insurance in the same or greater amount with a contractual liability endorsement; and shall maintain a policy of automobile liability insurance in the minimum amounts set by state law. The city shall be named as an additional insured on the general liability insurance policies. By acceptance of a permit under this section and/or receipt of effluent water from the city system, the permittee and/or recipient of such effluent agree to fully indemnify, save and hold harmless, the City of Corpus Christi, Texas, its agents and employees, from and against all claims and actions, and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to person or property in any way related to or in connection with the use or distribution of effluent water under this section. (10) Permittees shall provide a written notice to every person to whom effluent is furnished which shall state in not less than 10 -point type, substantially as follows: "CAUTION" "You are hereby advised that effluent water is the discharged water from a sewage treatment plant. The Director of Public Health has determined that improper use or handling could be harmful and recommends the following precautions: 1. Do not use effluent water for drinking, bathing, or personal hygiene purposes. 2. Do not use effluent water for washing autos, clothes, or other personal contact items. 3. Do not use effluent water in swimming pools or for similar recreational uses. 4. Do not allow children to play on grass wet with effluent water, wait until it dries. 5. Do not use effluent which has been stored for more than four (4) hours unless the chlorine residual level has been tested and is not less than one (1) part per million [one (1) mg/one (1)(p.m.)]. 6. Application of effluent shall be by coarse stream and shall not be by fine spray." (h) Violation of any of the cautions set forth in subsection (g)(10) of this section, by any person, is a violation of this section. Violation of any of the provisions of this section, in addition to the general penalties provided in this particle, shall result in denial or revocation of any such violator's effluent distribution permit. (1) (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001) Editor's note— Formerly numbered § 55-158. Sec. 55-158. - Operations plan for reservoir system. Page 15 To maximize the amount of water reliably available to the city and its water customers, the city manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows: (1) A minimum of two thousand (2,000) acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. (2) in order to provide maximum dependable yield from the two (2) reservoirs, the water level in Lake Corpus Christi will be allowed to drop to elevation seventy-four (74) feet before water is released from Choke Canyon Reservoir in excess of the two thousand (2,000) acre-feet per month requirement. Under the agreed order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21-3214, city shall: (1) reduce targeted inflows of water to Nueces Bay to one thousand two hundred (1,200) acre-feet when reservoir system storage falls below forty (40) per cent of capacity; and (2) suspend targeted inflows when reservoir system storage falls below thirty (30) per cent of capacity. (3) (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-159. - Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a) in the event that the triggering criterion specified in section 55-152 for Stage 3 have been met, the city manager, or designee, is hereby authorized to initiate allocation preparations of water supplies on a pro rata basis to raw water and wholesale treated water customers in accordance with V.T.C.A., Water Code § 11,039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the city manager, or the city manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. The city manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the city manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or (3) Page 16 c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. (b) Pro rata surcharges and enforcement. (1) During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: a. Two (2.0) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation up through five (5) per cent above the monthly allocation. b. Two and one-half (2.5) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from five (5) per cent through ten (10) per cent above the monthly allocation. c. Three (3.0) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from ten (10) per cent through fifteen (15) per cent above the monthly allocation. d. Three and one-half (3.5) times the normal water charge per unit for water diversions and/or deliveries more than fifteen (15) per cent above the monthly allocation. (c) Variances. (1) The city manager, or the city manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety, and if one (1) or more of the following conditions are met: a. Compliance cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. b. Alternative methods can be implemented which will achieve the same level of reduction in water use. (2) Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the city manager within five (5) days after pro rata allocation has been invoked. (3) All petitions for variances shall be reviewed by the city council, and shall include the following: a. Name and address of the petitioner(s). b. Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in this section adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this section. c. Description of the relief requested. d. Period of time for which the variance is sought. e. Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f. Other pertinent information. (4) Variances granted by the city council shall be subject to the following conditions, unless waived or modified by the city council: a. Variances granted shall include a timetable for compliance. Page 17 b. Variances granted shall expire when the pro -rata allocation of water to raw water or wholesale treated water customers is no longer in effect, unless the petitioner has failed to meet specified requirements. c. No variance shall be retroactive or otherwise justify any violation of this section occurring prior to the issuance of the variance. (d) Contractual remedies not affected. Nothing in this section supersedes any remedies available to the city under any contract with a raw water or wholesale treated water customer due to the customer's failure to adopt or impose water conservation measures required by the contract. (Ord. No. 24605, § 1, 10-9-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013) Editor's note— Formerly numbered § 55-159.1. Section 2. That the Drought Contingency Plan adopted by Ordinance No. 029846 and amended by Ordinance 030545 be amended to reflect these changes to Section 55-152 and 55-153, and the amended Drought Plan be filed of record with the City Secretary's office. City staff is directed to submit the amended drought plan to the Texas Commission on Environmental Quality and as required by law. Staff is directed to submit a copy of the revisions to Section 55-152 and 55-153 to wholesale water customers. Section 3. This ordinance shall be published in newspaper of general circulation. This Ordinance takes effect upon date of publication. Section 4. Severability it is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would not have been enacted by the City without the incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 5. The change in law made by this Ordinance applies only to an offense committed on or after the effective date of this Ordinance. An offense committed before the effective date of this Ordinance is governed by the Ordinance in effect when the offense was committed, and the former Ordinance is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Ordinance if any element of the offense occurred before that date. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017. by the following vote: Mayor McComb Rudy Garza Paulette Guajardo Michael Hunter Council Member Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Page 18 Mayor McComb Rudy Garza Paulette Guajardo Michael Hunter Council Member Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor Page 19 Drought Contingency Plan 1. Introduction This document is the Drought Contingency Plan (DCP) for the City of Corpus Christi (City). This DCP was created so that the City can cut back demand when supplies are low so the residents have enough water to make it through a drought. This DCP clearly explains the triggers initiated by a drought and the steps to be taken during each stage of a drought. There is also information in this DCP which explains the steps to be taken in a water emergency, such as when supplies are cut off or contaminated. This DCP is different from the Water Conservation Plan (WCP) because it only takes effect when there are drought conditions. The WCP is a year-round guide, regardless of the drought conditions, and contains several regular best management practices. The DCP has been prepared in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.20 for Municipal Uses by Public Water Suppliers. Since the City serves wholesale water customers, a Drought Contingency Plan for Wholesale Water Suppliers has also been included in Section 16 in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.22. 2. Declaration of Policy and Reason In order to conserve the available water supply, to protect the integrity of water supply facilities with particular regard for domestic water use, sanitation, and fire protection, to protect and preserve public health, welfare, and safety, and to minimize the adverse impacts of water - supply shortage or other water -supply emergency conditions, the City hereby adopts the following regulations and restrictions on the delivery and consumptions of water. The Water Resource Management Ordinance which gives the City the authority to regulate and enforce this DCP is included as a supporting document. Water uses regulated or prohibited under this DCP are considered to be non-essential, and continuation of such uses during times of water shortage or other emergency water -supply conditions are deemed to constitute a waste of water, which subjects the offender(s) to penalties as defined in Section 13 of this DCP. Since the City first started supplying its residents with water in the 1890s, the region has experienced several periods of drought. Over the years, supplies have been added and conservation measures have been strengthened to ensure water security for the residents and businesses of the region. However, with the variability of weather patterns in South Texas and a continually growing population, it is critical that the City plans for future drought conditions. Currently, the City's water supply system is comprised of three reservoirs: Lake Corpus Christi, Choke Canyon Reservoir and Lake Texana. However, the criteria to trigger drought response stages are based on the combined capacity of Lake Corpus Christi and Choke Canyon Reservoir. (See Section 8). Since Choke Canyon Reservoir filled in June 1987, the combined storage of Choke Canyon Reservoir and Lake Corpus Christi has exceeded 60% capacity only about 62% of the time. The water storage levels in Choke Canyon Reservoir and Lake Corpus Christi have generally been 2-4% higher since Lake Texana supplies were added in October 1998. Because of the frequency of drought in South Texas, the following DCP has been developed. This DCP adopts measures that will dramatically cut water consumption in order to conserve water supplies. 3. Public Education A public meeting to receive comments on the DCP was held at the City Council regular meeting on May 23th 2017 and was adopted by ordinance on May 30, 2017. The City will periodically provide the public with information about the DCP, including information about the conditions under which each stage of the DCP is to be initiated or terminated, and the drought response measures to be implemented in each stage. This information will be provided by utility bill inserts, notices in the Corpus Christi Caller -Times, and notice on the City's website (www.cctexas.com). Notification to the public about when drought stages go into effect or when restrictions are lifted is explained in more detail in Section 9. 4. Coordination with Regional Water Planning Groups The service area of the City of Corpus Christi is located within the Coastal Bend Regional Water Planning Area (Region N) and the City has provided a copy of this DCP to Region N in care of the Nueces River Authority. The City of Corpus Christi shall review and update, as appropriate, the DCP at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 5. Authorization The City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of the DCP upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency responses as described in this DCP. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any particular time. The City Manager shall notify the members of the City Council before implementing any measures. 6. Application The provisions of this DCP shall apply to all persons, customers, and property utilizing water provided by the City of Corpus Christi. The terms "person" and "customer" as used in the DCP include individuals, corporations, partnerships, associations, and all other legal entities. 7. Definitions For the purposes of this Chapter in this DCP, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use: water use which is integral to the operations of commercial, non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Contract (end-user) water customers: a private entity that has a contract with the City to receive raw or treated water supplies for its sole use (i.e. does not resell to other users). Customer: any person, company, or organization using water supplied by the City of Corpus Christi and paying a retail water bill. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and use. Institutional water use: the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison, or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way, and medians. Non-essential water use: water uses that are not essential or not required for the protection of public, health, safety, and welfare, including: • irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this DCP; • use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle; • use of water to wash down any impervious cover including sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -surfaced areas; • use of water to wash down buildings or structures for purposes other than immediate fire protection or health reasons; • flushing gutters or permitting water to run or accumulate in any gutter or street; • use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi -type pools; • use of water in an aesthetic feature including fountain or pond except where necessary to support aquatic life; • failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak; and • use of water from hydrants for construction purposes or any other purposes other than fire fighting or flushing needed to maintain chlorination levels and protect public health. Reservoir Capacity: the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, as measured in percentage of the full combined volume. Wholesale customers: any public or private utility that has a contract with the City to receive raw or treated water supplies and authority (through contracts) to resell this water to other users. 8. Criteria for Initiation and Termination of Drought Response Stages The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the DCP, that is, when the specified "triggers" are reached. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any time. This section explains the triggers of each stage. Best management practices and water use restrictions for each drought stage are described in Section 10. The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, based on the TCEQ 2001 Agreed Order (amended April 17, 2001) relating to inflows into Nueces Bay and Estuary. The full Agreed Order is in the Appendix. 8.1. Stage 1 — Mild Water Shortage Watch Requirements for initiation — Customers shall be requested to voluntarily conserve water and adhere to prescribed restrictions on certain water used when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi declines below 50 percent or Lake Texana storage level declines below 40%.. Requirement for termination — Stage 1 of the DCP may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above 60% or Lake Texana storage level increases above 50%. Either of these conditions must exist for a period of 15 consecutive days before termination of Stage 1. 8.2. Stage 2 — Moderate Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses described in Section 10 when the combined storage level declines to below 40 percent. Requirement for termination — Stage 2 of the DCP may be rescinded when the combined storage level increases above 50 percent for a period of 15 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. 8.3. Stage 3 — Severe Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 3 of this DCP when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 3 of the DCP may be rescinded when the combined storage level increases above 40 percent for a period of 15 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. 8.4. Stage 4 — Critical Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 4 of the DCP when the combined storage levels declines to below 20 percent. Requirement for termination — Stage 4 of the DCP may be rescinded when the combined storage level increases above 30 percent for a period of 15 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. 8.5. Stage 5 — Emergency Water Shortage Condition Requirements for initiation — Customers shall be required to comply with requirements and restrictions for Stage 5 of this DCP when the City Manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or man-made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City Manager, or designee, deems appropriate. 9. Drought Stages Response Notification The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and, in accordance with the triggering criteria set forth in Section 8 of this Chapter, shall determine that a mild, moderate, severe, critical, or emergency water shortage condition exists and shall implement the following notification procedures. Notification of the Public: The City Manager, or designee, shall notify the public for every change in drought stage status by any or all of the following: • City's website (www.cctexas.com) • Publication in the Corpus Christi Caller -Times • Notice on the monthly billing • Public Service Announcements • Signs posted in public places Additional Notification: The City Manager, or designee shall, at a minimum, notify directly, or cause to be notified directly, the following individuals and entities for every change in drought stage status: • Mayor and members of the City Council • Fire Chief • City and/or County Emergency Management Coordinator • County Judge and Commissioner(s) • Major water users (such as industries) • Critical water users (such as hospitals) • Parks/street superintendents and public facilities managers • Texas Commission on Environmental Quality (TCEQ) — note TCEQ executive director MUST be informed within five (5) business days of mandatory water use restrictions being imposed 10. Drought Best Management Practices per Stage A summary of water use reduction targets for each drought stage response is presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is included below. During Stages 2, 3, and 4, requests for exceptions may be presented to the Executive Director of Utilities or designee. Drought Stage Response CCR/LCC Combined Reservoir Storage Level Target Demand Reduction Levels Stage 1- Mild <50% or if Lake Texana is <40% 5% Stage 2- Moderate <40% 10% Stage 3- Severe <30% 15% Stage 4- Critical <20% 30% Stage 5- Emergency Not Applicable 50% 10.1. Stage 1 Response — MILD Water Shortage Watch Target: Achieve a voluntary 5% reduction in daily treated water demand relative to treated water demand with the water use restrictions below.. Best Management Practices for Supply Management: The City will enact voluntary measures to reduce or discontinue the flushing of water mains if practicable and utilize reclaimed water for non -potable uses to the greatest extent possible. The City will prioritize sources of supply not impacted by drought conditions, when available, including interruptible supplies from Lake Texana during times when Lake Texana water level is at or above 43 feet mean sea level in accordance with Lavaca-Navidad River Authority (LNRA) contract. Water Use Restrictions for Reducing Demand (a) Water customers are requested to voluntarily limit the irrigation of landscaped areas to once per week. The City Manager, or designee, will determine the watering schedule. (b) All operations of the City of Corpus Christi shall adhere to water use restrictions prescribed for Stage 2 of the DCP. (c) Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes. 10.2. Stage 2 Response — MODERATE Water Shortage Conditions Target: During Stage 2, achieve a 10% reduction in daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 1, the City will also do the following during Stage 2: • Use more repair crews if necessary to allow for a quicker response time for water -line leak repair; and • City crews (Water and other departments) begin monitoring customers' compliance with Stage 2 restrictions during the course of their daily rounds. Water Use Restrictions for Demand Reduction Under threat of penalty for violation, the following water use restrictions shall apply to all persons during Stage 2: a) Irrigation of landscaped areas with hose -end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day in accordance with Section 9. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the City Utilities Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Utilities Department. c) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Utilities Department infrastructure, the facility shall not be subject to these regulations. d) The use of water to maintain integrity of building foundations is limited to designated watering days and is only permitted by use of hand-held hose or drip irrigation. 10.3. Stage 3 Response — SEVERE Water Shortage Conditions Target: During Stage 3, achieve a 15% reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 2, the City will also do the following during Stage 3: • Eliminate the flushing of water mains unless required for decontamination and/or public safety; and • Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. Water Use Restrictions for Demand Reduction: All requirements of Stage 2 shall remain in effect during Stage 3 except as modified below: a) Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the City Utitlities Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Utilities Department infrastructure or done by means of hand-held hoses, hand- held buckets, or drip irrigation. Optional Measures: During Stage 3, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10.4. Stage 4 Response — CRITICAL Water Shortage Conditions Target: During Stage 4, achieve a 30% or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 4 water shortage conditions to discourage discretionary water use, as described in Section 11 for retail customers and Section 16.10 for wholesale customers. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 3, the City will also do the following during Stage 4: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. Water Use Restrictions for Demand Reduction: All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as modified below: a) Irrigation of landscaped areas shall be prohibited at all times. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash stations and not in the immediate interest of public health, safety, and welfare is prohibited. c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi -type pools, and water parks (unless non -city, alternative source) is prohibited. d) The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 3 watering day and shall be done by hand or drip irrigation method. e) All fountains shall only operate to circulate water in order to maintain equipment. Optional Measures: During Stage 4, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) No application for new, additional, expanded, or increased -in -size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10.5. Stage 5 Response — EMERGENCY Water Shortage Conditions Target: During Stage 5, achieve a 50% or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in Section 13. During emergency conditions such as system outage or supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the City Manager or designee. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager or designee's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the City, under the City Manager's direction, will cease pumping from the Mary Rhodes Pipeline. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 4, the City will also do the following: • Call the 10 largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. Water Use Restrictions for Demand Reduction: During Stage 5, all requirements of Stage 2, 3, and 4 shall remain in effect except as modified below: a) Irrigation of landscaped areas is absolutely prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c) Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. Optional Measure: During Stage 5, the following measure is an optional water use restriction that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 11. Surcharges for Drought Stages 3 — 5 and Service Measures (a) General 1. The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. 2. This section, and the surcharges and measures adopted herein are an exercise of the City's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. 3. With City Council approval, the City Manager is authorized to determine trigger points or allocations and surcharges during Stages 3, 4, and 5 Emergency Water Shortage conditions. 4. In this section, institutional customer means city utility customer which operates as a not-for-profit entity. 5. A customer may appeal an allocation or drought surcharge triggering point established under this Section to the Executive Director of Utilities or designee on grounds of unnecessary hardship, through the process outlined in Section 12. 6. Drought surcharge funds will first be applied towards annual debt service as reflected in the City operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed through a master water meter. 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. 2. Above the 3,000 gallon consumption trigger point, with City Council Approval, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. 1. Once Stage 2 condition has been declared, property managers of multi - tenant units shall notify the City Executive Director of Utilities of the number of residential units in their facility for determination of allocations. Until so notified, the City shall calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 2. When consumption for the month is less than or equal to 3,000 gallons times the number of residential units, there will be no surcharge. 3. With City Council approval, when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. 4. The customer is responsible for passing the demand charge onto the tenant. (d) Commercial or institutional customer 1. A monthly water usage allocation shall be established by the City Manager or designee for each commercial or institutional customer. 2. Method of establishing allocation: a. When the combined reservoir capacity is less than 20% of total capacity (Stage 4), the commercial or institutional customer's allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during previous 12 months prior to the implementation of Stage 2. b. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, 90 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 gallons. d. The City Manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, (1) if one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or (2) if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use water for processing. 1. A monthly water usage allocation shall be established by the City Manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). 2. Method of establishing allocation. a. When the combined reservoir capacity is less than 20% of total capacity (Stage 4), the industrial customer allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 2 b. If the customer's billing history is shorter than 12 months, the monthly allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. c. The City Manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. Commercial, institutional, and industrial customers shall pay the following surcharges: 1. Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation. c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation. d. $40.00 for each additional 1,000 gallons over allocation. 2. Customers whose allocation is 21,000 gallons per month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. 1. When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this DCP to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the City). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the City) to the extent reasonable and practical under the circumstances. (h) Water service to the retail water customer may be terminated under the following conditions: 1. Monthly residential water usage exceeds allocation by 4,000 gallons or more two or more times for any individual month after the implementation of Stage 4. Also, the two months need not be consecutive months. 2. Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds allocation by 4,000 gallons times the number of dwelling units or more two or more times (which need not be consecutive months). 3. Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). 4. Monthly nonresidential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). For residential customers and nonresidential customers whose allocation does not exceed 20,000 gallons, after the first disconnection water service shall be restored upon request for a fee of $50. 6. For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of $500. 7. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 3. 8. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. 9. For nonresidential customers whose allocation is 21,000 gallons per month or more: a. After the first disconnection water service shall be restored upon request for a fee in the amount of "X" in the following formula: X = $ 50 x Customer's Allocation in gallons / 20,000 gallons b. After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 3. d. The City Manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: 1. The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 2. A sworn statement may be required of the customer. 3. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. (j) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. 1. The goal for the length of such period is 30 days, but a variance of two days, more or less, will necessarily exist as to particular meters. 2. If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. 12. Requests for Exemptions and Variances (a) The Executive Director of Utilities or designee may, in writing, grant a temporary variance to any of the provisions for water users found in this DCP upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this Ordinance shall file request on City -provided application for exemption/variance with the City Utilities Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Executive Director of Utilities or designee, and shall include the following: 1. Name and address of the water user(s). 2. Purpose of water use. 3. Specific provision(s) of the Ordinance from which the water user is requesting relief. 4. Detailed statement as to how the specific provision of the Ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this DCP. 5. Description of the exemption requested 6. Period of time for which the exemption is sought. 7. Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this DCP and the compliance date. 8. Other pertinent information; or as required on permit application (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this DCP occurring prior to the issuance of the exemption/variance. (d) The Executive Director of Utilities or designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this DCP if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this DCP will result in unnecessary hardship, and so that the spirit of this DCP shall be observed and substantial justice done. (e) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Executive Director of Utilities or designee for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (f). A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant City Manager shall be final. (g) Violations of any permit conditions may be enforced under Section 13. 13. Enforcement (a) A violation under this article is a Class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. 14. Variances A temporary variance for existing water uses otherwise prohibited under this DCP may be obtained through the process outlined in Section 12. 15. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this DCP are severable and, if any phrase, clause, sentence, paragraph, or section of this DCP shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this DCP, since the same would not have been enacted by the City without the incorporation into this DCP of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16. Wholesale Drought Contingency Plan 16.1 Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and/or to protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Corpus Christi (City) adopts the following Wholesale Drought Contingency Plan (the Plan). 16.2 Public and Wholesale Customer Involvement The public was invited to view and make comments on the Plan during the regular meeting of City Council on June 23, 2015 at City Hall. The Plan was adopted under the open meetings requirement of the TCEQ during the July 14, 2015 City Council meeting. Amendments to the Plan were adopted on May 30, 2017 following a public hearing during the regularly scheduled meeting of City Council on May 23, 2017. 16.3 Wholesale Water Customer Education The City will periodically provide wholesale customers with information about the Plan, including information about conditions under which each stage of the Plan is to be initiated or terminated and drought response measures to be implemented in each stage. This information will be distributed by providing a copy of the Plan to each wholesale water customer. 16.4 Coordination with Regional Water Planning Groups The water service area of City of Corpus Christi and its wholesale water customers is located within the Coastal Bend Planning Region (Region N) and the City has provided a copy of the Plan to Region N. The City of Corpus Christi shall review and update, as appropriate, the drought contingency plan at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 16.5 Authorization The City of Corpus Christi City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. Wholesale customers are subject to the plan under their contracts with the City. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. The City Manager shall notify the TCEQ within five (5) business days of any mandatory water use restrictions being enacted. 16.6 Application The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. Every wholesale water contract entered into, renewed or modified after official adoption of this Plan (by either ordinance, resolution, or tariff) shall include language relating to the City of Corpus Christi Water Conservation Plan and Drought Contingency Plan, adopted under Ordinance Number 55- 151 to impose similar restrictions, surcharges or rationing measures on their customers. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement outdoor watering restrictions similar to those of the City for each drought response stage. The City requires that any contract for the resale of water furnished to wholesale water contractors shall contain a similar condition. 16.7 Triggering Criteria for Initiation and Termination of Drought Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Customer notification of the initiation or termination of drought response stages will be made by email, mail, or telephone. The news media will also be informed by the City. The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. The combined storage levels selected are based on the TCEQ 2001 Agreed Order on Freshwater Inflows to the Nueces Bay and Estuary (amended April 17, 2001). See Appendix. The triggering criterions in this section are minimum standards for initiation and maximum standards for termination, and the City Manager, or designee, can initiate or terminate each stage when conditions warrant. (a)Stage 1 — MILD Water Shortage Watch Requirements for initiation — The City will recognize that a mild water shortage condition exists when the combined storage level declines below 50% or Lake Texana storage level declines below 40%.. Requirement for termination — Stage 1 of the Plan may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above 60% pr Lake Texana storage level increases above 50%. Either of these conditions must exist for a period of 15 consecutive days before termination of Stage 1.. (b)Stage 2 — MODERATE Water Shortage Condition Requirements for initiation — The City will recognize that a moderate water shortage condition exists when the combined storage level declines below 40 percent. Requirement for termination — Stage 2 of the Plan may be rescinded when the combined storage level increases above 50 percent for a period of 15 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 2 in the same manner as the notification of initiation of Stage 1 of the Plan. (c)Stage 3 — SEVERE Water Shortage Condition Requirements for initiation — The City will recognize that a severe water shortage condition exists when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 3 of the Plan may be rescinded when the combined storage level increases above 40 percent for a period of 15 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 3. (d)Stage 4 — CRITICAL Water Shortage Condition Requirements for initiation — The City will recognize that a severe water shortage condition exists when the combined storage levels declines to below 20 percent. Requirement for termination — Stage 4 of the Plan may be rescinded when the combined storage level increases above 30 percent for a period of 15 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 4. (e)Stage 5 — EMERGENCY Water Shortage Condition Requirements for initiation — The City will recognize that an emergency water shortage condition exists when any of the following occur: i. A major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or ii. Water production or distribution system limitations; or iii. Natural or man-made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City of Corpus Christi City Manager, or designee, deems appropriate. The City will notify its wholesale customers and the media of the termination of emergency shortage condition in the same manner as the notification of initiation of Stage 1 of the Plan. 16.8 Drought Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in Section 16.7, shall determine that mild, moderate, or severe water shortage conditions exist or that an emergency condition exists and shall implement best management practices accordingly. For water contracts between the City and wholesale customers with specific reductions based on stage, wholesale water customers are to implement measures to achieve water use reduction targets specified in the contract. For other contracts, required adoption of a Drought Contingency Plan should strive to achieve the water use reduction targets for each drought stage response presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is described below. Drought Stage Response Reservoir Storage Level Target Demand Reduction Levels Stage 1- Mild <50% or if Lake Texana is 40% 5% Stage 2- Moderate <40% 10% Stage 3- Severe <30% 15% Stage 4- Critical <20% 30% Stage 5- Emergency Not Applicable 50% Stage 1 — MILD Water Shortage Conditions Target: Achieve a voluntary 5% reduction in daily water demand for each wholesale customers utilizing City's water supply system. Best Management Practices for Supply Management: • The City will voluntarily coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from gates or outlet works. • The City will encourage each wholesale water customer to utilize alternative water sources voluntarily such as interconnections with another water system, temporary use of a water supply other than from the City's system, or use of reclaimed water for non -potable purposes, etc. Water Use Restrictions for Reducing Demand: • The City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate voluntary measures to reduce water use (e.g. implement Stage 1 of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Stage 2 — MODERATE Water Shortage Conditions Target: Achieve a 10 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non - potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will initiate contact with wholesale water customers to discuss water supply and/or demand conditions and the possibility of pro rata curtailment of water diversions and/or deliveries. • The City of Corpus Christi City Manager, or designee, will request wholesale water customers to initiate mandatory measures to reduce non-essential water use (e.g. implement Stage 2 of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 40 percent of its conservation pool volume, and that a Stage 2 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 2 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 3 — SEVERE Water Shortage Conditions Target: Achieve a 15 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non - potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non- essential water use (e.g. implement Stage 3 of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate preparations for the implementation of pro rata curtailment of water diversions and/or deliveries in accordance with Texas Water Code §11.039 by preparing a monthly water usage allocation baseline for each wholesale customer according to procedures specified in 16.9 of the Plan. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 30 percent of its conservation pool volume, and that a Stage 3 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 3 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 4 — CRITICAL Water Shortage Conditions Target: Achieve a 30 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from project gates. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non - potable purposes, etc. Water Use Restrictions for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non- essential water use (e.g. implement Stage 4 of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in Section 16.9 of the Plan in accordance with Texas Water Code §11.039. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 20 percent of its conservation pool volume, and that a Stage 4 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 4 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 5 — EMERGENCY Water Shortage Conditions Whenever emergency water shortage conditions exist as defined in Section 16.7 of the Plan, the City of Corpus Christi City Manager, or designee, shall: • Assess the severity of the problem and identify the actions needed and the time required to solve the problem. • Inform the utility director or other responsible official of each wholesale water customer by telephone, email, or in person and suggest actions, as appropriate to alleviate problems (e.g., notification of the public to reduce water use until service is restored). • If appropriate, notify city, county, and/or state emergency response officials for assistance. • Undertake necessary actions, including repairs and/or clean-up as needed. • Prepare a post -event assessment report on the incident and critique of emergency response procedures and actions. 16.9 Pro Rata Water Allocation In the event that the triggering criteria specified in Section 16.7 of the Plan for Stage 4 have been met, the City of Corpus Christi City Manager, or designee, is hereby authorized to implement allocation of water supplies on a pro rata basis to raw water and treated wholesale customers in accordance with Texas Water Code §11.039. The initiation of pro rata allocation preparations shall begin during Stage 3. A provision will be included in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code §11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. 16.10 Pro Rata Surcharges and Enforcement During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: • 2.0 times the normal water rate per unit in excess of the monthly allocation up through 5 percent above the monthly allocation. • 2.5 times the normal water rate in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. • 3.0 times the normal water rate in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. • 3.5 times the normal water rate more than 15 percent above the monthly allocation. 16.11 Variances The City Manager, or designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met: (1) Compliance with this Plan cannot be technically accomplished during the duration of this water supply shortage or other condition for which the Plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the City Manager within 5 days after pro rata allocation has been invoked. All petitions for variances shall be reviewed by the City Manager, or designee, and shall include the following: (1) Name and address of the petitioner(s). (2) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (3) Description of the relief requested. (4) Period of time for which the variance is sought (5) Alternative measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (6) Other pertinent information. Variances granted by the City shall be subject to the following conditions, unless waived or modified by the City. (1) Variances granted shall include a timetable for compliance with allocation requirements. (2) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. 16.12 Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16.13 Reservoir System Operating Plan Because all the wholesale customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Attachment C. Public Hearing: Ordinance Amending Chapter 55: Water Resource Management & Drought Contingency Plan Council Presentation May 23rd , 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 — No irrigation by spray or sprinklers between the hours of 10 am and 6 pm. Drought Contingency Plan Next Steps • Receive and consider comments from today's public hearing. • Make necessary revisions to ordinance for Second Reading and Approval by City Council on May 30th , 2017. AGENDA MEMORANDUM First Reading of Ordinance for the City Council Meeting of May 16, 2017 Second Reading of Ordinance for the City Council Meeting of May 23, 2017 DATE: May 3, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha©cctexas.com (361) 826-3932 Amending Fire Prevention Code of Ordinance to Allow a Third -Party Reporting System CAPTION: Ordinance amending Corpus Christi Code of Ordinances, Fire Prevention Code to allow third - party inspection reporting system; authorizing the City Manager or designee to execute a one year agreement with Brycer, LLC, of Warrenville, IL for a third -party inspection reporting system; providing for penalties; providing for severance; and providing for publication. PURPOSE: The Corpus Christi Fire Department is currently responsible for tracking the inspection, testing, and maintenance of fire and life safety systems within the City of Corpus Christi. Agencies that have such systems installed are required to have their systems inspected and tested by a qualified contractor on a regular basis. The proposed ordinance would allow for a third -party (BRYCER, LLC) to provide a new reporting process to service providers who inspect and test fire protection and life safety systems. The web based service will aggregate, track and streamline the collection of compliance data. The service provider will pay a nominal filing fee to BRYCER, LLC at the time of submitting the report. The Fire Prevention Division will have access to the reports at no cost. BACKGROUND AND FINDINGS: None ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to allow for a third -party inspection reporting system. 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 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute a contract with Brycer, LLC to allow for a third -party inspection reporting system. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance 2) Contract Ordinance Amending Corpus Christi Code of Ordinances, Fire Prevention Code to allow third -party inspection reporting system; authorizing the City Manager or designee to execute a one year agreement with Brycer, LLC, of Warrenville, IL for a third -party inspection reporting system; providing for penalties; providing for severance; and providing for publication. WHEREAS, Corpus Christi Fire Department is currently responsible for tracking the inspection, testing, and maintenance of fire and life safety systems within the City of Corpus Christi. Occupancies that have fire and life safety systems installed are required by the Corpus Christi Fire Prevention Code to have the systems inspected and tested on a regular basis; WHEREAS, third party providers can provide simple internet based tools that fire prevention divisions can use to track and drive code compliance, reduce false alarm activity, provide a safer community, and facilitate a more efficient review, tracking, and follow-up process with occupants to correct deficiencies and maintain systems. WHEREAS, systems requiring submittal will include fire alarm systems, sprinkler systems, standpipes, commercial kitchen hood suppression systems, special suppression systems, private hydrants, fire pumps, and spray booths. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Corpus Christi Code of Ordinance, Chapter 18, Section 1 is amended to add Section 18-1 (b) (42) to read as follows: Section 107.3 of the International Fire Code is revised to read as follows: 107.3 Recordkeeping. A record of periodic inspections, tests, servicing and other operations and maintenance shall be maintained on the premises or other approved location for not less than 3 years, or a different period where specified in this code or referenced standards. Records shall be made available for inspection by the fire code official and a copy of the records shall be provided to the fire code official upon request. The fire code official is authorized to prescribe the form and format of such recordkeeping. The fire code official is authorized to require that certain required records be filed with the fire code official. The fire code official may utilize a third -party inspection reporting system for the prescribed recordkeeping. The administrative fee for submittals to third party inspection reporting system is $12.00 per system, per annum. Section 2. The City Manager or designee is authorized to execute a one year auto renewing agreement with Brycer, LLC of Warrenville, IL for a third -party inspection 1 reporting system with option to terminate with notice at least 90 days prior to autorenewal. Section 3. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 18-1(d), Code of Ordinances. Section 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for this purpose. Section 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 2 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor BRYCER, LLC 4355 Weaver Parkway Suite 330 Warrenville, IL 60555 January 19, 2017 City of Corpus Christi Fire Department 2406 Leopard, Suite #300 Corpus Christi, TX 78408 Attn: Fire Chief Robert Rocha Re: "The Compliance Engine" Dear: Chief Rocha We look forward to providing you with "The Compliance Engine" (the "Solution"). This proposal letter provides the basic terms by which Brycer, LLC ("Brycer") will provide you, City of Corpus Christi Fire Department("Client"), with the Solution. The use of the Solution and all matters between Brycer and Client will be subject to the standard "Terms and Conditions" attached to this proposal as Exhibit A. The basic terms are as follows: 1. Term: Brycer will provide Client with the Solution for one year, commencing (the "initial Term"). Thereafter, the Term shall automatically renew for successive one year period unless terminated by Brycer or Client in writing at least 90 days prior to the expiration of the then current Term (each, a "Renewal Term" and together with the Initial Term, the "Term"). Following the expiration or termination of the Term (as provided in the Terms and Conditions), Client shall stop using the Solution; provided, however, Brycer shall make available, and Client shall have the right to download, Client's data from the Solution for a period of 60 days after the expiration or termination of the Term. Client shall have the right to terminate this agreement upon giving 90 days written notice to Brycer. 2. Fees: Client shall not pay any fees for use of the Solution. Brycer will collect all fees due by third party inspectors in connection with activities relating to the Solution, which may be amended from time to time upon the written agreement of Brycer and Client. Please see Exhibit C for fee schedule. 3. Brvicer Responsibilities: During the Term, Brycer shall be responsible for the following in connection with Client's use of the Solution: • Availability. Brycer shall make the Solution available to Client as set forth on Exhibit B. The maintenance schedule and minimum service levels for the Solution are set forth on Exhibit B. • Service Level. Brycer shall provide commercially reasonable levels of customer service with respect to the Solution to all third parties who transact business with Client and access the Solution. • Backup. Brycer shall backup the database used in connection with the Solution to a separate server located within the same web hosting firm which the Solution is being 2232885/3/13399 000 hosted on a real time basis. Upon request by Client or made prior to or within 60 days after the effective date of termination of the Term, Br}cer will make available to Client a complete and secure (i.e. encrypted and appropriately authenticated) download file of Client data in XML format including all schema and attachments in their native format. Brycer shall maintain appropriate administrative, physical and technical safeguards for protection of the security. confidentiality and integrity of Client data. Brycer shall not (a) modify Client data or (b) disclose Client data except as required by law. • Retention of Information. Brycer will maintain all information entered into the database by third party inspectors for at least five (5) years from the time such information is entered into the database. • Notices. Brycer will be responsible for generating and delivering the following notices to third parties in connection with the Solution: (a) reminders of upcoming inspections that are due; (b) notices that an inspection is past due; and (c) notices of completed inspection reports which contain one or more deficiencies. • Call Center Phone calls by Brycer on behalf of the Client to the property for EACH life -safety system overdue for service based on dates automatically tracked within the TCE database. Brycer is not an agent of the Client and all scripts for the overdue calls will be approved by the Client. • Updates and Enhancements. In the event Brycer releases any updates, corrections, or enhancements to the Solution during the Term. Brycer shall promptly provide such updates or corrections to Client free of any charge or fee. 4. Client Responsibilities: During the Term, Client shall be responsible for the following in connection with Client's use of the Solution: • Operating System. Client shall be solely responsible for providing a proper operating environment, including computer hardware or other equipment and software, for any portion of the Solution installed on the Client's equipment (the "Client Access Software") and for the installation of network connections to the Internet. In addition to any other Client Access Software requirements, Client must use version Internet Explorer 11.0, Edge, Firefox version 37, Chrome 40 or Safari 7.1 (or more recent versions), in addition to having a .pdf reader installed on machines to view attachments. • Training. Client shall allow Brycer at Client's facilities to train all applicable personnel of Client on the use of the Solution. • Information. Client shall promptly provide Brycer with all appropriate information necessary for Brycer to create the database for the Solution, including without limitation: (a) all commercial building addresses within [jurisdiction] for Brycer's initial upload; and (b) quarterly updates to in a format acceptable to Brycer in its discretion. • Enforcement. Client shall take all actions necessary to require in writing (e.g. resolution, ordinance, fire policy, code amendment) the use of the Solution by third party inspection companies. • Reports. Client will require all compliant and deficient test results to be submitted. 5. Ownership of Data. Client owns all the data provided by Client and received from third party contractors for Client. Brycer shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Client's data. Please acknowledge your acceptance of this proposal and our standard Terms and Conditions by counter -signing this proposal below. We look forward to a long-term and mutually beneficial relationship with you. 22328853 13399.000 Acknowledged and Agreed to this _day of ,2Q [CLIENT] By: Its: 2232885/3/13399.000 Brycer, LLC By: Its: �r.&;.lr.,. Exhibit A Terms and Conditions Any capitalized terms not defined in these Terms and Conditions shall have the meaning assigned to it in that certain Letter Agreement attached hereto by and between Brycer, LLC and Client (the "Agreement). 1 Restrictions on Use. Client shall not copy. distribute, create derivative works of or modify the Solution in any way. Client agrees that (a) it shall only permit its officers and employees (collectively, the' Authorized Users") to use the Solution for the benefit of Client, (b) it shall use commercially reasonable efi'orts to prevent the unauthorized use or disclosure of the Solution; (c) it shall not sell, resell, rent or lease the Solution, (d) it shall not use the Solution to store or transmit infnnging or otherwise unlawful or tortious material, or to store or transmit material in violation of' third party rights: (e) it shall not interfere with or disrupt the integrity or performance of the Solution or third -party data contained therein. and (1) it shall not reverse engineer. translate, disassemble, decompilc or otherwise attempt to create any source code which is derived from the Solution. Client is responsible for all actions taken by the Authorized Users in connection with the Solution. 2 Pronrictary Rights. All right, title and interest in and to the Solution and any and all derivative works or modifications thereof (the Derivative Works"), and any accompanying documentation, manuals or other materials used or supplied under this Agreement or with respect to the Solution or Derivative Works (the "Documentation"), and any reproductions works made thereof, remain with Brycer. Client shall not remove tory product identification or notices of such proprietary rights from the Solution. Client acknowledges and agrees that, except for the limited use nghts established hereunder, Client has no nght, title or interest in the Solution, the Derivative Works or the Documentation. 3 Independent Contractor Nothing in the Agreement may be construed or interpreted as constituting either party hereto as the agent, principal. employee or joint venturer of the other. Each of Client and Brycer is an independent contractor. Neither may assume, either directly or indirectly, any liability of or for the other party. Neither party has the authority to bind or obligate the other party and neither party may represent that it has such authority. 4. Reservation of Rights. Brycer reserves the right. in its sole discretion and with prior notice to Client, to discontinue, add, adapt, or otherwise modify any design or specification of the Solution and/or Brycer's policies, procedures, and requirements specified or related hereto. All rights not expressly granted to Client are reserved to Brycer, including the right to pmvidc all or any part of the Solution to other parties. 5. Use of !Amos. During the term of this Agreement, Brycer shall have the right to use Client's logos for the purpose of providing the Solution to Client. 6. Confidential lnforttgttion. Brycer and Client acknowledge and agree that in providing the Solution. Brycer and Client, as the case may be, may disclose to the other party certain confidential, proprietary trade secret information ("Confidential Information"). Confidential Information may include, but is not limited to. the Solution, computer programs, flowcharts. diagrams, manuals, schematics, development tools. specifications, design documents, marketing information, financial information or business plans. Each party agrees that it will not, without the express prior written consent of the other party, disclose any Confidential Information or any part thereof to any third party. Confidential Information excludes information: (a) that is or becomes generally available to the public through no fault of the receiving party; (b) that is rightfully received by the receiving party from a third party without limitation as to its use: or (c) that is independently 223288513/13399.000 developed by receiving party without use of any Confidential Information. At the termination of this Agreement, each party will return the other party all Confidential Information of the other party Each party also agrees that it shall not duplicate. translate, modify. copy, printout, disassemble, decompile or otherwise tamper with any Confidential Information of the other party or any firmware, circuit board or software provided therewith. Notwithstanding the foregoing. the parties acknowledge that Client shall be permitted to comply with any all federal and state laws concerning disclosure. 7. Brycer Warranty Brycer represents and warrants to Client that Brycer has all rights necessary in and to any patent, copyright. trademark, service mark or other intellectual property right used in, or assoctated with. the Solution, and that Brycer is duly authorized to enter into this Agreement and provide the Solution to Client pursuant to this Agreement. 8. )7isclaimer All information entered into Brycer's database is produced by third party inspectors and their agents. THEREFORE, BRYCER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ENTERED INTO BRYCER'S DATABASE BY EITHER CLIENT OR THIRD PARTY INSPECTORS. EXCEPT AS SET FORTH IN SECTION 7, BRYCER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOLUTION OR ANY OTHER INFORMATION AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED. ARE HEREBY DISCLAIMED. INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRYCER'S SOLE LIABILITY FOR BREACH OF THE REPRESENTATION AND WARRANTY SET FORTH IN SECTION 7, AND CLIENTS SOLE REMEDY, SHALL BE THAT BRYCER SHALL INDEMNIFY AND HOLD RECIPIENT HARIIILESS FROM AND AGAINST ANY LOSS, SUIT, DAMAGE. CLAIM OR DEFENSE ARISING OUT OF BREACH OF THE REPRESENTATION AND WARRANTY. 9 LIMITATION ON DAMAGE. EXCEPT AS OTHERWISE PROVIDED IN SECTION 7, IN NO EVENT SHALL BRYCER BE LIABLE FOR OR OBLIGATED IN ANY MANNER FOR SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE. LOSS OF PROFITS OR SYSTEM DOWNTIME. CLIENT ACKNOWLEDGES AND AGREES THAT IN NO CASE SHALL BRYCER 'S LIABILITY FOR ANY LOSS OF DATA OR DATA INTEGRITY EXCEED THE REPLACEMENT COST OF THE MEDIA ON WHICH THE DATA WAS STORED. 10 Risks Inherent to intense( Client acknowledges that. (a} the Internet is a worldwide network of computers. fb) communication on the Internet may not be secure. (c) the Internet is beyond the control of Brycer, and (d) Brycer does not own. operate or manage the Internet. Client also acknowledges that there are inherent risks associated with using the SGIution, including but not limited to the risk of breach of security. the risk of exposure to computer viruses and the risk of interception. distortion. or loss of communications. Client assumes these risks knowingly and voluntarily and indemnifies and holds Brycer harmless from all liability from all such risks. Not in limitation of the foregoing, Client hereby assumes the risk, and Brycer shall have no responsibility or liability of any kind hereunder, for: (I) errors in the Solution resulting from misuse. negligence, revision, modification. or improper use of all or any part of the Solution by any entity other than Brycer or its authorized representatives; (2) any version of the Solution other than the then-currem unmodified version provided to Client. (3) Client's failure to timely or correctly install any updates to the Client Access Software; (4) probkms caused by connecting or failure to connect to the Internet; (5) failure to provide and maintain the technical and connectivity configurations for the use and operation of the Solution that meet Bryccr's recommended requirements; (6) nonconformities resulting from or problems to or caused by non-Brycer products or services: or (7) data or data input, output, accuracy, and suitability, which shall be deemed under Client's exclusive control. 11. Indemnity. Brycer (the "Indemnifying Party") will defend and indemnify the Client against any damages, losses, liabilities, causes of action, ensu or expenses (including reasonable attorneys' fees) arising from the Brycer's breach of this Agreement. gross negligence or intentional misconduct Brycer will defend and indemnify Client against any damages, losses. liabilities. costs or expenses (including reasonable attorneys' fees), claims, demands, suits or proceedings made or brought against Client by a third party in connection with Client's or an Authorized User's use of the Solution. or any action or inaction taken by a third party, including, but not limited to. third party inspectors, in connection with such third party providing services for Client or otherwise at Client's or an Authorized User's request or direction 12 loch Brycer shall have the right to terminate or suspend this Agreement, and all of Client's rights hereunder, immediately upon delivering written notice to Client detailing Client's breach of any provision of this Agreement. If Client cuffs such breach within 5 days of receiving written notice thereof, Brycer shall restore the Solution and Client shall pay any fees or costs incurred by Brycer in connection with the restoration of the Solution. 13 )llegal Payments Client acknowledges and agrees that it has not received or been offered any illegal or improper hnbe. kickback, payment, gift or anything of value from any employee or agent of Brycer in connection with the Agreement. 14 Benctj juries. There are no third party beneficiaries to the Agreement. 15 force Maieure. Neither party shall be responsible for any failure to perforin due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authonties, lire, floods. earthquakes, blackouts. accidents, or strikes. In the event of any such delay, any applicable period of time for action by said party may be deferred for a period of time equal to the time of such delay, except that a party's failure to make any payment when due hereunder shall not be so excused, 16 Notices. All notices requited in the Agreement shall be etTective. (a) if given personally, upon receipt; (b) if given by facsimile or electronic mail, when such notice is transmitted and confirmation of receipt obtained; (c) if mailed by certified mail. postage prepaid, to the last known address of each party, three business days atter mailing: or (d) if delivered to a nationally recognized overnight coiner service, one business day after delivery 17 Assianmcnl. The Agreement may not be assigned or transferred by Client without the prior written consent of Brycer and any purported transfer in 'iolation of this section shall be null and void. The Agreement shall be binding upon and inure to the 223288513!13399 000 benefit of the panics thereto and their respective successors and representatives 18. JURISDICTION AND VENUE. THE AGREEMENT SHALL. BE GOVERNED BY, CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, AND ENFORCEABLE UNDER_ THE LAWS OF THE STATE OF TEXAS. THE PARTIES IRREVOCABLY AGREE THAT ALL ACTIONS OR PROCEEDINGS IN ANY WAY. MANNER OR RESPECT ARISING OUT OF OR FROM OR RELATED TO TIIE: AGREEMENT SHALL BE LITIGATED ONLY IN COURTS LOCATED WITHIN NUECES COUNTY. STATE OF TEXAS,. THE PARTIES HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY LOCAL. STATE OR FEDERAL COURT LOCATED WITHIN SAID STATE AND COUNTY. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRANSFER OR CHANGE VENUE OF ANY SUCH ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. 19. Attorneys" Fees. The prevailing party in any proceeding in connection with the Agreement shall be entitled to recover from the non -prevailing party all costs and expenses, including without limitation. reasonable attorneys' and paralegals' fees and costs incurred by such party in connection with any such proceeding. 20. Entire Agreement. The Agreement sets out the entire agreement between the parties relative to the subject matter hereof and supersedes all prior or contemporaneous agreements or representations. oral or written. 21. Amendment. The Agreement may not be altered or modified. except by written amendment which expressly refers to the Agreement and which is duly executed by authorized representatives of both paries. The waiver or failure by either parry to exercise or enforce any right provided for in the Agreement shall not be deemed a waiver of any further right under the Agreement. Any provision of the Agreement held to be invalid under applicable law shall not render the Agreement invalid as a whole, and in such an event, such provision shall be interpreted so as to best accomplish the intent of the paries within the limits of applicable law. The Agreement may be executed by facsimile and in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument 77 fspjration. The rights and obligations contained in these Tents and Conditions shall survise any expiration or termination of the Agreement 23. Certificate of Interested Panics, Consultant agrees to comply with Texas Government Cade section 2252,908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities These interested parties include: (1) persons with a -controlling interest" in the entity, which includes: a. :an ownership interest or participating interest in a business entity by virtue of units. percentage, shares, stock or otherwise that exceeds 10 percent: b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members, or c. service as an officer of a business entity that has four or fewer officers. or service as one of the four officers most highly compensated by a business entity that has more than four officers (2).a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental critic) or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at hnpsJ/www,cthi s.statc.tx.ustwhntsnew/elf_info form1293 hurt The form must then be printed, signed, notarized and filed with the City For more information, please review the Texas Ethics Commission Rules at hups Jlwwyy.cal ics.statc. tx,us/Iegal/ch46.html 2232885/3/13399.000 24 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For mare information end to determine if you need to file a Farm CIQ, please review the information on the City Secretary's website al http://www,cctexas,cont/r ovcrnm nt/city- S relarr/conflict-disclosure/index Exhibit B Maintenance Schedule and Minimum Service Levels 1. Uptime and Maintenance. The Solution shall be available 24 hours per day during the term of this Agreement. The Solution shall be fully functional, timely and accessible by Client at least 99.5% of the time or better and Brycer shall use reasonable efforts to provide Client with advance notice of any unscheduled downtime. Response Time. Brycer shall respond to telephone calls from Client within two hours of the call and/or message and all emails from Client within two hours of the receipt of the email. 3. Customer Support Customer support hours are 24/7.'365. The toll free number is 1-855-279-2371 Brycer will assign client a dedicated customer representative with direct access to their email and work number. BRYCER PRICING MODEL THE COMPUANCE ENGINE BY BIt(CER System Type Submittal Option Price Billing Frequency Active Smoke Control System Annual $12.00 Annual Automatic Closing Fire Assemblies (Fire Door) Annual $12.00 Annual Automatic Fire Sprinkler System Annual, Quarterly, Monthly $12.00 Annual Clean Agent Annual, Semi -Annual $12.00 Per Submittal Commercial Kitchen Exhaust System (Cleaning) Annual, Semi -Annual Quarterly, Monthly $12.00 Per Submittal Commercial Kitchen Hood Suppression System Semi -Annual $12.00 Per Submittal Emergency Generator Annual $12.00 Annual Emergency Responder Radio Amplifier Annual $12.00 Annual Fire Alarm System Annual, Quarterly, Monthly $12.00 Annual Fire Escape Annual, 5 -Year $12.00 Annual Fire Pump Annual, Quarterly, Monthly $12.00 Annual Private Hydrant System Annual $12.00 Annual Special Suppression System Annual, Semi -Annual $12.00 Per Submittal Spray Booth Annual, Semi -Annual $12.00 Per Submittal Standpipe Annual, 5 -Year $12.00 Annual Exhibit C CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-179802 Date Filed: 03/17/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. BRYCER, LLC Warrenville, IL United States 2 Name of governmental entity or state agency that is a parry to the contract for which the form is being filed. City of Corpus Christi Fire Department 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. 171073 Web based compliance software 4 Name of Interested Party City, State, Country (piece of business) Nature of interest (check applicable) Controlling 1 Intermediary MDR Capital, LLC Wheaton, IL United States X Bryan, Schultz Warrenville, IL United States X Matthew, Rice Warrenville, IL United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX Sworn 20 �{ I I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. '•�� OFFICIAL SEAL NICOLENONO NOTARY PUBLICC -STATTE OFF ILLINOIS MY COMMISSION EXPIRES:03105/19 Signature of authorized agent of contracting business entity j� CGThatJ 1C[� I 1 , this the 7 day of Mara) NOTARY STAMP to and subscribed L7 , to certify / SEAL ABOVE before me by the said which, witness my hand and seal of office. dCol( - - v cou of officer administering oath A i, Signature of officer administer ng oath Pr need name of officer administering oath Title Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 16, 2017 Second Reading Ordinance for the City Council Meeting of May 23, 2017 DATE: May 9, 2017 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manager FROM: Eddie Houlihan, Director of Management and Budget EddieHo@cctexas.com (361) 826-3792 Mid -Year Budget Adjustment CAPTION: Ordinance amending current Operating Budget adopted by Ordinance No. 030965 as follows: a) increase revenues by $2,423,308 due to increased stop loss reimbursements and increase appropriations by $6,000,000 due to increased health care costs in the Citicare Group Health Fund; (b) increase revenues by $1,770,576 due to increased stop loss reimbursements and increase appropriations by $3,800,000 due to increased health care costs in the Police Group Health Fund; (c) increase revenues by $246,476 due to increased stop loss reimbursements and increase appropriations by $800,000 due to increased health care costs in the Fire Group Health Fund PURPOSE: This action increases revenues and appropriations in the Citicare, Police and Fire Group Health Funds to the updated current estimated amounts. BACKGROUND AND FINDINGS: Health care costs have continued to escalate through the first seven months of the current fiscal year. The number and cost of catastrophic claims has also increased significantly. ALTERNATIVES: The City Council can choose to not approve the ordinance. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY DEPARTMENTAL CLEARANCES: • Office of Management and Budget • Human Resources • Legal FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense X Revenue ❑ CIP FISCAL YEAR: 2016 - 2017 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget $35,207,906 Encumbered/Expended amount of (date) This item $10,600,000 BALANCE $45,807,906 Fund(s): Citicare, Police and Fire Group Health Funds Revenues in the three funds will increase by $4,440,360, from the adopted budget amount of $31,040,773 to an amended budget amount of $35,481,133. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending current Operating Budget adopted by Ordinance No. 030965 as follows: (a) increase revenues by $2,423,308 due to increased stop loss reimbursements and increase appropriations by $6,000,000 due to increased health care costs in the Citicare Group Health Fund; (b) increase revenues by $1,770,576 due to increased stop loss reimbursements and increase appropriations by $3,800,000 due to increased health care costs in the Police Group Health Fund; and (c) increase revenues by $246,476 due to increased stop loss reimbursements and increase appropriations by $800,000 due to increased health care costs in the Fire Group Health Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2016-2017 Operating Budget adopted by Ordinance No. 030965 is amended to increase revenues by $2,423,308 and increase appropriations by $6,000,000 due to increased health care costs in the CitiCare Group Health Fund due to increased stop loss reimbursements. SECTION 2. The FY2016-2017 Operating Budget, adopted by Ordinance No. 030965, is amended to increase revenues by $1,770,576 due to increased stop loss reimbursements and increase appropriations by $3,800,000 due to increased health care costs in the Police Group Health Fund. SECTION 3. The FY2016-2017 Operating Budget, adopted by Ordinance No. 030965, is amended to increase revenues by $246,476 due to increased stop loss reimbursements and increase appropriations by $800,000 due to increased health care costs in the Fire Group Health Fund. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Mayor Paulette Guajardo Rudy Garza Lucy Rubio Michael Hunter Greg Smith Ben Molina Carolyn Vaughn Joe McComb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Joe McComb Paulette Guajardo Rudy Garza Lucy Rubio Michael Hunter Greg Smith Ben Molina Carolyn Vaughn Council Member PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor CITICARE BUDGET CITICARE — Expenditure Budget, FY 2017 Budgeted $ 18,150,258 Estimated $ 23,836,709 Increase Needed in Expenditure Budget $ 6,000,000 II Fund Balance, October 1, 2016 $ 6,475,494 FY 2017 Revenues, Budgeted $17,170,582 FY 2017 Revenues, Estimated $ 19,593,890 FY 2017 Revenues, Increase $2,423,308 FY 2017 Expenditures, Estimated $ (23,836,709) Estimated Ending FY17 Fund Balance $ 2,232,675 CITICARE POLICE BUDGET CITICARE POLICE — Expenditure Budget, FY 2017 Budgeted Estimated Increase Needed in Expenditure Budget $ 8,378,177 $ 11,589,142 $ 3,800,000 Fund Balance, October 1, 2016 $ 3,698,452 FY 2017 Revenues, Budgeted $6,800,090 FY 2017 Revenues, Estimated $ 8,570,666 FY 2017 Revenues, Increase $1,770,576 FY 2017 Expenditures, Estimated $ (11,589,142) Estimated Ending FY17 Fund Balance $ 679,977 CITICARE FIRE BUDGET CITICARE FIRE — Expenditure Budget, FY 2017 Budgeted Estimated Increase Needed in Expenditure Budget $ 8,679,471 $ 8,886,604 $ 800,000 Fund Balance, October 1, 2016 $ 6,857,283 FY 2017 Revenues, Budgeted $7,070,101 FY 2017 Revenues, Estimated $ 7,316,577 FY 2017 Revenues, Increase $246,476 FY 2017 Expenditures, Estimated $ (8,886,604) Estimated Ending FY17 Fund Balance $ 5,287,256 AGENDA MEMORANDUM First Reading (Tabled) April 25, 2017 First Reading for the City Council Meeting of May 23, 2017 Second Reading for the City Council Meeting of May 30, 2017 DATE: TO: FROM: May 11, 2017 Margie C. Rose, City Manager Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Amending Chapter 57 of the Code of Ordinances to modify the auto wrecker ordinance and appropriating funds in revenue and expenditures CAPTION: 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; 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, and for publication. PURPOSE: These changes will cover numerous administrative costs incurred in the processing and releasing of impounded vehicles. The changes are offset due to revenue and expenditure appropriations being equal. BACKGROUND AND FINDINGS: The changes to the ordinance are: Sec. 57-249 — maximum auto wrecker service and storage fees. Adding subsection 4f. Administrative fee: add an administrative fee of $20 per vehicle recovered by owner to provide for the processing of paperwork. The fee increase will generate an additional $61,000 in revenue for the remainder of the current fiscal year to be used for additional personnel and improvements at the vehicle impound on Greenwood. Other impound yards across the State charge a similar fee. Total additional revenue generated by the $20 administrative fee and the procedural change is $61,000 for the remainder of the fiscal year. These funds will be appropriated in the Vehicle Impound budget to be used to enhance the impound process making it easier for customers to retrieve their impounded vehicles. Four (4) civilian FTE's will be added to the Police Department budget for 3 Vehicle Impound Control Officers and 1 Management Assistant. This will add to the existing eight (8) positions to allow for 24 hour a day, 7 day a week coverage. Additionally software will be purchased to allow customers to locate their vehicle and pay on- line, and improvements to the impound yard. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 61,000 145,000 BALANCE Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting changes to the ordinance and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance 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; 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, and for publication. Whereas, Texas Administrative Code Title 16, §85.722 allows a VSF operator to collect from a vehicle owner any fee that must be paid to a law enforcement agency, the agency's authorized agent, or a governmental entity; and Whereas, the City Council finds that $20 Administrative fee to be collected by the City from a vehicle owner is an authorized governmental or law enforcement fee pursuant to Texas Administrative Code Title 16, §85.722. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 57-249 of the Corpus Christ Code of Ordinances is revised to add subsection (4)(f) to read as follows: Administrative fee $20 per vehicle recovered by owner from City vehicle impound lot (only payable to City) SECTION 2. Section 57-249, Subsection (1) of the Corpus Christi Code of Ordinance is revised to read as follows: (1) Fees associated with Police -initiated nonconsent rotation list or incident management tows fees will be paid to the city at the city vehicle impound lot. SECTION 3. That $61,000 from the Administrative fee is appropriated to be used for four civilian full-time equivalent (FTE) personnel and software upgrades at the vehicle impound on Greenwood. SECTION 4. The FY 2016-2017 operating budget adopted by Ordinance No. 030965 is amended by increasing revenue and expenditures by $61,000. SECTION 5. This ordinance takes effect after official publication. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. 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. 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: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Caouncil Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of May 23, 2017 Second Reading for the City Council Meeting of May 30, 2017 DATE: April 11, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director, Public Works valerieg©cctexas.com (361) 826-3729 FROM: Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director, Street Operations AndyL@cctexas.com (361) 826-1957 One -Way Traffic Flow Along Rancho Vista Boulevard, South of Yorktown Boulevard to Future Extension of Oso Parkway CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I — One Way Streets and Alleys by changing designated portions of Rancho Vista Boulevard East and Rancho Vista Boulevard West from a two-way traffic pattern to a one-way traffic pattern; providing for severance; and providing for publication. PURPOSE: The ordinance amendments will improve traffic operations, mobility, and safety along Rancho Vista Boulevard, Rancho Vista Boulevard West, and Rancho Vista Boulevard East which serve as the primary street networks within the Rancho Vista subdivision. BACKGROUND AND FINDINGS: Rancho Vista is a 330 + acre, residentially zoned, subdivision located south of Yorktown Boulevard and east of the future extension of Rodd Field Road. The City's Planning Commission approved the preliminary plat for this subdivision in 2004. Since 2004, the preliminary plat has been updated several times to show the revised cross sections of Rancho Vista Boulevard West and Rancho Vista Boulevard East and the configurations of proposed units within the subdivision. Changes to the cross section prompted the Homebuilder (Braselton Homes) and the Homebuilder's consulting engineering firm to meet with the City staff (Development Services and Street Operations -Traffic Engineering) to discuss the impact of those changes on traffic operations. The primary street networks within the subdivision consist of Rancho Vista Boulevard, Rancho Vista Boulevard West, and Rancho Vista Boulevard East. These streets provide connectivity to Yorktown Boulevard, to the north, and will provide connectivity to the future extension of Oso Parkway, to the south. Rancho Vista Boulevard is a 2 lane, undivided roadway with marginal access streets. This cross section exists for approximately 700' south of Yorktown Boulevard. At this point, a traffic circle was constructed as both a traffic calming and aesthetic feature which diverts onto either Rancho Vista Boulevard West or Rancho Vista Boulevard East. The cross section south of the traffic circle consists of a true "boulevard" section with Rancho Vista Boulevard West and Rancho Vista Boulevard East separated by a grassy median (private park). Traffic currently flows in both directions along existing segments of Rancho Vista Boulevard West and Rancho Vista Boulevard East north of the Laureles Drive/Stampede Drive intersection. Future segments, extending south towards Oso Parkway, are being designed with a narrower street width that can accommodate traffic flow in only one direction. The City Traffic Engineer recommended converting the entire portions of Rancho Vista Boulevard West and Rancho Vista Boulevard East to one-way traffic flow. Designating these segments as one-way will improve traffic operations and safety within the subdivision. Braselton Homes will be responsible for all costs associated with the change in designation of traffic, which includes signage and striping. The proposed ordinance was presented to and approved by the City's Transportation Advisory Commission (CTAC) on their January 23, 2017 meeting. ALTERNATIVES: Denial of the proposed one-way streets along Rancho Vista Boulevard West and Rancho Vista Boulevard East. (Not Recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering), Development Services 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 Comments: None RECOMMENDATION: City staff recommends approval of the ordinance amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Vicinity Map Presentation Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I — One Way Streets and Alleys by changing designated portions of Rancho Vista Boulevard East and Rancho Vista Boulevard West from a two-way traffic pattern to a one-way traffic pattern; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I – One-way streets and alleys, subsection (a) is revised regarding the one-way designation for portions of Third Street. "Sec. 53-250. - Schedule I—One-way streets and alleys. (a) In accordance with section 53-104 and when properly signposted, traffic shall move only in the direction indicated upon the streets and alleys set out in this section. All streets designated as one-way during school days shall be one-way only between those hours established by the city manager, or such officers or employees of the city designated by the city manager, so as to be compatible with school hours and when so indicated by signs. Street or Portion of Street Direction of Traffic Rancho Vista Boulevard West, between approximately 300' East of Dunn's Point and Oso Parkway Rancho Vista Boulevard East, between 200` East of Vaquero Drive and Oso Parkway 0( 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 by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. 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: Joe McComb Greg Smith Rudy Garza Jr. Lucy Rubio Michael T. Hunter Ben Molina Carolyn Vaughn Paulette M. Guajardo That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Greg Smith Rudy Garza Jr. Lucy Rubio Michael T. Hunter Ben Molina Carolyn Vaughn Paulette M. Guajardo PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor Ott �i•09 FUTURE RANCHO VISTA BLVD. W. RANCHO VISTA BLVD. E. RANCHO VISTA BLVD W. RANCHO VISTA BLVD. sea N SCALE: N.T.S. AERIAL FLOWN 2014 RANCHO VISTA BLVD bawd"Alm Mom MIN MOM MEP NIA MEI IMF �l EXISTING SITE PLAN 0 NEMMEM MIEN MEM MIN ME EMI RANCHO VISTA DRIVE PROPOSED ONE WAY TRAFFIC FLOW BETWEEN OSO PARKWAY & VAQUERO DR. W. RANCHO VISTA BLVD. FUTURE RANCHOtp E. RANCHO VISTA BLVD. VISTA BLVD et Often owl ___ _00/611011.111 �9s , W. RANCHO VISTA BLVD. 09 ^. 10 as RANCHO VISTA BLVD. E RANCHOVISTA BLVD. ? I o inn Ma =111111 EN INN111ME 0 PROPOSED SITE PLAN LEGEND EXISTING TWO WAY TRAFFIC PROPOSED ONE WAY TRAFFIC CHANGE ■ ■ ■ ■ RANCHO VISTA ONE WAY LIMITS RANCHO VISTA DRIVE ONE WAY TRAFFIC FLOW SITE PLAN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS w.r e 181 CORPUS CHRISTI SHIP CHANNEL 37 Q' LEOPARD AL 1.` L2300 /-�I 9�F SCALE: N.T.S. AERIAL FLOWN 2014 CORPUS CHRISTI BAY 9 TEXAS A&M UNIVERSITY CORPUS CHRISTI CORPUS CHRISTI N NAVAL AIR STATION FLOUR BLUFF RANCHO VISTA DRIVE PROPOSED ONE WAY TRAFFIC FLOW BETWEEN LAURELAS DR & VAQUERO DR. LAGUNA MADRE RANCHO VISTA DRIVE ONE WAY TRAFFIC FLOW VICINITY MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS Corpus Chr sti Engineering Designating One -Way Traffic Flow - Rancho Vista Blvd (East & West) Council Presentation May 23, 2017 Project Vicinity �hrsti Engineering CORPUS CHRISTI BAY TEAS ARAI CORPUS airasn N SCALE; N.T.S. CORPUS CHRISM NAVAL M STATION RANCHO VISTA DRIVE PROPOSED ONE WAY TRAFFIC FLOW ENEDI AREIAS RR & VAUERU DR 2 Existing Traffic Circulation Corpus Ch 4111150Corpus Engineering r w aevcrc yr*e ew tr E. 3AICH, 11T, E_VC. ti T 14[ 1 LEGEND EXISTING TWO WAY TRAFFIC EXISTING SITE PLAN •••• RANCHOSEVISTAEONE YWAY TRAFFl ITS HANGS Proposed Traffic Circulation (.) Corpus Chr sti Engineering (o� ILL RANCHO VISTA DRIVE PROPOSED ONE WAY TRAFFIC FLOW BE1WEEN OSO PARKWAY & VAQUERO DR. SCALE: N.T.S. y � = Li1E PAK-1D 404?1FL-mm -c*- - —e mG1-0 -.4eLn — �'.. 1�� E RAALHO'JI, B_VB. 7 I PROPOSED SITE PLAN LEGEND a EXISTING TWO WAY TRAFFIC PROPOSED ONE WAY TRAFFIC CHANGE •••• RANCHO VISTA ONE WAY WITS Recommendations C*It) Corpus Chr sti Engineering • Designate Existing & Future Sections of Rancho Blvd West & Rancho Blvd East as One -Way Traffic Flow ➢ Rancho Vista Blvd (West) - 300' East of Dunri s Point and Oso Parkway ➢ Rancho Vista Blvd (East) - 200' East of Vaquero Drive to Oso Parkway 5 �hrsti Engineering Questions? AGENDA MEMORANDUM First Reading for the City Council Meeting of May 23, 2017 Second Reading for the City Council Meeting of May 30, 2017 DATE: May 15, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv©cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director, Public Works valerieg©cctexas.com (361) 826-3729 FROM: Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director, Street Operations andyl@cctexas.com (361) 826-1957 Amending State Speed Limit in Certain Zones (Ocean Drive) CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones by adding Ocean Drive from Sand Dollar Boulevard to North Gate of Naval Air Station Corpus Christi, and updating Ocean Drive from Airline Road to Sand Dollar Boulevard; providing for severance; and providing for publication. PURPOSE: This ordinance amendment will establish a speed limit zone of 50 Miles Per Hour (MPH) along Ocean Drive from Sand Dollar Boulevard to the Naval Air Station Corpus Christi (NASCC) North Gate and clarify the text for the existing speed zone limit along Ocean Drive from Airline Road to the Sand Dollar Boulevard. Speed limits allow the motorist to operate a vehicle at a reasonable and safe speed under favorable conditions. BACKGROUND AND FINDINGS: Texas Legislative Code Section 545.352. Prima Facie Speed Limits establishes 30 MPH as the lawful prima facie speed limit for urban districts within Texas. This means 30 MPH is a reasonable and prudent speed to drive under normal conditions. A municipality has the authority to alter a speed above or below the prima facie speed limit based on an engineering and traffic investigation. Officials from NASCC requested Street Operations (Traffic Engineering) to address traffic enforcement issues along Ocean Drive from Sand Dollar Boulevard to the Naval Air Station Corpus Christi (NASCC) North Gate. A staff investigation determined there was no existing ordinance that altered the speed above or below the prima facie speed limit, of 30 MPH, between Sand Dollar Boulevard and the NASCC North Gate. To determine the posted speed limit, a traffic investigation and speed zone study must be performed. In Texas, the guidelines and procedures for a traffic investigation and speed study can be found in the Texas Department of Transportation's (TxDOT's) Procedures for Establishing Speed Zones. Traffic investigations consider factors such as existing roadway features (curves, surface width, constrained shoulder width, etc.), crash history, cross streets, school crossings, and sites that generate traffic. Speed studies determine the 85th percentile speed, which represents the speed most drivers will be traveling at or below, so they are conducted during average weekdays and under favorable weather conditions. The recommended speed limit is generally set to the nearest value ending in 5 or 0. Guidelines in TxDOT's Procedures for Establishing Speed Zones permit a reduction in the final speed limit to less than 10 MPH below the 85th percentile speed based on engineering judgment and factors considered during the traffic investigation. Based on the traffic investigation, there have been a total of three (3) crashes reported along this segment from 2013 to 2016. One crash occurred in 2015 and the remaining two were reported in 2016. The typical street cross-section consists of four (4) travel lanes and lacks shoulders. Narrow shoulders are present along a bridge located east of Sand Dollar Boulevard. This segment is surrounded by water and permits direct beach access off the outside gate entry. There is also a lack of lighting in the area which may create visibility issues at night. The speed study determined the measure 85th percentile speed was 60 MPH. based on the traffic investigation factors, the City Traffic Engineer recommended reducing the final speed limit 10 MPH below the 85th percentile speed to 50 MPH. The City Traffic Engineer recommended approval of this ordinance amendment to the City Transportation Advisory Commission (CTAC) at their November 28, 2016 meeting. CTAC concurred and approved the recommendation for approval to City Council. Amending this section of the ordinance will require improving the clarity of the existing speed zone limits. This includes revising "entrance of the Texas A&M University -Corpus Christi" to state "Sand Dollar Boulevard". ALTERNATIVES: Denial of the proposed amendment to increase the State speed limit above 30 MPH. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Services, Street Operations (Traffic Engineering) FINANCIAL IMPACT: ❑ Ooeratin ❑ 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 Comments: None RECOMMENDATION: City staff recommends approval of the ordinance amendment. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance Presentation Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones by adding Ocean Drive from Sand Dollar Boulevard to North Gate of Naval Air Station Corpus Christi, and updating Ocean Drive from Airline Road to Sand Dollar Boulevard; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-254 Schedule V, increase of state speed limit in certain zones is revised to add Ennis Joslin from Wooldridge Road to Holly Road and to update North and South Shoreline Boulevard as follows: "Sec. 53-254. - Schedule V, increase of state speed limit in certain zones. It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is less than is necessary for safe operation of vehicles thereon by reason of widely spaced intersections, and it is hereby declared that the speed limit shall be as hereinafter set forth on those streets or parts of streets herein designated at the time specified and they shall become effective when signs are erected giving notice thereof: Ocean Drive: From Airline Road to Sand Dollar Boulevard -45 mph—At all times From Sand Dollar Boulevard to North Gate of Naval Air Station Corpus Christi – 50 mph—At all times. Northbound (in bound traffic): From Airlinc Road to thc north cntrancc of thc Tcxas A&M Univcrsity Corpus Christi '15 mph At all timcs Southbound (out bound traffic): e•• . ■ mph At all timcs Southbound (out bound traffic): From a point 125 fcct cast of Country Club Drivc to a point 1,315 fcct Southbound (out bound traffic): From a point 1,315 fcct cast of Country Club Drivc to thc north cntrancc of thc Tcxa- A&M Univcrsity Corpus Christi /15 mph At all timcs 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 by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. 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: Joe McComb Brian Rosas Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Brian Rosas Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor SPEED LIMIT 45 SCALE: N.T.S. CORPUS CHRISTI BAY 7,71,8184 SPEED LIMIT 50 CORPUS CHRISTI NAVAL AIR STATION4 N.A.S. NORTH GATE LEGEND LOCATION MAP EXISTING POSTED SPEED 45MPH PROPOSED POSTED SPEED 50MPH OCEAN DRIVE - UPDATE SPEED LIMIT ORDINANCE LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS w.r Corpus Chr sti Engineering Amending State Speed Limit in Certain Zones (Ocean Drive) City Council Presentation May 23, 2017 Vicinity Map CORPUS CHRISTI BAY Oz) N SCALE: N.T.S. OCEAN DRIVE UPDATE SPEED LIMIT ORDINANCE BEINEEI MINE RD & HAS NOP! TATE 1ws AW UNIVERSITY CORPUS CHRISTI CORPUS CHRIST NMML MR STATION Corpus Chr sti Engineering 2 Location Map - Ocean Drive Corpus Chr sti Engineering SPEED LIMIT 45 TEXAS A&M UNIVERSITY cj CORPUS CHRISTI . 1 O5O BAY N SCALE N.T.S. CORPUS CHRISTI BAY SPEED LIMIT 50 CORPUS CHRISTI NAVAL AIR STATION N.A.S. NORTH GATE LEGEN D EXISTING POSTED SPEED 45MPH PROPOSED POSTED SPEED SOMPH Scope �hrsti Engineering • Prima Facie Speed - Reasonable and Prudent Speed in Normal Conditions > 30 MPH (State Speed Limit) for Urban Districts in Texas > Increasing or Decreasing Requires an Ordinance Amendment • Establishing a 50 MPH Speed Limit along Ocean Drive > Sand Dollar Boulevard to Naval Air Station Corpus Christi North Gate Corpus Chr sti Engineering Questions? AGENDA MEMORANDUM First Reading of Ordinance for the City Council Meeting of May 23, 2017 Second Reading of Ordinance for the City Council Meeting of May 30, 2017 DATE: May 8, 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 Amending Code of Ordinance to Eliminate Utility Account Transfer Fee in Certain Circumstances CAPTION: Ordinance amending Chapter 55, Section 55-22, of the Code of Ordinances to eliminate the assessment of an administrative utility account transfer fee when related to a relocation of the customer due to a government -funded project; and providing for severance, publication, and an effective date. PURPOSE: The proposed amendment eliminates the assessment of a utility account transfer fee for existing utility customers in situations involving a government -funded project for which they are required to relocate. BACKGROUND AND FINDINGS: As part of the new Harbor Bridge project, citizens living in the Hillcrest area are being relocated through the Harbor Bridge buy-out program. Citizens have expressed concern over paying a fee to the City's Utility Business Office (UBO) for transferring utility services from their existing home to a new location in accordance to the City's Code of Ordinances. This amendment will eliminate the transfer fee when it relates to a relocation resulting from a government -funded project. ALTERNATIVES: Do not amend the Code of Ordinances and require an administrative utility account transfer fee in all instances. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Financial Services Utilities City Attorney's Office 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): Not applicable RECOMMENDATION: Staff recommends approval of this ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Chapter 55, Section 55-22, of the Code of Ordinances to eliminate the assessment of an administrative utility account transfer fee when related to a relocation of the customer due to a government -funded project; and providing for severance, publication, and an effective date. WHEREAS, Section 55-22 of the City's Code of Ordinances ("Code") requires the City's Utility Business Office to charge a $25 administrative utility account transfer fee each time an existing customer moves locations within the city regardless if the displacement and move from one location to another is necessitated due to a govern- ment project; WHEREAS, the City Council desires to eliminate the assessment of the admini- strative transfer fee under the narrow circumstances of this amendment; and WHEREAS, the City Council finds that this action is beneficial and necessary for the continued operation of an efficient, effective, and comprehensive City-wide utility system. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the amendment of the Code. Section 2. Section 55-22 of the City's Code of Ordinances is amended by inserting new language in subsection (b) where necessary, as follows: "Sec. 55-22. - Application or contract for service. "(a) The utility business office accounts manager is authorized to establish procedures to process and accept applications for utility service. "(b) An application or connection fee of twenty-five dollars ($25.00) is required for all applications for new service or transfers of service. However, no transfer fee will be assessed if the customer's request to transfer service is necessary due to a mandatory displacement caused by a federal-, state-, or City -funded project." Section 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section in this ordinance is declared invalid or unconstitutional by final decree or judgment of any court, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance since the same would have been enacted by Page 1 of 2 the City Council without the incorporation into this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. Section 4. The City Secretary is directed to publish this ordinance in the official newspaper of the City of Corpus Christi in accordance with the requirements of the City Charter and State law. Section 5. This ordinance takes effect following final passage and publication as required by law. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED this the day of , 2017 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 2 of 2 AGENDA MEMORANDUM Future item for the City Council meeting of May 23, 2017 Action Item for the City Council meeting of May 30, 2017 DATE: TO: May 11, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Approval to submit a grant application to the Automobile Burglary and Theft Prevention Authority to continue the motor vehicle theft enforcement grant in the Police Department CAPTION: Resolution authorizing the City Manager or designee to submit a grant application in the amount of $488,211 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 17 with a City cash match of $710,217, in-kind match of $58,406, and program income match of $9,517 for a total project cost of $1,266,351 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: The City of Corpus Christi is applying for Year 17 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of $2 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant which includes crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased from 1,515 to 659 in 2016. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In-kind contributions include copy machine and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for three sworn officers who are funded and currently work in the auto theft and auto burglary bureau. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 20 plus years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. 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 $40,684 $447,527 $488,211 BALANCE Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Budget Summary Resolution Authorizing the City Manager or designee to submit a grant application in the amount of $488,211 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 17 with a City cash match of $710,217, in-kind match of $58,406, and program income match of $9,517 for a total project cost of $1,266,351 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $488,211 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 17 with a City cash match of $710,217, in-kind services of $58,406, and a program income match of $9,517 , for a total project cost of $1,266,351 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention Authority. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Council Member PROTECT /T. 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Auto Burglary & Theft Prevention Authority Automobile Burglary and Theft Prevention Authority FY18 Statement of Grant Award Budget Summary and Support Schedules Budget Category ABTPA Funds Cash Match In -Kind Match Total Personnel (Salaries/Overtime) $336,316 $324,967 $44,387 $705,670 Personnel (Fringe Benefits) $6,432 $341,213 $0 $347,645 Contractual $0 $0 $0 Travel $8,381 $9,517 $0 $17,898 Equipment $72,098 $0 $0 $72,098 Supplies & Direct Operating Exp. $64,984 $44,037 $14,019 $123,040 Totals $488,211 $719,734 $58,406 $1,266,351 Sources of Match Tables List Source(s) of Cash Match* Amount SALARIES AND OT $324,967 FRINGE BENEFITS $341,213 IN-STATE TRAVEL $9,517 SUPPLIES $44,037 *City of Corpus Christi 100% Source Match Total $719,734 List Source of In -Kind Match Amount NICB AGENT SALARY $44,387 *RENTAL SPACE $11,030 *COPIER SUPPLIES $2,989 *City of Corpus Christi Source of In -Kind Match Total $58,406 *List Program Income used as cash match as a separate line Page 1 of 6 pages PROTECT /T. IT'S NNE NEVER UNLOCKED. NOTHING IN VIEW. Auto Burglary & Theft Prevention Authority Automobile Burglary and Theft Prevention Authority FY18 Statement of Grant Award Budget Summary and Support Schedules Personnel - Title or Position pe# of rsonnel % of Salary ABTPA Funds Cash Match In -Kind Total LIEUTANT LERMA 1 100% $82,068 $82,068 DETECTIVE VALDEZ 1 100% $76,212 $76,212 DETECTIVE RAICHERT 1 100% $76,212 $76,212 DETECTIVE BUSTAMANTE 1 100% $76,212 $76,212 DETECTIVE RODRIGUEZ 1 100% $72,584 $72,584 DETECTIVE RJASKO 1 100% $76,212 $76,212 DETECTIVE ALEJANDRO 1 100% $72,584 $72,584 GRANT PROJECT MANAGER 1 100% $33,944 $33,944 CRIME ANALYST 1 100% $36,489 $36,489 INTAKE SPECIALIST 1 50% $15,376 $15,375 $30,751 NICB AGENT 1 50% $44,387 $44,387 $0 $0 $0 $0 $0 $0 $0 Total Direct Salaries 11 $320,301 $312,967 $44,387 $677,655 Total Overtime $16,015 $12,000 $28,015 Total Requested Amounts $336,316 $324,967 $44,387 $705,670 Budget Narrative Page 2 of 6 pages PROTECT /T. IT'S NNE NEVER UNLOCKED. NOTHING IN VIEW. Auto Burglary & Theft Prevention Authority Personnel - Fringe Benefits Retirement Insurance Life Insurance Medicare FICA OTHER education/longivity cleaning/clothing vision, su••lemental, dental Total Fringe Benefits Budget Narrative Professional & Contract Description of Service Total Professional & Contract Budget Narrative Automobile Burglary and Theft Prevention Authority FY18 Statement of Grant Award Budget Summary and Support Schedules or $ Rate ABTPA Funds Cash Match In -Kind Total 22.0 0/0 $145,218 $145,218 $120,171 $120,171 $0 1.5 0/0 $0 6.2 0/0 $6,432 $44,156 $50,588 $31,668 $31,668 $0 $0 1 1 $0 $6,4321 $341,2131 $01 $347,645 ABTPA Funds Cash Match In -Kind Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Page 3 of 6 pages PROTECT /T. IT'S NNE NEVER UNLOCKED. NOTHING IN VIEW. Auto Burglary & Theft Prevention Authority Automobile Burglary and Theft Prevention Authority FY18 Statement of Grant Award Budget Summary and Support Schedules Travel In -State Travel - Purpose Destination # of Travelers ABTPA Funds Cash Match In -Kind Total ABTPA BRD MEETINGS AUSTIN, TX 4 $3,336 $3,336 TAVTI CONFERENCE DALLAS, Tx 5 $5,045 $5,045 TCPA CONFERENCE TYLER, Tx 1 $761 $761 GRANT ADMIN MILEAGE $1,060 $1,060 2000 X .53 $0 $0 $0 In -State Travel Total $8,381 $1,821 $0 $10,202 Out -of State Travel Purpose Destination # of Travelers ABTPA Cash Match In -Kind TOTAL IAATI CONFERENCE Pittsburg, PA 4 $7,696 $7,696 1 1 1 1 1 TOTAL Out -of -State Travel $7,696 $7,696 TOTAL TRAVEL BUDGET $9,517 $17,898 Budget Narrative Page 4 of 6 pages PROTECT /T. IT'S NNE NEVER UNLOCKED. NOTHING IN VIEW. Auto Burglary & Theft Prevention Authority Automobile Burglary and Theft Prevention Authority FY18 Statement of Grant Award Budget Summary and Support Schedules Equipment Description and Quantity (2) TRUCKS (2) TINT & ALARMS Equipment ABTPA Funds $70,000 Cash Match In -Kind Match Total $70,000 $1,158 $1,158 (2) TOOLBOXES $640 $640 (2) STEP BARS $300 $300 $0 $0 Total E•ui•ment $72,098 $0 $0 $0 $0 $72,098 Budget Narrative Supplies and Department Operating Expense Supplies and Department Operating Expense - Description ABTPA Funds Cash Match In -Kind Total Office Supplies $8,690 $8,690 Communications $7,405 $7,405 Public Awareness $17,079 $17,079 Postage $500 $500 Fuel $20,000 $20,000 Rental Space $11,030 $11,030 Move It Storage $1,860 $1,860 Copier Supplies $2,989 $2,989 Confidental Funds $500 $500 Misc. Tools $3,000 $3,000 Vehicle Maintenance $44,037 $44,037 Registration Fees $4,700 $4,700 Covert Tracker Equipment $1,250 $1,250 Total Supplies & DOE $64,984 $44,037 $14,019 $123,040 Page 5 of 6 pages PROTECT /T. IT'S NNE NEVER UNLOCKED. NOTHING IN VIEW. Auto Burglary & Theft Prevention Authority Automobile Burglary and Theft Prevention Authority FY18 Statement of Grant Award Budget Summary and Support Schedules Page 6 of 6 pages AGENDA MEMORANDUM Future Item for the City Council Meeting of May 16, 2017 Action Item for the City Council Meeting of May 23, 2017 DATE: May 16, 2017 TO: Margie C. Rose, City Manager FROM: Annette Rodriguez, Director of Public Health annetter@cctexas.com (361) 826-7205 Kim Baker, Assistant Director Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 QuantStudio Dx Equipment and Installation for the Health Department CAPTION: Resolution authorizing the City Manager, or designee, to purchase QuantStudio Dx equipment and installation for the Health Department from Fisher Scientific Company LLC, of Pittsburgh, Pennsylvania, based on a sole source for a total amount not to exceed $184,253.50; and finding that the purchase of this QuantStudio Dx equipment and installation is necessary to preserve and protect the public health and safety of the City's residents. PURPOSE: To purchase equipment to support accelerated local public health preparedness planning and operational readiness for responding to Zika, Ebola and other high consequence infectious diseases within the service area of Corpus Christi-Nueces County Public Health District (CCNCPHD) that includes Calhoun County, Victoria County, Aransas County, Jim Wells County, Kleberg County, Live Oak County, Nueces County, Refugio County and San Patricio County. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a one-time supplemental grant to the CCNCPHD in the amount of $200,000 to perform activities and purchase equipment in support of the Public Health Emergency Preparedness Cooperative Agreement (Funding Opportunity Number CDC- RFA-TP12- 12010302SUPP15) under the Grant Title: Hospital Preparedness Program ( HPP) and Public Health Emergency Preparedness (PNEP) Cooperative Agreements I PHEP Supplemental for Ebola Preparedness and Response Activities and CFDA # 93.074 from the Centers for Disease Control and Prevention ( CDC). Quant Studios - Thermo cyclers for PCR analysis for Bioterrorism testing will be purchased. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $200,000.00 $0.00 $200,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $184,253.50 $0.00 $184,253.50 BALANCE $15,746.50 $0.00 $15,746.50 Fund(s): Health Grants Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Terms and Conditions of Sale Instrument Service Terms and Conditions Sole Source Letter Resolution authorizing the City Manager, or designee, to purchase QuantStudio Dx equipment and installation for the Health Department from Fisher Scientific Company LLC, of Pittsburgh, Pennsylvania, based on a sole source for a total amount not to exceed $184,253.50; and finding that the purchase of this QuantStudio Dx equipment and installation is necessary to preserve and protect the public health and safety of the City's residents. WHEREAS, QuantStudio Dx equipment and installation will be purchased for use by the Health Department; WHEREAS, this QuantStudio Dx equipment and installation will assist the Health Department in the operation of monitoring the amount of DNA targets and enables very precise, sensitive, and accurate quantitative measurements; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to purchase QuantStudio Dx equipment and installation by the Health Department from Fisher Scientific Company LLC, of Pittsburgh, Pennsylvania, based on a sole source for a total amount not to exceed $184,253.50. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MICHAEL GUTIERREZ PRICE SHEET QUANTSTUDIO DX EQUIPMENT AND INSTALLATION ITEM DESCRIPTION QTY. UNIT Fisher Scientific Company LLC Pittsburgh, Pennsylvania UNIT PRICE EXTENDED PRICE 1. QUANTSTUDIO DX 96W FAST US IVD 2 Each $66,200.000 $132,400.00 2. FAST 96W CALIBRATION KIT IVD 2 Each $0.000 $0.00 3. INSTALLATION IQOQ, QSTUDIODX 2 Each $0.000 $0.00 4. QS DX, BASIC TRG (CUST SITE) 2 Each $0.000 $0.00 5. AB DX, QSDX, 1OQPQ 3 Each $8,331.000 $24,993.00 6. AB DX, QSDX, 1OQPQ 3 Each $8,331.000 $24,993.00 7. SHIPPING 1 Each $1,867.500 $1,867.50 Purchase Cost: $184,253.50 Instrument Services Terms and Conditions Effective Date: May 2, 2017 These terms and conditions apply to instrument services purchased from Life Technologies Corporation ("we" "us" or "our"). If you purchase instrument services from other Thermo Fisher Scientific entities, different terms and conditions may apply. If you have any questions about our quotation, our ordering process, or what terms and conditions apply to your order, please call Customer Services at 1 800 955 6288. As used herein, the terms "you" and "your" refer to the City of Corpus Christi, Texas. 1. Contract Terms. 1.1 General Terms. These are the contract terms and conditions under which we sell, and/or provide, our Instrument Services to you ("Service Terms"), unless (i) we specifically designate other terms to apply to a specific service; or (ii) if you and we have entered into a valid, active, written agreement that expressly provides that its terms supersede and replace these Service Terms with respect to the services covered by the other agreement. Any additional or different terms and conditions that you may provide to us, are material alternations and we reject them. These Service Terms collectively with any quotation provided by us constitute the "Agreement." Our offer to sell and/or perform Instrument Services is expressly limited to the terms of the Agreement. By ordering or requesting Instrument Services from us, you agree to accept and be bound by these Service Terms. This Agreement is the complete and exclusive contract between us with respect to your purchase of, or request for, Instrument Services. 1.2. Terms Conflict. If any conditions within the Agreement documents conflict with each other, we will give them the following order of precedence with the document listed first being given a higher order of priority: these Service Terms, the quotation, and, if you are buying a Service Plan, the service level description of the Service Plan. 1.3. When Agreement takes Effect. The Agreement between us is created when we accept your order or request, either by sending a written confirmation or by initiating performance of the Instrument Services. 2. Service Offerings. 2.1. Service Offerings. We offer repair, maintenance, relocation, recertification, training, qualification, and technical and application support services for your instruments and devices (collectively, "Instrument Services"). 2.2. Manufacturer Warranty Services. Some of our Instrument Services are provided as part of the limited instrument manufacturer warranty we offer you when you purchase our instrument. 2.3. Service Plans. We also provide post -manufacturer warranty maintenance and repair Instrument Services called "Service Plans". Descriptions of our Service Plans are available at http://www.thermofisher.com/instrumentservices. 2.4. Where we Perform Services. We perform most Instrument Services in your lab, but we may perform some Instrument Services for smaller instruments at one of our facilities. 3. Price. 3.1. Determining Price. For Instrument Services you purchase, the price is shown in our quotation to you. If we do not provide you with a quotation, the price will be the list price that applies to your country on the date we receive your order. 3.2. Taxes and Fees. Our prices do not include any taxes (including VAT), duties, levies or other government fees that may apply to your order. If they apply, it will be your responsibility to pay them. If we pay them, we will add them to your invoice. 4. Payment Terms. 4.1. Payment Terms. Unless we indicate another period on our quotation, you must pay invoices within 30 days from the invoice date in the currency specified in our invoice. Each order is a separate transaction, and you may not setoff payments from one order against another. 4.2. Late Payment. If you are late in making payment, without affecting our other rights, we may suspend performance or cancel your contract, reject your future orders, and charge you a late -payment charge, from the due date until paid, at the rate of 1% per month (12% per year) or, if less, the maximum amount allowed by law. You agree to pay this late charge upon request. 4.3. Collection Costs. If we appoint a collection agency or an attorney to recover any unpaid amounts, you must pay all reasonable costs of collection, including all associated reasonable attorneys' fees. 5. Scheduling. Page 1 of 4 5.1. Available Times. We provide Instrument Services Monday through Friday, 8:00 a.m. to 5:00 p.m. (local time), excluding holidays. 5.2. Scheduling. We will work with you to schedule Instrument Services at a time that is mutually convenient. 6. Decontamination and Safe Working Environment. 6.1. Decontamination Obligations. Before we perform Instrument Services on your instrument, you will fully decontaminate your instrument or its component of radioactive, biological, toxic or other dangerous materials or substances or any material and, if we request, you will submit to us an accurate and completed certificate of decontamination. 6.2. Moving Instrument. If we request, you agree to move your instrument to another location that we reasonably deem is safe for our employees to perform Instrument Services. 6.3. Biosafety Level -3 and 4 Laboratories. We do not service instruments in biosafety level -3 laboratories, unless we agree otherwise in writing in advance. There may be an additional charge and additional terms for Instrument Services in such facilities. We do not service instruments in biosafety level -4 laboratories. 7. Spare Parts. 7.1. 7.2. Repair or Replace. We may repair or replace any parts of the instrument based on our professional judgment. New, Used or Reconditioned Parts. We will may use new, used, or reconditioned parts. We may retain any replaced part as our property. 8. Service Plans. 8.1. Service Level Descriptions. For service level descriptions of our Service Plans, please go to http://www.thermofisher.com/instrumentservices. 8.2. Instrument Recertification. If your instrument has not been under our warranty or our service plan immediately prior to the time of your requested coverage, before we cover your instrument under a Service Plan, we may require instrument recertification. We will provide instrument recertification services on a time -and -materials basis. 8.3. No Coverage for Ancillary Equipment. Unless we stated otherwise in our quotation, our Service Plans cover only our instruments and do not include ancillary equipment even if we supplied it. 8.4. instruments. No Replacement of Consumables. Our Service Plans do not cover replacement of consumable products used on the 8.5. Exclusions. In addition to the above exclusions, our Service Plans do not cover replacement of parts or repairs needed for defects or damage resulting from (i) your neglect, carelessness, or misuse, for example, connecting the instrument to electrical services or other utilities not in accordance with the installation requirements for the instrument, using incompatible solvents or samples with the instrument, operating the instrument not in conformance with our instructions or specifications, or your improper or inadequate maintenance of the instrument; (ii) installation of software or use in combination with software or products that we did not supply or authorize; (iii) modification, repair, service transfer to another location of the instrument that you or your employees, agents or an unauthorized contractor made; (iv) intrusive activity, including without limitation computer viruses, hackers or other unauthorized interactions with instrument or software that detrimentally affects normal operations; from acts of nature or accident; or (v) any defects or damage that we did not cause. 8.6. Terminating your Service Plan. Service Plans may be terminated in the following ways: (A) Terminating for Any Reason. You or we may cancel your Service Plan by sending a written notice of termination to the other at least 30 days before effective date of termination. (B) Terminating for Cause. We may immediately terminate a Service Plan if the instrument covered by the Service Plan is transferred to another location without our advance written consent. (C) Effects of Termination. If a Service Plan is terminated by you under Section 8.6(A) or by us under Section 8.6(B), we will charge you for the total price of services actually performed and expenses actually and reasonably incurred in servicing the covered instrument under the underlying Service Plan from its effective date until the termination date, or the prorated price of the underlying Service Plan from its effective date until the effective termination date, whichever is greater, plus 15% of the total fee paid for the underlying Service Plan. We will credit you for any payment that you made to us in excess of this amount and you may use the credit toward future purchases from us of instruments, consumables or Service Plans. We do not provide cash refunds on account of the early cancellation of any Service Plan or other agreement for Instrument Services. Page 2 of 4 9. Limited Warrant), for Instrument Services. 9.1. Limited Warranty. We warrant that the Instrument Services we provide to you will be in accordance with the generally accepted standards prevailing in the Instrument Service industry. You must make any claim for breach of this warranty within 90 days of the date the Instrument Services were performed and prior to any unauthorized repair, change, or modification has been made to any part of the instrument. 9.2. Exclusions. Our warranties do not apply to (i) your neglect, carelessness, or misuse, such as but not limited to, connecting the instrument to electrical services or other utilities not in accordance with the installation requirements for the instrument, using incompatible solvents or samples with the instrument, operating the instrument not in conformance with our instructions or specifications, or your improper or inadequate maintenance of the instrument; (ii) installation of software or use in combination with software or products that we did not supply or authorize; (iii) modification, repair, service transfer to another location of the instrument that you or your employees, agents or an unauthorized contractor made; (iv) intrusive activity, including without limitation computer viruses, hackers or other unauthorized interactions with instrument or software that detrimentally affects normal operations; from acts of nature or accident; or (v) any defects or damage that we did not cause. ADDITIONALLY, ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN US WITHOUT OUR PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS WE HAVE NOT SUPPLIED, WILL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THESE INSTRUMENT SERVICES AND THE AFFECTED PRODUCTS. 9.3. Remedies. During the applicable warranty period only, for services not meeting our warranty, we agree, at our option to: (i) re -perform the defective Instrument Services, or (ii) refund to you the fee you paid to us for the defective Instrument Services, if applicable. This section states our entirely liability for a valid warranty claim under this Agreement. 9.4. Limitations. OUR WARRANTIES EXTEND ONLY TO YOU, THE ORIGINAL PURCHASER, AND YOU CANNOT TRANSFER THEM. WITH RESPECT TO INSTRUMENT SERVICES, EXCEPT AS EXPRESSLY STATED, WE DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER OR EXPRESS OR IMPLIED, ORAL OR WRITEN, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. 10. Compliance with Law. We make no representation that the Instrument Services we provide to you will meet or satisfy standards of any governmental body, including the U.S. Food and Drug Administration. You agree that it is your responsibility to ensure that such services are adequate to meet your regulation or certification requirements and that all requirements of any governmental body or other organization, including, but not limited to, any requirement of the U.S. Food and Drug Administration are your responsibility. 11. Indemnification. 11.1. Our General Indemnity. We will indemnify and hold you harmless from and against any and all third -party claims for injury to persons, including death, or damage to tangible property occurring while our employees are on your premises to the extent the claims are caused by our employees' negligent acts or negligent omissions, provided we are given prompt notice of any claim and the opportunity to control the defense and settlement of the claim. 11.2. Conditions to Our Indemnity. As a condition to any of our indemnification obligations you must (a) notify us in writing, as soon as you become aware of any claim; (b) not admit any liability or take any other action in connection with the claim that could affect the defense; (c) allow us to solely control the defense or settlement of the claim; and (d) give us your reasonable information, co-operation and assistance. 12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO COSTS OF COVER, LOST PROFITS, LOST DATA, LOSS OF BUSINESS, LOSS OF GOODWILL OR LOSS OF REVENUE) THAT YOU MIGHT INCUR UNDER THE AGREEMENT, OR THAT MAY ARISE FROM OR IN CONNECTION WITH OUR PRODUCTS OR SERVICES, EVEN IF WE HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY LOSS OR INJURY THAT IS THE RESULT OF INSTRUMENT, EQUIPMENT, OR PRODUCT ERROR OR THE FAILURE OF AN INSTRUMENT, EQUIPMENT, OR OTHER PRODUCT TO PERFORM IN ACCORDANCE WITH ITS SPECIFICATIONS. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE SERVICE TERMS, ANY SERVICE PLAN, OR INSTRUMENT SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES RENDERED THEREUNDER, OR BREACH THEREOF OR FAILURE TO PERFORM IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES YOU PAID US FOR THE SPECIFIC SERVICE PLAN OR, INSTRUMENT SERVICES THAT GIVE RISE TO YOUR CLAIM. 13. Miscellaneous. 13.1. Assignment. You may not transfer or assign your Service Plan or any contract with us for Instrument Services. Any attempted transfer or assignment will be void. 13.2. Intellectual Property. Nothing in these Service Terms shall be deemed or construed as a license or grant of any Page 3 of 4 intellectual property rights, whether express, implied, by estoppel, or otherwise, to you, or to limit our rights to enforce our patent or other intellectual property rights. 13.3. Governing Law. The Agreement and performance under it will be governed by the laws of the State of DelawareTexas, USA, without regard to provision on the conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Agreement. 13.4. Uncontrollable Circumstances. We will not be responsible or liable for failing to perform our obligations under the Agreement to the extent caused by circumstances beyond our reasonable control. 13.5. No Waiver; Invalidity. Our failure to exercise any rights under the Agreement is not a waiver of our rights to damages for your breach of contract and is not a waiver of any subsequent breach. If any provision or part of the Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of the Agreement. No person other than you or us will have any rights under the Agreement. Headings are for convenience only and shall not be used in the interpretation of these Terms. 13.6. Confidentiality. You agree to keep confidential any non-public technical information, commercial information (including prices, without limitation), manuals or instructions received from us as a result of discussions, negotiations and other communications between us in relation to our products or services, unless such information must be released pursuant to govemment order, state law, or subpoena; provided, however, that in such an instance, you will give us sufficient prior notice to challenge or limit such disclosure, and further, you will limit any such disclosure to only information that is expressly required to be disclosed. 13.7. Notices. Any notice or communication required or permitted under these Service Terms must be in writing and will be deemed received when personally delivered, or 3 business days after being sent by certified mail, postage prepaid, to a party's specified address. 13.8. Changes to Terms. We reserve the right to change these Service Terms at any time. Any changes made will not apply to the Agreement between us for any order we receive before the changes are made. The most recent revision date can be found at the end of these Service Terms. 8 3 2016 Revised May 2, 2017 for City of Corpus Christi Page 4 of 4 TERMS AND CONDITIONS OF SALE Effective Date: May 2, 2017 Thank you for your interest in purchasing products. We value your business and our goal is to make your purchasing experience as smooth as possible. If you have any questions about our quotation or ordering process, please call Customer Services at 1-800-955-6288. Unless otherwise expressly agreed in writing, your purchase of products is subject to the following terms and conditions: As used herein, the terms "we" "us" or "our" refer to Life Technologies Corporation, and the terms "you" and "your" refer to the City of Corpus Christi, Texas. 1. Contract Terms 1.1. General Terms. These terms and conditions ("Terms"), our quotation (if any) and Supplementary Terms, if any, comprise the agreement ("Agreement") between you and Life Technologies Corporation. Unless your order is subject to a valid, written, executed agreement between you and Life Technologies Corporation, in which case such agreement applies, you agree to accept and be bound by the Agreement by ordering products on thermofisher.com or if you receive ordering or sales documents that reference these Terms. This Agreement is the complete and exclusive contract between us with respect to your purchase of the products. 1.2. Supplementary Terms. Some of our products are subject to software licenses, limited use label licenses or other written contract terms that you will not fmd here ("Supplementary Terms"). You might fmd Supplementary Terms in our quotation to you, on thermofisher.com, or in literature that accompanies the product. You may also obtain copies from Customer Services. 1.3. Terms Conflict. If any conditions within the Agreement documents conflict with each other, we will give them the following priority: the quotation, Supplementary Terms, and finally these Terms. We expressly reject any different terms or provisions contained in any document you provide, and if the terms and conditions in this Agreement differ from the terms of your offer, this Agreement will serve as the governing terms for our contract. 1.4. When Agreement takes Effect. The Agreement between us is created when we accept your order, either by sending a written confirmation, or by shipping the product or otherwise initiating action to provide what you have ordered. 2. Price 2.1. Determining Price. We may change our prices at any time without notice. Prices we quote you are valid for 30 days, unless we state otherwise in writing. Additionally, the price as shown in our quotation to you, is subject to adjustment on account of specifications, quantities, raw materials, cost of production, shipment arrangements or other terms or conditions which are not part of our original price quotation. If no price has been specified or quoted to you, the price will be the product price on thermofisher.com in effect at the time we accept your order. 2.2. Taxes and Fees. Our product prices do not include any taxes (including VAT), duties, levies or other government fees that may apply to your order. If they apply, it will be your responsibility to pay them. If we pay them, we will add them to your invoice. If you claim any exemption, you must provide a valid, signed certificate or letter of exemption for each respective jurisdiction. 2.3. Delivery Fees; Freight Policy. You are also responsible for standard delivery and handling charges, if any. We will also add these charges to your invoice. For details of our freight policy, please call Customer Services. 3. Payment 3.1. Payment Terms. We will invoice you for the product price and all other charges due when we ship you the products. Unless we have agreed otherwise in writing, you will pay us within 30 days from our invoice date. Each order is a separate transaction, and you may not off -set payments from one order against another. We reserve the right to require you to make full or partial payment in advance, or other security to our satisfaction, if we believe in good faith that your financial condition does not justify the payments terms otherwise specified. You will make all payments in U.S. Dollars. 3.2. Late Payment. If you are late in making payment, we may, without affecting our other rights: (A) suspend delivery or cancel the Agreement; (B) reject your future orders; and/or (C) charge you a late -payment charge, from the due date until paid, at the rate of 1.5% per month, or, if less, the maximum amount allowed by law -which you must pay upon our demand. 3.3. Collection Costs. If we appoint a collection agency or an attorney to recover any unpaid amounts, you must pay all reasonable costs of collection, including all associated reasonable attorneys' fees. 4. Delivery; Cancellation; Changes Page 1 of 7 4.1. Delivery. We will ship products to the U.S. destination you specify in your order, FOB our shipping pointDestination, Freight Prepaid and Added. We may, in our discretion, (a) make partial shipments and invoice each shipment separately; and/or (b) stop delivery of products in transit and withhold shipments in whole or in part if you do not pay us when due, or if you otherwise do not perform your obligations in this Agreement. Our shipping dates are approximate only, and we will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond our reasonable control. If we do delay shipment because of a cause beyond our reasonable control, we may terminate the affected order, or reschedule the shipment, and we will do so within a reasonable period of time. You may not refuse delivery or otherwise be relieved of any obligations as the result of such delay. If our delivery of a product to you is delayed due to any cause within your control, we will place the delayed products in storage at your risk and expense and for your account. 4.2. Cancellation. Once you have placed your order, you cannot cancel it, unless we consent in writing, and you pay any applicable cancellation charges. 4.3. Changes. You may not change orders in process, except with our written consent and agreement as to an appropriate adjustment in the purchase price for the applicable products. You will not receive credit for products returned without our prior consent. 5. Risk of Loss and Title 5.1. Risk of Loss. Aside from the trade terms indicated above, products are delivered when we load them onto the commercial carrier delivers the products to youat our facility. At this point you become responsible for risk of loss and damage. 5.2. Title. Title to products will pass to you (except software incorporated within or forming part of a product, which we or our licensors continue to own) when we deliver the product to the carrier delivers the products to you. 6. Returns and Shortages 6.1. Returns and Shortages. We want you to receive our products in good condition. You may return a product that is damaged or defective on delivery, or correct any shortages, if you contact Customer Services within 5 days after receiving the product. If you do not contact us within this 5 -day period, we will deem the product accepted, but you will not lose any warranty rights. 6.2. Authorization for Returns. Customer Services must authorize all product returns. If your product return is authorized, Customer Services will provide you directions regarding the return process. Customer Services may not authorize some items for return. 6.3. Product -Credit Eligibility. To be eligible for product credit, a product must be authorized in writing for return and must arrive at our facilities in a condition satisfactory for resale. Any return not due to our error is subject to a restocking charge of $25 or 25% of the sale price—whichever is greater. We do not credit shipping charges. You may not return a product for credit more than 20 days after you receive it. 6.4. Custom -Product Returns. You may return a custom product we make to your specifications only if the product does not conform to the given specifications as of the date of shipment. In that case, we will, in our sole discretion, either replace the custom product or refund you the purchase price. 7. Warranties 7.1. Limited Warranties for Consumables and General Labware. Unless a different written warranty period is included with product literature in the Supplementary Terms such as, but not limited to, product literature or thermofisher.com product pages, we warrant that each consumable (including general labware) will meet its specifications stated in our published catalogs or associated Supplementary Terms. This warranty lasts from the time we ship the consumable until the earlier of (1) the consumable's expiry or "use by" date, or (2) its specified number of uses. If we do not specify the expiry date, the number of uses, or a different warranty period (for example, in Supplementary Terms), the warranty will last for twelve (12) months from the date we ship the consumable. 7.2. Limited Warranties for Instruments. Unless a different warranty is included in the Supplementary Terms, or in the applicable quotation, we warrant that instruments will be free of defects in materials and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for 12 months from the date we ship the instrument to you, or in the case of instruments that require installation by our personnel, 12 months from installation, but in no event longer than 15 months from the date we ship the instrument to you. 7.3. Limited Warranty for Spare Parts. We also warrant that spare parts you purchase from us and that we install, or are installed by a company we have certified as an authorized installer, will be free of defects in materials and workmanship for 3 months from the date we deliver them, or, if longer, the original warranty period of the instrument in which the part is installed. We do not warrant parts that you do not purchase from us or we do not install. These parts are sold "as is". 7.4. Exclusions. In addition to our exclusion for third party products as set out in Section 7.7, our warranties do not apply to (a) normal wear and tear, (b) accident, disaster or event of force majeure, (c) your misuse, fault or negligence, (d) use of the products in a Page 2 of 7 manner for which they were not designed, (e) causes external to the products such as, but not limited to, power failure or electrical power surges, (f) improper storage and handling of the products (g) use of the products in combination with equipment or software that we did not supply; (h); instruments sold to you as 'used' products; (i) contact with improperly used or unapproved chemicals or samples ;(j) installation, removal, use, maintenance, storage, or handling in an improper, inadequate, or unapproved manner, such as, but not limited to, failure to follow our instructions or operating guidelines, or protocols, operation outside of stated environmental or use specifications, or operation with unapproved software, materials or other products; (k) manufacture in accordance with specifications you gave us; or (1) installation of software or interfacing, or use of the instrument in combination with software or products we have not approved. ADDITIONALLY, ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN US WITHOUT OUR PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS WE HAVE NOT SUPPLIED, WILL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. WE MAY ALSO VOID YOUR WARRANTY IF YOU SHIP THE PRODUCT OUTSIDE OF THE UNITED STATES. If we determine that products for which you requested warranty services are not covered by the warranty, you will pay or reimburse us for all costs of investigating and responding to such request at our then prevailing time and materials rates. If we provide repair services or replacement parts that are not covered by this warranty, you will pay us at our then prevailing time and materials rates. 7.5. Limitations. OUR WARRANTIES EXTEND ONLY TO YOU, THE ORIGINAL PURCHASER AND YOU CANNOT TRANSFER THEM. OUR OBLIGATION TO REPAIR OR REPLACE A PRODUCT IS YOUR SOLE REMEDY. EXCEPT AS WE'VE OTHERWISE STATED, WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PRODUCTS ARE ERROR- FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT. 7.6. Remedies. During the applicable warranty period only, for products not meeting our warranty, we agree, in our sole discretion, to repair or replace the non -conforming product and/or provide additional parts as reasonably necessary to comply with our warranty obligations, but you must first (a) promptly notify us in writing when you discover any defect or non-conformance, and include in the notice the details of your warranty claim as requested by Customer Services; and (b) after our review, assuming we authorize the product return, we will provide you with service data and/or a Return Material Authorization ("RMA"), which may include biohazard decontamination procedures and other product -specific handling instructions that you must follow. For valid product warranty claims timely made in accordance with this Agreement, you must return the non -conforming products to us, unless we agree otherwise, and we will prepay the shipping costs. For instruments only, we may choose to provide you, new or refurbished replacement parts. All replaced parts will become our property. We will ship your repaired or replaced products according to our Delivery terms in Section 4 of these Terms. 7.7. Third Party Products. We do not support or make any warranties about products manufactured or supplied by third parties that you purchased through any of our sales channels. When you buy a third party product, we will let you know that this purchase is governed by the third -party's own contract teens. You must look directly to the relevant third -party manufacturer for product support, warranties, and to make warranty claims. We agree, however, to assign to you any warranty rights we may have from the original manufacturer or third party supplier, to the extent the original manufacturer or third party supplier allows. 8. Indemnification 8.1. Our Indemnity. (A) Our General Indemnity. We will defend and indemnify you against third -party claims for injury to persons, including death, or damage to tangible property occurring while our employees are on your premises performing instrument related services, to the extent the claims are caused by our employees' negligent acts or negligent omissions, except to the extent caused by your negligent acts or negligent omissions. (B) Our Infringement Indemnity. We will defend and indemnify you against infringement damages finally awarded in any legal action brought by a third party against you to the extent that the action is based on a claim that our manufacture and sale of a product infringes any patent, copyright, trademark or other intellectual property right of such third party if we had actual knowledge of such intellectual property right and the actual infringement at the time of delivery of the product to you. This infringement indemnity does not apply to claims that arose based on (a) your failure to comply with the Agreement, (b) your failure to acquire any applicable Additional Rights, (c) products that we made, assembled or labeled in reliance upon your instructions, specifications, or other directions, (d) your use or resale of products, (e) modifications made by you or any third party; or (f) products originating from third parties. Additionally, our infringement related indemnity obligations will be extinguished if we, at our option and expense, either: (a) secure for you the right to continue using the product; (b) substitute the product with another suitable product with similar functionality; or (c) in the event (a) and (b) are not practical, refund to you the amortized amounts you paid for the infringing product, based on a 5 -year amortization schedule. THIS INDEMNITY IS OUR ONLY LIABILITY TO YOU, AND YOUR ONLY REMEDY, FOR ANY INFRINGEMENT OR CLAIMED INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS BY OR INCONNECTION WITH ANY PRODUCT. Page 3 of 7 (C) Conditions to Our Indemnity. As a condition to any of our indemnification obligations you must (a) notify us in writing, as soon as you become aware of any claim; (b) not admit any liability or take any other action in connection with the claim that could affect the defense; (c) allow us to solely control the defense or settlement of the claim; and (d) give us your reasonable information, co-operation and assistance. 8.2. Your Indemnity. You will indemnify, defend with competent and experienced counsel and hold us, including our parent, subsidiaries, affiliates and divisions, and their respective officers, directors, shareholders and employees, harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) suffered by any of the foregoing entities or individuals to the extent arising from or in connection with (a) your or your agents', employees', representatives' or contractors' negligence or willful misconduct; (b) use of a product we supplied to you in combination with equipment or software we did not supply you, where the product itself would not be infringing; (c) our compliance with designs, specifications or instructions you gave us; (d) use of a product in an application or environment for which it was not designed; (e) product modifications we did not make or approve in writing; and (f) your failure to acquire any applicable Additional Rights. 9. Software 9.1. Definitions. With respect to any software products incorporated in or forming a part of our products, you understand and agree that we are licensing such software products and not selling them, and that the words "purchase", "sell" or similar or derivative words are understood and agreed to mean "license", and that the word "you" is understood and agreed to mean "licensee". We, or our licensor, as applicable, retain all rights and interest in software products we provide you. 9.2. License. We hereby grant to you a royalty -free, non-exclusive, nontransferable license, without power to sublicense, to use software we provide you under this Agreement solely for your own internal business purposes on the hardware products we provide you hereunder, and to use the related documentation solely for your own intemal business purposes. This license terminates when your lawful possession of the hardware products provided hereunder ceases, unless earlier terminated as provided in this Agreement. 9.3. Restrictions. You agree to hold in confidence and not to sell, transfer, license, loan or otherwise make available in any form to third parties the software products and related documentation provided hereunder. You may not disassemble, decompile or reverse engineer, copy, modify, enhance or otherwise change or supplement the software products provided hereunder without our prior written consent. We will be entitled to terminate this license if you fail to comply with any term or condition herein. 9.4. Return of Software and Documentation. You agree, upon termination of this license, immediately to return to us all software products and related documentation provided hereunder and all copies and portions thereof. 9.5. Third Party Software. The warranty and indemnification provisions set forth in this Agreement will not apply to third party owned software products we provide you. 10. Intellectual Property 10.1. Limitation of Rights. As between you and us, we exclusively own all intellectual property rights relating to our products and services. Unless we expressly state otherwise in Supplementary Terms, our selling products to you grants you only a limited, nontransferable right under our intellectual property: only you may use the products you have bought from us, and only for your internal research purposes. No right to transfer, distribute or resell our products or any of their components is conveyed expressly, by implication, or by estoppel. Unless expressly permitted by us in writing, you will not modify, change, remove, cover or otherwise obscure any of our or our affiliates' brands, trade or service marks on the products. Nothing in the Agreement limits our ability to enforce our intellectual property rights. 10.2. Commercial Applications; Additional Rights. Unless we expressly state otherwise in Supplementary Terms, we give no rights to use our products in any commercial application, including manufacturing, quality control, or commercial services such as reporting the results of your activities for a fee or other consideration. If you need commercial use rights to our products (including the right to perform fee -for services), please contact our out -licensing department at outlicensing@lifetech.com. Where your use of our product is outside the scope of the Agreement, it is solely your responsibility to acquire additional intellectual property rights related to such use ("Additional Rights"). 10.3. Intellectual Property Ownership. We exclusively own all intellectual property rights in any inventions (patentable or otherwise), discoveries, improvements, data, know-how, or other results that are conceived, developed, discovered, reduced to practice, or generated by or for us, or jointly by you and us, in relation to processes, methods, or related synthesis of a custom product, or otherwise in connection with designing or manufacturing a custom product. You agree to transfer and assign to us all your right, title, and interest in and to any joint intellectual property. And at our request and at our expense, you will help us secure and record our rights in the intellectual property. 11. Custom Products Page 4 of 7 11.1. Declining to Make or Deliver. If you ask us to manufacture a custom product (such as an oligonucleotide kit intended to detect a nucleic -acid sequence you specified, a primer/probe, or another product with non -off-the-shelf elements), we may decline to design or manufacture that product—at any stage of the process—if the product is unsuitable or commercially impractical to be synthesized in the way you specified. If so, we will notify you, and you will not be obligated to pay any fees for any expenses we incurred in connection with the declined product. If a custom component or material fails, we may delay or cancel a custom product' s delivery without liability to us. 11.2. Your Responsibilities. By submitting an order for a custom product, you represent and agree that you: (A) have given us all information you know of regarding any biological, radiological, and chemical hazards associated with the handling, transport, exposure to, or other use of the materials you supply to us; and (B) have the right, including but not limited to any necessary intellectual property rights, to cause to be manufactured the sequences that you asked us to manufacture. 11.3. Custom Antibody Services. (A) Minimum titer. For custom -rabbit -antibody services we provide, the antibody will reach a minimum titer of 1:10,000 by our indirect ELISA assay if (1) you designed and produced the peptides or proteins used for immunization; (2) the design criteria do not contain your mandated limitations, including but not limited to, cross-reactivity requirements and narrowed -protein -sequence region; and (3) the antibodies are generated in rabbits. (B) Minimum Titer not Reached. If the antibody does not reach the minimum titer and all the above criteria are met, we will either boost one animal at no charge or alter the carrier or antigen to boost 1 animal for up to 2 months free of charge. Once one animal reaches the minimum titer of 1:10,000, our obligation is met. If a 1:10,000 titer cannot reasonably be achieved, we will give you a 50% discount on one custom rabbit antibody to be ordered within 6 months from the original antibody order date. 11.4. Animal Disposition. After we complete any custom -antibody service protocol, you have 7 business days to evaluate the antibody quality and to instruct us on the requested animal disposition. If we do not receive your instructions within that time, we will place the animals on hold and charge you daily maintenance fees according to our then -current fee schedule. If we do not receive your instruction within 30 days, we will schedule the animals for termination. We will send you an invoice for accrued charges. You must pay those fees before we will provide additional products or services. 12. Instrument -Related Services and Installation 12.1. Providing Services. When you purchase an instrument, we may install it and provide training, maintenance, repairs, or any other services that you and we expressly agree on. We also offer annual and other instrument -service plans. For full details of our instrument -service plans, please contact Customer Services. 12.2. Service and Installation Restrictions. If we install or service an instrument at your premises, it is your responsibility to ensure that the workplace where the instrument is to be located or serviced is safe. It is also your responsibility to move the instrument (uncrated) to the installation location, and onto any tabletop where it will be installed, to avoid any additional handling. We do not install or service instruments in biosafety -level -3 laboratories, unless you and we agree otherwise in writing in advance. Under no circumstances do we install or service instruments in biosafety -level -4 laboratories. 13. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO COSTS OF COVER, LOST PROFITS, LOST DATA, LOSS OF BUSINESS, LOSS OF GOODWILL OR LOSS OF REVENUE) THAT YOU MIGHT INCUR UNDER THE AGREEMENT, OR THAT MAY ARISE FROM OR IN CONNECTION WITH OUR PRODUCTS OR SERVICES, EVEN IF WE HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR ANY PRODUCT OR SERVICE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE PURCHASED, OR (B) $1,000,000 USD. HOWEVER, THESE PROVISIONS DO NOT LIMIT OUR LIABILITY THAT CANNOT BE LIMITED BY LAW. 14. Export Restrictions Page 5 of 7 14.1. Items. You acknowledge that each product and any related software and technology, including technical information we supply you, including those contained in product documents (collectively "Items"), is subject to U.S. government export controls. 14.2. Export Controls. The export controls may include, among others, those of the Export Administration Regulations of the U.S. Department of Commerce (the "EAR"), which may restrict or require licenses for the export of Items from the United States and their re-export from other countries. 14.3. Compliance Requirements. You must comply with the EAR and all other applicable laws, regulations, laws, treaties, and agreements relating to the export, re-export, and import of any Item. You must not, directly or indirectly, without first obtaining the required license to do so from the appropriate U.S. government agency, export re-export, distribute or supply any Item to (a) any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the U.S. government, or (b) any person or entity who is involved in improper development or use of nuclear weapons or of chemicals/biological weapons, or missiles, or in terrorist activities.. You will, if we request, provide information on the end user and end use of any Item you export or plan to export. 14.4. Audit Cooperation. You will cooperate fully with us in any official or unofficial audit or inspection related to applicable export or import control laws or regulations, and will indemnify and hold us harmless from, or in connection with, your or your consultants', agents' or employees' violation of this Section 14. 15. Medicare/Medicaid Renortint Requirements: If you are a recipient of Medicare/Medicaid funds, you acknowledge and agree that: (A) you have been informed of and agree to fully and accurately account for, and report on your applicable cost report, the total value of any discount, rebate or other compensation paid hereunder in a way that complies with all applicable federal, state and local laws and regulations which establish "Safe Harbor" for discounts. (B) you will make written a request to us in the event that you require additional information from us in order to meet your reporting requirements. (C) your agreement to comply with such reporting requirement was a condition precedent to our agreement to provide products and that we would not have entered into this Agreement had you not agreed. 16. Miscellaneous 16.1. No Assignment You may not delegate any duties nor assign any rights or claims hereunder without our prior written consent, and any such attempted delegation or assignment will be void. 16.2. Governing Law. The Agreement and performance under it will be governed by Delaware Texas law, without reference to its choice of law provisions. In the event of any legal proceeding between you and us relating to this Agreement, neither party may claim the right to a trial by jury. Any action arising under this Agreement must be brought within 1 year from the date that the cause of action arose. The U.N. Convention on Contracts for the International Sale of Goods is hereby expressly excluded. 16.3. Regulatory Restrictions. Unless otherwise expressly stated on the product or in the documentation accompanying our products, our products are intended for research only and are not to be used for any other purpose, including without limitation, unauthorized commercial uses, in vitro diagnostic uses, ex vivo or in vivo therapeutic uses, or any type of consumption by or application to humans or animals. You must use our products in accordance with our instructions. You are solely responsible for making sure that the way you use our products complies with applicable laws, regulations and governmental policies. You must obtain all necessary approvals and permissions you may need. It is solely your responsibility to make sure the products are suitable for your particular use. 16.4. Uncontrollable Circumstances. We will not be responsible or liable for failing to perform our obligations under the Agreement to the extent caused by circumstances beyond our reasonable control. In certain situations, we may use our reasonable judgment and apportion products then available for delivery fairly among our customers. 16.5. No Waiver: Invalidity. Our failure to exercise any rights under the Agreement is not a waiver of our rights to damages for your breach of contract and is not a waiver of any subsequent breach. If any provision or part of the Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of the Agreement. No person other than you or us will have any rights under the Agreement. 16.6. Headings. Headings are for convenience only and shall not be used in the interpretation of these Terms. 16.7. Confidentiality. You agree to keep confidential any non-public technical information, commercial information (including prices, without limitation) or instructions (including any gene sequences, oligo types or sequences) received from us as a result of discussions, negotiations and other communications between us in relation to our products or services, unless such information must be released pursuant to government order, state law, or subpoena: provided, however, that in such an instance, you will give us sufficient prior Page 6 of 7 notice to challenge or limit such disclosure, and further, you will limit any such disclosure to only information that is expressly required to be disclosed. 16.8. Notices. Any notice or communication required or permitted under these Terms must be in writing and will be deemed received when personally delivered, or 3 business days after being sent by certified mail, postage prepaid, to a party's specified address. 16.9. Requirement to Reduce to Writing. No waiver, consent, modification, amendment or changes to the terms of this Agreement will be binding unless in writing and signed by both of us. Our failure to object to terms contained in any subsequent communication from you will not be a waiver or modification of our Agreement. Updated August 3, 2016 Revised May 2, 2017 for City of Corpus Christi Page 7 of 7 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: April 25, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg©cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Construction Contract NASCC Truck Inspection Staging Area Motion authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of $1,109,801.44 for Naval Air Station Corpus Christi Truck Inspection Staging Area for the total Base Bid plus Additive Alternate No. 1. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Naval Air Station Corpus Christi (NASCC) Truck Inspection Staging Area Project. This project was developed under the Texas Military Value Revolving Loan Fund that provides financial assistance to defense communities in Texas to enhance the value of area military bases in support of the military mission. BACKGROUND AND FINDINGS: The NASCC Truck Inspection Station is one of five area projects that were identified to use proceeds from the Texas Military Value Revolving Loan Fund. Currently, the south gate at NAS Drive is the designated point of entry for all transport and shipments into NASCC. The proximity of the security gate to the truck inspection entrance causes congestion and conflict between delivery vehicles and other vehicles awaiting entry to the base. The new staging area will separate delivery vehicles from other traffic, enhancing safety and reducing delays. This project was developed in partnership with NASCC. This project is being funded under the Texas Military Value Revolving Loan Fund. That fund was established by the 78th Legislature to help communities support military installations. The NASCC Truck Inspection Staging Area Project is 1 of 5 local projects approved for the Texas Military Value Revolving Loan Fund. The approved projects are listed below: Military Value Revolving Loan Funds Project List Probable Cost ($) City Share ($) POCCA Share ($) Status Sam Rankin Road Improvements $1,726,124 $1,318,030 $408,094 Construction in closeout Land Acquisition $900,000 $900,000 Pending Offers/negotiations with the Property Owners S. Gate NASCC Truck Insp. Staging Area $1,500,000 $1,500,000 THIS ITEM NASCC Fence Improvements $500,000 $500,000 Construction planned start in July 2017 US Coast Guard Taxiway Kilo Extension $356,353 $356,353 Construction underway with completion in fall 2017 $4,982,478 $4,574,384 $408,094 Project Scope: This project provides for a new secure truck staging area for up to ten (10) 18 -wheel trucks on existing US Navy property. The new staging area and driveways are concrete pavement with new lighting, security fencing, and new bridge over dual 48" reinforced concrete pipes (RCP) that provide secure and separate access into the existing NASCC truck inspection station. The construction contractor must receive all security passes and access directly with NASCC Security. NASCC Public Works will provide the Supervision, Inspection and Overhead (SIOH) required for the construction phase with coordination with City Engineering Services. The SIOH services are standard with all projects on US Navy Installations at 3%. These services and cost were considered in the project development and budget. The project was developed with a Base Bid and Additive Alternative No. 1 described below: Base Bid: Includes the new concrete pavement, RCP pipes, channel improvements, new chain-link security fence and gates, lighting poles and circuits with miscellaneous storm water and other improvements. The channel improvements include excavation, clearing and bank stabilization extending approximately 250 linear feet (LF) from NAS Drive to a new bridge. The scope also includes removal of existing fencing, trees, vegetation and other site preparation. Additive Alternate No. 1: Extends the channel improvements downstream for an additional 1,000 LF to improve drainage and security. This project bid on March 29, 2017, the City received proposals from seven (7) bidders and the bids are as follows: Contractor Base Bid Additive Alternate No. 1 Mako Contracting Corpus Christi, Texas $1,019,129.44 $90,672.00 Alman Utilities and Construction, Inc. Corpus Christi, Texas $1,146,365.00 $123,890.00 Mitchell Enterprises Sherman, Texas $1,187,481.53 $102,096.00 SafeNet Corpus Christi, Texas $1,195,163.47 $129,987.00 DMB Construction Corpus Christi, Texas $1,220,956.45 $184,533.40 J. Carroll Weaver Sinton, Texas $1,285,014.24 $96,304.60 JM Davidson Aransas Pass, Texas $1,463,770.22 $865,171.20 Engineer's Opinion of Probable Cost $1,214,000.00 City Staff is recommending award of the Base Bid plus Additive Alternate No. 1. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Funding is available through the Military Revolving Funds. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget 1,500,000.00 1,500,000.00 Encumbered / Expended Amount 116,457.00 116,457.00 This item 1,109,801.00 1,109,801.00 Future Anticipated Expenditures This Project 179,480.00 179,480.00 BALANCE 94,262.00 94,262.00 Fund(s): Texas Military Preparedness Commission Tax Notes Comments: N/A RECOMMENDATION: City staff reviewed the bid documents and references and recommends the construction contract award to Mako Contracting in the amount of $1,109,801.44 for the Base Bid plus Additive Alternate No. 1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Certificate of Interested Parties Letter of Recommendation PROJECT BUDGET ESTIMATE NASCC Truck Inspection Staging Area PROJECT FUNDS AVAILABLE: Texas Military Prepardness Commission Tax Notes $ 1,500,000 TOTAL FUNDS AVAILABLE $ 1,500,000 FUNDS REQUIRED: Construction Fees: Construction (Mako Contracting) THIS ITEM - Base Bid + AA #1 $ 1,109,801 Streets 1,109,801 Contingency (10%) 110,980 Construction Inspection and Testing Fees- 50,786 Supervision, Inspection and Overhead (NASCC) 34,000 Construction Inspection Services 11,250 Construction Material and Testing Services (Rock) 5,536 Design Fees- 65,671 Engineering Design (LNV, Inc.) Original 47,206 Lighting Design (Maldonado Burkett) Original and Amendment No. 1 9,465 Geotechnical Testing (Rock) 9,000 Reimbursement Fees- 68,500 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 30,000 Engineering Services (Project Mgt) 37,500 Misc. (Printing, Advertising, etc.) 1,000 TOTAL 1,405,738 ESTIMATED PROJECT BUDGET BALANCE $ 94,262 Texas State AquariumQl Corpus Christi Elm �0� co co 0/24 PROJECT LOCATION Ward island LOCATION MAP NOT TO SCA1 F Project Number: E16280 Naval Air Station Corpus Christi Truck Inspection Staging Area CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES _MEM Corpus Chr sti Engineering NASCC Truck Inspection Staging Area Council Presentation May 23, 2017 Project Location 4000 Corpus Chr sti Engineering 0 02 Naval Air Station Corpus Christi Truck Inspection Staging Area 6;010 Oc Project Vicinity �hrsti Engineering Naval Air Station Corpus Christi Truck Inspection Area (Existing) South Gate (Existing) Naval Air Station Corpus Christi Truck Inspection Staging Area 3 Project Scope �hrsti Engineering Provides improved security and safer vehicle movements to enhance NASCC infrastructure and mission with the new Truck Staging Area at the south gate of NASCC that includes: New concrete pavement staging area and driveways New bridge with dual 48" RCP over the existing approximate 60' channel Channel excavation, clearing and stabilization (250LF Base Bid with 1,000LF by Additive Alternative) New lighting, chain-link security fencing and gates with other miscellaneous. site and other improvements * NASCC will provide construction inspection and oversight with coordination with City Engineering Services 2017 Project Schedule �hrsti Engineering 2016 A s O N D Wes,MM M A M Bid Award Construction Estimate: 180 days A s O Er Construction CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Mako Contracting, LLC Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. NASCC/City of Corpus Christi OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-190419 Date Filed: 04/10/2017 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. E16280 Construction of Truck Inspection Staging area, sitework, site concrete, Storm sewer system, electrical. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Goodman, Gabriel Corpu, TX United States Controlling Intermediary x 5 Check only if there is NO Interested Party. 6 AFFIDAVIT LINDA GAIL IVJE MY COMMISSION EXPIRES MAY 17, 2019 D 27 IPLi33 AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 20 , to certify which, witness my hand an I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. of authorized agent of contracting business entity Signature of officer administerin oath Printed name of officer administering oath I, I day of Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 INFORMAL STAFF REPORT MEMORANDUM To: Jeff Edmonds, P.E., Director of Engineering Services From: Jerry Shoemaker, P.E., Senior Program Manager of Engineering Services Date: April 19, 2017 Subject: NASCC -- TRUCK INSPECTION STAGING AREA The City received proposals from seven (7) bidders at City Hall at 2:OOpm on March 29, 2017, see attached bid tabulations. The Engineer's Opinion of Probable Construction Cost (OPCC) for the base bid was $1,214,000, plus $218,592 for Additive Alternative No. 1. Additive Alternative No. 1 increases the ditch clearing approximately 1,000 LF to improve drainage and visibility for security. The approved funding for this project is $1.5M, with $1,270,202 available for construction (includes 10% for contingency), and therefore sufficient funding for award. See attached budget worksheet. The contractor's bids and references were checked and determined that the low bidder has the relevant past experience required. Therefore, staff recommends the construction contract award to Mako Contracting, LLC of Corpus Christi, in the amount of $1,109,801.44 for the NASCC - Truck Inspection Staging Area, Project No. E16280, Base Bid of $1,019,129.44 plus Additive Alternative No. 1 of $90,672.00 for a total award of $1,109,801.44. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: May 23, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Executive Director of Utilities DanG(c�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kimb2(c�cctexas.com (361) 826-3169 Supply Agreement for Liquid Aluminum Sulfate for Water Utilities CAPTION: Motion approving a supply agreement with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey for liquid aluminum sulfate for water treatment in accordance with RFB 1072, based on lowest responsive, responsible bid, for a total amount of $1,532,180.00 of which $510,727.00 is budgeted in the Water Funds for FY2016-17. PURPOSE: This item is to approve the purchase of liquid aluminum sulfate for water treatment. BACKGROUND AND FINDINGS: Liquid aluminum sulfate is used for water treatment as a primary coagulant. Coagulants cause very fine particles to clump together into larger particles that will either settle out in the sedimentation basins or will be removed by the filters. The City received three responsive bids, out of 52 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, Chemtrade Chemicals US, LLC. ALTERNATIVES: The equipment identified is the optimum choice. 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: Utilities Department — Water FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $5,516,252.15 $1,021,453.00 $6,537,705.15 Encumbered / Expended Amount $4,382,620.71 $0.00 $4,382,620.71 This item $510,727.00 $1,021,453.00 $1,532,180.00 BALANCE $622,904.29 $0.00 622,904.29 Fund(s): Water Comments: The initial contract term total is $1,532,180.00, of which $510,727.00 will be funded in FY2016-17. The total estimated contract value will be $4,596,540.00 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 Supplier BID TABULATION - 1072 Liquid Aluminum Sulfate March 27, 2017 Recorded by: Cynthia Perez Supplier Supplier TOTAL: $2,015,000.00 $1,532,180.00 $2,917,590.00 Brenntag Southwest Chemtrade Geo Specialty Longview, TX Parsippany, NJ Little Rock, AR Unit Extended Unit Extended Unit Extended Item Description Qty. Unit Price Price Price Price Price Price 1 Liquid Aluminum Sulfate Coagulant 13,000 Wet Ton $ 155.000 $2,015,000.00 $117.860 $ 1,532,180.00 $ 224.430 $ 2,917,590.00 TOTAL: $2,015,000.00 $1,532,180.00 $2,917,590.00 SUPPLY AGREEMENT NO. 1072 Liquid Aluminum Sulfate for Water Treatment THIS Liquid Aluminum Sulfate for Water Treatment Supply Agreement (''Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Chemtrade Chemicals US LLC ("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 Liquid Aluminum Sulfate for Water Treatment in response to Request for Bid No. 1072 ("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 Liquid Aluminum Sulfate 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. Compensation and Payment. The total value of this Agreement is not to exceed $1,532,180.00, 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 of 7 this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche Garza Department: Utilities Treatment, Water Utility Support Svc Group Phone:(361) 826-1827 Email:DianaG@cc.texas.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 Managers written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 7 Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 7 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, HCA 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: Diana Zertuche Contract Administrator/Funds Administrator 13101 Leopard St., Corpus Christi, Texas 78410 Fax: (361) 826-4488 IF TO SUPPLIER: Chemtrade Chemicals US LLC Attn: Parul Kachhia - Patel Marketing Specialist 90 East Halsey Road, Parsippany, NJ 07054 Fax: (973) 515-4461 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 4of7 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/TS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 7 but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 7 SUPPLIER C CA S Signature: Printed Name: PARUL I<ACHHIA-PATEL Title: MARKETING SPECIALIST Date: MAY 3, 2017 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. 1072 Exhibit 2: Supplier's Bid Response City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 7 1.1 Attachment A: Scope of Work General Requirements/Background Information It is the intent of this specification to describe liquid aluminum sulfate to be used for as a primary coagulant for water treatment. Coagulants cause very fine particles to clump together into larger particles that will either settle out in the sedimentation basins or will be removed by the filters. The annual requirement for Liquid Aluminum sulfate is 13,000 tons using an Aluminum Sulfate solution based on a solution that contains 8.0 percent as A1203. The quantity required is based on the last years' dosage of 300 pounds liquid per million gallons and treating 27,500,000,000 gallons of water. 1.2 Product Specifications Liquid Aluminum Sulfate must contain water soluble aluminum of not less than 4.23 % nor more than 4.5 % as Al or, not less than 8.0 % nor more than 8.5 % as A1203; contains no substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water that has been properly treated with it; contains total iron, as Fe203 of not more than 0.027%; contains insoluble matter of not more than 0.2%; does not contain Arsenic in excess of 1.00 mg/kg. A. Water treating chemicals must conform to: 1. American National Standards Institute/National (ANSI) Sanitation Foundation Institute Standard for Drinking Water Treatment Chemical - Health Effects, ANSI/NSF 60. 2. American National Standards Institute/American Water Works Association standard for Aluminum Sulfate (Liquid) ANSI/AWWA B403-03. 3. The liquid aluminum sulfate solufion shall be watery clear white to clear in color and shall not have any hue (red, green, yellow, blue, black, or brown). 4. Per AWWA requirements the liquid aluminum sulfate solution shall have a total organic carbon (TOC) content of 30 mg/L or less. 5. The liquid aluminum sulfate solution shall be free from all odors. 6. Any deviation from the following shall be grounds for returning the material to the supplier at their cost. 1.3 Delivery and Weighing Requirements A. Each shipment shall be in approximately 4,000 -gallon tank truck lots. B. Each chemical shipment must be weighed by local certified weighers before delivery to and after unloading at the O.N. Stevens Water Treatment Plant. The truck driver must promptly deliver chemical shipment weight "ticket" or legible copies to the City of Corpus Christi, Contract Administrator, 13101 Leopard St., Corpus Christi, Texas 78469-9277. C. Deliveries will be made Monday through Friday, 8 A. M. to 5 P. M. only, unless an emergency arises, then the Contract Administrator may approve after hour deliveries. D. The Supplier must provide a chemical analysis for each chemical shipment, and the chemical analysis must include the A1203 percentage, specific gravity, pH, Fe mg/liter, turbidity NTU and attach a copy of the form for providing the chemical analysis. E. The City will take a sample of each chemical shipment prior to unloading of the chemical. Any chemical shipment that has an odor or a hue (red, green, yellow, blue, black, or brown) will be rejected. Amber green is acceptable. F. If any chemical shipment has a total organic carbon (TOC) content of more than 30 mg/1 or any other contaminants, the Supplier must: remove all chemical from the tank into which the chemical with more than 30mg/1 TOC or any other contaminants was unloaded; clean the tank and properly dispose of all removed chemical; and provide a new chemical shipment at its sole cost. 1.4 Ownership City's ownership of the Liquid Aluminum Sulfate begins, upon completion of unloading of the chemical at the 0. N. Stevens Water Treatment Plant. 1.5 Supplier Quality Control and Superintendence The Supplier shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Supplier will also provide supervision of the work to insure it complies with the contract requirements. 1.6 Billing The Supplier must base billing and pay quantity for each chemical shipment on "local" certified weight tickets for delivery of Liquid Aluminum Sulfate. The City may reject any chemical shipments containing less than 8.0 percent or more than 8.5 percent as not meeting specifications for A1203. Attachment B: Bid/Pricing Schedule Date: Bidder: 1. Refer completing 2. Quote 3. In submitting a. b. Bidder c. Bidder required d. Bidder CITY OF CORPUS BID PURCHASING RFB No. 1072, Liquid MARCH a, 2017 FORM DIVISION Aluminum Authorized Signature: Terms at any regard and and company of CHRISTI Sulfate for Water Treatment PAGE 1 OF 1 �/ 4 .- CHEMTRADE CHEMICALS US LLC to "Instructions to Bidders" and Contract bid. your best price for each Rem. this bid, Bidder certifies that: the prices in this bid have been arrived communication, or agreement with purpose of restricting competition with is an Equal Opportunity Employer; on file with City's purchasing office, pursuant and true. is current with all taxes due govemmental agencies. acknowledges receipt and review PARUL KACHHIA-PATEL MARKETING SPECIALIST and Conditions before independently. without consultation, other Bidder or competitor, for the to prices; the Disclosure of Interest information to the Code of Ordinances, is current is in good standing with all all addenda for this RFB. Item Description .. UNIT QTY Unit Price Total Price 1. Liquid Aluminum Sulfate Coagulant Wet tons 13,000 *$117.86 $1,532,180.)o *FOR CONVERSION PURPOSES ONLY, PRICE EQUATES TO $243.00 PER DRY TON. SAMPLE SENT UNDER SEPARATE ENVELOPE ON MARCH 10TH. ATTACHMENT C: INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the 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 all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $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) Employer's Liability Statutory and complies with Part II of this Exhibit. 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: $500,000/$500,000/$500,000 POLLUTION LIABILITY (Including Cleanup and remediation) $1,000,000 Per Incident Limit $1,000,000 Aggregate 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; • Workerscompensation 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, cancellafion, 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. 2017 Insurance Requirements City of Corpus Christi - Purchasing Division Liquid Aluminum Sulfate Delivery 03/03/17 sw Risk Management Attachment D: Warranty Warranty requirements are not needed for the Supply Agreement orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties, OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-201668 Date Filed: 05/03/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CHEMTRADE CHEMICALS US LLC Parsippany, NJ United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. CITY OF CORPUS CHRISTI 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 1072 SUPPLY OF LIQUID ALUMINUM SULFATE 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear, o affirm under penalty of pe ury,'that the above di re is true and correct. � t/ i 4'4" Signature of authorized agent of contracting business entity PARUL KACCHIA-PATEL, MARKETING SPECIALIST AFFIX NOTARY STAMP / SEAL ABOVE Swom to and subscribed before me, by the said PARUL KACHHIA-PATEL , this the 3RD day of MAY , 20 17 to certify which, witness my hand and seal of office. Mary FCukor Notary Publio New Jersey Emires 104141 . My CejnmIsslon Sign)27f officer administering oath Printed name of officer administering oath Title of officer administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: May 23, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director of Utilities DanG@cctexas.com (361) 826-1718 Temple Williamson, Interim Assistant Director of Wastewater Treatment TempleW@cctexas.com (361)826-1805 Kim Baker, Assistant Director of Financial Services, Finance Kimb2@cctexas.com (361) 826-3169 Service Agreement for Closed Circuit Television (CCTV) Inspection and Cleaning of Large Diameter Wastewater Line for Wastewater Division CAPTION: Motion approving a service agreement with CSI Consolidated, LLC dba Clean Serve, LLC, of Pearland, Texas for closed circuit televised inspection (CCTV) of large diameter wastewater lines in accordance with RFB 1004/194, based on lowest responsive, responsible bid, for a total amount of $536,553.75 of which $134,138.00 is budgeted in the Water Fund for FY2016-17. The term of this agreement is for one year with an option to extend for up to four additional one-year periods, subject to the sole discretion of the City. PURPOSE: This service agreement will help the Wastewater Division with the CCTV inspection of large diameter wastewater lines. The City received two responsive bids and one no -bid, out of 18 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, CSI Consolidated, LLC dba Clean Serve, LLC. BACKGROUND AND FINDINGS: The Contractor shall provide CCTV inspection and cleaning of large diameter Wastewater lines within the City's right-of-way and on public property. ALTERNATIVES: The equipment identified is the optimum choice. 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: Utilities Department — Wastewater FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $6,668,633.62 $402,415.75 $7,071,049.37 Encumbered / Expended Amount $5,356,094.02 $0.00 $5,356,094.02 This item $134,138.00 $402,415.75 $536,553.75 BALANCE $1,178,401.60 $0.00 $1,178,401.60 Fund(s): WASTEWATER FUND Comments: The initial contract term total is $536,553.75, of which $134,138.00 is funded in FY2016- 17. The total estimated contract value will be $2,682,768.75 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LYDIA JUAREZ BID TABULATION BID EVENT NO. 1004/194 CCTV CLEANING & INSPECTION LARGE DIAMETER ITEM DESCRIPTION UNIT QTY Ferguson Corpus Christi, Texas CSI Consolidated,LLC dba Clean Serve, LLC Pearland, Texas Ace Pipe Cleaning, Inc. Fort Worth, Texas UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 JOB MOBILIZATION SEWER CLEANING, CCTV EA 6 NO BID $1,700.00 $10,200.00 $14,950.00 $89,700.00 2 JOB MOBILIZATION EMERGENCY EA 1 NO BID $2500.00 $2,500.00 $17,950.00 $17,950.00 3 TRAFFIC CONTROL ARTERIAL STREET DAY 20 NO BID $1,200.00 $24,000.00 $1,600.00 $32,000.00 4 TRAFFIC CONTROL COLLECTOR STREET DAY 10 NO BID $1,500.00 $15,000.00 $1,500.00 $15,000.00 5 TRAFFIC CONTROL LOCAL ACCESS STREET DAY 20 NO BID $1,000.00 $20,000.00 $950.00 $19,000.00 6 TRAFFIC CONTROL TXDOT ROW DAY 5 NO BID $3,500.00 $17,500.00 $1,500.00 $7,500.00 7 TRAFFIC CONTROL CHANGEABLE VARIABLE MESSAGE BOARDS (EA) DAY 40 NO BID $350.00 $14,000.00 $100.00 $4,000.00 8 LIGHT TO MEDIUM CLEANING 18" PIPE SIZE LF 2,500 NO BID $2.15 $5,375.00 $12.00 $30,000.00 9 LIGHT TO MEDIUM CLEANING 20-21" PIPE SIZELF 1,500 NO BID $2.15 $3,225.00 $12.50 $18,750.00 10 LIGHT TO MEDIUM CLEANING 24" PIPE SIZE LF 2,500 NO BID $2.85 $7,125.00 $18.00 $45,000.00 11 LIGHT TO MEDIUM CLEANING 27" PIPE SIZE LF 1,200 NO BID $2.85 $3,420.00 $24.00 $28,800.00 12 LIGHT TO MEDIUM CLEANING 32" PIPE SIZE LF 1,200 NO BID $5.65 $6,780.00 $24.00 $28,800.00 13 LIGHT TO MEDIUM CLEANING 36" PIPE SIZELF 1,500 NO BID $5.65 $8,475.00 $24.00 $36,000.00 14 LIGHT TO MEDIUM CLEANING 42" PIPE SIZE LF 1,200 NO BID $6.40 $7,680.00 $26.00 $31,200.00 15 LIGHT TO MEDIUM CLEANING 48" PIPE SIZE LF 800 NO BID $6.40 $5,120.00 $35.00 $28,000.00 16 LIGHT TO MEDIUM CLEANING 54" PIPE SIZE LF 800 NO BID $9.30 $7,440.00 $40.00 $32,000.00 17 LIGHT TO MEDIUM CLEANING 60" PIPE SIZELF 800 NO BID $9.30 $7,440.00 $40.00 $32,000.00 18 HEAVY CLEANING 18" PIPE SIZE LF 2,500 NO BID $8.10 $20,250.00 $13.20 $33,000.00 19 HEAVY CLEANING 20"-21" PIPE SIZE LF 1,500 NO BID $810 $12,150.00 $13.75 $20,625.00 20 HEAVY CLEANING 24" PIPE SIZELF 2,500 NO BID $12.35 $30,875.00 $19.80 $49,500.00 21 HEAVY CLEANING 27"PIPE SIZE LF 1,200 NO BID $12.35 $14,820.00 $26.40 $31,680.00 22 HEAVY CLEANING 30" PIPE SIZELF 1,200 NO BID $24.70 $29,640.00 $26.40 $31,680.00 23 HEAVY CLEANING 36" PIPE SIZE LF 1,500 NO BID $24.70 $37,050.00 $26.40 $39,600.00 Page 1 of 3 ITEM DESCRIPTION UNIT QTY Ferguson Corpus Christi, Texas CSI Consolidated,LLC dba Clean Serve, LLC Pearland, Texas Ace Pipe Cleaning, Inc. Fort Worth, Texas UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 24 HEAVY CLEANING 42" PIPESIZE LF 1,200 NO BID $29.15 $34,980.00 $28.60 $34,320.00 25 HEAVY CLEANING 48" PIPE SIZELF 800 NO BID $29.15 $23,320.00 $38.50 $30,800.00 26 HEAVY CLEANING 54" PIPESIZE LF 800 NO BID $41.70 333,360.00 $44.00 $35,200.00 27 HEAVY CLEANING 60"PIPE SIZE LF 800 NO BID $41.70 $33,360.00 $44.00 $35,200.00 28 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 18" PIPESIZE LF 500 NO BID 38.50 $4,250.00 $24.00 $12,000.00 29 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 20"-21" PIPE SIZE LF 250 NO BID 38.50 $2,125.00 $24.00 $6,000.00 30 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 24" PIPESIZE LF 500 NO BID $10.40 $5,200.00 $24.00 $12,000.00 31 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 27" PIPE SIZE LF 150 NO BID $10.40 $1,560.00 $24.00 $3,600.00 32 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 3D" PIPESIZE LF 150 NO BID $12.75 $1,91250 $35.00 $5,250.00 33 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 36" PIPE SIZELF 250 NO BID $12.75 $3,187.50 $35.00 $8,750.00 34 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 42" PIPESIZE LF 150 NO BID $19.00 $2,850.00 $35.00 $5,250.00 35 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 48» PIPE SIZE LF 75 NO BID $19.00 $1,425.00 $35.00 $2625.00 36 LIGHT TO MEDIUM GROUT REMOVAL CLEANING » PIPE SIZE LF 75 NO BID $25.50 $1,912.50 $40.00 $3,000.00 37 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 60" PIPE SIZE LF 75 NO BID $25.50 $1,91250 $40.00 $3,000.00 38 HEAVY GROUT REMOVAL CLEANING 18" PIPE SIZE LF 500 NO BID $20.95 $10,475.00 $70.00 $35,000.00 39 HEAVY GROUT REMOVAL CLEANING 20"-21"PIPE SIZELF 250 NO BID $20.95 $5,237.50 $70.00 $17,500.00 40 HEAVY GROUT REMOVAL CLEANING 24" PIPE SIZE LF 500 NO BID $24.55 $12275.00 $70.00 $35,000.00 41 HEAVY GROUT REMOVAL CLEANING 27" PIPESIZE LF 150 NO BID $24.55 $3,682.50 $70.00 $10,500.00 42 HEAVY GROUT REMOVAL CLEANING 3D" PIPESIZE LF 150 NO BID $29.70 $4,455.00 $70.00 $10,500.00 Page 2 of 3 ITEM DESCRIPTION UNIT QTY Ferguson Corpus Christi, Texas CSI Consolidated,LLC dba Clean Serve, LLC Pearland, Texas Ace Pipe Cleaning, Inc. Fort Worth, Texas UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 43 HEAVY GROUT REMOVAL CLEANING 36" PIPE SIZE LF 250 NO BID $29.70 $7,425.00 $76.00 $19,000.00 44 HEAVY GROUT REMOVAL CLEANING 42" PIPE SIZE LF 150 NO BID $37.55 $5,632.50 $76.00 $11,400.00 45 HEAVY GROUT REMOVAL CLEANING 48» PIPE SIZE LF 75 NO BID $37.55 $2,816.25 $76.00 $5,700.00 46 HEAVY GROUT REMOVAL CLEANING » PIPE SIZE LF 75 NO BID $56.00 $4,200.00 $76.00 $5,700.00 47 HEAVY GROUT REMOVAL CLEANING 60" PIPE SIZE LF 75 NO BID $56.00 $4,200.00 $76.00 $5,700.00 48 REVERSE SETUP ALL PIPE SIZES EA 10 NO BID $100.00 $1,000.00 $150.00 $1,500.00 49 ADDER FOR ITEMS 8-47 COST PER (ADDITION) LF 100 NO BID $050 $50.00 $20.00 $2,000.00 50 CCTV 18" PIPE SIZE LF 2,500 NO BID $0.85 $2,125.00 $4.75 $11,875.00 51 CCTV 27"-21"PIPE SIZE LF 1,500 NO BID $0.85 $1,275.00 $4.50 $6,750.00 52 CCTV 24" PIPE SIZE LF 2,500 NO BID $0.90 $2,250.00 $7.00 $17,500.00 53 CCTV 27" PIPESIZE LF 1,200 NO BID $0.90 $1,080.00 $7.00 $8,400.00 54 CCTV 3D" PIPE SIZE LF 1,200 NO BID $1.05 $1,260.00 $7.00 $8,400.00 55 CCTV 36" PIPESIZE LF 1,500 NO BID $1.05 $1,575.00 $7.15 $10,725.00 56 CCTV 42" PIPESIZE LF 1,200 NO BID $1.10 $1,320.00 $9.50 $11,400.00 57 CCTV 48" PIPE SIZE LF 800 NO BID $1.10 $880.00 $9.50 $7,600.00 58 CCTV 54" PIPESIZE LF 800 NO BID $1.20 $960.00 $9.50 $7,600.00 59 CCTV 60" PIPE SIZE LF 800 NO BID $1.20 $960.00 $9.50 $7,600.00 Total NO BID $536,553.75 $1,156,130.00 Page 3 of 3 SERVICE AGREEMENT NO. 1004 CLOSED CIRCUIT TELEVISED (CCTV) CLEANING AND INSPECTION OF LARGE DIAMETER WASTEWATER LINES THIS Closed Circuit Televised (CCTV) Cleaning and Inspection of large Diameter Wastewater Lines Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and CSI Consolidated, LLC dba Clean Serve, LLC ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Wastewater Lines in response to Request for Bid/Proposal No. 1004/194 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Wastewater Lines ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to four additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $536,553.75, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 8 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 this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Temple Williamson Department: Utilities Department Phone: 826-1805 Emai: Templew@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Temple Williamson Title: Interim Assistant Director of Wastewater Treatment Address: 2726 Holly Road, Corpus Christi, Texas 78415 Fax: 361-826-4317 IF TO CONTRACTOR: CSI Consolidated, LLC dba Clean Serve, LLC Attn: David Groce Title: Manager Address: 3808 Knapp Rd. Pearland, TX 77581 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 Fax: 281-485-8820 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 8 CONTRACTOR Signature: Printed Name: Lrr9 Title: Date: -!. ` / 7 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1004/194 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1116 Page 8 of 8 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Closed Circuit Television (CCTV) Inspection and Cleaning of Large Diameter Wastewater Line within the City's right-of-way and on public property as outlined in this Scope of Work. 1.2 Scope of work A. General 1. The scope of work consists of furnishing all labor, materials, equipment, supervision and performing all work necessary to internally inspect, clean and record the condition of designated wastewater collection system pipelines ranging in diameter from 18" to 60". Work includes, cleaning of the pipeline (from the most upstream reaches of the study area downstream toward the outfall or lift station) using high pressure water jets, use of mechanical cleaning equipment or other means as may be required, removal of remote obstructions, and the transport and disposal of waste materials generated by the cleaning process. It is the intent in this project that NO flow control/bypassing of the system will be performed. All work will be performed with active flow conditions during all phases of the work. City crews will not be available for large duration assistance on any portion of the project. Approved methods for conducting the internal inspection of pipelines include the use or combination of closed circuit television cameras, sonar equipment, or pipeline scanners that are specifically designed for use in and for the inspection of large diameter wastewater collection system pipelines. The City shall not be held responsible for any delays in the work. The Contractor shall work with the City to minimize any delays. All work will be performed in accordance with these specifications with regard to quality, workmanship, hardcopies and electronic deliverables, and schedule. 2. The Utility Department will provide reference maps highlighting the wastewater line segments to be cleaned and inspected during this project. 3. The Utility Department will provide reference ID asset numbers for all manholes and pipelines on the maps. These reference numbers shall be utilized by the Contractor(s) on the video inspection reports. An Excel spreadsheet will be provided to the Contractor that will list upstream and downstream manhole locations, location descriptions, access location (i.e. street/easement), and GIS footage. Additional columns will allow the Contractor to record linear footage cleaned, segment CCTV footage, reversal linear footage, direction of camera travel, comments, and section complete status. Page 1 of 30 RFB Template 10.10.16 4. It shall be the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing work on any and all City -related projects or jobs (to include, but not necessarily limited to "Confined Space Entry"). 5. The Contractor shall obtain all required municipal and other governmental license and permits. The Contractor shall obtain approval or consent from utilities or carriers, such as a telephone companies or other persons or organizations or authorities upon whose proper performance of work under the contract might affect. The contractor shall request written release from responsibility for the performance of work under the contract if and to the extent such work is preclude by the inability to obtain such approval or consent. For the duration of the contract, the Contractor shall abide by all federal, state, and local laws and regulations. 6. The Contractor shall notify third parties (such as public and private utilities) of their intent to perform work in an area where such parties may have rights to underground property or facilities and request maps or other descriptive information as to the nature and location of such underground facilities or property and assurance of the Contractor's ability to enter upon any public private lands to which assess is required for performance of the work under contract. The Contractor shall obtain written permission for access to private property where easement is inadequate. 7. The Contractor shall review all available information pertinent to the project site, including reports prepared under previously accomplished studies or surveys and any other data relating to the design of the project, including maps, drawings, construction specifics, sewer system records etc., as provided by the City. The Contractor shall request these documents as least five days in advance. 8. The Contractor shall obtain a secure storage area of a size that can adequately accommodate the required equipment, vehicles, and materials for the period of performance of the agreement at the Contractor's expense. 9. The Contractor shall have the ability to communicate with the City at all times. 10.The Contractor shall have a cellular telephone at which the Contractor's superintendent can be reached at any time. The Contractor shall provide daily notification of work locations to the City's designated Project Representative. The Contractor shall also immediately notify the City in the event that a point repair is required or if lodged equipment causes a blockage, spill or an overflow. Page 16 of 59 RFB Template 10.10.16 11. If, during the Contractor's operation in the collection system, evidence of an imminent or potential pipe collapse (such as pieces of pipe, fresh soil, or backfill are noted in the debris removed from the system) or other situations that would result in a public hazard, the Contractor shall immediately halt work on that line segment and contact the City Administrator. 12.The Contractor shall make every reasonable effort to control sewer and other offensive odor in the areas surrounding the work by placing odor blocks and venting or covering opened manholes when required. 13.In the area where brush and other vegetation make access to the sewer mains designated for cleaning and inspecting less than desirable and/or the route to the sewer access point(s) is not via a recorded easement, the Contractor shall provide its own access to sewer access points for the purpose of cleaning and inspection. Contractor will coordinate with property owner/resident to unlock gates or secure livestock and/or pets during field activities. The Contractor shall respect all private and public property owner's rights. Any fence removal and replacement, clearing, mowing, and/or trimming of trees, bushes, grass, plants, etc. for the ingress and regress by the Contractor to a designated project site will be the Contractor's responsibility. 14.AII customer that refusal to allow access, vegetation clearing, or any other work required by the contractor shall be referred to the City Administrator as soon practicable and documented in writing within 48 hours for City action and follow- up. B. Work and Materials Provided by the City The Utility Department will provide the following at no cost to the Contractor: 1. Community awareness measures and project signage informing that sewer maintenance is scheduled with the Contractor. 2. Instructions on how to respond to residents that approach the Contractor during the sewer cleaning and inspection process. 3. Legal and physical access to collection system manholes on the portions of sewer within the project limits. 4. Exposure of buried manholes and assistance in opening seized manhole lids that could not be accessed or opened by the Contractor using normal industry standard procedures. 5. Any excavation, opening, backfilling, and/or repair of sewers, and/or streets, required to remove the Contractor's equipment caught in the sewer pipe due to sewer defects and not caused by the Contractor's negligence. See Section on "Emergency Pipeline Blockage Plan". Page 2 of 30 RFB Template 10.10.16 6. The Contract administrator will act as liaison between the Utility Department and the Contractor for the duration of the project. 7. A debris dump location to unload materials removed from the sewer pipes during cleaning. This facility is to be used only during the contract time limits and only for sewers located in Corpus Christi that have been authorized to be cleaned in this contract. 1.3 TRAFFIC CONTROL A. The Contractor shall be responsible for and provide sufficient traffic control measures to ensure safe conditions and to minimize inconveniences to motorists. Temporary traffic control devices shall conform to the latest edition of the Texas Manual on Uniform Traffic Control Devices, which provides a number of typical temporary traffic control plans that may be implemented into the project. The Contractor shall determine if revisions or modifications to these typical plans are required for any specific site and, when required by City staff, shall submit the plans to the Traffic Department for approval. The Contractor is responsible for determining whether the traffic control is sufficient for road/traffic conditions and for acquiring any necessary permits from the City. B. For work adjacent to, in, or under TxDOT ROW, the Contractor shall obtain all necessary TxDOT permits and strictly adhere to all provisions contained therein. C. The Contractor shall furnish, install, move, replace, and maintain all necessary temporary traffic controls, including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary detours, temporary striping and markers, flag -men and such temporary devices, and the relocation of existing signs and devices as necessary to safely complete the project. D. Temporary traffic controls shall be measured and paid on a per day basis. Payment for traffic control will be based on the roadway classification where traffic control measures are required. The four classifications to be utilized in this project are arterials (assumed to be 30% of work order sites), collectors (assumed to be 11% of work order sites), local access streets (assumed to be 56% of work order sites and TxDOT ROW (assumed to be 3% of work order sites). These percentages are for information purposes only, are not guarantees, and will vary from actual quantities awarded. E. Arterial streets are those streets that bring traffic to and from the freeway and accommodate high volumes of cross-town traffic. Collectors are defined as those streets that collect and distribute traffic to and from local streets, other collectors, arterials, and freeway frontage roads. Page 3 of 30 RFB Template 10.10.16 F. Local access streets are defined as those streets that provide access to individual residences, elementary schools, and parks within a neighborhood. Street classifications are defined in and may be referenced in the latest edition of the City of Corpus Christi Urban Transportation Plan found on the City of Corpus Christi's website in the following location: http://www.cctexas.com/Assets/Departments/Development-Services/Files/design- standards/UrbanTransportationPlanMap.pdf G. TxDOT roadways/ROWs are those operated and maintained by TxDOT. A. Water Meter 1. The Contractor will obtain and place a refundable deposit on a City -provided hydrant meter to record water used for cleaning operations. Water will be provided at no cost to the Contractor, provided the Contractor submits monthly use records, as required by the City Administrator. 2. The Contractor will be allowed to use hydrants that are near the work being performed and will adhere to any restrictions in the event that specific areas are not available to obtain water. The Contractor will use caution when opening and closing hydrants to prevent surges, damage to hydrants, or turbidity within the water main. The Contractor will be responsible for any loss or neglectful damage to the hydrant meter and any damages to hydrants; it is the Contractor's responsibility to connect to hydrants that are observed to be in good condition. The City may withhold final payment until the water meter is returned in good condition. B. Existing Utilities 1. The Contractor shall be held responsible for the protection of existing utilities, as well as all damage that may occur as a result of the operations. The Contractor shall be responsible for temporarily relocating utilities for the convenience of the Contractor. In areas where existing utilities are within and adjacent to the established limits of work and could be damaged as a result of the Contractor's operations, the Contractor shall take all necessary precautions to protect such utilities from damage. Furthermore, in the event that damage to other utilities occur, the Contractor shall be fully responsible for the repair of any such damage without additional cost to City or the affected utility owner. 2. It shall be the Contractor's responsibility to determine the exact location of existing utilities that may impact their work. Page 4 of 30 RFB Template 10.10.16 3. Where overhead power lines are in close proximity to the work, the Contractor shall comply with all state and local regulations and laws and contact, if necessary, the appropriate owner, generally AEP or Nueces Electric Cooperative. 1.4 Safety 1. The work contemplated under this project involves activities in and around confined spaces. The Contractor and/or a Contractor -independently -retained employee or safety consultant shall implement a confined space entry program in accordance with OSHA standards to govern the presence and activities associated with working in and around confined spaces. The Contractor shall, as a function of the Health and Safety Plan, implement a confined space entry program. 2. The Contractor shall maintain a copy of the Confined Space Entry Program on-site at all times. The Contractor shall take all necessary actions to ensure that the Contractor's employees and the employees of other contractors have read, understand and follow the plan. All employees to be utilized in confined space entry work must present certificates indicating confined space entry training by an entity certified to teach such training as defined by OSHA. A. Pre -Work Submittals 1. The submittal above shall be provided to the Contract Administrator after the Notice to proceed of the Contract but before commencing with the work. In providing approval of the above submissions, the City assumes no liability for the effectiveness of the plans and/or procedures. In no way does approval by the City relieve the Contractor of any liability under the contract. The required submittals are described in the following sections. 2. Contractor shall submit the following for approval: A. Resident Notification Letter (Sample Letter Included) B. Vehicular and Pedestrian Traffic Control Plan and Procedures a. The Contractor shall prepare and submit a generic traffic control plan that describes the measures that will be taken to control vehicular and pedestrian traffic during the course of the project in areas where normal traffic flow will be disrupted by the Contractor's operations. b. During the course of the cleaning and inspection of the wastewater collection system, it may become necessary or desirable to disrupt the normal flow of vehicular or pedestrian traffic in work area. These disruptions should be minimized and carried out in compliance with the City of Corpus Christi rules and regulations regarding temporary traffic Page 5 of 30 RFB Template 10.10.16 control and/or in compliance with other local entities having jurisdiction over the control and disruption of normal traffic flow. c. The Contractor shall also comply with the Texas Department of Transportation Manual on Uniform Traffic Control Devices and standards for traffic control in work areas. In the case of a conflict between standards, the local codes will govern. d. Any traffic control effort on major streets, arterials, or divided roads shall be submitted to the City Traffic Engineering Department for approval prior to implementing the traffic control plan. The Contractor is responsible for coordination of traffic control measures between local entities including, but not limited to, the City of Corpus Christi. The Contractor shall identify the locations of area where permits are required for work in right-of-ways in this plan. The City Administrator shall provide the right -of way permits, if necessary, identified by the Contractor upon ten (10) days advance notice by the Contractor of the requirement of the permits. The plan should cover all project areas and should have facilities and contingencies to cover all potential traffic related situations. C.Sanitary Sewer Overflow/Spill Response Plan a. The Contractor shall prepare and submit a detailed Sanitary Sewer Overflow/Spill Response Plan that describes, in detail, the measures that the Contractor will implement in the event that the in authorized and untreated wastewater is discharged from the collection system as result of the Contractor's operations. b. The City Administrator shall approve the plan prior to commencing work. Approval of the plan does not, in any way, relieve the Contractor of any liability under the contract. The plan shall include the following components as a minimum: • Sewage containment procedures • Emergency notification • Sewage cleanup procedures • Flow Control/Bypass flow control and plan c. The Contractor will be held liable for fines and costs, direct and indirect, associated with sanitary sewer overflow/spills that are caused, directly or indirectly, by its operations. The plan should cover work areas and should have facilities and contingencies to cover all potential sanitary sewer overflow abatement situations. Page 6 of 30 RFB Template 10.10.16 D. Emergency Pipeline Blockage Plan a. The Contractor shall prepare and submit a detailed Emergency Pipeline Blockage Plan that describes, in detail, the measures that the Contractor will implement in the event that the equipment that is being utilized by the Contractor or his agents becomes lodged in the pipeline and is not retrieved by non -intrusive methods. b. The City Administrator shall approve the plan prior to commencing work Approval of the plan does not, in any way, relieve the Contractor of any liability under the contract, at a minimum, the plan shall include the following components: • Sewage containment procedures • Emergency notification plan • Sewage cleanup procedures • Equipment removal c. The Contractor shall be responsible for the removal of equipment using non -intrusive methods. The Contractor will not utilize any intrusive methods other than via existing manholes or structures. In situations where it will be required to open the pipe for intrusive removal of equipment, the Contractor shall contract the City immediately so that the City can coordinate the removal of equipment for the Contractor. d. If the cause of equipment removal is due to Contractor negligence, the City will perform the operation and will in turn charge the Contractor for such work, including material, equipment, labor and overhead for repairs to pipelines, manholes, appurtenances, and surface restoration. e. If the removal is due to sewer defeat that were unforeseen or not avoidable (as determined by the City), then the City will provide at no cost to the Contractor. f. The Contractor will be held liable for fines, costs, direct, and indirect, associated with sanitary sewer overflow/spill and/or sewer blockages that are caused, directly or indirectly, by its operation. g. The plan should cover all project areas and should have facilities and contingencies to cover all potential pipe blockage and overflow situations. E. Health and Safety Plan (Including a Confined Space Entry Plan) Page 6 of 30 RFB Template 10.10.16 a. The Contractor shall submit a Health and Safety Plan in accordance with Occupational Safety and Health Administration (OSHA) Standards 29 CFR 1910 and 1926 to the City Administrator at or prior to the project kickoff meeting. The Health and Safety Plan will be submitted and reviewed prior to the start of work. b. The Health and Safety Plan shall clearly state the hazardous substances that may be encountered during the course of the Project and the protective safety procedures and equipment requirements for all tasks to be performed. Additional health and safety documents required are • A written Hazard Communication and written Confined Space Entry Program in accordance with City and OSHA standards. • Safety Data Sheet File • Operation guides and manuals for all equipment to be utilized on the project. • OSHA forms 200 and 101 c. The Contractor shall post all documentation as required by OSHA and the City and the Contractor shall require all on-site employees and subcontractors to read, sign and follow the Health and Safety Plan. A signed copy of the Health and Safety Plan shall be kept at the work site at all times. All Contractor employees and subcontractors shall be properly trained in accordance with applicable standards and regulations. The City shall not be responsible for any hazardous materials uncovered or revealed at any site where work is being performed during this project. d. The Contractor shall immediately notify the City Administrator of any suspected hazardous materials before or during the performance of work and shall take all necessary precautions to avoid the further spread or contamination of the environment by the materials. F. Sewage Backup/Building Remediation Services G. Quality Control and Assurance Plan H. Sewage Backup/Building Remediation Services 1.5 Pipe Cleaning Technical Provisions 1. General The work covered by these specifications consists of furnishing all equipment, materials, labor, supervision, and incidental items necessary to perform the cleaning Page 7 of 30 RFB Template 10.10.16 of the sanitary sewer collection system. Equipment shall be capable of cleaning and inspecting spans of sewer lines up to 1.500 linear feet or greater. 2. Cleaning Requirements The City of Corpus Christi Utility Department Pre -Treatment Division must inspect all equipment used by the Contractor to clean sewer lines or capture and transport debris and material removed from the sewer collection system. Contact Contract Administrator to schedule the inspection. All cleaning equipment and hauling vehicles used on this project must also be registered with the TCEQ, and proof of this registration must be provided to the City prior to any work being performed under the contract. 3. Equipment Requirements a. High -Velocity Jet (hydro Cleaning) Equipment i. All high -velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The Contractor shall have a selection of two or more high -velocity nozzle. ii. The nozzles shall be capable of producing a scouring action from 10 to 60 degree in all size lines designed to be cleaned. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. b. Hydraulically Propelled Equipment i. The equipment used shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against the flooding of the sewer. The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to ensure grease removal. ii. If sewer cleaning balls or other equipment that cannot be collapsed are used, special precautions to prevent the flooding of the sewers and public or private property shall be taken by the Contractor. Damages or claims resulting from backups and flooding shall be the responsibility of the Contractor. c. Mechanically Powered Equipment i. Bucket and/or winch machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines will be belt -operated or have an overload device. Machines with a direct drive that could cause damage to the pipe will not be allowed. A power rodding machine shall be either a sectional or a continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specially heat-treated steel. Page 8 of 30 RFB Template 10.10.16 d. Jet Vac (Vactor) Cleaning Equipment i. Vactor cleaning equipment as necessary to remove debris during cleaning operation. 4. Execution a. General Sewer Line Cleaning i. Sewer line cleaning shall be performed with hydraulically propelled high - velocity jets, and/or mechanical power equipment. Equipment shall be based on field conditions, such as access to manhole, type and quantity of debris to be removed, size of sewer, and depth of flow. Selected equipment shall be capable of cleaning spans of sewer main at a minimum of up to 1,500 linear feet without the need for a reverse set-up unless authorized by the City Administrator. ii. Hydraulic or mechanical means shall be used to remove all dirt, grease, rocks, sand and other materials and obstructions from the sewer lines. The Contractor shall provide a mechanism to prevent debris from moving downstream from the line segment being cleaned. The method of cleaning for each segment shall be based on site conditions and shall be approved by the Engineer. iii. Cleaning shall start from the upstream reaches of the study area or neighborhood and progress downstream. b. Pre -Cleaning Exploratory Investigation i. Prior to commencing work on a line segment, the Contractor shall deploy an exploratory CCTV through the pipeline to determine approximate average debris levels and/or grout levels to determine payment under "Light to Medium Cleaning", "Heavy Cleaning". "Light to Medium Grout Cleaning", and Heavy Grout Cleaning" for payment classification purposes. For pipe sections with normal wastewater debris, levels may be ascertained by debris levels at in-line manholes, with the concurrence of the Engineer. c. Root Removal i. Roots shall be removed within the cleaning limits and shall be considered part of sewer cleaning procedures. Special attention should be given during the cleaning operations to ensure complete removal of roots from the joints. Chemical means of root control or removal SHALL NOT be used on this project. d. Grease Removal ii. Grease shall be removed within the cleaning limits and shall be considered part of sewer cleaning procedures. Special attention should be given Page 9 of 30 RFB Template 10.10.16 during the cleaning operations to ensure the complete removal of grease from the top of the pipe. Procedures may include the use of mechanical equipment, such as rodding machines, bucket machine and winches using root cutters and porcupines, as well as equipment such as high -velocity jet cleaners and hot water. Chemicals means of grease removal using an EPA - approved chemical degreaser HALL NOT be used on this project without prior authorization from the Contract Administrator. e. Manhole Cleaning Walls shall be washed using high pressure jet capable of 1,500 psi. Debris from the vault or manhole shall be vacuumed and disposed of in same manner as debris removed from the sewer main cleaning. f. Debris Removal i. The Contractor shall dispose of debris removed from cleaning operations on this project at the Greenwood WWTP, location at 1541 Saratoga Boulevard, Corpus Christi, Texas 78415, unless otherwise directed by the City Administrator. The Contractor shall coordinate dumping with the City Utility Department at all times. The Contractor shall not be charged for disposal at the designated location for debris removed only from the City of Corpus Christi sewer system under this contract. The City will be responsible for the removal, cost, and disposal of dried solids. The Contractor will record debris volumes on the City of Corpus Christi Cleaning Logs. The Contractor shall not dispose of any debris from any other source(s) other than the City of Corpus Christi wastewater collection system at the Greenwood WWTP. Debris removal shall be included in the price bid for the various pipe line cleaning items. g. ii. The Contractor will be responsible for obtaining and maintaining all necessary permits to transport sludge waste in the State of Texas and the City of Corpus Christi. Cleaning and Inspection Notification i. The success of the Corpus Christi Utility Department Sewer Cleaning and Inspection Program is dependent upon close coordination of the City and Contractor activities affecting the City of Corpus Christi Utility Department customers in an effort to maintain customer cooperation. The following are the requirements for notifying affected customers of cleaning and television inspection activities. All procedures must be followed: Page 10 of 30 RFB Template 10.10.16 ii. A notice ("flyer") shall be provided to each residence and business a minimum of two (2) full working days prior to working in the area. The Notification flyer will inform the occupants of the purpose of the work, the possible events that may occur, and the telephone numbers to call if questions or problems arise. The master flyer for Notification will be provided to the Contractor for use in making all necessary copies of the flyer on white paper for distribution to residences and businesses. iii. The Contractor shall, on a daily basis, document all distribution of flyers. Documentation at a minimum shall include maps that show the areas that were notified, as well as the date and name of the person completing the notification. The Contractor shall provide this information to the Engineer and the City on a daily basis. The Contractor shall schedule work to be completed within five (5) working days from the day that the notices are distributed. If the work is unable to be completed in the notified area before the end of five working days, the area will be re -notified. h. Cleaning Precautions i. During sewer cleaning operations, satisfactory precautions shall be taken in the use of cleaning equipment. When hydraulically propelled cleaning tools (that depend upon water pressure to provide their cleaning force) or tools that retard the flow in the sewer line are used, precaution shall be taken by the Contractor to ensure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer. ii. When additional water from fire hydrants is necessary to avoid delays in normal work procedures, the water shall be conserved and not used unnecessary. No fire hydrants shall be obstructed in case of a fire in the area served by the hydrant or as restricted by the City. The Contractor shall use a double backflow prevention device mounted on the fire hydrant in cases where the fire hose connected to the cleaning equipment is considered susceptible to contamination, regardless of the backflow configuration on the cleaning equipment. iii. The Contractor shall be responsible for any damages caused by its actions during this project. The Contractor will comply with all City of Corpus Christi Utility Department requirements. i. Remediation of Backup into Buildings i. Backups into buildings that occur during cleaning, inspecting, or plugging, require immediate remediation using the services of a local firm specializing in cleaning and disinfecting residences and business. Page 1 1 of 30 RFB Template 10.10.16 ii. Upon discovery that a backup has occurred, the Contractor will immediately notify the Contract Administrator who will investigate the incident. The Contractor shall dry up the spill immediately and dispatch the cleaning service to professionally clean and disinfect the area. iii. The cleaning service firm shall be at the customer site within three hours of notification of backup occurrence, or otherwise schedule by customer. All communication will be through the Contract Administrator. iv. Documentation of the remediation services provided shall be given to the Contract Administrator. In the event that the customer refuses the remediation services, the Contractor shall provide a business card and contact name to enable the customer to schedule shall be documented by the Contractor and provide to Utility Department Representative. CCTV Requirements 1. General a. Closed circuit television inspection will typically be done under one or more of the conditions listed below. Requirements for on-screen labeling during each line segment set up televising, video file labeling and hard copy inspection reports will be specifically addressed. The Contractor shall neither request nor receive assistance from the City in the performance of work described in this specification. b. Unless otherwise specified and at the Contractor's expense, the Contractor shall provide for the control of wastewater flows and monitoring of the collection system for back-ups and surcharges, while flow control devices are in place. 2. Inspection Equipment and Methods a. Electronic inspections software that is NASSCO PACP (version 6.0 or greater) compliant shall be used to record the condition of each pipe segment inspected. The minimum header information required for each inspection is presented in Header Field Checklist herein. b. Video inspection is to be performed in the field by a NASSCO Pipeline Assessment and Certification Program (PACP) certified operator. The operator name and NASSCO certification number is required on each inspection. Page 12 of 30 RFB Template 10.10.16 c. The Contractor will perform closed circuit video inspections of the sewers using current state-of-the-art technology and trained employees. CCTV camera will use high-resolution color with an adjustable iris focus. d. The CCTV camera will have pan -and -tilt capabilities that allow up close and right-angled inspections of defected and other significant observations. The video camera will be equipped with a minimum of 1000 feet of video cable. Lighting on video camera will be suitable to allow proper illumination and clear video image of the entire periphery of the pipe. The camera will be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system will produce a high quality video image. e. The capture system shall have the capability of recording, digitizing, and storing single frames of video images and "real time" live video, as well as collecting, storing, and printing pipeline inspection data for graphic display and report generation. The imaging capture system shall store digitized picture images, have the ability to export picture files to industry standard formats (jpg or format acceptable to City Administrator), be transferable to flash drives, DVDs or hard drives, and have the ability to be printed. In every case, all observations will be recorded in the field by currently certified PACP operators using PACP codes and protocols. Post inspection coding in an office will not be accepted. f. Footage distance measured by the video system will be accurate within 1% and will be used to determine footage for reporting and payment. The PACP distance between manholes (from exit wall to entrance wall) will be the reference point used to determine footage measurements. Video inspection will not exceed a traverse rate of 30 feet per minute to ensure that the sewer line can be thoroughly examined by the City while reviewing video. g. During the transit, the display must show the continued distance from the insertion manhole with an accuracy of +/- 1% of the actual length to help mark observations on the report form. The video must display all notable PACP observations/codes. h. The Inspection Report shall consist of conditions observations recorded using computer software generated formats conforming to NASSCO PACP version 6.0 or greater. Items considered notable include: deviations in alignment and grade; abnormal conditions of the pipe barrel and joints; locations and quantities of any sources of infiltration or inflow; dropped, Page 13 of 30 RFB Template 10.10.16 broken, properly/improperly installed service taps; debris, roots or other impediments to flow; and any other conditions that may either prevent the proper completion of the inspection or affect any proposed rehabilitation process. The camera should be panned and tilted at each (if any) observed service connection. Each pipe segment (manhole to manhole) shall be identified with an initial text screen and completed in accordance with Pipeline Assessment and Certification Program (PACP)'s CCTV inspection form header instructions and shall be as follows: Header Field Checklist Field # Header Field Mandatory Required for this Project 1 Surveyed By X 1 a Certificate No. X 2 Owner X 3 Customer X 4 Drainage Area 5 Sheet Number X 6 P/O Number 7 Pipe Segment Ref. (PSR) X 8 Date X 9 Time 10 Street X 10a City X 11 Location Details 12 Upstream MH No. X 13 Upstream MH Rim to Invert 14 Upstream MH Grade to Invert 15 Upstream MH Rim to Grade 16 Downstream MH No. X 17 Downstream MH Rim to Invert 18 Downstream MH Grade to Invert 19 Downstream MH Rim to Grade 20 Sewer Use X 21 Direction X 22 Flow Control X 23 Height X 24 Width X Page 14 of 30 RFB Template 10.10.16 25 Shape X 26 Material X 27 Lining Method 28 Pipe Joint Length X 29 Total Length X 30 Length Surveyed X 31 Year Laid 32 Year Renewed 33 Media Label 34 Purpose 35 Sewer Category 36 Pre -Cleaning X 36a Date Cleaned X 37 Weather X 38 Location X 39 Additional Info. (Street or Easement) X 40 W/O # X 41 Project X 42 Pressure Value 3. Flow Control a. The line shall be dewatered during inspection. A water jet cleaning unit will normally be running in the advance of the television camera to allow for the highest quality picture, along with a 360 -degree view of the pipeline. Dewatering shall remove standing water and visible moisture from the line segment to provide a clear 360 -degree view of the pipe being televised. An excessively high water level, condensation resulting in a blurred lens, or a submerged camera may be ground for rejection of the inspection. b. All sewer flow from intersecting lines, which cannot be drawn down with hydraulic jet nozzle, shall typically be controlled through the use of in-line plugs and/or vacuum trucks, and to the inspection for all lines sizes up to 60" inches in diameter. Plugs in interesting lines shall be installed by the Contractor. The Contractor shall also monitor the upstream system for back-ups and surcharges, which may lead to Sanitary Sewer Overflows (SSOs). The Contractor shall immediately report all sanitary sewer overflows to the City Administrator and City Call Center at (361) 826-2489. Flow Control devices shall be installed in accordance with all applicable OSHA and plug manufacturer recommendations, including, but not necessary limited to, confined space protocol. The Contractor certifies that all personnel working on the project have been trained in confined space, Page 15 of 30 RFB Template 10.10.16 use of flow control devices per manufacturer recommendation, traffic controls, and hazards associated with working in wastewater collection systems. c. No bypass pumping is anticipated under this scope of work. 4. CCTV Reverse Set -Up A CCTV reserve set-up is an attempt to view the line segment from the opposite direction due to an obstruction encountered during the initial set-up or a line segment that exceeds the 1000 feet CCTV cable length. 5. Easement Access The Contractor will be responsible for providing equipment, including, but not limited to portable CCTV equipment, vehicles capable of transporting TV equipment and accessing remote easements, and adequate cleaning equipment to perform the cleaning and inspection of lines located within easement areas. Easement areas are defined as those areas not accessible to normal vehicular traffic. 6. Work Hours Normal working hours shall be considered 8 AM to 5 PM, Monday - Friday for the duration of the project. When authorized/required by the City Administrator, the Contractor may perform inspection to be done during low flow periods, to minimize impacts on traffic safety, or for other reasons determined by the City. 7. Confined Space Entry When necessary to complete cleaning and inspection activates (including, but not limited to plugging, flow control, etc.), the Contractor may enter manholes. All pertinent OSHA regulations will be followed, and the Contractor will provide copies of confined spaces entry permits, if requested. 8. Deliverable a. Television Inspection Logs Electronic media inspection logs/record shall be kept by the Contractor and will clearly show the location, by distance in 1/10 of a foot, from the manhole wall, in relation to an adjacent manhole of each observation during inspection. In addition, other points of significance, such as locations of service connections, unusual conditions, roots, storm sewer connections, unusual conditions, roots, storm sewer connections, cracks, fractures, broken pipe, presence of scale and corrosion, and other discernible features, as defined in the PACP defect codes, will be Page 16 of 30 RFB Template 10.10.16 recorded on electronic media, and a copy of such records will be taken by the Contractor. Photographs shall be located by distance in 1/10 of a foot, from the manhole wall, in relation to an adjacent manhole. b. Electronic Media Recordings i. The purpose of electronic media recording shall be to supply a visual record of the entire line segment that may be viewed by the Owner. Each original electronic media recording of conditions and defeats will be delivered to the City at least monthly, which summarizes the lines completed during the period. The submittal must agree with the monthly billing request in terms of unit quantities and electronic deliverables. ii. The Contractor is required to provide NASSCO PACP compliant computer software -generated Inspection Report products to the Owner, as a result of each work order issued. Acceptable submission become the property of the City. The electronic recordings will have ready -only software that will facilitate the viewing and printing of additional copies of the inspection report and the digital photographs. The CD, DVD -ROM, or hard drive will also include video that can be viewed. The electronic recordings will be compatible with Microsoft Windows 7 and will be delivered to the Utility Department within ten (10) calendar days of the last day of the performance period. c. Quality Control i. Inadequate main sewer preparatory cleaning, camera distortion, inadequate lighting, dirty or submerged lens, and blurry or hazy pictures that are determined to be the fault of the Contractor will be cause for rejection of the inspection effort. If the City does not approve of the quality of the deliverables, the Contractor shall repeat the documenting process at no cost to the City. d. Upon Completion of the Project i. Submission of one properly labeled flash drive, hard drive, or DVD (as appropriate for the size of the project) will be required, along with one hard copy report. The media will be properly labeled to identify the contents. The media will be labeled, either typed or neatly printed, with the following information on the cover/container with electronic text included on the root drive of the media: Project Name RFB Template 10.10.16 Page 17 of 30 • Work Order • Contractor Name, Address, Contact Number • Date ii. All required reports, databases, photographs, and video are to be from City approved, software -generated formats. Hard copy reports will be printed single -side on 8'/2 " x 1 1 " paper, in color, to improve the definition of problem areas, and delivered with the media. iii. The final project submittal must be reconciled with the monthly billing with regards to quantities of work completed or any exceptions noted. iv. One report is required for each project (which may consist of an entire main line) The Contractor's supposed software must be approved before the first Work Order is initiated. The final submittal must include a table of contents that summarizes all line segments that were cleaned, televised, and inspected with CCTV logs arranged in order by the PACP PSR identification number, beginning with the lowest number up to the highest number. The Contractor shall submit a sample of the proposed report to the City for review and approval 9. Measurement and Payment A. Measurement 1. The qualities for payment under each work order shall be determined by field measurement prior to the approval of the work order being issued. Page 18 of 30 RFB Template 10.10.16 Hard Copy On Media 1. Project Summary Report (pdf or approved equal) ✓ ✓ 2. CCTV Defect Listing Log (pdf or approved equal) ✓ ✓ 3. Condition Code Summary (pdf or approved equal) ✓ ✓ 4. Cleaning Log (pdf or approved equal) ✓ ✓ 5. NASSCO PACP compliant Access Database ✓ 6. Video Files (mpeg, wmv or approved equal) ✓ 7. Defect photographs (jpeg or approved equal) ✓ 8. Cleaning Log Summary (xls or approved equal) ✓ iv. One report is required for each project (which may consist of an entire main line) The Contractor's supposed software must be approved before the first Work Order is initiated. The final submittal must include a table of contents that summarizes all line segments that were cleaned, televised, and inspected with CCTV logs arranged in order by the PACP PSR identification number, beginning with the lowest number up to the highest number. The Contractor shall submit a sample of the proposed report to the City for review and approval 9. Measurement and Payment A. Measurement 1. The qualities for payment under each work order shall be determined by field measurement prior to the approval of the work order being issued. Page 18 of 30 RFB Template 10.10.16 2. The City does not expressly or implicitly agree that the actual amount of the work to be done in the performance of the contract will correspond with the quantities in the Bid Proposal Sheet. The amount of work to be done may be more or less that said quantities and may be increased or decreased by the City as circumstances may require. The increase or decrease of any quantity shall not be regarded as grounds for an increase in the unit price or in the time allowed for the competition of the work, except as provided in the contract documents. B. Payments 1. Payments to the Contractor shall be made on the basis of the prices in the contract and shall constitute full and complete payment for furnishing all materials, labor, tools and equipment, for providing all reports and data deliverables and for performing all operations necessary to complete the work included in the work orders. Such compensation shall also include payments for any loss or damages arising, directly or indirectly, from the work or from any discrepancies between the actual quantities of work and those shown in the work orders. Unless otherwise noted in contract, the prices include all costs and expenses for mobilization, including, but not limited to: taxes, labor, licenses, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, and the maintenance of traffic, along with any and all other costs and expenses for performing and completing the work, as described in the delivery order and specified herein. 2. The basis of payment for an item at the price shown in the contract shall be in accordance with its description of the item in this Section and as related to the work specified. Unit prices will be applied to the actual quantities furnished and installed in conformance with the work orders. 3. The Contractor's attention is called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety, including the necessary reporting and documentation. C. Payment Items a. Mobilization Page 19 of 30 RFB Template 10.10.16 1. Item No. 1 Sewer Cleaning, CCTV Job Mobilization This price shall be per each mobilization for each sewer cleaning/inspection work order unless work crews are onsite and given continuous, consecutive work orders. Payment for job mobilization shall be for all items and shall be included in the lump sum price. This item will include all operations necessary for the preparatory work and operations in mobilizing to begin work on the project, including, but not limited to: multiple operations necessary for the movement of personnel equipment, supplies, and incidentals to the project site; sanitary and other facilities as required by these specifications and state and local laws and regulations, along with any other pre -construction expense necessary for the start of the work; permits and fees, construction schedules, shop drawings, temporary facilities, lay down storage area, construction aids, pre -construction documentation, traffic control devices, work associated with the Contractor support during reviews and inspection, re -inspection and storage, and final site clean-up. 2. Item No. 2 Emergency Job Mobilization a. This lump sum item shall be for mobilization within 4 hours of notification and authorization from the City. b. Payment for emergency mobilization shall be for all items and shall be included in the lump sum price. This item will include all operations necessary for the preparatory work and operations in mobilizing to begin work on the emergency project, including, but not limited to: multiple operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site, sanitary and other facilities as required by these specifications and state and local laws and regulations, along with any other pre -construction expense necessary for the start of the work; permits and fees, construction schedules, shop drawings, temporary facilities, lay down storage area, construction aids, pre -construction documentation, erosion control, traffic control devices, temporary traffic control plans, work associated with the Contractor support during reviews and inspection, re- inspection and storage, and final site clean-up. D. Traffic Control Page 20 of 30 RFB Template 10.10.16 a. Item No. 3 Arterial Streets Traffic Control for (Five Lanes or Greater) This lump sum price is per day for traffic control devices for arterial streets for each work order. b. Item No. 4 Collector Streets Traffic Control for (Three or Four Lanes) This lump sum price is per day for traffic control devices for collector streets for each work order c. Item No. 5 Residential Streets Traffic Control for (Two Lanes) This lump sum price is per day for traffic control devices for residential streets for each work order. d. Item No. 6 TxDOT ROW for Traffic Control e. This price is per day for traffic control devices for work adjacent to, in, or under TxDOT ROW for each work order. f. Item No. 7 Changeable Variable Message Boards Price and payment per day will be full compensation for furnishing, installing, operating, relocating, maintaining and removing changeable message signs. E. Line Cleaning a. Item Nos. 8 - 17 Line Cleaning, Light to Medium Cleaning 1. Light to medium cleaning is for pipes with 0% to 20% (inches of debris/diameter of pipe xl 00) debris levels. 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which cleaning was performed between manholes, measured to the nearest foot from inside wall of the manhole to the inside wall of the other manhole, and not including the manhole chamber. 4. Payment will be paid at the unit price per linear foot for the gravity main size. b. Item Nos. 18 - 27 Line Cleaning, Heavy Cleaning 1. Heavy cleaning is for pipes with 20% or greater (inches of debris/diameter of pipe x 100) debris levels. 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which cleaning was performed between manholes, measured to the nearest foot from inside wall of the manhole to the inside wall of the other manhole, and not including the manhole chamber. Page 21 of 30 RFB Template 10.10.16 4. Payment will be paid at the unit price per linear foot for the gravity main size. c. Item Nos. 28 - 37 Line Cleaning, Grout Removal, Light to Medium Cleaning 1. Grout that is present in the line due to faulty previous liner installation. For pipes with 20% or less (inches of grout/diameter of pipe x 100) grout debris levels. 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which grout cleaning was required and performed, measured to the nearest foot. 4. Payment will be paid at the unit price per linear foot for the gravity main size. d. Item Nos. 38 - 47 Line Cleaning, Grout Removal, Heavy Cleaning 1. Grout that is present in line due to faulty previous liner installation. For pipes with greater than 20% (inches of grout/diameter of pipe x 100) grout debris levels. 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which grout cleaning was required and performed, measured to the nearest foot. 4. Payment will be paid at the unit price per linear foot for the gravity main size. e. Item No. 48 Reverse Set -Up 1. Reverse CCTV Set -Up shall only be measured and paid if an obstruction is encountered during the initial set-up that could not be removed, requiring the Contractor to relocate to another manhole, upstream or downstream of the original manhole, and/or if the segment length exceeds the cleaning hose (1500 feet) or CCTV cable (1000 feet) lengths. No reverse set-up fee will be authorized if the CCTV camera does not fit due to physical restrictions at the reverse location. f. Item No. 49 Add For Items 8 - 47 1. Price per Linear Foot (additional) For Approved Scheduled After - Hours Work and/or emergency call outs, All Pipe Sizes. F. CCTV Inspection a. Item Nos. 50 - 59 CCTV Inspection 1. Measurement shall be based on the linear feet of sewer main televised. Page 22 of 30 RFB Template 10.10.16 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Payment will be at the contract unit price shown for linear feet and shall be full compensation for the item of work completed. The deliverables shall be acceptable to the City. If the deliverable is unacceptable, the Contractor shall re -televise the sewer main to ensure that it is acceptable to the City, at the Contractor's cost. The unit price shall provide full compensation for all work required, including, but not limited to: mobilization, furnishing all labor, equipment and materials, for cleaning, flow isolation, TV inspection, and all incidentals related to sewer mains inspection. Page 23 of 30 RFB Template 10.10.16 Dat _ 7/27/2016 I Docume Path: X Projects\Was -Water\Large Diameter Sewer Gleaning\T aenlAnm-s )XC.Ieanetlmxd 11 I CORPUS CHRISTI LARGE DIAMETER SANITARY SEWER MAINS TO BE CLEANED: ALLISON TREATMENT AREA Wastewater Gravity Mains PIPESIZE - 18 in: 4.73 Miles - 20 in: 2.16Miles X21 in: 0.05 Miles - 24 in: 2.62Miles - 26 in: 0.05 Miles X27 in: 1.89 Miles 30 in: 0.40 Miles X36 in: 9.71 Miles - 42 in: 0.00 Miles - 48 in: 0.01 Miles - 54 in: 0.00 Miles - 60 in: 0.00Miles I CORPUS CHRISTI LARGE DIAMETER SANITARY SEWER MAINS TO BE CLEANED: BROADWAY TREATMENT AREA Wastewater Gravity Mains PIPESIZE - 18 in: 2.06 Miles - 20 in: 0.01 Miles X21 in: 1.49 Miles - 24 in: 4.69 Miles - 26 in: 0.00 Miles X27 in: 1.20 Miles 30 in: 0.30 Miles X36 in: 2.40 Miles - 42 in: 0.40 Miles - 48 in: 0.47 Miles 1 54 in: 0.00 Miles - 60 in: 0.00 Miles \OW Date: 7/27/2016ie h: X:Wrolects\ .steWater\Large Diameter Sewer Gleaning\TreahnentAreas_26Cleanednlxd CORPUS CHRISTI LARGEDIAMETER SANITARY SEWER MAINS TO BE CLEANED N Ga,pw� G/r.sieri Bal Wastewater Gravity Mains PIPESIZE - 18 in: 24.34 Miles - 20 in: 4.23 Miles - 21 in: 4.80 Miles - 24 in: 20.39 Miles - 26 in: 0.05 Miles 27 in: 5.77 Miles 30 in: 7.07 Miles 36 in: 9.71 Miles - 42 in: 4.69 Miles - 48 in: 1.69 Mlles - 54 in: 1.09 Mlles - 60 in: 1.42 Mlles Date -7/272016 Document Path_ X Pmjects6WasteWater\Large Diameter Sewer Cleaning)CiryWtleM ap2mztl J CORPUS CHRISTI LARGE DIAMETER SANITARY SEWER MAINS TO,BE CLEANED: GREENWOOD TREATMENT1AREA Wastewater Gravity Mains PIPESIZE - 18 in: 3.51 Miles - 20 in: 1.98 Miles X21 in: 0.61 Miles - 24 in: 1.92 Miles - 26 in: 0.00 Miles X27 in: 0.10 Miles 30 in: 0.30 Miles X36 in: 0.53 Miles X42 in: 1.67 Miles - 48 in: 1.17 Miles - 54 in: 1.09 Miles - 60 in: 1.41 Miles Document • ath: X Vrojects\Was t:•!ater\Large Dia4t85 S Date 7/27/20OM _2k1, ned mxd 1 \ / / `(/J 7� CORPUS CHRISTI LARGEEDIAMETER .,SANITA'1RY SEWER>MAINS TO' BE CLEANED: „� VWI 1I V.I 11L/'11 IVILIV 1 P1r\L t Yry4r1 Wastewater Gravity Mains PIPESIZE - 18 in: 3.08 Miles - 20 in: 0.00 Miles X21 in: 0.11 Miles - 24 in: 0.26 Miles - 26 in: 0.00 Miles X27 in: 0.00 Miles 30 in: 0.00 Miles X36 in: 0.00 Miles - 42 in: 0.00 Miles - 48 in: 0.02 Miles - 54 in: 0.00 Miles - 60 in: 0.00 Miles Date: 7/27/201609 Document Path: X Prgects\WasteWater\Large Diameter Sewer Cleaning\TreatmentAreas_2BCleaned mxd C' RPUS CHRISTI LARGE DIAMETER °a SANITARY SEWER MAINS TO BE CLEANED: OSO TREATMENT AREA Wastewater Gravity Mains PIPESIZE - 18 in: 10.21 Miles X20 in: 0.07 Miles X21 in: 2.20 Miles X24 in: 10.89 Miles X26 in: 0.00 Miles X27 in: 0.60 Miles 30 in: 0.53 Miles X36 in: 5.65 Miles - 42 in: 2.61 Miles - 48 in: 0.01 Miles - 54 in: 0.00 Miles - 60 in: 0.00 Miles Date 7/27/2018 Document Path X.'‘Prot s7NasteWaaLarge Diameter Sewer Cleaning \ TreatmentAreas_2DCleaned mxel CORPUS CHRISTI LARGE DIAMETER y, SANITARY SEWER MAINS TO BE CLEANED: WHITECAP TREATMENT AREA Wastewater Gravity Mains PIPESIZE - 18 in: 0.77 Miles - 20 in: 0.00 Miles X21 in: 0.34 Miles - 24 in: 0.00 Miles .-26 in: 0.00 Miles 27 in: 0.00 Miles 30 in: 0.72 Miles •36 in: 0.71 Miles 42 in: 0.00 Miles 48 in: 0.01 Miles -54 in: 0.00 Miles - 60 in: 0.00 Miles Date: 7/27/2016ie • Document Path: X vrgectslWasteWaterlLarge Diameter Sewer Gleaning \TreahnentAreas_26Cleaned mxd Attachment B: Bid/Pricing Schedule ° oQ,gusc "J CITY "� �q /- 670'/7 OF CORPUS BID FORM PURCHASING DIVISION RFB No.194 Closed Circuit Inspection of Large Authorized Signature: CHRISTII Televised Terms at independently, other to the to the company of all addenda noted and Bidder. (CCTV) Cleaning and Diameter Wastewater Line PAGE 1 OF 2 Aft_ r QA.•, iIii `o°° Date: Bidder: 1. Refer completing 2. 3. In a.'the b.' c.' d./Bidder e."The 185522 Quote submitting communication, purpose Bidder on and Bidder required actual the 65.reto./Se%ijej [lec.Plq C/ecwServe LLL to "Instructions to Bidders" and Contract bid. your best price for each item. this bid, Bidder certifies that: prices in this bid have been arrived or agreement with any of restricting competition with regard is an Equal Opportunity Employer; and file with City's purchasing office, pursuant true. is current with all taxes due and governmental agencies. acknowledges receipt and review estimated quantities of services are as quantities may vary, the descriptions basis of the unit prices submitted by the and Conditions before without consultation, Bidder or competitor, for the prices; Disclosure of Interest information Code of Ordinances, is current is in good standing with all for this RFB. on the Bid Sheet herein. Although estimated quantities are to form Item Description UNIT QTY Unit Price Total Price JOB MOBILIZATION SEWER CLEANING, CCTV EA 6 /I 7©t ?0° /0 oZ40. °° 2 JOB MOBILIZATION EMERGENCY EA 1 4s--00, OG as-dp 6,,, 3 TRAFFIC CONTROL ARTERIAL STREET DAY 20 r Q00.00 e2 000.00 4 TRAFFIC CONTROL COLLECTOR STREET DAY 10 0-c").p© /S; c)&v. "o 5 TRAFFIC CONTROL LOCAL STREET DAY 20/,.,,,,,,,, © da a0 000. °e'ACCESS Item Description UNIT QTY Unit Price Total Price 6 TRAFFIC CONTROL TXDOT ROW DAY 5 _,S 30, a' j 75-00 oa 7 TRAFFIC CONTROL CHANGEABLE VARIABLE MESSAGE BOARDS (EA) DAY 40 5-c7,°" / 1 avv, pD 8 LIGHT TO MEDIUM CLEANING 18" PIPE SIZE LF 2,500 ,x.15" _5` 737'00 9 LIGHT TO MEDIUM CLEANING 20-21" PIPE SIZE LF 1,500 c2. is' 3, szazr-en) 10 LIGHT TO MEDIUM CLEANING 24" PIPE SIZE LF 2,500 o'. frs' 7, 11 LIGHT TO MEDIUM CLEANING 27" PIPE SIZE LF 1,200ks- 3 •°yc„Z p +'� ' 12 LIGHT TO MEDIUM CLEANING 30" PIPE SIZE LF 1,200 s -4s- � 7$" 0° 13 LIGHT TO MEDIUM CLEANING 36" PIPE SIZE LF 1,500 s-65- V /S''pw 14 LIGHT TO MEDIUM CLEANING 42" PIPE SIZE LF 1,200 / .4,0 76 Sec: o° 15 LIGHT TO MEDIUM CLEANING 48" PIPE SIZE LF 800 6. 40 5"t°20. a" 16 LIGHT TO MEDIUM CLEANING 54" PIPE SIZE LF 800 ' 30 % o " 17 LIGHT TO MEDIUM CLEANING 60" PIPE SIZE LF 800 ' ' JC) 7 4* 0O 18 HEAVY CLEANING 18" PIPE SIZE LF 2,500 d''/d ag.2 Si,: as 19 HEAVY CLEANING 20"-21" PIPE SIZE LF 1,500 frig, Jai/S-0" 20 HEAVY CLEANING 24" PIPE SIZE LF 2,500 /a, 3,$"' „y q ii 7c a'" 21 HEAVY CLEANING 27" PIPE SIZE LF 1,200 /2 35 'a0. 22 HEAVY CLEANING 30" PIPE SIZE IF 1,200 .41/. 70 a 9, 490. °b 23 HEAVY CLEANING 36" PIPE SIZE LF 1,500 dir, 7" 3 as''. 4' 24 HEAVY CLEANING 42" PIPE SIZE LF 1,200 04 q. is- .3i `Q`S/' `?D 25 HEAVY CLEANING 48" PIPE SIZE IF 800 A q. /S' 023, -j,2" -`D° 26 HEAVY CLEANING 54" PIPE SIZE LF 800 ii io 33, 36 0. v" 27 HEAVY CLEANING 60" PIPE SIZE LF 800 1/ 70 33, 36O7 `?'" 28 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 18" PIPE SIZE LF 500 f: 5-'0 VP- oa Item Description UNIT QTY Unit Price Total Price 29 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 20"-21" PIPE SIZE LF 250 rSO 0211 S--vn 30 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 24" PIPE SIZE IF 500 /alto 3.,-az00: " r 31 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 27" PIPE SIZE LF 150 10.40 5-60. " 32 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 30" PIPE SIZE LF 150 42, z / %/ ro 33 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 36" PIPE SIZE IF 250 /a. 73` 3, /75O 34 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 42" PIPE SIZE LF 150 /4. do t,,3 D cp., "`� 35 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 48" PIPE SIZE LF 75 j 900 0.257" 36 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 54" PIPE SIZE LF 75 45":,5-0 / 97.2.5-0 37 LIGHT TO MEDIUM GROUT REMOVAL CLEANING 60" PIPE SIZE LF 75 0257 S c, j 9j.? Co 38 HEAVY GROUT REMOVAL CLEANING 18" PIPE SIZE IF 500 „?o. 93 /0/ it 75: ve 39 HEAVY GROUT REMOVAL CLEANING 20" - 21" PIPE SIZE LF 250 an. w 5;:z 37 co 40 HEAVY GROUT REMOVAL CLEANING 24" PIPE SIZE IF 500 .Z-�, S"s-' 61, .us-: epeo 41 HEAVY GROUT REMOVAL CLEANING 27" PIPE SIZE LF 150 ,2171, 5 S- 344(.2 50 ' 42 HEAVY GROUT REMOVAL CLEANING 30" PIPE SIZE LF 150 acj 70 4 y5-S- or, 43 HEAVY GROUT REMOVAL CLEANING 36" PIPE SIZE LF 250 9. 7o 7 .-00 i 44 HEAVY GROUT REMOVAL CLEANING 42" PIPE SIZE LF 150 37s--3- 3--- 3a. Sv 45 HEAVY GROUT REMOVAL CLEANING 48" PIPE SIZE LF 75 3 7 5;5" L 4,-/..2.5--- 46 HEAVY GROUT REMOVAL CLEANING 54" PIPE SIZE IF 75 5(,. 00 474, cu 47 HEAVY GROUT REMOVAL CLEANING 60" PIPE SIZE LF 75 5.6. 0a ''�df7 0� 48 REVERSE SETUP ALL PIPE SIZES EA 10 /00. v0 'Opp 00 49 ADDER FOR ITEMS 8-47 COST PER (ADDITION) LF 100 , 5-0 3--0, 0® 50 CCTV 18" PIPE SIZE LF 2,500 - i'$ oZ /as' Item Description UNIT QTY Unit Price Total Price 51 CCTV 20" - 21" PIPE SIZE IF 1,500 i eS_ o? 75700 52 CCTV 24" PIPE SIZE LF 2,500 90 02,02.311, oQ 53 CCTV 27" PIPE SIZE LF 1,200 qv 54 CCTV 30" PIPE SIZE LF 1,200 1.65' ria 55 CCTV 36" PIPE SIZE LF 1,500 I. Os— /,S'7s— av 56 CCTV 42" PIPE SIZE LF 1,200 /.rc� 57 CCTV 48" PIPE SIZE LF 800 /./0 58 CCTV 54" PIPE SIZE LF 800 /. as 60.`""` 59 CCTV 60" PIPE SIZE LF 800 /. a d Total 5:54,53. Attachment C: Insurance/Bond 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 all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $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 POLLUTION $1,000,000.00 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 insured 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 Page 2 of 3 RFB Template 10.10.16 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 Wastewater Wastewater Line Cleaning and Inspection 5/26/16 my Risk Management Page 3 of 3 RFB Template 10.10.16 Attachment C: Bond Requirements No bond requirements necessary for this service agreement; section 5.(B) is null for this service agreement. Attachment D: Warranty Requirements No warranty requirements necessary for this service agreement; section 8. Warranty is null for this service agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-192193 Date Filed: 04/13/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CSI Consolidated, LLC dba Clean Serve, LLC Pearland, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 1004 Closed Circuit Televised (CCTV) Cleaning and Inspection of large Diameter Wastewater Lines 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary CSI Consolidated, LLC Phoenix, AZ United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. L dx3l OZ U t .WWO N /���� sandx3 uaisslwwo0l{w ��-- Z I J09 VNYHS �'/d. AtlY. Si n t re of authorized agent of contracting business entity , this the 13th day of April , AFFIX NOTARY STAMP /SEAL ABOVE Sworn to and subscribed before me, by the said Kent Ford 20 17 , to certify which, witness my hand and seal of office. Shana Gomez Notary Public �� i ��� � :� ,�L..� Signature of officer administering oath Printed name of officer administering oath Tide of officer administering oath Forms provided by Texas Ethics Commission vuww rthics.statp.tx. tic Varrinn iii fl PQ' AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: TO: January 6, 2017 Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director of Water Utilities DanG@cctexas.com (361) 826-1689 Resolution approving the Wastewater Management Plan CAPTION: Resolution approving the City of Corpus Christi Wastewater Management Plan Final Report ("Final Report") regarding options for improvements to the City's wastewater treatment plants ("WWTPs") and adopting Option 4D as stated in the Final Report which provides for following key infrastructure components: (1) construction of a new 12 million gallons per day (MGD) wastewater treatment facility at a new site ("New WWTP") with recommended location in the area between the current Allison and Greenwood WWTPs; (2) consolidation of existing wastewater flows at two WWTPs: the New WWTP and an upgraded and expanded 20 MGD plant on the Oso WWTP site, with Broadway and Whitecap WWTPs to remain in service for foreseeable future; and (3) decommissioning of the Allison, Laguna Madre, and Greenwood WWTPs. PURPOSE: To approve the Wastewater Management Plan Final Report regarding comprehensive improvements to the City's wastewater treatment plants. BACKGROUND AND FINDINGS: The City owns and operates six (6) wastewater treatment facilities. Four of the plants (Allison, New Broadway, Oso, and Greenwood) are located in the main part of the city, one (Laguna Madre) is located on and services the Flour Bluff area, and one (Whitecap) is located on Padre Island. The overall objective of the Wastewater Management Plan is to determine the optimal long- range wastewater treatment plant operating scenario. The optimal strategy will support treatment plant environmental compliance while remaining sensitive to the impact to rate payers from recommended improvements. One of the primary reasons for conducting this study was to confirm the potential benefits of consolidating flows from the six plants into a lesser number of newer larger treatment plants. ALTERNATIVES: Council may choose not to approve the resolution OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Water Utilities FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): n/a Comments: None. RECOMMENDATION: Approval of Resolution as submitted. LIST OF SUPPORTING DOCUMENTS: Resolution, Wastewater Management Plan, Presentation Resolution approving the City of Corpus Christi Wastewater Management Plan Final Report ("Final Report") regarding options for improvements to the City's wastewater treatment plants ("WWTPs") and adopting Option 4D as stated in the Final Report which provides for following key infrastructure components: (1) construction of a new 12 million gallons per day (MGD) wastewater treatment facility at a new site ("New WWTP") with recommended location in the area between the current Allison and Greenwood WWTPs; (2) consolidation of existing wastewater flows at two WWTPs: the New WWTP and an upgraded and expanded 20 MGD plant on the Oso WWTP site, with Broadway and Whitecap WWTPs to remain in service for foreseeable future; and (3) decommissioning of the Allison, Laguna Madre, and Greenwood WWTPs NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Council for the City of Corpus Christi, Texas approves the Final Report of the Corpus Christi Wastewater Management Plan, regarding options for improvements to the City's Wastewater Treatment Plants. A copy of the Final Report is attached to this Resolution. Section 2. That the City Council adopts the Final Report's Option 4D which involves the consolidation of existing plant flows at two treatment plant sites: a new north plant site and an expanded and upgraded plant on the current Oso plant site. Allison, Laguna Madre and Greenwood WWTPs would be taken out of service under this option and Broadway and Whitecap WWTPs would stay in service for the foreseeable future with possible consolidation at a later time. The key infrastructure components for Option 4D are identified in the Final Report as follows: 1) construction of a new 12 million gallons per day (MGD) wastewater treatment facility at a new site ("New WWTP") with recommended location in the area between the current Allison and Greenwood WWTPs; (2) consolidation of existing wastewater flows at two treatment plant sites: the New WWTP site and an expanded and upgraded 20 MGD plant on the Oso WWTP site, with Broadway and Whitecap WWTPs to remain in service for foreseeable future; and (3) decommissioning of the Allison, Laguna Madre, and Greenwood WWTPs. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Council Member November 2016 Stantec Prepared for: City of Corpus Christi Prepared by: Stantec Consutling Services Inc. in association with LNV, Inc. - Bath Engineering - CR&G - Kailo Communications Sudio - TischlerBise `.■may Stantec Sign -off Sheet This document entitled City of Corpus Christi Wastewater Management Plan was prepared by Stantec Consulting Services Inc. ("Stantec") for the account of the City of Corpus Christi (the "Client"). Any reliance on this document by any third party is strictly prohibited. The material in it reflects Stantec's professional judgment in light of the scope, schedule and other limitations stated in the document and in the contract between Stantec and the Client. The opinions in the document are based on conditions and information existing at the time the document was published and do not take into account any subsequent changes. In preparing the document, Stantec did not verify information supplied to it by others. Any use which athird party makes of this document is the responsibility of such third party. Such third party agrees that Stantec shall not be responsible for costs or damages of any kind, if any, suffered by it or any other third party as a result of decisions made or actions taken based on this document. Prepared by Rob Simm, PhD Reviewed by Ashok Varma, PE Sig ure ka& �' Tisch er ise November 2016 Sign -off Sheet Stantec LN/ Table of Contents Executive Summary 1 Recommendation 1 Project Approach 2 Develop Optimal Wastewater Treatment Configuration 2 Project Risks and Evaluation of Delivery Methods 4 1.0 Optimal Wastewater Treatment Configuration 8 1.1. Current Wastewater System Configurations and Operations 9 1.2. Future Requirements 24 1.3. Stakeholders and Stakeholder Input 30 1.4. Summary of Existing Constraints 32 1.5. Identification of the Preferred Wastewater Servicing Option 34 2.0 Implementation Phasing Plan 64 2.1. Introduction 64 2.2. Project Risk Assessment 67 2.3. Proposed Implementation Plan and Project Delivery 69 2.4. Interim Operations Plan 75 2.5. Stakeholder Management Plan 77 3.0 Implementation Programming Schedule 78 3.1. Introduction 78 3.2. Project Implementation Triggers 78 3.3. Proposed Program Implementation Schedule 79 3.4. Risk Management Plan 79 3.5. Fund Requirement Schedule 81 Table of Contents November 2016 R c kailo'` TischlerBise LNV Stantec List of Tables Table ES -1 Key Infrastructure Requirements for recommended Option 4D 1 Table ES -2 Wastewater Servicing Options 2 Table ES -3 Key Project Elements and Associated Critical Implementation Risks 4 Table ES -4 Summary of Fund Requirements 7 Table 1-1 Permit Limits for Existing Allison WWTP 10 Table 1-2 Permit Limits for New Broadway WWTP 11 Table 1-3 Permit Limits for Greenwood WWTP 12 Table 1-4 Permit Limits for Laguna Madre WWTP 14 Table 1-5 Permit Limits for Oso WRP 14 Table 1-6 Permit Limits for Whitecap WWTP 15 Table 1-7 Monthly DMRs for 2014 and 2015 16 Table 1-8 Physical Condition Ratings and Descriptions 17 Table 1-9 Summary of Required Upgrade Costs by Facility 18 Table 1-10 Overall Staffing Benchmarking 19 Table 1-11 Overall Power Benchmarking ($/MG Treated) 20 Table 1-12 Overall Power Benchmarking (kWh/MG) 20 Table 1-13 Typical Process Energy Usage in a Wastewater Treatment Facility 20 Table 1-14 Overall Chemical Cost Benchmark ($/MG Treated) 20 Table 1-15 Summary of Benchmarking Results by Facility 21 Table 1-16 Projected Growth by Existing Sewer Service Area 25 Table 1-17 Projected Population by Sewer Service Area 25 Table 1-18 Flow Projection by Service Area (MGD) - High 26 Table 1-19 Flow Projection by Service Area (MGD) - Low 26 Table 1-20 Current Facility Capacities Now and in 2035 27 Table 1-21 Anticipated Future Nutrient Removal Requirements 28 Table 1-22 Anticipated Biosolids Management Approach 29 Table 1-23 Anticipated Resource Recovery Systems 30 Table 1-24 Stakeholder Engagement Meetings 31 Table 1-25 Site Capacity of Existing Wastewater Treatment Plants 32 Table 1-26 Summary of Key Constraints and Approach to Addressing These 33 Table 1-27 Wastewater Servicing Options 36 Table 1-28 Summary of Infrastructure Requirements for Option 1 38 Table 1-29 Proposed Unit Operations for New 10 MGD Greenwood WWTP 38 Table 1-30 Summary of Infrastructure Requirements under Option 2A 39 Table 1-31 Proposed Unit Operations for New 12 MGD Allison WWTP 40 Table 1-32 Proposed Unit Operations for new 20 MGD Laguna Madre WWTP 40 Table 1-33 Summary of Infrastructure Requirements under Option 2B 41 Table 1-34 Summary of Infrastructure Requirements under Option 3A 43 Table 1-35 Proposed Unit Operations for New 32 MGD North Site WWTP 43 Table 1-36 Summary of Key Infrastructure Requirements under Option 3B 45 11 a rrh C R G kaiak Tisch &use November 2016 List of Tables Stantec LNV Table 1-37 Proposed Unit Operations for New 35 MGD Southwest WWTP 45 Table 1-38 Summary of Key Infrastructure Requirements under Option 3C 47 Table 1-39 Proposed Unit Operations for new 32 MGD Southeast Treatment Plant 47 Table 1-40 Summary of Key Infrastructure Requirements under Option 4A 48 Table 1-41 Proposed Unit Operations for new North WWTP under Option 4A 49 Table 1-42 Proposed Unit Operations for New Laguna Madre WWTP under Option 4A 49 Table 1-43 Summary of Key Infrastructure Requirements under Option 4B 50 Table 1-44 Proposed Unit Operations for Proposed Southwest Treatment Plant under Option 4B 51 Table 1-45 Proposed Unit Operations for Laguna Madre WWTP under Option 4B 51 Table 1-46 Summary of Key Infrastructure Requirements under Option 4C 52 Table 1-47 Proposed Unit Operations for New 12 MGD North Plant under Option 4C 53 Table 1-48 Proposed Unit Operations for New 20 MGD Southeast Plant Under Option 4C 53 Table 1-49 Summary of Key Infrastructure Requirements under Option 4D 54 Table 1-50 Proposed Unit Operations for 12 MGD New Plant under Option 4D 55 Table 1-51 Summary of Capital and O&M Costs by Option 57 Table 1-52 Difference in O&M Cost between Servicing Options for Various Labor Inflation Rates 57 Table 1-53 Difference in O&M Costs between Options for Various Power Inflation Rates 58 Table 1-54 Supplemental Wastewater User Rate Calculations 58 Table 1-55 Evaluation Criteria and Weighting Factors used for Options Evaluation 59 Table 1-56 Key Infrastructure Requirements for recommended Option 4D 63 Table 2-1 Preliminary Risk Matrix 68 Table 2-2 Comparison of Project Delivery Options - Value for Money and Increased Cost 72 Table 2-3 Examples of Recent Alternative Delivery Water Projects in Texas 74 Table 2-4 Key Project Elements and Associated Critical Implementation Risks 74 Table 2-5 Preliminary Recommendation on Staffing Levels by Employment Category 76 Table 3-1 Program Implementation Schedule 79 Table 3-2 Potential Alternative Strategies 80 Table 3-3 Summary of Fund Requirements 81 List of Tables November 2016 CTischlerase • pij t ry R LNV Stantec List of Figures Figure ES -1 General Configuration of Preferred Alternative 1 Figure ES -2 Options Evaluation Matrix 5 Figure 1-1 Service Area Boundary of Six Existing Wastewater Treatment Plants 9 Figure 1-2 Aerial Photo of Existing Allison WWTP 10 Figure 1-3 Aerial Photo of ExistingBroadwayWWTP 11 Figure 1-4 Aerial Photo of Existing Greenwood WWTP 11 Figure 1-5 Aerial Photo of Existing Laguna Madre WWTP 13 Figure 1-6 Aerial Photo of Existing Oso WRP 14 Figure 1-7 Aerial Photo of Existing Whitecap WWTP 15 Figure 1-8 Population Projections for the City of Corpus Christi (2020 to 2070) 24 Figure 1-9 Option 1 System Configuration 37 Figure 1-10 Option 2A System Configuration 39 Figure 1-11 Option 2B System Configuration 41 Figure 1-12 Option 3A System Configuration 42 Figure 1-13 Option 3B System Configuration 44 Figure 1-14 Option 3C System Configuration 46 Figure 1-15 Option 4A System Configuration 48 Figure 1-16 Option 4B System Configuration 50 Figure 1-17 Option 4C System Configuration 52 Figure 1-18 Option 4D System Configuration 54 Figure 1-19 Options Evaluation Matrix 60 Figure 1-20 System Configuration of Recommended Option - Option 4D 62 Figure 2-1 Conceptual Site Plan for New North Treatment Plant 64 Figure 2-2 Greenwood Pumping Station Site Plan 65 Figure 2-3 Preliminary Layout for Upgraded and Expanded Oso WRP 65 Figure 2-4 Potential Force Main Routing for Flow Diversion from McBride Lift Station to Broadway WWTP 66 Figure 2-5 Potential Force Main Routing for Flow Diversion from Arcadia Lift Station to Broadway WWTP 66 Figure 2-6 Relative Risk Transfer with Various Alternative Delivery Approaches 73 Figure 2-7 The Project Triangle - Anticipated Number of Bidders for Various Project Delivery Approaches 73 Figure 3-1 Alternative Option 4E 80 C R G G kaiak Tisch &use November 2016 List of Figures Stantec LN/ Abbreviations ADF Average Dry Weather Flow AS Activated Sludge BOD5 5 -day Biochemical Oxygen Demand CBOD5 5 -day Carbonaceous Biochemical Oxygen Demand CHP Combined heat and power CIP Capital Improvement Plan CMAR Construction Manager at Risk DAF Dissolved Air Floatation DB Design -Build DBM Design -Build -Maintain DBO Design -Build -Operate DMR Discharge Monitoring Report DP Design Professional FAF Facility Assessment Form FTE Full time equivalents GIS Geographical Information System GMP Guaranteed Maximum Price GPCD Gallons per capita day MGD Million gallons per day MLSS Mixed liquor suspended solids NACWA National Association of Clean Water Agencies NPDES National Pollution Discharge Elimination System O&M Operations and Maintenance OPC Opinion of Probable Cost PDB Progressive Design Build P3 Public -Private -Partnership QBS Qualifications Based Selection RAS Return Activated Sludge SRT Solids Retention Time SSO Sanitary Sewer Overflow TCEQ Texas Commission on Environmental Quality TN Total Nitrogen TP Total Phosphorus TSS Total Suspended Solids TWDB Texas Water Development Board TSWQS Texas Surface Water Quality Standards USEPA United States Environmental Protection Agency UV Ultraviolet Disinfection WAS Waste Activated Sludge WRP Water Reclamation Plant W W TP Wastewater Treatment Plant Abbrevlatlons November 2016 LNV Stantec Executive Summary Recommendation Based on the analysis outlined within this report, it is recommended that the City of Corpus Christi (City) adopt Option 4D for their Wastewater Management Plan. The configuration of this preferred option is presented in Figure ES -1 and the primary elements summarized in Table ES -1. Figure ES -1 General Configuration of Preferred Alternative ( ) New Treatment Plant • Close Treatment Plant Repair Treatment Plant O Expand Treatment Plant —> Wastewater Pipeline Reuse Pipeline —>p /////://, —> 14. J Table ES -1 Key Infrastructure Requirements for recommended Option 4D Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 10 years • Decommission the plant after 10 -years and build new pumping station to direct flows to the new North treatment plant. North Treatment Plant • Construct a new 12 MGD facility at the North treatment plant site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new North treatment plant site. Broadway • Repair over next 20 years Oso • Repair plant over next 20 years • Upgrade plant to BNR and expand to 20 MGD over next 5 years. Laguna Madre • Repair the existing plant over the next 5 years • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Laguna Madre plant to transfer wastewater from Laguna Madre to the Oso treatment plant. Whitecap • Repair over next 20 years Path C R G kaiakTisch &use November 2016 Executive Summary 1 Stantec LNV Project Approach The overall objective of this project is to determine the optimal long-range wastewater treatment plant, consolidation and trunk sewer pumping scenario. The optimal strategy will support treatment plant environmental compliance while remaining sensitive to the impact to rate payers from recommended improvements. After determining the optimal strategy, the City wishes to develop an improvements implementation plan elaborating logical project limits for procurement, project sequencing, and overall program schedule and budgets for each element. The project plan was developed under three phases as follows: • Phase 1- Develop an optimal wastewater treatment configuration • Phase 2 - Develop an implementation phasing plan • Phase 3 - Develop an implementation programming schedule Develop Optimal Wastewater Treatment Configuration The City of Corpus Christi presently owns and operates six (6) wastewater treatment facilities. Four of the plants (Allison WWTP, New Broadway WWTP, Oso WRP, and Greenwood WWTP) are located in the main part of the city, one (Laguna Madre WWTP) is located on and services the Flour Bluff area, and one (Whitecap WWTP) is located on Padre Island. One of the primary reasons for conducting this study was to confirm the potential benefits of consolidating flows from the six existing wastewater treatment facilities into a lesser number of newer larger treatment plants. The unit operating costs for larger wastewater treatment plants tend to be lower than for smaller facilities. This is primarily due to reduced staffing levels, measured as full-time equivalents (FTEs) per million gallon (MG) treated, and lower unit power costs measured as kilowatt hours (kW -hr) per million gallon treated that decline with increasing plant capacity. Ten consolidation options were evaluated for this study, as summarized in Table ES -2. Table ES -2 Wastewater Servicing Options Category Description Options 1- Maintain all Existing Plant sites • Keep six sites. Replace Greenwood on same site. Continue with current operations and planned maintenance. • 1- Maintain Existing Sites 2 - Consolidate at Existing Plant sites • Keep Broadway & Whitecap. • Consolidate remainder at two of the existing plant sites. • 2A - Allison + Laguna Madre • 2B Allison + Oso 3 - Consolidate at New Plant site • Keep Broadway & Whitecap. • Consolidate remainder at one new plant site. • 3A - North site • 3B - Southwest site • 3C - Southeast site 4 - Combination of New and Existing sites • Keep Broadway & Whitecap. • Consolidate remainder at two sites with at least one new site plus an existing site. • 4A - North + Laguna Madre • 4B - Southwest + Laguna Madre • 4C - North + Southeast • 4D - North + Oso 2 Executive Summary November 2016 Rc kailo'` TischlerBise The city is facing an estimated sustaining capital spend at the six existing wastewater treatment facilities of approximately $220 M. The majority of the capital requirements are for the Greenwood (approximately $61 M) and Oso (approximately $81 M) facilities. The contributing sewer shed for these two plants is also where the majority of anticipated demand growth is expected to occur. The 2016 capital improvement plan is for an estimated capital spend to 2035 of approximately $524 M and results in utility rates that are considered unaffordable based upon EPA affordability criteria. User rate increases are driven in large part by increases in capital spend. The increase in capital spending can be partly offset by reductions in annual operation and maintenance (O&M) spend. Options requiring a large upfront capital spend over the next 5 to 10 years will have a significant further negative impact upon wastewater user rates if not offset by O&M cost efficiencies. The implementation of any of the options presented in this report needs to strike the appropriate balance between minimizing the sustaining capital spend on existing facilities destined to be taken out of service and consolidating existing facilities as soon as practical in order to realize annual O&M savings associated with economies of scale, while staging planned capital spending for new facilities in order to minimize the impact upon user rates. The best way to assess the options under consideration was to construct a detailed cash flow model for each. The consulting team constructed detailed capital and O&M cost models for each of the ten options considered for this study. All of the options were compared against Option 1- Maintain existing six plant sites, which was treated as the benchmark. The team then conducted sensitivity analyses on each of the options considered to determine how changing conditions might impact costs as well as the recommended servicing option. The financial analysis suggests Option 1- Maintain the six existing plant sites has the lowest overall capital cost associated with treatment and pumping infrastructure given that it takes maximum advantage of existing infrastructure. However, Option 1 has the highest O&M costs of the options considered. Option 1 also has the highest capital cost for industrial reuse water given reuse water would likely have to be provided from two treatment plants as opposed to one under other options, which renders no significant user rate savings. Rath C R r<r G kaiak use LNV ® Stantec The cost analyses suggest Options 2B and 4D are competitive with Option 1 from an overall cost perspective considering capital costs for treatment and reuse as well as cumulative O&M costs. The relative impact on user rates for options 1, 2B, and 4D is essentially equal. Option 3A, which has the highest cumulative capital cost of the options considered, would have a statistically significant impact on user rates relative to the Option 1 benchmark. Sensitivity analysis demonstrates that the difference in O&M cost savings is most sensitive to labor costs and labor cost inflation. The consolidation options each result in significant staff reductions relative to the bench mark Option 1 even after optimizing existing plant operations. Higher future labor costs and increased labor inflation will favor the consolidation options, particularly options 2B and 4D, relative to the benchmark (Option 1). Prior to evaluating the Options, the City staff and their consultant team engaged with the citizens and other stakeholders to hear what issues and concerns needed to be considered in selecting the optimum future wastewater configuration. As can be expected, there was a wide range of opinions expressed by the general public, neighborhood associations, agencies, business professionals and other interested parties. These issues of concern were then grouped into preliminary evaluation criteria to cover the Economic, Social, Natural and Technical environments. The preliminary criteria were presented to City staff at an evaluation workshop where the team could confirm that these fully covered the range of relevant issues and also establish the relative priorities. Three priority levels and associated weightings were proposed: normal items were unweighted (level 1), important items were given a double weighting (level 2) and the most critical items were given a triple weighting (level 3). Having established the evaluation criteria, each of the 10 Options was evaluated using a qualitative five -point scale that ranged from strongly negative to strongly positive with a neutral midpoint level. It should be emphasized that the evaluation is subjective in nature and seeks to determine the relative performance or predicted impact under each criteria of an option as compared to the performance or impact of the other servicing options. To reinforce that the evaluation is qualitative in nature, symbols rather than numbers were used to represent the "score" under each criterion. The evaluation of the ten options are presented here in Figure ES -2. Based on this evaluation, the highest ranked wastewater servicing configuration (identified as 4D) is to consolidate future wastewater treatment around two main facilities - a new North plant and the existing Oso plant. It should be noted that this evaluation was based on assumptions of future water quality effluent standards which will still need to be verified. November 2016 Executive Summary 3 Stantec LNV Project Risks and Evaluation of Delivery Methods The key project elements associated with implementation of the preferred configuration (Option 4D) along with the key implementation risks are summarized here in Table ES -3. Rehabilitation and small upgrade projects identified in the physical condition survey would likely be delivered under traditional Design Bid Build (DBB) delivery or some form of job order contracting (JOC) arrangement. Table ES -3 Key Project Elements and Associated Critical Implementation Risks Project Time Frame Estimated Cost ($M) Key Risk Elements Oso WRP BNR upgrade and Expansion 0-5 year $72 M • Constructability associated with existing plant • Impact of construction on existing plant operations. • Inability to secure discharge permit. • Higher cost due to unforeseen circumstances. • Estimated operations cost savings not achieved. Greenwood PS and Force main 0-5 year $73 M • Ability to secure required easements for force main. • Delay in PS and force main construction delays flow transfer to North plant and increases Greenwood WWTP sustaining capital spend. • Traffic impacts during construction. • Flooding of construction site. Laguna Madre PS and Force main 6-10 year $18 M • Ability to get permit for Oso Bay pipeline crossing. • Securing required easements for force main. • Traffic impacts during construction. New North WWTP 0-5 year $103 M • Ability to secure suitable project site. • Delay in getting effluent discharge permit for new plant. • New plant construction not completed on time resulting in additional sustaining capital spend at Greenwood. • Greenwood PS and force main not ready in time to commission new plant. • Operations cost savings not attained post construction. Allison PS and Force main 11-15 years $22 M • Securing required easements for force main. • Traffic impacts during construction. A multi criteria analysis (MCA) was conducted to confirm the best delivery method for each project. Based on this analysis, recommended delivery methods are as follows: • Laguna Madre PS and Force Main - Design -Bid -Build (DBB) • Alison PS and Force Main - Design -Bid -Build (DBB) • Greenwood PS and Force Main - Design -Build (DB) • New North WWTP - Design -Build -Operate (DBO) • Oso WRP BNR Upgrade and Expansion - Construction Manager at Risk (CMAR) • Industrial Reuse - Public Private Partnership (P3) 4 Executive Summary November 2016 Rc kailo'` TischlerBise LNV ® Stantec Figure ES -2 Options Evaluation Matrix U Sub -Topic 1 _ — 2A _— 2B __� �= -'� 3A __— 3B 3C 4A 4B — 4C __— 4D ___ Total Capital Cost Strongly positive —capital cost less than$800M Neutral -mid levelcapital cost of$900M to $1,000M Positive -capital iri cost lessthan $900M Negative -capital fi)costmorethan $1,000M Negative -capital costmorethan $1,000M Negative -capital fi)costmorethan $1,000M Neutral -mid level capital cost of$900M to $1,000M Neutral -mid levelcapital cost of$900M to $1,000M Neutral -mid level capital cost of$900M to $1,000M Positive - capital 46 cost less than $900M Total O&M Cost Negative -high level O&M cost morethan$550M Neutral- mid 4-_)levelO&M cost of $525M to $550M Strongly positive- • low O&M cost less than$500M Neutral- mid 4-_)levelO&M cost of $525M to $550M Neutral -mid o level O&M cost of $525M to $550M Neutral- mid o levelO&M cost of $525M to $550M Positive -lower 1) O&M cost of $500M to $525M Neutral- mid 1) levelO&M cost of $525M to $550M Neutral -mid 1) level O&M cost of $525M to $550M Strongly positive - • low O&M cost less than$500M Cash Flow Strongly positive- • max annual spend of approx $100M Neutral -max O annual spend of approx$200M Neutral -max O annual spend of approx$200M Negative -max O annual spend of approx$250M Negative -max O annual spend of approx$250M Negative -max O annual spend of approx$250M Negative -max O annual spend of approx$250M Strongly negative 0-maxannual $30 dl�ofapprox Strongly negative 0-maxannual $30ndI�ofapprox Neutral -max O annual spend of approx$200M Maintaining base flow Neutral -keeps O ll flows at status quo dr) Negative -reduce flows to Oso Bay Neutral -keeps O criticalflows at status quo dr) Negative -reduce flows to Oso Bay Strongly negative O - reduce flow to Oso Bay, increase to Oso Creek O Negative -reduce flows to Oso Bay ONegative -reduce flows to Oso Bay Strongly negative O - reduce flows to Oso Bay, increase to Oso Creek ONegative -reduce flows to Oso Bay Neutral -keeps O criticalflows at status quo Effluent requirements Negative - continues challenges in Oso Bay and Nueces River Neutral- continues challenges in NuecesRiver Negative- continues © challenges in Oso Bay and Nueces giver Positive -allows 46 lower treatment requirements Neutral- continues challenges in Oso Creek Neutral- continues challenges in Oso Creek Positive -allows lower treatment requirements Neutral- continues challenges in Oso Creek Positive -allows lower treatment requirements Neutral- lower treatment in north, challenges inOso Bay Local eco systems Neutral -keeps status quo Negative- 4' potentialimpact at Blind Oso from loss of flow Neutral -keeps status quo Negative- potentialimpact at Blind Oso from loss of flow Negative- ON potentialimpact at Blind Osofrom loss of flow Negative- potentialimpact at Blind Oso from loss of flow Negative- ON potentialimpact at Blind Osofrom loss of flow Negative- potentialimpact at Blind Oso from loss of flow Negative - ON potentialimpact at Blind Osofrom loss of flow Neutral -keeps status quo Phasing potential Positive -can � proceed with multiple projects atone time Neutral- can 4) proceed at two sites and with pipelines Neutral- can � proceed at two sites and with pipelines Negative- requires all fp projects robe completed at same time Negative- requires all projects to be completed at sametime Negative - requires all projects robe completed at same time Neutral- can � proceed at two sites and with pipelines Neutral- can 4) proceed at two sites and with pipelines Neutral- can � proceed at two sites and with pipelines Neutral- can 4) proceed at two sites and with pipelines Immediate start to work Neutral- challenges at Oso, remainder available Positive - can dop work adjacent toboth existing plants Neutral- challenges at Oso, remainder available Negative or, -requires acquisition of land Negative 4- - requires acquisition of land Positive - can work independently on new plant Negative 4- - requires acquisition of land Negative - requires acquisition of land Negative 4- - requires acquisition of land Negative - requires acquisitiona land and working at Oso u c kaio ^ Tschler�is, Legend 0 O C 6 • Strongly Negative Neutral Positive Strongly Negative Positive 1 November 2016 ® Stantec LNv 15'.rn S2 U Sub -Topic 1 _�` 2A ht aq„�: __� 2B t$ Afiv.'!- _— - 3A _— ... 3B t ...0 .fiyir` __ 'Negative 3C t 44¢lr_ _= ��' 4A ._.- _ 4B _ 4C — 4D Neighboring g g land use Neutral -.w coatraue residential conflicts at Oso and Greenwood Positive u � sites with good buffers Neutral- continuesCentrales c r esideatial conflicts at Oso Stroaglypositive • -new plant in industrial area newr © plaatmgeaerally residential area Negative -new © plaatmgeaerally residential area Positive � sites withgood buffers Negative -new © plant in generally residential area Neutral- Continues 0 residential conflicts at Oso and Greenwood Neutral-` 0 r esideatial conflicts at Oso Land ownership Positive -no new tio land required for 20 years Strongly positive _ no new land • required for >30 years Strongly positive _ no new land • required for >30 years Negative -land O required for new plant Strongly negative -new O laadrequiredia residential area Strongly positive _ nonewland • required for >30 years Negative -land O requiredfornew plant Negative -land O requiredfor new plant Negative -land O requiredfornew plant Negative -land O requiredfor new plant Existingis impacts Neutral- continues status quo Positive -removes impac at Greenwood and Oso Neutral- Continues C impacts at Oso Positive -removes impac is at Greenwood and Oso Neutral- pac 0 continuesim is atOso Creek Neutral- impacts 0 continuesim is atOso Creek Positive removes tsatOso impacts Creek Neutral- impacts 0 continuesim is atOso Creek Neutral- pac 0 continuesim is atOso Creek Neutral- impacts 0 continuesim is atOso Creek Flooding potential Negative - O requires new flood wall at Greenwood Positive - removes impact from flooding at Oso Creek Positive - removes Au impact from flooding at Oso Creek Positive - removes Au impact from flooding at Oso Creek Neutral -requires O additionalflood protection along Oso Creek Neutral -requires O additionalflood protection along Oso Creek Positive - removes Au impact from flooding at Oso Creek Neutral -requires O additionalflood protection along Oso Creek Neutral -requires O additionalflood protection along Oso Creek Positive - removes Au impact from flooding at Oso Creek 0 Restoration 0 requirements posii Strongly poewOe -mini pipelines required fp Negative -new pipelines required Negative -new pipelines required Strongly negative -requires O extensive pipeline construction Strongly negative requires O extensive pipeline construction Strongly negative -requires O extensive pipeline construction Negative -new O pipehaes re quiredtt) Negative -new pipehaes re quired Negative -new pipehaes re quiredtt) Negative -new pipehaes required Traffic disruption Strongly positive • -minimalnew pipelines required Neutral- new pipelines is generally open areas Neutral- new pipelines in generally open areas Negative- O pipelines cross built up areas Negative- O pipelines cross built up areas Negative- O pipelines cross built up areas Neutral- new pipehnesin generally open areas Neutral- new pfpehnesin generally open areas Negative- O pipelines cross built up areas Neutral- new pfpehnesin generally open areas Potentialfor Reuse Negative- Long distance Oto servicing industry Positive -Allison 46 plantcloseto industry Positive - Allison 46 plant close to industry Strongly positive- • North plant close to industry Negative- Long distance Oto servicing industry Strongly negative -Longest distance Oto servicing industry Positive - North plant close to industry Negative - Long distance Oto servicing industry Positive - North plant close to industry Positive - North 46 plantcloseto industry Servicing new Development Negative - needs O se e growthne Neutral -requires expansion of o pumping and plant Neutral -requires expansion of 0 pumping and plant Neutral -requires expansion of 0 pumping and plant Strongly positive •reewcplantto • -closetonew growth Strongly positive • -closetonew growth Positive -can readily provide capacity for new growth Strongly positive • -closetonew growth Strongly positive • -closetonew growth Positive -can readily provide capacity for new growth - Efficiency of O&M Strongly negative continues O operations at 6 sites Neutral- consolidate to two m main plants, one new Neutral- consolidate to two m main plants, one new Strongly positive- • consolidate to one main new plant Strongly positive- • consolidate to one main new plant Strongly positive- • consolidate to one main plant Positive - consolidate to two W main plants, both new Positive - consolidate to two W aia plants, both new Positive - consolidate to two W main plants, both new Neutral - consolidate to two main plants, one new Flexibility forfuture consolidation Negative O-doesnot facilitatefuture consolidation Neutral- can c consolidate Whitecap burner Broadway Neutral- can c consolidate Wlsstecap but not Broadway Neutral- can c consolidate Broadwaybutaot Whitecap Negative O-doesnot facilitatefuture consolidation Neutral- can c consolidate Whitecap burner Broadway Positive - can 46 consolidateboth Wlsstecap and Broadway Neutral- can o consolidate Whitecap burner Broadway Positive - can 46 consolidateboth Wlsstecap and Broadway Positive - can 46 consolidateboth Whitecap and Broadway Overall Rating 102 101 104 95 78 86 100 84 92 106 November 2016 DIU halo 'n iischl r�7s LNV ® Stantec The estimated cash flow requirements for the recommended servicing plan are summarized here in Table ES -4. All capital costs are presented here in 2016 constant dollars. The capital spend by project and year is included with the cash flow models presented in Appendix K. Table ES -4 Summary of Fund Requirements Program Element Collection System Upgrades Associated with Reducing Overflows Implementation Time Frame 0-5 yr. 6-10 yr. 11-15 yr. 16-20 yr. $127 M $127 M $127 M Allison WWTP Repair and Rehab $13 M $4 M Allison PS and Force main $22 M Broadway WWTP Repair and Rehab $11 M $3 M $1 M Oso WRP Repair and Rehab $54 M $3 M $6 M $18 M Oso WRP BNR Upgrade & Expansion $72 M Greenwood Repair and Rehab $14 M Greenwood PS and Force main $73 M Laguna Madre Repair and Rehab $7 M Laguna Madre PS and Force main $18 M New North WWTP $103M Whitecap WWTP Repair and Rehab $19 M $2 M $2 M TOTALS $493 M $155 M $157 M $21 M The total estimated capital spend for Option 4D is approximately $826 M with O&M savings over the next 30 -years of approximately $60 M relative to the benchmark option of maintaining the six existing wastewater treatment plants. Path C R kalio "` TischlerSise G November 2016 Executive Summary 7 Optimal Wastewater Tre Configuration `NV Stantec 1.0 Optimal Wastewater Treatment Configuration The overall objective of this project is to determine the optimal long-range wastewater treatment plant, consolidation and trunk sewer pumping scenario. The optimal strategy will support treatment plant environmental compliance while remaining sensitive to the impact to rate payers from recommended improvements. After determining the optimal strategy, the City wishes to develop an improvements implementation plan elaborating logical project limits for procurement, project sequencing, and overall program schedule and budgets for each element. The project plan was developed under three phases as follows: • Phase 1- Develop an optimal wastewater configuration scenario • Phase 2 - Develop an implementation phasing plan • Phase 3 - Develop an implementation programming schedule Our general approach to the wastewater management plan development included: • Confirm what drives capital and operating and maintenance costs - Sustaining capital requirements needs were identified for each of the six (6) existing wastewater treatment plants (WWTPs). Those factors that will drive future capital expenditure were also identified. Current operating and maintenance (O&M) costs were benchmarked against other comparable facilities and opportunities to optimize existing costs were identified. • Confirm anticipated costs and associated user rates for the status quo alternative - All of the options considered for this study were compared against the alternative of continuation of the existing six -plant system. The project team confirmed the city's current upgrading and expansion plans for the six existing plants. Operational improvements were also identified so that each option considered could be compared against the upgraded, expanded, and optimized six -plant system. • Determine the best recapitalization and consolidation plan that balances cost and technical requirements - An extensive stakeholder engagement plan was conducted to assist in identifying non-financial factors important to the overall plan development. A pre-screening analysis that considered financial, social, environmental and technical factors was used to short-list the best options. • Develop a plan that allows for adjustments to the overall implementation - It is critically important to develop a plan that is flexible enough to account for potential market, regulatory, and technology changes. The pre-screening analysis favored long term servicing options that support flexible implementation. • Develop a CIP and list of contracting packages - Contracting packages that support a cost-effective solution and provide the best value to the City and rate payers were identified. • Identify risk factors associated with implementation - Every project involves some degree of risk. The key project risks, probability of their occurrence, and consequences of a specific risk being realized were identified. A risk management plan was then developed to address identified risks. • Identify the best project delivery approach and plan for each contracting package - The party best able to manage potential project risks was identified in consultation with the City, and the best project delivery approach for each contracting package was determined. • Develop a cash flow plan and schedule - The results of the study were summarized into a cash flow plan and associated schedule. Path C R G kaiak Tisch &use November 2016 Optimal Wastewater Treatment Configuration 8 Stantec LNV 1.1. Current Wastewater System Configurations and Operations 1.1.1 Existing System Configuration and Operations The City of Corpus Christi presently owns and operates six (6) wastewater treatment facilities. Four of the plants (Allison WWTP, New Broadway WWTP, Oso WRP, and Greenwood WWTP) are located in the main part of the city, one (Laguna Madre WWTP) is located on and services the Flour Bluff area, and one (Whitecap WWTP) is located on Padre Island. The service area for each of the existing six plants is presented here in Figure 1-1. Figure 1-1 Service Area Boundary of Six Existing Wastewater Treatment Plants Allison pro moo, I reenFwU d 1 ISA HOD] City of Corpus Christi I Wastewater Service Areas L� 2 4 8 Miles 12 The plants vary in age from the original construction in the WWTP. • Oso pf9-# MODS 00.4,e. Go,Ouf Cfi,St Day Laguna Madre 3.9 M4DS • 1. The wastewater collection system is extensive and consists 100 miles of force main. Whitecap SR.S M44S 1940s and 1950s to the recently constructed New Broadway of 1,243 miles of sanitary sewer, 100 pumping stations, and Abrief description of each of the six wastewater treatment plants is provide in the text that follows. 9 Optimal Wastewater Treatment Configuration November 2016 RNIL c kailo'` TlschlerBlse 1.1.1.1 Allison WWTP The Allison WWTP is a 5 million gallon per day (MGD) activated sludge facility that is currently being operated in "contact stabilization" mode. Originally constructed in 1966 as a 2 MGD facility, the Allison WWTP was expanded in 1984 to its current capacity and modified to allow for wastewater treatment to be accomplished in either the "contact stabilization" or "complete mix" mode. An annotated aerial photograph of the existing Allison WWTP is shown in Figure 1-2. Figure 1-2 Aerial Photo of Existing Allison WWTP The liquid treatment unit processes of the Allison WWTP include screening, grit removal, complete mix activated sludge process, secondary clarification, filtration, disinfection, sludge stabilization and sludge dewatering. Raw wastewater enters the plant through a gravity collection system and the force main from the Sharpsburg Lift Station and is then pumped by the Plant Lift Station to the new Mechanical Bar Screen Facility where debris is screened from the flow. The wastewater continues by gravity to the adjacent Grit Removal Unit where grit is separated from the flow before it is split between the East and West Aeration Basins. The activated sludge treatment process consists of nine aeration basins. The aeration basins are separated into the east and west plants. The east plant is from the original 1966 construction and consists of six aeration basins and the west plant was constructed in 1984 and consists of three aeration basins. There are four centrifugal blowers located in the Blower Building that are used to supply air to the east and west aeration basins, east aeration airlift, west aeration airlift, pre - thickener airlift pumps, and aerobic digesters 1 thru 4. Mixed liquor from the Aeration Basins flow to the two Final Clarifiers where solids are allowed to settle out and the clear water (effluent) flows over the weirs to the Automatic Backwash Filter. Return Activated Sludge (RAS) pumps recirculate the solids to the head of the Aeration Basins to Path C R G kalokTisch &use LNV ® Stantec mix with the incoming raw wastewater. The Automatic Backwash Filters provide additional solids removal from the effluent before it is dosed with liquid Sodium Hypochlorite for disinfection in the Chlorine Contact Chamber. At the end of this chamber the effluent is dosed with Sodium Bisulfite to remove the chlorine in the water. Solids are removed from the system, concentrated in the thickeners and stabilized in the Aerobic Digesters prior to dewatering on the two belt presses in the Sludge Dewatering Building. The existing Sludge Drying Beds provide a location for dewatering other material collected at the plant. Dried solids are transported to the City's landfill for disposal. Treated effluent from the Allison WWTP is permitted by the TCEQ to be discharged from two separate outfalls. Outfall 001 is the original discharge method through two parallel 24 -inch diameter pipes leading from the plant site, north to the Nueces River. Treated effluent can also be pumped to Outfall 002, known as the Effluent Diversion Demonstration Project, located across the Nueces River from the plant. Discharge from Outfall 002 is into South Lake in the west end of Nueces Bay. The existing effluent discharge permit for the Allison WWTP was issued January 12, 2015 and expires on May 1, 2018. The current permit limits are summarized here in Table 1-1. Table 1-1 Permit Limits for Existing Allison WWTP Effluent Characteristic Daily Average Outfall No. 001- Nueces River Tidal Flow 5 MGD (peak 2 -hour flow = 15 MGD) BOD5 20 mg/L (weekly - 30 mg/L, max - 45 mg/L) Total Suspended Solids (TSS) 20 mg/L (weekly - 30 mg/L, max. - 45 mg/L) Ammonia - Nitrogen 12 mg/L (weekly -18 mg/L, max. - 24 mg/L) Enterococci 35 MPN/100 mL (max. - 104 MPN/100 mL) Outfall No. 002 - Nueces to South Lake Flow 2 MGD (peak 2 -hour flow = 4 MGD) BOD5 20 mg/L (weekly - 30 mg/L, max - 45 mg/L) Total Suspended Solids (TSS) 20 mg/L (weekly - 30 mg/L, max. - 45 mg/L) Ammonia - Nitrogen 4 mg/L (weekly- 6 mg/L, max. -10 mg/L) Enterococci 35 MPN/100 mL (max. - 104 MPN/100 mL) November 2016 Optimal Wastewater Treatment Configuration 10 5 Stantec LNV 1.1.1.2 Broadway WWTP The Broadway WWTP is an 8 MGD activated sludge facility that was constructed between 2010 and 2013 to replace the original Broadway WWTP constructed in 1938 and subsequently upgraded in 1940, 1950, 1954, and 1980. An aerial photo of the existing Broadway WWTP is shown in Figure 1-3.. Figure 1-3 Aerial Photo of Existing Broadway WWTP 1.1.1.3 Greenwood WWTP The Greenwood WWTP is an 8 MGD activated sludge facility that currently operates in the "complete mix" mode. Constructed in 1957, the Greenwood WWTP, was originally known as the Westside WWTP and operated as a trickling filter plant with anaerobic digestion. Since then the Greenwood WWTP underwent two major expansions. The first in 1990 increased the plant's capacity to 6 MGD and converted the contact stabilization. The second expansion occurred in 1998, which further increased the plant's capacity to 8 MGD and converted the wastewater treatment process from the "contact stabilization" mode to the "complete mix" mode. An annotated aerial photo of the existing Greenwood WWTP is shown in Figure 1-4. Figure 1-4 Aerial Photo of Existing Greenwood WWTP The new Broadway WWTP consists of influent pumping, screening, grit removal, three aeration basins, two secondary clarifiers, and UV disinfection. The new Broadway WWTP is the only existing facility that accepts hauled waste. The plant discharges treated effluent to the Corpus Christi inner harbor. The existing effluent discharge permit for the new BroadwayWWTPwas issued December 10, 2013 and expired on June 1, 2016. The City is currently negotiating a permit renewal with TCEQ. The current permit limits are summarized here in Table 1-2. Note that the peak 2 -hour capacity has been planned and permitted for 40 MGD but to date has only been built at 20 MGD. Table 1-2 Permit Limits for New Broadway WWTP Effluent Characteristic Daily Average Discharge - Corpus Christi Inner Harbor Flow BODS Total Suspended Solids (TSS) Total Copper Enterococci 8 MGD (peak 2 -hour flow = 40 MGD) 20 mg/L (weekly- 30 mg/L, max - 45 mg/L) 20 mg/L (weekly- 30 mg/L, max. - 45 mg/L) 0.0241 mg/L (max. - 0.051 mg/L) 35 MPN/100 mL (max. - 104 MPN/100 mL) The liquid treatment unit processes of the Greenwood WWTP include screening, grit removal, complete mix activated sludge process, secondary clarification, disinfection, sludge stabilization and sludge dewatering. All raw wastewater flow enters the plant through the gravity collection system and is then pumped by the Plant Lift Station to the Influent Structure where debris is removed by the mechanical bar screens and grit is separated in the grit chambers. A Parshall flume and flow meter measure and record the influent flow stream. Splitter Box No.1 on the end of this structure divides the flow to the four Primary Clarifiers. A portion of the solids settle out in the primary clarifiers and they are pumped to the thickener. The remaining raw wastewater overflows the clarifier weirs and continues on to Splitter Box No. 2. Splitter Box No. 2 is used to mix the raw wastewater from the Primary Clarifiers with the Return Activated Sludge (RAS) from the Final Clarifiers and then divides it to each end of the Aeration Basins. The activated sludge treatment process consists of five aeration basins. There are four centrifugal blowers located in the Blower Building that are 11 Optimal Wastewater Treatment Configuration November 2016 nein C R G kapok Tsscs h lase used to supply air to the Aeration Basins and various airlift pumps and aerated structures. Mixed liquor from the Aeration Basins flow to the two Final Clarifiers where solids are allowed to settle out and the clear water (effluent) flows over the weirs to the Effluent Screening Facility. RAS pumps recirculate the solids to Splitter Box No. 2 to mix with the raw wastewater. A portion of the settled solids is removed as Waste Activated Sludge (WAS) and is pumped to the thickener. The Effluent Screening Facility removes any remaining larger solids from the effluent before it travels through the Ultraviolet (UV) Disinfection Unit. The effluent is dosed with ultraviolet light in the UV Disinfection Unit to kill pathogens and provide disinfection of the effluent prior to discharge. A Parshall flume and flow meter measure and record the effluent prior to discharge at the Effluent Structure. This structure also contains the non -potable water pumps that pump the treated effluent into the plant non -potable water distribution system for use around the plant site. An Effluent Pump Station is located adjacent to the Effluent Structure and pumps water for off-site effluent reuse. Primary solids from the four primary clarifiers, as well as Waste Activated Sludge (WAS) from the secondary clarifiers are pumped to the Dissolved Air Floatation (DAF) Thickener for additional thickening. The supernatant from the DAF is either transported back to the lift station at the headworks of the plant or is re -circulated through the DAF following air -injection. From the DAF, the sludge goes through the Digester Pump Building and is pumped into one of two primary anaerobic digesters: Primary Digester No. 2 and Primary Digester No. 3, which are filled alternately. The sludge in the primary digesters is recirculated through the sludge heaters in the Digester Pump Building. These heaters are operated as necessary (mostly in the winter months when the ambient temperatures are low) to maintain optimal temperatures for anaerobic digestion. The sludge is then pumped through the Digester No. 1 Pump House into Primary Digester No. 1 where further anaerobic digestion occurs. Under designed operating conditions Primary Digester No. 1 is filled from the bottom and the sludge is mixed periodically through recirculation. The sludge then gravity feeds into the Secondary Digester for final digestion. In the Secondary Digester the sludge is also periodically recirculated while decanting supernatant from the sludge. This supernatant is transported back to the Influent Lift Station through a 10 -inch drain line. From the Secondary Digester, the sludge is pumped into the Sludge Dewatering Building and fed into one of the two belt filter presses. The filtrate from the belt filter presses is transported back to the Influent Lift Station through the same 10 -inch drain line conveying the supernatant from the secondary digester. Even though the plant has the Path C R G kaiakTisch &use LNV ® Stantec ability to utilize two belt filter presses, only one is used at a time because the 10 -inch drain line tends to overflow. The dewatered solids from the belt filter presses are transferred to containers and transported off-site for disposal. The plant has sludge drying beds, but these are not routinely in use for dewatering sludge. The beds are occasionally used if the belt filter presses are down or if a greater volume of solids needs to be wasted from the plant. Biogas is collected from all four digesters. The biogas from Primary Digester No. 2 and No. 3 is collected and is either re -injected into the respective digesters, transported to the Digester Pump Building to be combusted in the heaters, or is sent to the facility Waste Gas Burner (Flare). The heaters utilize the biogas and supplemental natural gas to heat the undigested sludge to improve the efficiency of the anaerobic digestion process. The biogas produced from Primary Digester No. 1 and the Secondary Digester is collected and flows to the Digester Pump Building to also be used by the sludge heaters. Excess biogas not utilized by the sludge heaters is combusted through the Waste Gas Burner (Flare). The existing effluent discharge permit for the Greenwood WWTP was issued March 24, 2014 and expires on June 1, 2017. The current permit limits are summarized here in Table 1-3. Table 1-3 Permit Limits for Greenwood WWTP Effluent Characteristic Daily Average Discharge - La Volla Creek (thence to Oso Creek and iimmismanimmegramisimilirmesi Flow 8 MGD (peak 2 -hour flow = 24 MGD) BODS 10 mg/L (weekly -15 mg/L, max - 25 mg/L) Total Suspended Solids (TSS) 15 mg/L (weekly - 25 mg/L, max. - 45 mg/L) Total Copper 0.013 mg/L (max. - 0.027 mg/L) Ammonia -Nitrogen 3 mg/L (weekly- 6 mg/L, max. -10 mg/L) Enterococci 35 MPN/100 mL (max. - 104 MPN/100 mL) Dissolved Oxygen 4 mg/L minimum 1.1.1.4 Laguna Madre WWTP The Laguna Madre Wastewater Treatment Plant is a 3.0 MGD activated sludge facility that is currently operated in the extended aeration mode. The plant was originally constructed in 1971 to serve the Flour Bluff area of Corpus Christi, and was expanded in 1986 to meet projected population demand. The Laguna Madre Plant has the ability to be operated in either extended aeration or contact stabilization mode. An annotated aerial photo of the existing Laguna Madre WWTP is presented here as Figure 1-5. November 2016 Optimal Wastewater Treatment Configuration 12 Stantec LNV Figure 1-5 Aerial Photo of Existing Laguna Madre WWTP The existing plant process consists of an influent lift station, headworks (including manual bar screen and grit removal facility), aeration basins, secondary clarifiers, return activated sludge (RAS) pumps, chlorine contact chamber, chlorination and dechlorination equipment, effluent pump station, sludge pre -thickener, aerobic sludge digestion, sludge holding tank, and belt filter press. The plant has sludge drying beds which are not used at the present time, but are used when the belt press is taken offline for maintenance. Raw sewage flows into the influent lift station where the sewage is pumped to the headworks. Flow from the influent lift station is combined with raw sewage flows from the Jester Street lift station and the Laguna Shores lift station which enter the plant directly at the headworks. The combined flows pass through a manual bar screen into a grit chamber where grit and debris settle and are removed by air lift pump and grit screw conveyor. The wastewater then flows into the aeration basin where it is mixed with the RAS from both clarifiers. The mixed liquor then flows through a series of three aeration basins, where air is added to the mixed liquor using fine bubble diffusers. The aerated mixed liquor then flows over a straight weir, into a splitter box that splits the flow between the two clarifiers via two sluice gates. In the clarifiers, the mixed liquor is stilled to allow solids to settle. Solids are collected in the center cone and flows by gravity to the RAS station, where it is either sent back to the aeration chambers as RAS or it is wasted as sludge. The clarified effluent is collected through a system of overflow weirs and then flows, by gravity, to the chemical injection boxes where it is disinfected with a solution of sodium hypochlorite (hypochlorite). The effluent then flows by gravity into the chlorine contact chamber over an aeration weir and then through a v -notch weir where the chlorinated effluent is dechlorinated using a solution of sodium bisulfite. The flow rate of the dechlorinated effluent is measured by a Parshall flume. After passing through the Parshall flume, the effluent moves into a diversion box where the effluent can either be discharged by gravity to the primary outfall, (the Laguna Madre) or diverted to the effluent lift station where it is pumped off site for reuse. The plant is set up in such a way that sludge may be wasted from the center aeration basin, the clarifiers, or both. Sludge and scum from the center aeration basin are gravity fed to the pre -thickener and then pumped into the aerobic digesters where air is added to the sludge using coarse bubble diffusers and then flows to the concentrator (sludge thickener). The RAS pumps transfer the sludge from the clarifiers to either the aeration basin (as return) or digesters (as waste). The wasted sludge from the concentrator is pumped to a small sludge holding tank, and then pumped to a larger sludge holding tank and finally dewatered using a belt filter press. While the plant has drying beds, they are currently not being used. If the sludge drying beds are needed the sludge would be pumped from the small sludge holding tank to the drying beds. If the plant is operated in contact stabilization mode, wastewater from the headworks would be directed into the last aeration chamber and the return sludge from the clarifiers would be directed to the first aeration chamber. The return sludge would be aerated and stabilized before combining with the untreated wastewater in the last chamber. Once the mixed liquor passes over the straight weir into the splitter box, flow moves through the plant as described above. Compressed air is supplied to the processes through a series of five (5) blowers. The three (3) newer blowers provide air to the grit chamber, the sludge holding tank near the belt filter press, and the aeration basin. The two (2) older blowers provide air to the sludge digesters. The hypochlorite and the bisulfite are stored in above- ground tanks inside of a containment area. The plant is designed to use chemical feed pumps paced off the effluent flow meter to inject these solutions into the process. The existing effluent discharge permit for the Laguna Madre WWTP was issued August 6, 2015 and expires on April 1, 2020. The current permit limits are summarized here in Table 1-4. 13 Optimal Wastewater Treatment Configuration November 2016 C c kailo" TischlerBise Table 1-4 Permit Limits for Laguna Madre WWTP Effluent Characteristic Daily Average Discharge - Laguna Madre Flow BODS Total Suspended Solids (TSS) Enterococci 3 MGD (peak 2 -hour flow = 9 MGD) 20 mg/L (weekly- 30 mg/L, max - 45 mg/L) 20 mg/L (weekly- 30 mg/L, max. - 45 mg/L) 35 MPN/100 mL (max. - 104 MPN/100 mL) 1.1.1.5 Oso WRP The Oso Water Reclamation Plant (WRP) has a capacity of 16.2 MGD making it the largest of the six wastewater treatment plants in the City of Corpus Christi. The plant serves approximately 50% of the City's population located on the City's south side . The original Oso WRP was constructed in 1941 and has undergone several expansion projects with the most recent upgrade taking place in 1982. The existing treatment plant is operated as a conventional activated sludge facility with aerobic digestion and without primary clarification. An annotated aerial photo of the existing Oso WRP is presented here as Figure 1-6. Figure 1-6 Aerial Photo of Existing Oso WRP The Oso WRP is configured as two parallel trains; each rated at 8.1 MGD average daily flow. Although the original contact stabilization configuration was recently modified and improved with the addition ofbreakpoint chlorination and step feed pumps, the process was not originally intended, nor is it operationally efficient at removing ammonia. Influent is delivered to the Oso WRP by two in -plant lift stations and a remote lift station (Williams Lift Station), all of which discharge at the plant's headworks facility. The existing headworks includes two coarse bar screens (1 -inch spacing), and an aerated grit tank which has been out of service for many years. The screenings drop to a conveyor where they discharge into a screenings box for disposal. Path C R G kaiokTisch &use LNV ® Stantec Screened influent is introduced into the aeration basins (contact basins) where it is "contacted" with a high concentration of activated sludge. The microorganisms rapidly absorb BOD, as they have been without an external carbon source while passing through the re -aeration basins (stabilization basins). Flow from the aeration basins is directed to the rectangular secondary clarifiers, where activated sludge settles, separating it from the effluent. Activated sludge is then returned to the re -aeration basins, and the effluent proceeds to the chlorine contact basins for disinfection. The effluent from the two trains is fed to a common junction box where it is then dechlorinated and proceeds to the permitted outfall in Oso Bay. Return activated sludge (RAS) is delivered to the re- aeration basins where oxygen from additional aeration promotes metabolism of absorbed BOD. Waste activated sludge (WAS) is pumped to the end of the first pass of the re -aeration basins and is delivered to the aerobic digesters (four in series). Digested sludge is piped from Digester 1 to the recently constructed belt press building. The sludge is mixed with polymer, pressed in one of four filter presses, and then stored in a container until it is trucked to landfill for disposal. The existing effluent discharge permit for the Oso WRP was issued April 29, 2011 and expired on June 1, 2014. The City submitted a permit renewal and amendment application to TCEQ, on December 3, 2013. The permit application has been declared administratively complete and is currently under review. The current and proposed permit limits are summarized here in Table 1-5. Table 1-5 Permit Limits for Oso WRP Effluent Characteristic Daily Average Discharge - Oso Bay Flow 16.2 MGD (peak 2 -hour flow = 98 MGD) CBOD5 20 mg/L (weekly - 30 mg/L, max - 45 mg/L) Total Suspended Solids (TSS) 20 mg/L (weekly - 30 mg/L, max. - 45 mg/L) Ammonia -Nitrogen 4 mg/L (weekly- 6 mg/L, max. -10 mg/L) Chlorine Residual 0.1 mg/L (maximum) Minimum Dissolved Oxygen 5 mg/L Enterococci 35 MPN/100 mL (max. - 89 MPN/100 mL) November 2016 Optimal Wastewater Treatment Configuration 14 Stantec LNV 1.1.1.6 Whitecap WWTP The Whitecap WWTP is a 2.5 MGD activated sludge treatment plant that was constructed in 1974 and serves the Padre Island portion of the City of Corpus Christi. An annotated aerial photo of the existing Whitecap WWTP is presented here as Figure 1-7. Figure 1-7 Aerial Photo of Existing Whitecap WWTP Raw influent enters the plant at the Bar Screen Building/ Headworks. This structure houses one climber screen with approximately 3/4 -inch bar spacing. Large solids are removed by the screen and carried to a small roll -off container by a belt conveyor. The screened wastewater flows to the Influent Lift Station which is configured as a wet-pit/dry-pit pump station. Screened influent is pumped to the Aeration Basin Distribution Structure equipped with gates and weirs to control flows to the Aeration Basins. The mixed liquor, a combination of raw sewage and RAS, is then split between two Aeration Basins with fine -bubble, membrane diffusers. After aeration, the Secondary Distribution Structure directs flow to one or both Secondary Clarifiers. Clear water from Clarifiers 1 and 2 flows over v -notch weirs and is disinfected in the Ultraviolet (UV) Disinfection Basin. Treated effluent is discharged into a saltwater channel connecting Corpus Christi Bay and Baffin Bay on the west side of Padre Island. The non -potable and reuse water systems draw treated effluent from a box just upstream of the Parshall Flume. Solids from the Clarifiers are removed by the RAS/WAS pumps in the RAS/WAS Pump Station. Return Activated Sludge (RAS) is directed to the Aeration Basin Distribution Structure and the Waste Activated Sludge (WAS) is pumped to the Aerobic Digesters. After digestion, solids are pumped into an effluent chamber and piped to the Solids Handling Building. WAS is pumped to the belt filter press, mixed with polymer, and pressed to a cake. The cake is disposed of by truck and landfilled. The plant also has the ability to utilize sludge drying beds for solids handling, as a contingency. The existing effluent discharge permit for the Whitecap WWTP expires on July 1, 2017. The current permit limits are summarized here in Table 1-6. Table 1-6 Permit Limits for Whitecap WWTP Effluent Characteristic Daily Average Discharge - Laguna Madre in Segment No. 2491 of the Flow Bays & Estuaries 2.5 MGD (peak 2 -hour flow = 7.5 MGD) BODS 20 mg/L (weekly - 30 mg/L, max - 45 mg/L) Total Suspended Solids (TSS) 20 mg/L (weekly - 30 mg/L, max. - 45 mg/L) Minimum Dissolved Oxygen 4 mg/L Enterococci 35 MPN/100 mL (max. - 104 MPN/100 mL) 1.1.2 Physical Condition Survey of Existing Plants and Major Pumping Stations x.1.2.1 Physical Condition Survey Overview The consulting team conducted a physical condition survey of the City's six wastewater treatment facilities and two large wastewater lift stations. The primary objective of the assessment was to confirm the physical condition of the primary assets and estimate the required sustaining capital requirements for each facility. The Team had access to previous Assessment Reports, compiled by others, and the City of Corpus Christi Wastewater Capital Improvement Plan for 2015 to 2017. The Wastewater Department Business Plan and individual WWTP operating budgets, NPDES permits and Discharge Monitoring Reports (DMR) for 2014 and 2015 were also reviewed. In addition, the Team leveraged its knowledge of the facilities, local conditions and relationships with equipment suppliers to evaluate and price the suggested improvements. As part of the assessment, an Opinion of Probable Cost (OPC) was developed for each process area in each facility based on the Teams assessment on when those systems would need to be upgraded over the next 15 -years. These costs were derived from previous reports and the Teams understanding of the local market. Where it was determined that improvements were planned by the City, but not yet under construction, the costs were included in the OPC. Where a construction contract had been issued by the City, the costs for the upgrades were not included in the physical condition survey cost summary. The Williams and Woolridge Lift Stations were also inspected as part of this effort. Both lift stations were constructed in 1981. The Woolridge Lift Station recently added a stand-alone wet weather bypass pump to alleviate wet weather backups into neighboring homes. The 15 Optimal Wastewater Treatment Configuration November 2016 nein G C R halo Tisch rise LNV ® Stantec Williams Lift Station has not had any major improvements since being constructed. A review of the monthly National Pollution Discharge Elimination System (NPDES) Discharge Monitoring Report (DMR) for the years 2014 and 2015 indicated that the facilities have an excellent compliance record. The percent of compliance was calculated using the number of permitted parameters and the frequency of the required testing. Where continuous monitoring is required, it was not used in the calculation, but any exceedances were used. Table 1-7 outlines the facilities compliance record. Table 1-7 Monthly DMRs for 2014 and 2015 Facility Compliance Record 2014 Compliance Record 2015 Percent Compliance 99.56% Excursions 9 Parameter(s) Ammonia Percent Compliance 99.90% Excursions 2 Parameter(s) Ammonia, Enterococcus Allison WWTP Greenwood WWTP 99.84% 3 Enterococcus 99.64% 7 Enterococcus, Copper Laguna Madre WWTP 100% 0 100.00% 0 New Broadway WWTP 99.83% 4 Enterococcus 99.87% 3 Enterococcus, Max Flow Oso WRP 99.96% 1 Enterococcus 100.00% 0 Whitecap WWTP 99.88% 1 Enterococcus 99.76% 2 Enterococcus It is a credit to the operating staff at each facility that they have been able to keep the facilities running and in compliance with its NPDES permit over 99% of the time. 1.1.2.2 Assessment Approach The assessment was conducted using a multidisciplinary approach including process, process mechanical, structural, electrical, instrumentation and controls and HVAC mechanical perspectives. The following WWTP areas were included as part of the assessment and were tailored to meet the processes at each facility. Area 01: Site Development/ SCADA Area 02: Influent Pump Station/ Control Building Area 03: Grit Removal Area 04: Primary Treatment Area 05: Secondary Treatment Area 06: Effluent Filtration Area 07: Disinfection Area 08: Outfall Area 09: Thickening Area 10: Aerobic Digestion Area 11: Anaerobic Digestion Area 12: Biogas System Area 13: Flood Management The goal of the condition assessment was to identify specific processes and equipment needed to maintain the facility to meet the current NPDES permit requirements and reduce operating costs over the next 15 -years. In preparation for the assessment, Stantec prepared a standardized Facility Assessment Form (FAF) for each facility and process area. Each FAF includes a general cover sheet, condition ratings and description, and individual discipline specific sections that detail the observations of the assessment Team for each process area. Condition ratings and subsequent descriptions are included in Table 1-8. Path C R G kaiokTisch &use November 2016 Optimal Wastewater Treatment Configuration 16 C Stantec LNV Table 1-8 Physical Condition Ratings and Descriptions Condition Grade Description Very Good Sound, modern structure or equipment, operable and well-maintained Good As "Very Good", but showing some minor signs of deterioration. Routine refurbishment and maintenance required. Fair Functionally sound, but appearance significantly affected by deterioration. Structure is marginal in its capacity to prevent leakage. Mechanical and electrical plant and components function adequately but with some reduced efficiency and minor problems. Poor Deterioration has significant effect on performance of asset due to leakage or other structural problems. Mechanical and electrical components function but require significant maintenance to remain operational. Very Poor Serious structural problems having detrimental effect on performance of the asset. Will require major overhaul/ replacement of the asset in the short term. All facilities were inspected between January 20, 2016 and January 27, 2016. The purpose of this effort was to evaluate the facility, estimate the costs to upgrade the facility and to allocate those costs based on five year increments beginning in the current year and ending at year fifteen. The following is a summary of the findings. Additional studies that are recommended are also included. All WWTPs, except New Broadway, Whitecap and Laguna Madre, currently use coarse bubble diffusers in the aeration system. Due to the inherent lower energy efficiency of this technology and the increased operating costs, this technology is proposed to be replaced at each facility. A summary of the assessment results for each facility is presented in the text that follows. Detailed inspection information maybe found in the detailed physical condition survey report provided as a stand-alone document. 1.1.2.3 Allison WWTP The facility was rated as "Poor" overall. The impact of age, the wastewater and local environment, combined with the lack of capital improvements, has taken its toll on the facility. The most recent capital improvements corrected major deficiencies in the headworks, but did not make modifications to other portions of the process. The facility continues to be operated using outdated technology which hinders management's ability to implement efficiencies and cost savings in the operations. 1.1.2.4 Greenwood WWTP The facility is rated as "Poor". The impact of age, the wastewater and local environment, combined with the lack of capital improvements, has taken its toll on the facility. The facility continues to be operated using outdated technology which hinders management's ability to bring out efficiencies and cost savings in the operations. The NPDES permit requires the initiation of an "engineering and financial plan" when the plant flows reach 75% of the design capacity. The 2015 flows indicate that this milestone has been achieved. An evaluation of the current UV disinfection system is proposed. The facility is subject to flooding. A study is proposed to review and suggest the implementation of a strategy to protect the facility from flooding. 1.1.2.5 Laguna Madre WWTP The facility is rated as "Fair". This rating is primarily due to the on-going construction which will add state-of-the- art improvements to the headworks. The impact of age, the wastewater and the local environment, combined with the lack of capital improvements, has taken its toll on the remainder of the facility. The current on-going capital improvements will correct several deficiencies, but will not correct them all. The facility continues to be operated using outdated technology which hinders management's ability to implement efficiencies and cost savings in the operations. 1.1.2.6 New Broadway WWTF The facility should be rated as "Very Good" when complete. The facility was put into limited service in 2014. The effluent filter was given a "Poor" rating. It is still operational, but in need of replacement or removal from service. There was one "Very Poor" rating given. A concrete construction joint in the aeration basins was actively leaking. There were also several poor ratings given for concrete expansion joint issues in the aeration basin area. An evaluation of disinfection alternatives, including UV, Chlorine, and filtration is recommended. The UV system is currently being operated at full capacity, although the facility flows are 58% of design flow. 17 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse 1.1.2.7 Oso WRP The facility is rated as "Poor". The impact of age, the wastewater and local environment, combined with the lack of capital improvements, has taken its toll on the facility. When a change in the NPDES permit required ammonia removal, temporary pumps were set up and a process modification from contact stabilization to conventional activated sludge was initiated. Along with breakpoint chlorination, the facility was in compliance with its NPDES permit 100% of the time. These interim pumping arrangements were still in operation during the inspection. The facility continues to be operated using outdated technology which hinders management's ability to implement efficiencies and cost savings in the operations. An evaluation of breakpoint chlorination and ammonia removal and the impacts for bacteria limits is proposed. 1.1.2.8 Whitecap WWTP The facility is rated as "Poor". The impact of age, the wastewater and local environment, combined with the lack of capital improvements, has taken its toll on the facility. There are several capital improvements proposed by others. These projects are focused and will correct several deficiencies, but will not correct them all. The facility continues to be operated using outdated technology which hinders management's ability to bring about efficiencies and cost savings in the operations. 1.1.2.9 Williams Liff Station The facility is rated as "Fair". The impact of age, the wastewater and local environment, combined with the lack of capital improvements, has had an impact on the facility. LNV ® Stantec 1.1.2.10 Woolridge Liff Station The facility is rated as "Fair". The impact of age, the wastewater and local environment, combined with the lack of capital improvements, has had an impact on the facility. 1.1.2.11 Opinion of Probable Cost (OPC) As part of the assessment, an Opinion of Probable Cost (OPC) was developed for required upgrades at each facility and each process area within the facility. The OPC is based on the Teams assessment on when those systems would need to be upgraded over the next 15 -years. These costs were derived from previous reports and the Teams understanding of the local market. Where it was determined that improvements were planned, but not yet under construction, the costs were included in the OPC. Where a construction contract had been issued by the City, the costs for the upgrades were not included in the summary. Where further evaluations were required to better define a solution, an evaluation phase was added followed by an estimated cost. These evaluations are defined by year and are discussed in each facility cost breakdown by year in the Physical Condition Report. Costs for all intervals are based on 2016 dollar terms and are not inflated. Costs for Engineering Services were assumed to be 15%, City Administrative Services 10%, and a Contingency was applied at 30%. The estimated costs for required upgrades, by facility, are summarized here as Table 1-9. Table 1-9 Summary of Required Upgrade Costs by Facility Facility/Years 0-5 Years 6-10 Years 11-15 Years 16-20 Years Total Allison WWTP $13,207,000 $3,506,000 $2,467,000 $937,000 $20,117,000 Greenwood WWTP $14,398,000 $31,011,000 $5,174,000 $10,395,000 $60,978,000 LagunaMadreWWTP $6,581,000 $408,000 $428,000 $1,306,000 $8,723,000 New Broadway WWTP $20,624,000 $3,319,000 $173,000 $702,000 $24,818,000 OsoWRP $53,918,000 $3,431,000 $6,395,000 $17,679,000 $81,423,000 Whitecap WWTP $18,730,000 $213,000 $1,837,000 $2,154,000 $22,934,000 Williams LS $452,000 $1,250,000 $56,000 $1,758,000 Woolridge LS $444,000 $1,250,000 $56,000 $1,750,000 Incremental Costs $128,354,000 $41,888,000 $18,974,000 $33,285,000 $222,501,000 vi G C R kailo "` TischlerSise November 2016 Optimal Wastewater Treatment Configuration 18 Stantec LNV Detailed tables which outline the capital costs for the recommendations can be found in each of the facility sections of the physical condition report. 1.1.3 Existing Operations Assessment 1.1.3.1 Operations Assessment Overview The consulting team performed a review of the current operation and maintenance (O&M) practices at the City's six wastewater treatment plants. This assessment did not include the City's lift stations or collection system. The collection system is being assessed by the City under a long term program as discussed in Section 1.1.4. The primary objectives of the operations assessment included reviewing the existing operating and maintenance (O&M) budgets and practices at each of the six plants, benchmarking O&M costs against other similar sized operations in the country, and identifying potential O&M cost savings through operations improvement. In addition, the consulting team conducted a staffing level benchmarking effort at each plant. 1.1.3.2 O&M Cost Drivers The major costs in providing wastewater treatment services can be broken down into 3 major measurable categories. These categories are: Personnel costs, Power costs, and Chemical costs. These benchmarks were selected because they are typically the largest budget line items and there is sufficient benchmarking data to compare the City's cost to others. Personnel costs are typically the largest budgeted costs. These costs are driven by Federal, State, and local requirements. Local requirements include City Policy and Department practice. Examples of "Local Requirements" would include such things as the number of holidays per year, the accrual and taking of vacation and sick leave, general training requirements, and employee benefit packages. Examples of "Departmental Practice" would include, plant process staffing and employee callout for overtime. The operations assessment focused on "Departmental Practice". Power costs are driven by any number of physical restraints. Facility condition and equipment, controls and operating practices were the focus of the operations assessment. Chemical costs are driven by process requirements and controls available to maximize their effectiveness. Current equipment and operating practices were reviewed. In addition, the age of the equipment and the level of automation needed to control the equipment have a significant impact on the ability to reduce operating costs. In five of the six facilities, equipment and control upgrades have not kept up with current industry standards. 1.1.3.3 Benchmarking The primary source for benchmarking the City's operation was the National Association of Clean Water Agencies (NACWA) "Opportunities & Challenges in Clean Water Utility Financing and Management - NACWA Financial Survey, July 2015" (NACWA Study). This report contains information reported from over one hundred utilities across the United States for 2013. Additional data from other sources was also used where additional comparisons provided clarity to the parameters measured and recommendations provided. The comparison data from the City was the 2016 Wastewater Department Amended Budgets and the 2015 actual plant flows. Additionally, power usage for all facilities for the period October, 2014 through September, 2015 was also used. 1.1.3.4 Overall Comparisons Personnel costs are the largest single treatment cost. These currently account for 23.1% ($4.18 M) of the total facility budgets. The NACWA Study compared the number of staff for treatment and biosolids operations per million gallons per day of wastewater treated. The overall staffing benchmarking is summarized here in Table 1-10. Table 1-10 Overall Staffing Benchmarking Data Source Staffing/MG NACWA Study 1.8 City 2.1 (2015 Flow) City City 1.9 (80% Design Flow) 1.45 (Design Flow) This metric is influenced by the flow into the facilities and the level of automation. The NACWA Study does not differentiate based on the percent of design capacity. Typically staffing levels do not increase due to increased flow. Staffing of small facilities is typically higher on an MGD basis than larger facilities. The City compares favorably to the national average in the aggregate. Possible staffing adjustments are discussed in the text below as well as in the detailed assessment report enclosed in Appendix A. Overall, the amount of day to day maintenance should increase. During the walk through, the condition of the systems indicated that the facilities would be served by an increase in the level of maintenance provided. Power Costs are the second highest treatment cost. Power currently accounts for 21.3% ($3.682 M) of the total facilities budgets. 19 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse The NACWA Study compared the electrical costs per million gallons per day of wastewater treated. The benchmarking of power costs against the national averages is presented in Table 1-11. Table 1-11 Overall Power Benchmarking ($/MG Treated) Electrical Cost ($)/MG Data Source Treated NACWA Study $202.74 City $340.00 The City's costs appear to be 40.3% higher than the national average. This is influenced by the unit cost of electricity, the condition and number of facilities, types of aeration and pumping employed and the amount of automation at each facility. An additional metric is the energy usage per million gallons per day treated (kWh/MGD). This metric provides a more realistic comparison since the unit cost of electricity is not considered. The energy usage per million gallons treated is presented here in Table 1-12. Table 1-12 Overall Power Benchmarking (kWh/MG) Data Source Electrical Energy Usage (kWh/MG Treated) NACWA Study 1,677 Wisconsin Best Practice (1 - 5 MGD) 1,650 Wisconsin Best practice (> 5 MGD) 1,760 City (1 - 5 MGD) (Allison, Laguna Madre, New Broadway, Whitecap) 3,160 City (> 5 MGD) (Greenwood, Oso) 3,234 City (Total) 3,227 These metrics indicate that the City's current average electrical usage is approximately 192% of benchmarked data. There are numerous metrics available that compare power consumption, both overall and by process. The data varies based on the extent to which energy saving process changes have been implemented. The typical energy usage by process or activity is summarized here as Table 1-13. Table 1-13 Typical Process Energy Usage in a Wastewater Treatment Facility Typical Energy Usage Process (% of Total) Aeration 53%to 67% Pumping 14% to 21% Lighting 3% to 8% Other Loads 11elt' C R G 4%to 30% kaiak Tiscff lee ise LNV ® Stantec Aeration is the major source of power usage in the wastewater treatment plant. The efficiency of oxygen transfer to water, as well as the efficiency of pumping and controlling the air flow has significant energy impacts. The New Broadway WWTP is equipped with fine bubble diffusion, variable speed blowers, and DO monitoring and control. The Laguna Madre and Whtiecap WWTPs use fine bubble diffusers but no blower modulation or DO control. The remaining facilities have coarse bubble diffusion, no blower modulation and no DO monitoring or control. Similarly, process pumping is the second major source for power usage. The New Broadway WWTP was installed with variable speed drives on most pumping applications. All other facilities have limited variable speed applications. Variable speed drives allow for the pumping of process flows to meet the demand of the treatment system. It has been reported that a 20% reduction in speed would reduce power input by 50%. This savings would be realized where speed variation over a day would be significant enough to require avariable speed pumping application. Motor replacement costs should be reviewed in the context of life cycle costs. Energy efficient motors, although having a higher first cost, have a lower life cycle cost when considering 96% of the life cycle cost are power costs. Power costs for solids processing and disinfection are reported in the literature as 20% and 1%, respectively. The results of the operations assessment suggest the City has the potential to reduce power costs by approximately $1.7 M annually. In addition, many electric utilities provide grants to assist wastewater utilities in the study and implementation of energy reduction efforts. These grants further reduce the implementation costs. An energy survey and power usage study should be conducted to better understand where these savings can be achieved and the cost of capital improvements necessary to obtain these savings. Chemical Costs are the third highest treatment cost. These currently account for 12.9% ($2.342 M) of the total facility budgets. The NACWA Study compared the Chemical costs per million gallons per day of wastewater treated. The overall chemical cost per million gallons treated is presented here in Table 1-14. Table 1-14 Overall Chemical Cost Benchmark ($/ MG Treated) Chemical Cost ($)/MG Data Source Treated NACWA Study $99.14 City $216.00 Chemical costs are 218% higher than the national average. November 2016 Optimal Wastewater Treatment Configuration 20 Stantec LNV The City uses chemicals in the treatment process for two primary purposes, disinfection to meet the enterococcus permit limit and for sludge conditioning as part of the belt filter press and centrifuge process. There are various processes employed to meet the permitted bacteria limits. UV disinfection is employed at the Whitecap WWTP. Disinfection via chlorination/ dechlorination is employed at Allison WWTP, Oso WRP and Laguna Madre WWTP, and a combination of UV and chlorination/ dechlorination is employed at Greenwood WWTP and New Broadway WWTP. Generally, where chlorination/ dechlorination is used control systems should be inspected, repaired or replaced so that optimization efforts can be implemented to reduce chemical usage and associated costs. An evaluation has been proposed to review the disinfection, and filtration issues at each facility. 1.1.3.5 Summary of Benchmarking Results by Facility A summary of the benchmarking results by treatment facility is presented here as Table 1-15. The detailed assessments of each facility are presented in the assessment report enclosed in Appendix A. Table 1-15 Summary of Benchmarking Results by Facility Category NACWA Benchmark City Comparison Notes Allison WWTP Staffing • 1.8/MG • 2.9/MG • 1.6/MG (design flow) • Condition of facility and lack of automation controls precludes staff reductions. • Once facility brought up to standard there are opportunities to reallocate staff (potential to go to 5 -day work week and reduce staff by 2 FTEs). Power • $202.74/MG treated • 1,677 kW hr/ MG treated • $430/MG treated • 2,201 kW-hr/MG treated • With upgrade of plant systems potential savings is $107,000/year. Chemical • $99.14/MGD • $254/MGD • Chemical costs approximately 218% higher than national average. Greenwood WWTP Staffing • 1.8/MG • 1.6/MG (2015) • 1.2/MG (Design flow) • There are no automated controls and all of the facilities are operated manually • Condition of the facility precludes recommendation for staffing reductions. Power • $202.74/MG treated • 1,677 kW hr/ MG treated • $294/MG treated • 2,823 kW-hr/MG treated • With upgrade of plant systems potential savings is $259,000/year. • Further use of biogas could potentially increase the power savings. Chemical • $99.14/MGD • $87/MGD • Chemical costs are in line with expectations. Laguna Madre WWTP Staffing • 1.8/MG • 4.0/MG (2015) • 2.7/MG (Design flow) • Condition of the facility precludes recommendation for staffing reductions. • Consider going to a 5 -day work week at this facility • SCADA upgrades could allow sharing of staff between Laguna Madre and Whitecap Power • $202.74/MG treated • 1,677 kW hr/ MG treated • $192/MG treated • 2,791 kW-hr/MG treated • With upgrade of plant systems potential savings is $57,000/year. Chemical • $99.14/MGD • $151/MGD 21 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV Stantec Category NACWA Benchmark City Comparison Notes New Broadway WWTP Staffing • 1.8/MG • 2.4/MG (2015) • 1.4/MG (Design flow) • Staffing levels compare favorably with bench mark levels. Power • $202.74/MG treated • 1,677 kW hr/ MG treated • $355/MG treated • 3,224 kW-hr/MG treated • Power consumption 195% of bench mark. • With optimization of plant systems potential savings is $307,000/ year. Chemical • $99.14/MGD • $114/MGD Oso WRP Staffing • 1.8/MG • 1.2/MG (2015) • 1.0/MG (Design flow) • Staffing levels are below the national average • Consider going to an 8 hr/day 7 -day work week. This change could allow the staffto be restructured allocating FTEs toward maintenance activities. Power • $202.74/MG treated • 1,677 kW hr/ MG treated • $356/MG treated • 3,545 kW-hr/MG treated • Power consumption 201% of bench mark. • With optimization of plant systems potential savings is $850,000/ year. Chemical • $99.14/MGD • $333/MGD • Chemical costs are excessive. Alternatives to breakpoint chlorination need to be investigated. Whitecap WWTP Staffing • 1.8/MG • 7.0/MG (2015) • 3.2/MG (Design flow) • Staffing levels are above the national average • With a modern SCADA system it maybe possible to reduce staffing by 2 FTEs. Power • $202.74/MG treated • 1,677 kW hr/ MG treated • $391/MG treated • 4,423 kW-hr/MG treated • Power consumption 268% of bench mark. • With optimization of plant systems potential savings is $61,000/ year. Chemical • $99.14/MGD • $12/MGD • Chemical feed rates are below the national average. The primary conclusions that can be drawn for each of the individual facilities can be summarized as follows: Allison WWTP • 8 operating staff (operates 7 days per week 8 hours per day - maximum staffing on any given day is 5). • Belt press operation is 5 days per week • Operational control of the existing secondary treatment process is limited. • A review of the current solids retention time (SRT) control practices is recommended. • The existing sodium hypochlorite system requires replacement or additional maintenance. • Equipment issues with the thickeners and final clarifiers requires the plant staff to spend an inordinate amount of time dealing with floatables. • The polymer batching system for the belt filter press needs to be repaired or replaced. • The overall level of day to day maintenance needs to increase. Path C R G kaiak use Greenwood WWTP • 10 operating staff (operates 7 days per week 8 hours per day). • Belt press operation is 5 to 6 days per week. • Grit and screenings facility are in disrepair and are difficult to operate (rags are a problem throughout the facility). • The primary clarifiers are in need of rehabilitation to improve reliability. • The aeration basins use coarse bubble diffusers and there is no aeration control. • SRT control methods at the facility should be reviewed and improved. • The DAF unit is currently being used as a sludge holding tank. Primary sludge is pumped here and WAS is pumped directly to the anaerobic digesters (thickening of WAS would increase digester capacity). There are some efficiencies to be released by re- instating sludge thickening. November 2016 Optimal Wastewater Treatment Configuration 22 Stantec LNV Laguna Madre WWTP • 8 operating staff (operates 7 days per week 8 hours per day - maximum number of staff 5). • Belt press operation is currently on an as needed basis. • The condition of the existing aeration equipment makes it difficult for the staff to maintain operational control. Failed valves and poor handrail and walkways make it difficult to access and operate the basins. • The aeration basins use fine bubble diffusers but there is no dissolved oxygen (DO) control or blower control. There are few variable speed drives used at the facility and those that exist, are run in manual. • A review of current SRT control practices is recommended. • Overall, the amount of day to day maintenance at the facility should increase. New Broadway WWTP • Currently, the facility has 11 employees. The facility is manned 8 hours per day, 7 days per week. The maximum staffing on any day is 5. • The centrifuge is operated 5 days per week. • The operations staff took over operation of the facility without the necessary vendor training and completion of the SCADA system, including some field sensors. • Some of the instrumentation, meant to promote better operation and operational efficiency, is not in working order. This appears to be a result of outstanding deficiencies from the construction phase. • New Broadway is the only facility to accept hauled waste. During our inspection, materials were dumped that may have caused the aeration DO levels to drop near zero. Oso WRP • The facility has 16 employees. The facility is manned 24 hours per day, 7 days per week. • Skid mounted pumps have been added at various locations throughout the plant to replace failed equipment, add additional capacity, or make process modifications. The headworks are atemporary arrangement with inadequate ventilation which poses a safety hazard for plant staff. • The grit and screenings facilities are generally ineffective in removing material from the influent. • The aeration basins use coarse bubble diffusers and there is no DO control or blower control. • The breakpoint chlorination is a very inefficient method of ammonia control and should be reviewed. • Overall, the amount of day to day maintenance should increase. Whitecap WWTP • Currently, the facility has 8 employees. The facility is manned 8 hours per day, 7 days per week. The maximum staffing on any day is 5. • The aeration basins use coarse bubble diffusers and there is no DO control or blower control. There are no variable speed drives used at the facility. • The staff operates the blowers at 100%. This is being done to keep the MLSS and heavier materials, not removed in preceding processes in suspension. MLSS was also being carried above normal in the basins. This practice adds additional costs to the process. • The staff cleans the UV system every day. This practice is labor intensive. The staff has found that the practice has decreased the likelihood of enterococcus limit failure. 1.1.4 Collection System Remediation The City completed a city wide hydraulic assessment of the wastewater collection system in 2015 to assist in identifying collection system infrastructure requiring remediation. The analysis results are summarized in the report entitled: "Wastewater Collection System Modelling and Recommendations Final Report" dated April 2015. Sewer lines larger than 10 -inches in diameter and smaller critical lines were modeled using field obtained survey data. All other lines were modelled assuming TCEQ minimum sewer slopes. The hydraulic assessment was based upon the 5 -year 24-hour storm. The hydraulic modeling identified potential capacity constraints and provided an estimate of the associated capital cost to eliminate these constraints through pipe replacement. The estimated pipe replacement cost was approximately $311 M based upon 2015 dollars. The report recommended that the identified capacity constraints undergo a remedial measures analysis that considers infiltration/inflow (I&I) reduction, monitoring, rehabilitation, maintenance, and flow diversion in addition to convey and treat. The City has embarked on a remedial measures analysis and implementation program to identify potential I&I reduction, rehabilitation, and maintenance needs. City staff believes the $311 M capital expenditure identified in the hydraulic analysis report is an upper bound on the remediation cost and has prepared a revised estimate for budgeting purposes. In order to arrive at a realistic remediation budget the City used historical SSO records in conjunction with previous utility department experience. The City compared the sewer system map showing historical SSO locations against the identified potential hydraulic constraints identified in the modeling exercise. Areas where the model predicted a sewer overflow in the design storm and where previous SSOs have been observed (referred to as Type I priorities) were identified for further consideration. Areas where the modeling predicted an overflow but it was not 23 Optimal Wastewater Treatment Configuration November 2016 Haim C x halo TtscFc ise 6iG., , ._... clear if this was truly the result of a capacity constraint (referred to as Type II priorities) were also identified for further consideration. It was assumed that 95% and 75% of the Type I and Type II works would need to be completed based upon historical City experience. The resulting replacement cost for these projects is estimated at $195.5 M. In addition, the City has identified an overall budget of $148.1 M for capacity remediation that includes sewer rehabilitation (pipe lining and repair), ongoing sewer cleaning, and flow monitoring. The cash flow model for all options considered for this plan development therefore includes the following collection system expenditures: • Pipe Replacements - $195.5 M • Capacity Remediation - $148.1 M • Force mains - $14.3 M • Lift stations - $8.6 M The City has had a number of reported sanitary sewer overflows (SSOs) over the last several years and also experienced apparent effluent permit non-compliance events at a number of their treatment facilities. The City is currently negotiating a settlement under a proposed Consent Decree with the state and federal government regarding the City's wastewater collection system and its wastewater treatment plants. The enforcement negotiations began with the issuance of six federal LNV ® Stantec administrative orders (one affiliated with each of the six WWTP discharge permits) in Fall 2011. The negotiations are currently still ongoing and based on having one overall Consent Decree, with both collection system remediation and remedial works at the plants incorporated into this proposed Consent Decree. 1.2. Future Requirements The optimal long-range strategy for the wastewater collection and treatment systems must address future requirements including future growth and regulatory requirements. Anticipated development and future population and flow projections are presented in Sections 1.2.1 and 1.2.2 respectively. Anticipated future regulatory requirements are summarized in Section 1.2.3. Future treatment requirements are presented here in Section 1.2.4. 1.2.1 Future Population Growth and Development Trends The US Census 2014 population estimate for the City of Corpus Christi is 320,438. A commonly used organization for population projection is the Texas Water Development Board (TWDB). Figure 1-8 below indicates the TWDB population forecast for the City of Corpus Christi every 10 years from 2020 to 2070. As shown in the figure, the population for the City is projected to grow to approximately 400,000 persons by around 2055. Figure 1-8 Population Projections for the City of Corpus Christi (2020 to 2070) 420,000 400,000 380.000 0 0 360,004 a 0 • - 3,40,000 3`40,000 320.000 300,000 City of Corpus Christi - Population Projections 40`l, 129 —6-2016 TWDB Population Projections for Carpus Christi 2020 2[730 2040 2050 2060 2070 Path C R G kalok use November 2016 Optimal Wastewater Treatment Configuration 24 Stantec LNV In order to distribute the anticipated population increase by service area, it is necessary to establish where and when growth is anticipated to occur. The City provided mapping of the expected growth areas in the City for the next 10, 20 and 30 years. These GIS maps were then overlaid on the wastewater service areas and the growth per area established for each of these 10 -year planning horizons. Details of the methodology are included in the Flow and Load Projection memorandum enclosed in Appendix B of this report. The expected development area and relative percent growth for each of the six existing sewer service areas is presented here in Table 1-16. It should be noted that all the wastewater service areas have different growth rates. Some wastewater service areas are limited in the amount of area available to be developed where other wastewater service areas have a large amount of area that is available for development. For example, it is anticipated by the year 2036 the Broadway WWTP service area will have been fully developed and the service area will not contribute any significant growth for the remaining years. On the other hand the Oso WRP has a large service area and is expected to be continually developed farther into the future as the City continues to grow and expand into its Extraterritorial Jurisdiction (ETJ) area. Strong growth is anticipated in the Greenwood area, particularly in the middle decade under review. Slow initial growth is expected in the Allison service area, picking up considerably during the final decade of the review. The Laguna Madre and Whitecap areas are both expected to see steady modest growth throughout the 30 years. Table 1-16 Projected Growth by Existing Sewer Service Area Facility Allison 10 Years 20 Years 30 Years Growth (Acres) Percent Growth Growth (Acres) Percent Growth Growth (Acres) Percent Growth 569 7% 339 4% 2,594 31% Broadway 98 1% 279 3% - 0% Greenwood 1,456 17% 4,399 51% 1,187 14% Laguna Madre 848 10% 559 6% 1,257 15% Oso 4,843 56% 2,474 29% 2,244 26% Whitecap 777 9% 607 7% 1,205 14% Total 8,590 100% 8,656 100% 8,488 100% Using the percentage area growth by service area, a population growth estimate was developed for each service area in 5 year increments. The projected population by existing sewer service area is presented here in Table 1-17. Table 1-17 Projected Population by Sewer Service Area Year Facility Allison 2010 2015 2020 2025 2030 2035 2040 2045 29,926 30,826 31,726 32,312 32,898 35,774 38,650 40,334 Broadway 38,926 39,082 39,237 39,720 40,202 40,202 40,202 40,202 Greenwood 56,003 58,305 60,607 68,215 75,823 77,139 78,455 79,226 Laguna Madre 19,891 21,232 22,572 23,538 24,505 25,898 27,292 28,109 Oso 151,890 159,549 167,207 171,486 175,765 178,254 180,742 182,199 Whitecap 11,849 13,078 14,307 15,356 16,406 17,742 19,078 19,860 Total 308,485 322,071 335,657 350,628 365,599 375,010 384,420 389,930 25 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV ® Stantec 1.2.2 Projected Flow and Load The annual average flow projections for each facility were derived using the population projection described above and an estimate of the future per capita flow. In order to bracket the potential flow estimates, two levels of per capita flows were used. An upper bound flow estimate was developed based on the highest annual average per capita flow observed in each applicable service area. This HIGH estimate is shown in Table 1-18 and results in a total annual average wastewater capacity requirement by 2045 of approximately 40 MGD. Table 1-18 Flow Projection by Service Area (MGD) - High Estimated Flow by Year (MGD) Facility Allison Per capita flow (gpcd) 2015 2020 2025 2030 2035 2040 2045 100 3.1 3.2 3.2 3.3 3.6 3.9 4.0 Broadway 110 4.3 4.3 4.4 4.4 4.4 4.4 4.4 Greenwood 110 6.4 6.7 7.5 8.3 8.5 8.6 8.7 Laguna Madre 100 2.1 2.3 2.4 2.5 2.6 2.7 2.8 Oso 100 16.0 16.7 17.1 17.6 17.8 18.1 18.2 Whitecap 110 1.4 1.6 1.7 1.8 2.0 2.1 2.2 Total 32.3 33.3 34.7 36.3 37.9 38.9 39.8 40.4 A second, lower bound estimate was developed using the average per capita flow observed over the last three years. This LOW estimate is shown in Table 1-19 and shows a total annual average wastewater capacity requirement by 2045 of approximately 34 MGD. Table 1-19 Flow Projection by Service Area (MGD) - Low Facility Estimated Flow by Year (MGD) Per capr'd flow (gpcd) 2015 2.8 2020 2.9 2025 2.9 2030 3.0 2035 3.2 2040 3.5 2045 3.6 Allison 90 Broadway 104 4.1 4.1 4.1 4.2 4.2 4.2 4.2 Greenwood 99 5.8 6.0 6.8 7.5 7.6 7.8 7.8 Laguna Madre 78 1.7 1.8 1.8 1.9 2.0 2.1 2.2 Oso 76 12.1 12.7 13.0 13.4 13.5 13.7 13.8 Whitecap 95 1.2 1.4 1.5 1.6 1.7 1.8 1.9 Total 27.6 28.8 30.1 31.5 32.3 33.1 33.6 It should be noted that these projections assume that growth density in each of the service areas will be of a similar mix of population per acre and that the flow per capita will remain in a similar range as the recent historical averages. These simplifications are considered appropriate for the purposes of this planning study, but a more rigorous estimate of flow projections would be needed before design of any new facilities. Using the flow projections developed above, an assessment was made for each facility of the timing for necessary plant expansions. Currently the combined average annual wastewater flow to the six facilities is approximately 30 MGD and the current design capacity for the six WWTPs is 42.7 MGD. Table 1-20, shows the current (2015) flows as compared to the design capacity. Path C R kailo "` TischlerSise G November 2016 Optimal Wastewater Treatment Configuration 26 Stantec LNV Table 1-20 Current Facility Capacities Now and in 2035 Facility Allison Existing Capacity (MGD) Actual 2015 Flow % of Capacity ADF (MGD) 2 -HR Peak (MGD) ADF (MGD) % of Capacity High Low Estimate Estimate 5.0 15.0 2.7 55% 64% 72% Broadway 8.0 20.0 4.3 54% 52% 55% Greenwood 8.0 24.0 6.3 79% 95% 106% Laguna Madre 3.0 9.0 2.1 69% 67% 86% Oso 16.2 98 13.3 82% 84% 110% Whitecap 2.5 7.5 1.4 56% 67% 78% Totals 42.7 193.5 30.1 According to the Texas Administrative Code (TAC) 305.126(a) "whenever flow measurements for any sewage treatment plant facility in the state reaches 75 percent of the permitted average daily or annual average flow for three consecutive months, the permittee must initiate engineering and financial planning for expansion and/or upgrading of the wastewater treatment and/or collection facilities." Currently Greenwood WWTP and Oso WRP are beyond the 75 percent threshold and planning will have to take place to satisfy the TAC 305.126(a) ruling. The anticipated priority for facility expansion based solely on current flow projections is therefore: Oso, Greenwood, Laguna Madre, Whitecap, and Allison. On completion, we are not anticipating Broadway will require expansion within the next 20 to 30 years. 1.2.3 Future Regulatory Requirements The existing treatment facilities will be required to meet future regulatory requirements in addition to accommodating flow and load increases associated with development. We are anticipating future effluent nutrient limits i.e for total nitrogen (TN) and total phosphorus (TP), as the most pressing and likely change to existing effluent requirements. These future limits are expected to eventually impact awastewater effluent discharge into all of the existing or potential receivers including: Oso Creek, Oso Bay, Laguna Madre, Nueces River, Nueces Bay, Corpus Christi Bay, as well as the Ship Channel. Currently, the Texas Commission on Environmental Quality (TCEQ) has issued permit limits for TN or TP for a small fraction of the Texas permittees. These limits are based on the protection of narrative water quality standards, not numeric standards. Texas Surface Water Quality Standards (TSWQS) regulate nutrients as follows: "Nutrients from permitted discharges or other controllable sources must not cause excessive growth of aquatic vegetation that impairs an existing designated, presumed, or attainable use. Site-specific nutrient criteria, nutrient permit limitations, or separate rules to control nutrients in individual watersheds are established where appropriate after notice and opportunity for public participation and proper hearing. Site-specific numeric criteria related to chlorophyll a are listed in Appendix F of §307.10 of this title." The TSWQS do not currently include numeric nutrient criteria for the receiving waters of the City's WWTPs. A change in water quality standards that includes numeric nutrient standards for the City's WWTP receiving waters would increase the likelihood that nutrient permit limits are incorporated in some or all of the existing WWTPs permits and any new WWTPs being considered in the alternatives. For the existing WWTPs, nutrient limits would require significant investment to modify or add treatment units to consistently remove nutrients from the wastewater. At this time TCEQ has not proposed additional numeric nutrient standards for the 2017 standards revision. In previous standards revision cycles, the Environmental Protection Agency (EPA) and the TCEQ have focused on numeric standards for chlorophyll -a in freshwater reservoirs. Today, some of the State's reservoirs have chlorophyll -a standards, but many still do not. Since these standards were adopted, both the EPA and TCEQ have stepped back from the focus on nutrients. At this time, the TCEQ is still working on its approaches to nutrient standards for reservoirs, rivers, and bays/estuaries. We believe that it will still be some time before the TCEQ or EPAwill be able to effectively adopt nutrient standards in bays, estuaries, or tidal segments as are found in the Corpus Christi area. Whether TCEQ would issue TN limits, TP limits or limits for both TN and TP for the City's WWTPs is unknown. However, such limits are anticipated to begin to appear in permits discharging to marine waters in the next 10 to 15 years. Nitrogen is usually considered the controlling nutrient in saltwater bodies, so nitrogen would likely be the initial focus of such limits. In addition, it might be expected that a moderate range of controls would be implemented initially, such as 8 milligrams per liter (mg/L) TN and 1 mg/L TP. Over subsequent permitting cycles and water quality standards revisions, such limits might be reduced in at least some of the larger discharges or for discharges to more sensitive water bodies. For Texas, a lower limit on TN of around 3 mg/L might be expected. Limits on TP might drop to around 0.3 mg/L, where deemed necessary to protect receiving water bodies. A more extensive review of future potential regulatory requirements, biosolids management, and odor control management are enclosed here in Appendix C, D, and E. 27 Optimal Wastewater Treatment Configuration November 2016 tir Rm mc G kaifo �` Tischi era LNV ® Stantec 1.2.4 Future Treatment Requirements The most significant aspect of the treatment requirements evaluation is that all or most of the WWTPs will likely be subject to nutrient limits in the foreseeable future. We are anticipating that moderate nutrient limits would be implemented initially with limits becoming increasingly stringent with time. We would anticipate initial total nitrogen (TN) and total phosphorus (TP) limits of 8 mg/L and 1 mg/L respectively with limits eventually being lowered to limit of technology levels (TN < 3 mg/L and TP <0.3 mg/L). We are anticipating the most sensitive receivers, and the associated treatment facilities, will receive nutrient limits first including Oso Creek, Nueces Bay and estuary, and Oso Bay. This is expected to be followed by the Laguna Madre and Ship Channel over time. Biosolids management at the six (6) city wastewater facilities consists of aerobic digestion, biosolids dewatering, and trucking to landfill disposal. We are anticipating the current practice will not change under the status quo. However, consolidation at a larger plant site or sites would allow an opportunity to implement anaerobic digestion and realize the associated energy recovery and lower operating costs. The anticipated biosolids treatment train at the consolidation sites would include sludge thickening, anaerobic digestion, centrifuge dewatering, and dewatered cake storage. The overarching direction of the wastewater industry is towards increased levels of treatment and resource recovery. Newer plants are typically designed to maximize resource recovery through biogas production and installation of a combined heat and power (CHP) system. We are anticipating the pressure to maximize effluent reuse will continue and anticipate industrial reuse will eventually be implemented. Current EPA regulatory initiatives such as the implementation of effluent viral limits will require increased disinfection limits. The land area requirements for all new plant sites should therefore be sufficient to accommodate these future anticipated initiatives. The projected treatment requirements by plant site are summarized here in Tables 2-21 through 2-23. Table 1-21 Anticipated Future Nutrient Removal Requirements Plant Site Allison (existing plant) Anticipated Nutrient Requirements 0-5 year 5-10 year 10-20 year 20+ years none none TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L Allison (new consolidated plant site) TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L Broadway none none none none Greenwood TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L Oso TN<8 mg/L, TP<1 mg/L TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L Laguna Madre (existing plant) none none none none Laguna Madre (new consolidated plant site) TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L Whitecap none none none none Southwest Site TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L Southeast Site TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L North Site TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<8 mg/L, TP <1 mg/L TN<3 mg/L, TP<0.3 mg/L nate C R G kaiakTisch &use November 2016 Optimal Wastewater Treatment Configuration 28 Stantec LNV Total nitrogen and phosphorus limits of 8 mg/L and 1 mg/L respectively can be met via a number of conventional biological nutrient removal (BNR) technologies including the Modified Ludzack-Ettinger (MLE) process with chemical phosphorus removal, 3 -stage Bardenpho, 5 -Stage Bardenpho, and Modified Johannesbourg (MJB) processes to name but a few. We are assuming the City would install a 3 -stage Bardenpho or MJB process at those plants needing to meet these limits for the purposes of this report. The lower effluent limits of < 3 mg/L and <0.3 mg/L nitrogen and phosphorus respectively would require exogenous carbon addition and effluent filtration. We are assuming the required process would include post denitrification filters with methanol addition. Table 1-22 Anticipated Biosolids Management Approach Plant Site Allison (existing plant) Anticipated Biosolids Management Approach Sludge Thickening Digestion Sludge Dewatering Energy Recovery Gravity thickener Aerobic Belt Press None Allison (new consolidated plant site) Rotary Drum Thickener Anaerobic Centrifuge Yes (CHP) New Broadway Gravity Thickener Aerobic Centrifuge None Greenwood Rotary Drum Thickener Anaerobic Centrifuge Yes (CHP) Oso (upgraded and expanded) Gravity Thickener Anaerobic Belt Press Yes (CHP) Laguna Madre (existing plant) None Aerobic Belt Press No Laguna Madre (new consolidated plant site) Rotary Drum Thickener Anaerobic Centrifuge Yes (CHP) Whitecap None Aerobic Belt Press No Southwest Site Rotary Drum Thickener Anaerobic Centrifuge Yes (CHP) Southeast Site Rotary Drum Thickener Anaerobic Centrifuge Yes (CHP) North Site Rotary Drum Thickener Anaerobic Centrifuge Yes (CHP) The option for maintaining treatment at the existing sites requires flood proofing of the existing Greenwood WWTP site. A review of the associated costs suggests it is most appropriate to build a new flood proofed Greenwood WWTP on the Greenwood site adjacent the existing plant facility. As indicated above, all new plants would include anaerobic digestion facilities due to lower operating costs and associated benefit associated with energy recovery. Further, all new plant sites would include an allowance for resource recovery operations. 29 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV Stantec Table 1-23 Anticipated Resource Recovery Systems Plant Site Anticipated Resource Recovery Effluen euse Phosphorus Recovery none Energy Recovery none Potential Biosolids Amendment none Allison (existing plant) none Allison (new consolidated plant site) Yes Yes Yes Yes Broadway none none none none Greenwood Yes Yes Yes Yes Oso Yes (1) none none none Laguna Madre (existing plant) none none none none Laguna Madre (new consolidated plant site) Yes Yes Yes Yes Whitecap none none none none Southwest Site Yes Yes Yes Yes Southeast Site Yes (1) Yes Yes Yes North Site Yes Yes Yes Yes (1) - It is assumed effluent reuse will be limited from these sites and confined to non -industrial uses due to the significant distance from the respective site to existing heavy industry. 1.3. Stakeholders and Stakeholder Input The consultant team and City staff conducted three open house events and several individual stakeholder meetings during the course of this study. The open houses were conducted in "drop-in" format in order to accommodate availability of the public. The three open houses were operated for approximately 5 to 6 hours from early afternoon to early evening. The purpose and objectives of these meetings are summarized here in Table 1-24. Informational materials were presented on display boards at each open house. Comment sheets were provided at each meeting and the project team also set up a project specific web site www.ccwastewaterstudy.com that displayed project information. Stakeholders provided comments on the project at the meetings by submitting written comments directly to project staff and/or through the project web site at their leisure. The project team prepared an initial stakeholders list at the start of the project which was updated throughout the project duration. The project team sent out targeted invites to project stakeholders in advance of each open house. Along with the targeted invites, the project team used several platforms to promote the public open house: • Existing City social media sites • E -newsletter - Utilized existing Plan CC 2035 address list (similar target audience) • City public access Channel 19 • Digital advertising through Caller Times and Facebook • City staff employee newsletter and notice to all department heads • Promotional assistance by local community/civic organizations to increase reach to the public • Flyers at City facilities such as libraries, senior centers and recreational centers Path C R G kaiakTisch &use November 2016 Optimal Wastewater Treatment Configuration 30 Stantec LNV The media strategy for each event included the following elements: • Media pitch in advance of each open house: Caller Times, KRIS -TV, KIII-TV, KZTV, KORO -TV Nueces County Record Star and the Corpus Christi Business News. • Media advisory sent in advance of each open house: Announcing meeting prior to meeting date as invite to briefing. • Media briefings were held one hour prior to each open house to allow media dedicated time with City staff and materials and interviews. Table 1-24 Stakeholder Engagement Meetings Meeting Number Meeting Description Date Meeting Objective 1 Open House 1 March 24, 2016 • Make the stakeholders aware of the study and the study objectives. • Assist in identifying stakeholder groups and their respective comments and concerns. • Collect stakeholder input on the study objectives and approach. 2 Meeting with Chamber of Commerce April 8, 2016 • Inform Chamber of Commerce members on purpose of study, proposed approach and schedule and update them on progress to date. 3 Open House 2 May 26, 2016 • Update stakeholders on progress made on the study. • Present options under consideration and receive stakeholder input on both the options and proposed assessment methodology. 4 Port Industries Meetin g June 23, 2016 • Update local industry on the project progress. • Discuss requirements for and industry interest in reuse water for industrial purposes. 5 Coastal Bend Bay & Estuaries Program June 29, 2016 • Update program staff on project progress. • Review program staff's specific concerns associated with maintaining return flows to the Nueces Bay and delta and the potential impact industrial reuse may have on these flows. 6 Greenwood Community Meeting July 7, 2016 • Update neighbors of the Greenwood WWTP site on the project progress. • Review alternative plans for the Greenwood site and receive comments on the project from local residents. 7 Flour Bluff Community Meeting July 14, 2016 • Update neighbors of the Laguna Madre WWTP site on the project progress. • Review alternative plans for the Laguna Madre site and receive comments on the project from local residents. 8 Oso Community Meeting July 20, 2016 • Update neighbors of the Oso WRP site on the project progress. • Review alternative plans for the Oso WRP site and receive comments on the project from local residents. 9 Open House 3 July 28, 2016 • Update stakeholders on options under consideration. • Present pre-screening and evaluation methodology for short listed options. • Present preliminary recommendation and associated rationale. • Provide an opportunity for stakeholders to comment on the recommended alternative and the project in general. 10 WE AT/ TAWWA Joint Meeting August 4, 2016 • Present study purpose and objectives to local engineering community. • Present preliminary recommendation and associated rationale. Copies of the handouts, questionnaires, and comments received from each of the open house and neighborhood meetings are provided on the project web site: www.ccwastewaterstudy.com. 31 Optimal Wastewater Treatment Configuration November 2016 C R kali©'` Tischl reBEse• The key concerns expressed by the public during the open houses and stakeholder engagement meetings included: • Minimizing user rates. • Addressing the flooding issues at the Greenwood WWTP and in the community adjacent the plant. • Maintaining environmental base flows in specific receiving streams particularly the Nueces River and Bay and the Blind Oso. • Addressing odor and nuisance issues associated with the Oso WRP. • Providing a plan that addresses future growth south of Oso Creek. Key stakeholder concerns and how these were accounted for in the servicing options development and selection are summarized in Section 1.4.4. The plan for stakeholder management for future phases of the project is addressed here in Section 2.5. 1.4. Summary of Existing Constraints A number of constraints need to be considered when developing future potential servicing options and prior to selection of a preferred wastewater servicing plan. The LNV ® Stantec consulting team conducted several background studies to identify constraints. These, along with stakeholder comments, served as critical input to developing the recommended servicing plan. 1.4.1 Pending Consent Decree The City of Corpus Christi is currently in negotiations with the U.S. Department of Justice (DOJ) and the Environmental Protection Agency (EPA) regarding the city's wastewater system. The DOJ and EPA are alleging Corpus Christi violated the Clean Water Act (CWA) with sewer overflows, and a settlement is being negotiated for wastewater improvements. 1.4.2 Existing Treatment Plant Site Capacities The project team considered a number of potential wastewater servicing options for the City. One of the objectives of the study was to identify and confirm the potential to service some or all of the existing wastewater treatment facilities at one or more sites. Consolidating treatment operations at fewer wastewater facilities is expected to reduce annual O&M costs. One of the first steps in this analysis involved looking at each of the existing sites to confirm current site constraints and available site capacity. The results of these analyses are presented here in Table 1-25. Table 1-25 Site Capacity of Existing Wastewater Treatment Plants Plant Current Plant Capacity (MGD) Estimated Capacity Requirement (MGD) - 2045 Estimated Site Capacity (MGD) Summary of Site Constraints Oso WRP 16.2 18.2 24 • None noted Greenwood WWTP 8 8.7 24 • Existing plant located in the flood plain. • Sustaining capital spend over next 15 + years is approximately equal the cost of plant replacement. Allison 5 4 73 • The City owns a considerable amount of land adjacent the site. New Broadway 8 4.4 8 • None noted. Laguna Madre 3 2.8 30 • The city owns a considerable amount of land adjacent the site. • Aportion of the site is susceptible to flooding. The estimated site capacity accounts for the impact of the flood plain on site capacity. Whitecap 2.5 2.2 5 • None noted. Rrh C R G kaiakTisch &use November 2016 Optimal Wastewater Treatment Configuration 32 Stantec `NV 1.4.3 Summary of Existing System Constraints Several critical constraints need to be considered when developing the final wastewater servicing plan. The City has identified their key priorities as follows: • Meet regulatory compliance at all times. • Minimize user rates as much as practically possible. • Minimize capital and operating and maintenance (O&M) costs. • Provide drought resistant water to industry • Meet needs for planned development The key constraints to meeting these objectives and the way in which they were addressed in this study are summarized in Table 1-26. Table 1-26 Summary of Key Constraints and Approach to Addressing These Stakeholder Group Issue/Constraint Approach to Addressing Issue/Constraint City/Public Continued flooding at Greenwood WWTP • Build a new 'flood proof' treatment facility on the Greenwood site or transfer Greenwood flows to a new plant. • Transfer some flows from the periphery of the Greenwood to the Broadway service area to reduce flows going to the Greenwood WWTP. • Conduct remedial works in La Volla Creek to reduce flooding potential in the Creek. • Reduce Inflow/Infiltration (I/I) to reduce peak flow into the collection system City/Public High sustaining capital spend required for existing plants. • Prioritize capital projects at each plant and identify appropriate timing to spread out required cash flow. • Consolidate plants with high sustaining capital spend as quickly as possible. City/Public Minimize impact upon user rates • Assume New Broadway WWTP will be in service beyond the 2045 time horizon and transfer additional flow to plant to maximize value from facility. • Assume Whitecap WWTP will stay in service for foreseeable future due to long simple payback period. • Identify operational savings associated with the operation of the existing wastewater treatment facilities reducing costs even under the status quo. • Evaluate several consolidation options and identify options that provide optimal balance between lower O&M cost savings and most attractive capital cost spend. City Uncertainty around future of Oso WRP effluent discharge. • Identify and evaluate options that provide flexibility to consolidate Oso WRP now or at a later time. City Significant potential development south of Oso Creek. • Plan all options so that developments south of Oso Creek can be accommodated in future as/if required. City Collection system rehabilitation and upgrades required to support Consent Decree. • All options considered include upgrades and rehabilitation of collection system. City/Public Odor and other nuisance issues associated with Oso WRP. • All future servicing options considered include upgrading Oso WRP to address nuisance concerns and/or decommissioning of the facility. 33 Optimal Wastewater Treatment Configuration November 2016 Rein C R G kala* Tisch rise Stakeholder Group City Public Public Issue/Constraint Supply drought proof water supply for industry. Public does not want to pay for industrial reuse water out of residential sewer use rates. Members of the public concerned about the potential loss of aquatic habitat should the Oso WRP be taking out of service. LNV ( Stantec Approach to Addressing Issue/Constraint • Future servicing options considered included preliminary plans for providing reuse water to industry. • The capital and O&M costs of industrial reuse were not included in the CIP associated with wastewater user rates. • All industrial reuse capital and O&M costs will be paid solely by the benefitting industries. • City is considering construction of a small scalping plant at the Oso site to provide minimal flow to the blind Oso should the plant be taken out of service. The City would like to provide a drought proof water supply for industry using treated wastewater effluent. The Port Industries group made it clear that they are interested in receiving treated effluent if it meets their process requirements and is provided at a cost equal to or less than potable water. Members of the public voiced concerns that user rates would be used to subsidize industrial reuse water. City staff instructed the consulting team to estimate the capital and O&M cost of additional treatment to support industrial reuse for each of the servicing options under consideration. The city will develop a unit cost of reuse water that includes capital recovery and present the cost to industry. Reuse facilities will be constructed once the appropriate long term contracts have been executed with industry. The consulting team assumed the City would provide a minimum of 10 MGD of industrial reuse water within the next 10 -years using reverse osmosis treatment to reduce chloride levels. 1.5. Identification of the Preferred Wastewater Servicing Option 1.5.1 Introduction The plant upgrading and consolidation options considered for this study are presented here in Sections 1.5.2 and 1.5.3. Capital and O&M cost assumptions, estimates, and sensitivity analyses are covered in Section 1.5.4. Prescreening criteria and the results of the options pre- screening are presented in Section 1.5.5. The recommended servicing option and alternatives for improving upon this option are presented here in Section 1.5.6. "lath C R kailo "` TischlerBise G 1.5.2 Future Plant Siting Options To evaluate the potential benefit for future wastewater servicing options, a City wide review was undertaken of the current and potential new sites for locating wastewater treatment facilities. In selecting suitable treatment sites the following issues were taken into consideration: • Existing locations have advantages of existing capital investments; the precedent created by existing neighbors; and established connection to the existing wastewater collection network. • New locations must have adequate open contiguous land areas that provide at least 50 to 80 acres of available land. • Neighboring land uses can have a significant impact on the value of vacant land as well as the level of mitigation and buffers needed to avoid nuisance impacts on the public. • Ideally, new sites would be located closer to projected growth areas to match future wastewater flows. November 2016 Optimal Wastewater Treatment Configuration 34 Stantec LNV • New sites must either be near a potential discharge location or must have opportunity to connect to a suitable discharge point. The level of treatment required at a new plant will be materially impacted by the assimilative capacity of the receiving stream at the discharge location. • Sites need to be free from significant servicing or environmental constraints such as flooding potential, wetlands, railway/ highway corridors, and utility easements for gas pipelines or high voltage electrical lines. An initial desk top survey was undertaken of the larger tracks of land surrounding the existing wastewater service areas. This looked at opportunities for new sites generally located to the north, west and south of the City's built up core. It should be noted that review of potential sites was based on identifying land areas that were under developed or vacant using current aerial mapping. No land ownership records were sourced, nor were any specific parcels identified at this stage of the plan development. Identification of specific land parcel(s) leading to future options or land procurement is not included in this scope and would be completed by the City once a preferred wastewater management plan is established. Following the desktop screening, a physical street by street survey was undertaken to confirm likely candidate sites. From this field survey, the following three potential new plant sites were identified: North Site A new potential treatment plant site has been identified in the northwest quadrant of the City between the CC International Airport and the I-37 highway. This is a suitable area for a number of reasons: • This site can readily be reached by future transfer of flows from Allison, Greenwood and Broadway service areas. • A discharge to the Ship Channel is the most practical outlet for the wastewater effluent; however, an effluent discharge to Oso Creek and Nueces River and delta would also be feasible from this site. Treated reuse water could be provided from this location to neighboring industries. • There are large open areas available generally between Agnes St (Rte 44) and Leopard St. For costing of conveyance options, a future plant site has been assumed to be located along Sedwick Rd. • The existing land use in this area is mostly agricultural or industrial which is generally compatible with wastewater operations. Southwest Site A new potential treatment plant site has been identified in the southwest quadrant of the City south of Oso Creek in the vicinity of the Crosstown Expressway (Hwy 286) which is currently being extended southward by TxDOT. This is a suitable area for a number of reasons: • This site can readily be accessed by future transfer of flows from Greenwood service area and the significant future development expected south of Oso Creek. • A discharge to Oso Creek is the most practical outlet for the wastewater effluent. • The existing land use in this area is mixed, with some institutional uses, some residential and the remainder currently agricultural. • There are large open areas available and, for costing of conveyance options, a future plant site has been assumed to be located along Hwy 286 midway between Weber Rd and South Staples Rd. Southeast Site A new potential treatment plant site has been identified in the southeast quadrant of the City in the vicinity of Yorktown Blvd. to the north of Oso Creek. This is a suitable area for a number of reasons: • This site can readily be accessed by future transfer of flows from the Greenwood, Oso and Laguna Madre service areas as well as the significant future development expected south of Oso Creek. • A discharge to Oso Creek at the head of Oso Bay is the most practical outlet for the wastewater effluent. • There is currently vacant land available, including a City owned parcel at Starry Lane south of Yorktown Blvd. For costing of conveyance options, a future plant site has been assumed to be located along Starry Lane. These three sites, together with various combinations of the existing treatment plant sites were considered in developing the potential future wastewater servicing options discussed in the next section. 1.5.3 General Wastewater Servicing Options Using the existing constraints as a guide, 10 wastewater servicing options were developed to address the following City priorities: 1. Meeting regulatory compliance 2. Minimize wastewater user rates 3. Reduce longterm Operating and Maintenance (O&M) and capital costs 4. Provide for future drought resistant water to industry 5. Meet future needs for planned development 35 Optimal Wastewater Treatment Configuration November 2016 nein G kaiak Trsciilerjse LNV ® Stantec The servicing options were primarily aimed at establishing the best location, or combination of locations, for the future wastewater treatment plants. Collection system impacts within each of the service areas were not a primary determining factor since these would be required regardless of the consolidation options being considered. The Broadway WWTP and Whitecap WWTP were considered to stay in operation for the foreseeable future for all of the options considered. However, servicing options that facilitate future consolidation of both Broadway and Whitecap were viewed more favorably in the options evaluation. The city has recently completed construction of the Broadway WWTP. This new facility, once optimized, should provide cost effective treatment over the next 20 plus years. At this point we are assuming the City will continue to operate the Broadway facility for at least the next 20 years while they focus on other more pressing issues associated with the existing wastewater treatment plants. The costs to consolidate the Whitecap WWTP is estimated at approximately $30 M. This cost includes a pumping station and pipeline to the Laguna Madre WWTP where it is assumed there would be a new plant to accept the flow or a pumping station to pump the Whitecap flow on to an upgraded and expanded Oso WRP. The estimated capital cost to pump the Whitecap flows to a new Southeast facility are also in the vicinity of $30 M. The maximum potential O&M saving associated with consolidating Whitecap flow at a larger regional facility would be approximately $500,000 per year. The minimum estimated simple payback period to recoup the consolidation costs would therefore be greater than 50 years. The city should reassess the feasibility of consolidation should conditions change. Category 1- Maintain all Existing sites 2 - Consolidate at Existing Plant sites 3 - Consolidate at New Plant site Table 1-27 Wastewater Servicing Options Description • Keep six sites. Replace Greenwood on same site. Continue with current operations and planned maintenance. • Keep Broadway & Whitecap. • Consolidate remainder at two of the existing plant sites. • Keep Broadway & Whitecap. • Consolidate remainder at one new plant site. Options • 1- Maintain Existing Sites • 2A - Allison + Laguna Madre • 2B - Allison + Oso • 3A - North site • 3B - Southwest site • 3C - Southeast site 4- Combination of New and Existing • Keep Broadway & Whitecap. • Consolidate remainder at two sites with at least one new site plus an existing site. • 4A - North + Laguna Madre • 4B - Southwest + Laguna Madre • 4C - North + Southeast • 4D - North + Oso For each of the wastewater servicing options, required project elements were identified to enable meeting the primary servicing goals. The diagram of the major elements for each identified option plus the necessary capital project elements are summarized as follows. Path C R kailo "` TischlerBise G November 2016 Optimal Wastewater Treatment Configuration 36 Stantec LNV 1.5.3.1 Option 1 - Maintain All Existing Sites Option 1 involves expansion and repair of the six (6) existing wastewater treatment facilities. The system configuration under Option 1 is presented here as Figure 1-9. Figure 1-9 Option 1 System Configuration Laguna Madre Legend iiExpand Treatment Plant Repair Treatment Plant —> Reuse Pipeline 2.5 5 14 37 Optimal Wastewater Treatment Configuration November 2016 C R kali©'` Tischl reBEse• LNV ® Stantec The wastewater generation potential for planned developments south of Oso Creek is expected to be approximately 20 MGD. Therefore, we would anticipate that under Option 1 a seventh wastewater treatment plant may need to be constructed in future. Two options were evaluated for the Greenwood WWTP including upgrading, flood proofing, and expanding the existing plant. The recommended option is construction of a new 10 MGD `flood proof' WWTP on the existing plant site. The key infrastructure requirements under option 1 over the next 30 -years are presented here as Table 1-28. Option 1 (maintain all existing sites) was the benchmark against which all other options have been evaluated. Table 1-28 Summary of Infrastructure Requirements for Option 1 Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 20 years • Upgrade to BNR in 10 years • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Build new 10 MGD `flood proof' facility • Provide effluent reuse facilities for industry in next 10 years. Broadway • Repair over next 20 years Oso • Repair plant over next 20 years • Upgrade plant to BNR in next 5 years • Expand plant to 20 MGD in next 8 to 10 years. Laguna Madre • Repair over next 20 years Whitecap • Repair over next 20 years The new 10 MGD Greenwood WWTP would include the unit processes summarized in Table 1-29. Table 1-29 Proposed Unit Operations for New 10 MGD Greenwood WWTP Unit Process Preliminary Assumption Preliminary Treatment • 2 mechanically cleaned screens with grinders/washers/compactors • 2 mechanical vortex grit removal systems Primary Clarifiers • 3 primary clarifiers Secondary Treatment • 3 BNRbioreactors (4 stage Bardenpho) • 3 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 3 Rotary Drum thickeners Digestion • 2 Anaerobic Digesters Sludge Dewatering • 3 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 1.5.3.2 Option 2A - Consolidation at Allison and Laguna Madre Option 2A involves the consolidation of existing plant flows at the Allison and Laguna Madre WWTP sites. Oso and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 2A is presented here as Figure 1-10. Path C R kali() " TischlerSise G November 2016 Optimal Wastewater Treatment Configuration 38 Stantec LNV Figure 1-10 Option 2A System Configuration i N Legend Sit Close Treatment Plant * Repair Treatment Plant 10 Expand Treatment Plant 4. Wastewater Pipeline Reuse Pipeline Laguna Madre The key infrastructure requirements under Option 2A over the next 30 -years are presented here as Table 1-30. Table 1-30 Summary of Infrastructure Requirements under Option 2A Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Construct a new 12 MGD facility at the Allison site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to Allison. Broadway • Repair over next 20 years Oso • Repair plant over next 10 years • Demolish the plant and decommission the existing site after the 10 year time period. • Build a new pumping station at the Oso plant to transfer wastewater from Oso to the new Laguna Madre facility. Laguna Madre • Repair the existing plant over the next 10 years • Build a new 20 MGD plant at the Laguna Madre site to take flows from Laguna Madre and Oso. Whitecap • Repair over next 20 years 39 Optimal Wastewater Treatment Configuration November 2016 Barri C R kali©'` Tischl reBEse• LNV Stantec The new 12 MGD Allison WWTP would include the unit processes summarized in Table 1-31. Table 1-31 Proposed Unit Operations for New 12 MGD Allison WWTP Unit Process Preliminary Assumption Preliminary Treatment • 2 mechanically cleaned screens with grinders/washers/compactors • 2 mechanical vortex grit removal systems Primary Clarifiers • 3 primary clarifiers Secondary Treatment • 3 BNRbioreactors (4 stage Bardenpho) • 3 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 3 Rotary Drum thickeners Digestion • 2 Anaerobic Digesters Sludge Dewatering • 3 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation The new 20 MGD Laguna Madre WWTP would include the unit processes summarized in Table 1-32. Table 1-32 Proposed Unit Operations for new 20 MGD Laguna Madre WWTP Unit Process Preliminary Assumption Preliminary Treatment • 4 mechanically cleaned screens with grinders/washers/compactors • 4 mechanical vortex grit removal systems Primary Clarifiers • 4 primary clarifiers Secondary Treatment • 4 BNRbioreactors (4 stage Bardenpho) • 4 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 4 Rotary Drum thickeners Digestion • 4 Anaerobic Digesters Sludge Dewatering • 4 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation Path C R G kaiok use November 2016 Optimal Wastewater Treatment Configuration 40 Stantec LNV 1.5.3.3 Option 2B - Consolidation at Allison and Oso Option 2B involves the consolidation of existing plant flows at the Allison and Oso sites. Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 2B over the next 30 years is presented here as Figure 1-11. Figure 1-11 Option 2B System Configuration IT Legend Close Treatment Plant Repair Treatment Plant Expand Treatment Plant Wastewater Pipeline Reuse Pipeline 2.6 The key infrastructure requirements under the Option 2B are presented here as Table 1-33. Table 1-33 Summary of Infrastructure Requirements under Option 2B Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Construct a new 12 MGD facility at the Allison site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to Allison. Broadway • Repair over next 20 years Oso • Repair plant over next 20 years • Expand plant capacity to 20 MGD and upgrade to BNR. Laguna Madre • Repair the existing plant over the next 10 years • Build a new pumping station at the Laguna Madre site and transfer wastewater from Laguna Madre to the Oso site. Whitecap • Repair over next 20 years 41 Optimal Wastewater Treatment Configuration November 2016 C x kali©' Tischl reuse" LNV ® Stantec 1.5.3.4 Option 3A - Consolidate at a new North Plant Site Option 3A involves the consolidation of existing plant flows at a new North treatment plant site. Allison, Oso, Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 3A is presented here as Figure 1-12. f3 Figure 1-12 Option 3A System Configuration Minton roadway Corpus furan Bey Oso Legend New Treatment Plant Close Treatment Plant Repair Treatment Plant Wastewater Pipeline -• Reuse Pipeline Laguna Madre 0 2.6 S 4a 60u <7„/ /7:///4 The key infrastructure requirements under the Option 3A over the next 30 years are presented here as Table 1-34. nate C x kail©'' Tischl re Bose November 2016 Optimal Wastewater Treatment Configuration 42 Stantec LNV Table 1-34 Summary of Infrastructure Requirements under Option 3A Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 15 years • Decommission the plant after 15 -years and build new pumping station to direct flows to the new North treatment plant. Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new North treatment plant site. Broadway • Repair over next 20 years North Treatment Plant • Build new 32 MGD North WWTP in the 0 to 5 year time period. Oso • Repair plant over next 10 years • Demolish the plant and decommission the existing site after the 0 to 10 year time period. • Build a new pumping station at the Oso plant to transfer wastewater from Oso to the new North treatment plant. Laguna Madre • Repair over next 20 years • Demolish the plant and decommission the existing site after the 0 to 20 year time period. • Build a new pumping station at the Laguna Madre plant to transfer wastewater from Laguna Madre to the new North treatment plant. Whitecap • Repair over next 20 years The new 32 MGD North Site WWTP would include the unit processes summarized in Table 1-35. Table 1-35 Proposed Unit Operations for New 32 MGD North Site WWTP Unit Process Preliminary Assumption Preliminary Treatment • 6 mechanically cleaned screens with grinders/washers/compactors • 6 mechanical vortex grit removal systems Primary Clarifiers • 6 primary clarifiers Secondary Treatment • 6 BNR bioreactors (4 stage Bardenpho) • 6 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 6 Rotary Drum thickeners Digestion • 6 Anaerobic Digesters Sludge Dewatering • 6 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 43 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV ® Stantec 1.5.3.5 Option 3B - Consolidate at a new Southwest Plant Site Option 3B involves the consolidation of existing plant flows at a single Southwest WWTP site. Allison, Oso, Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 3B is presented here as Figure 1-13. Figure 1-13 Option 3B System Configuration Legend New Treatment Plant Close Treatment Plant Repair Treatment Plant —> Wastewater Pipeline Reuse Pipeline z.s Laguna Madre 1ft 14114 The key infrastructure requirements under the Option 3B over the next 30 years are presented here as Table 1-36. Path C R G kaiok Tisch &use November 2016 Optimal Wastewater Treatment Configuration 44 Stantec LNV Table 1-36 Summary of Key Infrastructure Requirements under Option 3B Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 15 years • Decommission the plant after 15 -years and build new pumping station to direct flows to the new Southwest treatment plant. Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new Southwest treatment plant site. Broadway • Repair over next 20 years New Southwest Treatment Plant • Build new 35 MGD Southwest Treatment plant in the 0 to 5 year period. Oso • Repair plant over next 10 years • Demolish the plant and decommission the existing site after the 0 to 10 year time period. • Build a new pumping station at the Oso plant to transfer wastewater from Oso to the new Southwest treatment plant. Laguna Madre • Repair over next 20 years • Demolish the plant and decommission the existing site after the 20 year time period. • Build a new pumping station at the Laguna Madre plant to transfer wastewater from Laguna Madre to the new Southwest treatment plant. Whitecap • Repair over next 20 years The new 35 MGD Southwest WWTP would include the unit processes summarized in Table 1-37. Table 1-37 Proposed Unit Operations for New 35 MGD Southwest WWTP Unit Process Preliminary Assumption Preliminary Treatment • 6 mechanically cleaned screens with grinders/washers/compactors • 6 mechanical vortex grit removal systems Primary Clarifiers • 6 primary clarifiers Secondary Treatment • 6 BNR bioreactors (4 stage Bardenpho) • 6 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 6 Rotary Drum thickeners Digestion • 6 Anaerobic Digesters Sludge Dewatering • 6 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 45 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV ® Stantec 1.5.3.6 Option 3C - Consolidate at a new Southeast Plant Site Option 3C involves the consolidation of existing plant flows at a single Southeast WWTP site. Allison, Oso, Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 3C is presented here as Figure 1-14. Figure 1-14 Option 3C System Configuration Legend ) New Treatment Plant atClose Treatment Plant Repair Treatment Plant Wastewater Pipeline 2.s s ,n : Mies Laguna Madre The key infrastructure requirements under the Option 3C over the next 30 years are presented here as Table 1-38. nate C x kail©' Tischl re Bose November 2016 Optimal Wastewater Treatment Configuration 46 Stantec LNV Table 1-38 Summary of Key Infrastructure Requirements under Option 3C Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 15 years • Close after 15 -years and build new pumping station to direct flows to the new Southeast treatment plant. Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new Southeast treatment plant site. Broadway • Repair over next 20 years New Southeast Treatment Plant • Build new 32 MGD Southeast Treatment plant in the 0 to 5 year period. Oso • Repair plant over next 10 years • Demolish the plant and decommission the existing site after the 10 year time period. • Build a new pumping station at the Oso plant to transfer wastewater from Oso to the new Southeast treatment plant. Laguna Madre • Repair over next 20 years • Demolish the plant and decommission the existing site after the 0 to 20 year time period. • Build a new pumping station at the Laguna Madre plant to transfer wastewater from Laguna Madre to the new Southeast treatment plant. Whitecap • Repair over next 20 years The new 32 MGD Southeast WWTP would include the unit processes summarized in Table 1-39. Table 1-39 Proposed Unit Operations for new 32 MGD Southeast Treatment Plant Unit Process Preliminary Assumption Preliminary Treatment • 6 mechanically cleaned screens with grinders/washers/compactors • 6 mechanical vortex grit removal systems Primary Clarifiers • 6 primary clarifiers Secondary Treatment • 6 BNR bioreactors (4 stage Bardenpho) • 6 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 6 Rotary Drum thickeners Digestion • 6 Anaerobic Digesters Sludge Dewatering • 6 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 1.5.3.7 Option 4A - Consolidate at a new North Plant Site and Laguna Madre Option 4A involves the consolidation of existing plant flows at two treatment plant sites: a new north plant site and a new plant adjacent the Laguna Madre site. Allison, Oso, Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 4A is presented here as Figure 1-15. 47 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV Stantec Figure 1-15 Option 4A System Configuration N Legend f New Treatment Plant Close Treatment Plant Repair Treatment Plant Esn Expand Treatment Plant Wastewater Pipeline Reuse Pipeline zs S tib Riles The key infrastructure requirements under the Option 4A over the next 30 years are presented here as Table 1-40. Table 1-40 Summary of Key Infrastructure Requirements under Option 4A Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 15 years • Decommission the plant after 15 -years and build new pumping station to direct flows to the new North treatment plant. North Treatment Plant • Construct a new 12 MGD facility at the North treatment plant site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new North treatment plant site. Broadway • Repair over next 20 years Oso • Repair plant over next 5 years • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Oso plant to transfer wastewater from Oso to the new Laguna Madre facility. Laguna Madre • Repair the existing plant over the next 5 years • Build a new 20 MGD plant at the Laguna Madre site to take flows from Laguna Madre and Oso. Whitecap • Repair over next 20 years nate C x kail©'' Tischl re Bose November 2016 Optimal Wastewater Treatment Configuration 48 Stantec LNV The new 12 MGD North WWTP would include the unit processes summarized in Table 1-41. Table 1-41 Proposed Unit Operations for new North WWTP under Option 4A Unit Process Preliminary Assumption Preliminary Treatment • 2 mechanically cleaned screens with grinders/washers/compactors • 2 mechanical vortex grit removal systems Primary Clarifiers • 3 primary clarifiers Secondary Treatment • 3 BNRbioreactors (4 stage Bardenpho) • 3 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 3 Rotary Drum thickeners Digestion • 2 Anaerobic Digesters Sludge Dewatering • 3 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation The new 20 MGD Laguna Madre WWTP would include the unit processes summarized in Table 1-42. Table 1-42 Proposed Unit Operations for New Laguna Madre WWTP under Option 4A Unit Process Preliminary Assumption Preliminary Treatment • 4 mechanically cleaned screens with grinders/washers/compactors • 4 mechanical vortex grit removal systems Primary Clarifiers • 4 primary clarifiers Secondary Treatment • 4 BNRbioreactors (4 stage Bardenpho) • 4 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 4 Rotary Drum thickeners Digestion • 4 Anaerobic Digesters Sludge Dewatering • 4 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 1.5.3.8 Option 4B - Consolidate at a new Southwest Site and Laguna Madre Option 4B involves the consolidation of existing plant flows at two treatment plant sites: a new southwest plant site and a new plant adjacent the Laguna Madre site. Allison, Oso, Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 4B is presented here as Figure 1-16. 49 Optimal Wastewater Treatment Configuration November 2016 Rp Fri CR kailo'` TischlerBlse LNV Stantec Figure 1-16 Option 4B System Configuration N Legend f New Treatment Plant Close Treatment Plant Repair Treatment Plant Esn Expand Treatment Plant Wastewater Pipeline Reuse Pipeline zs S tib Riles The key infrastructure requirements under the Option 4B over the next 30 years are presented here as Table 1-43. Table 1-43 Summary of Key Infrastructure Requirements under Option 4B Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 15 years • Decommission plant after 15 -years and build new pumping station to direct flows to the new Southwest treatment plant. Southwest Treatment Plant • Construct a new 12 MGD facility at the Southwest treatment plant site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new Southwest treatment plant site. Broadway • Repair over next 20 years Oso • Repair plant over next 5 years • Demolish the plant and decommission the existing site after the 0 to 5 year time period. • Build a new pumping station at the Oso plant to transfer wastewater from Oso to the new Laguna Madre facility. Laguna Madre • Repair the existing plant over the next 5 years • Build a new 20 MGD plant at the Laguna Madre site to take flows from Laguna Madre and Oso. Whitecap • Repair over next 20 years nate C R r c kail©'' Tischl re Bose November 2016 Optimal Wastewater Treatment Configuration 50 Stantec LNV The new 12 MGD Southwest WWTP would include the unit processes summarized in Table 1-44. Table 1-44 Proposed Unit Operations for Proposed Southwest Treatment Plant under Option 4B Unit Process Preliminary Assumption Preliminary Treatment • 2 mechanically cleaned screens with grinders/washers/compactors • 2 mechanical vortex grit removal systems Primary Clarifiers • 3 primary clarifiers Secondary Treatment • 3 BNRbioreactors (4 stage Bardenpho) • 3 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 3 Rotary Drum thickeners Digestion • 2 Anaerobic Digesters Sludge Dewatering • 3 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation The new 20 MGD Laguna Madre WWTP would include the unit processes summarized in Table 1-45. Table 1-45 Proposed Unit Operations for Laguna Madre WWTP under Option 4B Unit Process Preliminary Assumption Preliminary Treatment • 4 mechanically cleaned screens with grinders/washers/compactors • 4 mechanical vortex grit removal systems Primary Clarifiers • 4 primary clarifiers Secondary Treatment • 4 BNRbioreactors (4 stage Bardenpho) • 4 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 4 Rotary Drum thickeners Digestion • 4 Anaerobic Digesters Sludge Dewatering • 4 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 1.5.3.9 Option 4C - Consolidate at a new North Plant Site and a New Southeast Plant Site Option 4C involves the consolidation of existing plant flows at two treatment plant sites: a new southeast plant site and a new north plant site. Allison, Oso, Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 4C is presented here as Figure 1-17. 51 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV Stantec Figure 1-17 Option 4C System Configuration N Legend New Treatment Plant Close Treatment Plant Repair Treatment Plant ► Wastewater Pipeline Reuse Pipeline z.s The key infrastructure requirements under the Option 4C over the next 30 years are presented here as Table 1-46. Table 1-46 Summary of Key Infrastructure Requirements under Option 4C Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 15 years • Decommission the plant after 15 -years and build new pumping station to direct flows to the new North treatment plant. North Treatment Plant • Construct a new 12 MGD facility at the North treatment plant site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 0 to 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new North treatment plant site. Broadway • Repair over next 20 years Oso • Repair plant over next 5 years • Demolish the plant and decommission the existing site after the 0 to 5 year time period. • Build a new pumping station at the Oso plant to transfer wastewater from Oso to the new Southeast treatment plant facility. New Southeast Plant • Build a new 20 MGD plant at the Southeast site to take flows from Oso and ultimately Laguna Madre. nate C x hail©'' Tischl re Bose November 2016 Optimal Wastewater Treatment Configuration 52 Stantec LNV Plant Infrastructure Requirements Laguna Madre • Repair the existing plant over the next 20 years • Transfer flow to Southeast plant after 20 years. Whitecap • Repair over next 20 years The new 12 MGD North WWTP would include the unit processes summarized in Table 1-47. Table 1-47 Proposed Unit Operations for New 12 MGD North Plant under Option 4C Unit Process Preliminary Assumption Preliminary Treatment • 2 mechanically cleaned screens with grinders/washers/compactors • 2 mechanical vortex grit removal systems Primary Clarifiers • 3 primary clarifiers Secondary Treatment • 3 BNRbioreactors (4 stage Bardenpho) • 3 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 3 Rotary Drum thickeners Digestion • 2 Anaerobic Digesters Sludge Dewatering • 3 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation The new 20 MGD Southeast WWTP would include the unit processes summarized in Table 1-48. Table 1-48 Proposed Unit Operations for New 20 MGD Southeast Plant Under Option 4C Unit Process Preliminary Assumption Preliminary Treatment • 4 mechanically cleaned screens with grinders/washers/compactors • 4 mechanical vortex grit removal systems Primary Clarifiers • 4 primary clarifiers Secondary Treatment • 4 BNRbioreactors (4 stage Bardenpho) • 4 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 4 Rotary Drum thickeners Digestion • 4 Anaerobic Digesters Sludge Dewatering • 4 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 1.5.3.10 Option 4D - Consolidate at a new North Plant Site and the Existing Oso WRP Site Option 4D involves the consolidation of existing plant flows at two treatment plant sites: a new north plant site and an expanded and upgraded plant on the Oso WRP site. Allison, Oso, Laguna Madre and Greenwood would be taken out of service under this alternative and Broadway and Whitecap would stay in service for the foreseeable future although they could be consolidated at a later time. The system configuration under Option 4D is presented here as Figure 1-18. 53 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerNse LNV Stantec Figure 1-18 Option 4D System Configuration Legend (, New Treatment Plant StClose Treatment Plant Repair Treatment Plant EDI Expand Treatment Plant Wastewater Pipeline Reuse Pipeline 2.s MAN The key infrastructure requirements under the Option 4D over the next 30 years are presented here as Table 1-49. Table 1-49 Summary of Key Infrastructure Requirements under Option 4D Piurir Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 10 years • Decommission the plant after 10 -years and build new pumping station to direct flows to the new North treatment plant. North Treatment Plant • Construct a new 12 MGD facility at the North treatment plant site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new North treatment plant site. Broadway • Repair over next 20 years Oso • Repair plant over next 20 years • Upgrade plant to BNR and expand to 20 MGD over next 5 years. Laguna Madre • Repair the existing plant over the next 5 years • Demolish the plant and decommission the existing site after the 0 to 5 year time period. • Build a new pumping station at the Laguna Madre plant to transfer wastewater from Laguna Madre to the Oso treatment plant. Whitecap • Repair over next 20 years nate• C x hail©'' Tischl re Bose bi G —. November 2016 Optimal Wastewater Treatment Configuration 54 Stantec LNV The new 12 MGD North WWTP would include the unit processes summarized in Table 1-50. Table 1-50 Proposed Unit Operations for 12 MGD New Plant under Option 4D Unit Process Preliminary Assumption Preliminary Treatment • 2 mechanically cleaned screens with grinders/washers/compactors • 2 mechanical vortex grit removal systems Primary Clarifiers • 3 primary clarifiers Secondary Treatment • 3 BNRbioreactors (4 stage Bardenpho) • 3 Secondary clarifiers Disinfection • UV disinfection Sludge Thickening • 3 Rotary Drum thickeners Digestion • 2 Anaerobic Digesters Sludge Dewatering • 3 centrifuge units Miscellaneous • Headworks odor control (chemical) • Primary odor control • Cogeneration for energy recovery from biogas • Automation and instrumentation 1.5.4 Capital and O&M Cost Analyses 1.5.4.1 Introduction One of the primary reasons for conducting this study was to confirm the potential benefits of consolidating flows from the six existing wastewater treatment facilities into a lesser number of newer larger treatment plants. The unit operating costs for larger wastewater treatment plants tend to be lower than for smaller facilities. This is primarily due to the facts staffing levels, measured as full- time equivalents (FTEs) per million gallon (MG) treated, and unit power costs measured as kilowatt hours (kW -hr) per million gallon treated decline with increasing plant capacity. The decline in unit power costs tends to level off at a design flow of approximately 20 MGD. As indicated in Section 1.1.2, the city is facing an estimated sustaining capital spend at the six existing wastewater treatment facilities of approximately $220 M. The majority of the capital requirements are for the Greenwood (approximately $61 M) and Oso (approximately $81 M) facilities. The contributing sewer shed for these two plants is coincidentally where the majority of anticipated demand growth is expected to occur. The currently planned capital improvement plan for which current rates are based (estimated capital spend to 2035 of approximately $524 M) is already considered unaffordable based upon EPA affordability criteria. User rate increases are driven in large part by increases in capital spend. The increase in capital spending can be partly offset by reductions in annual O&M spend. Options requiring a large upfront capital spend over the next 5 to 10 -years will have a significant further negative impact upon wastewater user rates if not offset by O&M cost efficiencies. The implementation of any of the options presented in the previous section needs to strike the appropriate balance between minimizing the sustaining capital spend on existing facilities destined to be taken out of service, consolidating existing facilities as soon as possible in order to realize annual O&M savings associated with economies of scale sooner rather than later, while staging planned capital spending for new facilities in order to minimize the impact upon user rates. The best way to assess the options under consideration was to construct a detailed cash flow model for each. The consulting team constructed detailed capital and O&M cost models for each of the options presented in Section 1.5.3. All of the options were compared against Option 1- Maintain existing six plants which was treated as the benchmark. The team then conducted sensitivity analyses on each of the options considered to determine how changing conditions might impact costs as well as the recommended servicing option. 1.5.4.2 Capital and O&M Cost Assumptions The capital and O&M cost estimates for each of the 10 options considered are presented in Appendix F. Three spreadsheet models were constructed for these analyses: a wastewater treatment plant staffing model, an estimate of power usage at each plant, and the overall cash flow model summarizing estimated capital and O&M costs. 55 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse The following assumptions were used in developing the cost models: • All of the optimization measures identified to reduce existing O&M costs in the Operations assessment were assumed to be applied to all options including Option 1- Maintain Six Existing Treatment Plants. • All works identified in the physical condition survey were carried out for all plants until such time as they were identified as being taken out of service. For example, a number of options assumed Greenwood will be taken out of service in year 5 therefore all works identified in the physical condition survey for Greenwood in the 0 to 5 -year period were included in the cash flow analysis. • Staffing level estimates were based upon the assessment methodology outlined in the "Northeast Guide for Estimating Staffing at Publicly and Privately Owned Wastewater Treatment Plants" dated November 2008 prepared by the New England Interstate Water Pollution Control Commission. • Preliminary power usage estimates for all treatment plant facilities were based upon guidance provided in the publication entitled "Electricity Use and Management in the Municipal Water Supply and Wastewater Industries" dated November 2013 and published by Water Research Foundation and Electrical Power Research Institute. • Non -process electrical loads will be approximately one third of those referenced in the above -noted guidance to account for the warmer climate in Texas. • Chemical costs under optimal conditions were taken as equal the average amount as indicated in the NACWA study. • Hauling costs were based upon an average solids generation of 0.59 dry tons/MG treated and a unit cost of $57.16/wet ton (2016) inflated at 2% per year. • The existing plants were assumed to maintain their current sludge dewatering performance with new plants assumed to achieve a minimum of 24% solids. • Preventative maintenance costs were estimated at 1.5 % per year of the replacement cost of the process mechanical and electrical equipment. Process mechanical and electrical equipment was assumed to account for 35% of the overall capital cost for all vertical works. • Approximately 20% of the aeration requirements required for nitrification will be recovered via denitrification when biological nutrient removal (BNR) is installed at any plant. • The current practice of disposing of sludge at a co - disposal landfill will continue into the foreseeable future. Rath C R G kaiok use LNV Stantec • Existing effluent limits at the Broadway and Whitecap plants will stay into effect for the foreseeable future and will not change over the 30 -year planning horizon. • All new and expanded plants will need to be converted to BNR. • All new plants will convert to anaerobic digestion with energy recovery. • The capital and O&M costs associated with industrial reuse will be paid for through a take or pay contract with interested industries and are not included in the cash flow and therefore the user rates. • Current electricity prices are $0.088/kW-hr and 2018 through 2022 prices will be $0.03883/kW-hr with 1% energy price inflation after 2021. • Average burdened labor cost is $68,448/year per FTE. Future wage inflation was assumed as 2% per year. • The cost of chemicals was $99/MG treated unless otherwise noted based upon actual plant operating records. Future chemical costs were assumed to increase by 1.5% per year. • Inflation on sludge haulage and preventative maintenance were both assumed as 2% per year. • Operating and maintenance costs other than labor, energy, chemicals, sludge hauling, and preventative maintenance were assumed to account for 25% to 30% of the overall total cost. 1.5.4.3 Capital and O&M Cost Analyses Capital and O&M cost estimates were completed for each of the 10 options previously presented. The cost models are enclosed in Appendix F and summarized here in Table 1-51. November 2016 Optimal Wastewater Treatment Configuration 56 Stantec LNV Table 1-51 Summary of Capital and O&M Costs by Option Option Description Capital Cost (2016-2045) (2016 Constant Dollars) Capital Cost Industrial Reuse (2016 Constant Dollars) Inflated O&M Costs (2016 to 2045) 1 Maintain six existing plants $734 M $108 M $521 M 2A Consolidate at Allison and Laguna Madre $950 M $50 M $502 M 2B Consolidate at Allison and Oso $836 M $50 M $467 M 3A Consolidate ata new North Plant $1,053 M $48 M $504 M 3B Consolidate at a new Southwest Plant $1,047 M $63 M $505 M 3C Consolidate at a new Southeast Plant $1,012 M TBD $516 M 4A Consolidate at a new North Plant and Laguna Madre $944 M $48 M $484 M 4B Consolidate at a new Southwest Plant and Laguna Madre $1,021 M $48 M $494 M 4C Consolidate at a new North Plant and a new Southeast Plant $958 M $63 M $493 M 4D Consolidate at a 0 o North Plant and $826 M $48 M $466 M 1.5.4.4 Sensitivity Analyses The project team conducted a sensitivity analysis of the various options considering the impact of changes in both energy and labor costs. The relative impact of various inflation rates on difference in O&M costs between the options is summarized here in Tables 2-52 and 2-53. Table 1-52 Difference in O&M Cost between Servicing Options for Various Labor Inflation Rates Option 1 Description O&M Costs O&M Costs (2% Labor Inflation) Diff. Relative to Optionl (4% Labor Inflation) Diff. Relative to Optionl Maintain six existing plants $521 M - $622 M - 2A Consolidate at Allison and Laguna Madre $502 M $19 M $575 M $47 M 2B Consolidate at Allison and Oso $467 M $54 M $529 M $93 M 3A Consolidate ata new North Plant $504 M $18 M $562 M $60 M 3B Consolidate ata new Southwest Plant $505 M $17 M $580 M $42 M 3C Consolidate ata new Southeast Plant $516 M $5 M $585 M $37 M 4A Consolidate ata new North Plant and Laguna Madre $484 M $37 M $548 M $73 M 4B Consolidate at a new Southwest Plant and Laguna Madre $494 M $27 M $570 M $53 M 4C Consolidate at a new North Plant and a new Southeast Plant $493 M $28 M $562 M $61 M 4D Consolidate at a new North Plant and Oso $466 M $55 M $529 M $93 M 57 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV Stantec Table 1-53 Difference in O&M Costs between Options for Various Power Inflation Rates Option 1 Description O&M Costs O&M Costs (1% Electricity Inflation) Diff. Relative to Optionl (5% Electricity Inflation) Diff. Relative to Optionl Maintain six existing plants $521 M - $546 M - 2A Consolidate at Allison and Laguna Madre $502 M $19 M $528 M $18 M 2B Consolidate at Allison and Oso $467 M $54 M $492 M $54 M 3A Consolidate at a new North Plant $504 M $18 M $541 M $15 M 3B Consolidate ata new Southwest Plant $505 M $17 M $542 M $14 M 3C Consolidate at a new Southeast Plant $516 M $5 M $543 M $3 M 4A Consolidate ata new North Plant and Laguna Madre $484 M $37 M $509 M $36 M 4B Consolidate at a new Southwest Plant and Laguna Madre $494 M $27 M $520 M $26 M 4C Consolidate at a new North Plant and a new Southeast Plant $493 M $28 M $519 M $27 M 4D Consolidate at a new North Plant and Oso $466 M $55 M $491 M $55 M 1.5.4.5 Rate Impacts The consulting team estimated the impact of a number of the proposed servicing options on future wastewater rates using the city's existing rate model. The existing rate model calculates rates out to 2035. The estimated increase in user rates for options 1, 2B, 4D, and 3A are presented here in Table 1-54. In comparison, it is noted that the historical wastewater user rate increased by approximately 110% between 2005 and 2015. Option Table 1-54 Supplemental Wastewater User Rate Calculations Description Relative Increase in Wastewater User Rates (2016 to 2035) 1 2B 3A 4D Maintain six existing plants Consolidate at Allison and Oso Consolidate at a new North Plant Consolidate at a new North Plant and Oso 81% 85% 99% 84% 1.5.4.6 Cost Analysis Conclusions and Recommendations The financial analysis suggests Option 1- Maintain the six existing plants has the lowest overall capital cost associated with treatment and pumping infrastructure given that it takes maximum advantage of existing infrastructure. Option 1 however has the highest capital cost for industrial reuse water given reuse water would likely have to be provided from two treatment plants as opposed to one under other options. Option 1 also has the highest O&M costs ofthe options considered. The cost analyses suggest Options 2B and 4D are competitive with Option lfrom an overall cost perspective considering capital costs for treatment and reuse as well as cumulative O&M costs. The relative impact on user rates for options 1, 2B, and 4D is essentially equal. Option 3A would have a statistically significant impact on user rates relative to the Option 1 benchmark. Sensitivity analysis demonstrates that the difference in O&M cost savings is most sensitive to labor costs and labor cost inflation. The consolidation options each result in significant staff reduction relative to the bench mark Option 1 even after optimizing existing plant operations. Higher future labor costs and increased labor inflation will favor the consolidation options, particularly options 2B and 4D, relative to the benchmark (Option 1). The difference in 2045 staffing levels between the group 3 options (3A, 3B, and 3C) is only 4 or 5 staff relative to the group 2 and 4 options. The group 2 and 4 consolidation options are less affected by energy cost inflation and release O&M cost savings sooner than the group 3 options at much lower capital cost. Path C R kailo " TischlerSise G November 2016 Optimal Wastewater Treatment Configuration 58 Stantec `NV 1.5.5 Prescreening Criteria and Options Prescreening Prior to evaluating the Options, the City staff and their consultant teams engaged with the citizens and other stakeholders to hear what issues and concerns needed to be considered in selecting the optimum future wastewater configuration. As can be expected, there was a wide range of opinions expressed by the general public, neighborhood associations, agencies, business professionals and other interested parties. These issues of concerns were then grouped into preliminary evaluation criteria to cover the Economic, Social, Natural and Technical environments. The preliminary criteria were presented to City staff at an evaluation workshop where the team could confirm that these fully covered the range of relevant issues and also establish the relative priorities. Three priority levels and associated weightings were proposed: normal items were unweighted (level 1), important items were given a double weighting (level 2) and the most critical items were given a triple weighting (level 3). The final evaluation criteria and selected weightings are shown in Table 1-55. Table 1-55 Evaluation Criteria and Weighting Factors used for Options Evaluation Category Sub -Topic Considerations for Evaluation Weighting Total Capital Cost Overall 30 year capital cost 3 Cost Total O&M Cost Overall 30 year operating and maintenance costs Maximum peak annual capital and O&M costs 2 3 Cash Flow Maintaining base flow Providing minimum low flow conditions for streams 1 Receiving Streams Effluent requirements Ability to meet the expected future treatment requirements Support locally established eco systems 3 2 Local eco systems Phasing potential Opportunity for staging work to meet flow projections 2 Schedule Immediate start to work Early access to complete critical R&R needs at facilities 1 Neighboring land use Is the land use compatible with new/expanded facility 2 Land ownership Is new land acquisition required 1 Plant Sites Existing impacts Does this reduce existing odor, noise or traffic issues 1 Flooding potential Is the site vulnerable to flooding 2 Construction Restoration requirements Length of new pipeline under established road ways 1 Impacts Traffic disruption Duration of pipeline construction under major roadways Ease of providing reuse water for industry and other users 2 1 Potential for Reuse Operational Flexibility Servicing new Development Ease of providing servicing of future developments 1 Efficiency of O&M Efficiency provided by centralized operations and maintenance 2 Flexibility for future consolidation Ability to consolidate with remaining plants in future 2 Having established the evaluation criteria, each of the 10 Wastewater Servicing Options was evaluated using a qualitative five -point scale that ranged from strongly negative to strongly positive with a neutral midpoint level. It should be emphasized that the evaluation is subjective in nature and seeks to determine the relative performance or predicted impact under each criteria of an option as compared to the performance or impact of the other servicing options. To reinforce that the evaluation is qualitative in nature, symbols rather than numbers were used to represent the "score" under each criteria. The evaluation of options is presented here in Figure 1-19. Based on this evaluation, the highest ranked wastewater servicing options (in order of preference) are: • Option 4D - Consolidate at new North Plant & Oso • Option 2B - Consolidate at Allison and Oso • Option 1- Upgrade at the Existing Sites 59 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse LNV ® Stantec Figure 1-19 Options Evaluation Matrix LNV ® Stantec a) U Sub -Topic 1 !• __". " 2A 4_ f 2B 3A e 3B 3C __ 4A ,—. 4B __— 4C _ — 4D _ Total Capital Cost Strongly positive capital cost less than$800M Neutral - mid levelcapital cost of$900Mto $1,000M Positive -capital cost less than $900M Negative -capital costmorethan $1,000M Negative -capital costmorethan $1,000M Negative -capital costmorethan $1,000M Neutral -mid level capital cost $1,000M to $1,000M Neutral -mid levelcapital cost $1,000M $1,000M Neutral -mid level capital cost C $1,000M 00Mto Positive -capital 46 costlessthan $900M l_Jmorethan$550M Total O&M Cost Negative -high level O&M cost Neutral- mid o levelO&M cost of $525M to $550M Strongly positive- • low O&M cost less than$500M Neutral- mid 4) levelO&M cost of $525M to $550M Neutral -mid 1) level O&M cost of $525M to $550M Neutral- mid 4) levelO&M cost of $525M to $550M Positive -lower 4) O&M cost of $500M to $525M Neutral- mid 4) levelO&M cost of $525M to $550M Neutral -mid 4) level O&M cost of $525M to $550M Strongly positive - • low O&M cost less than$500M Cash Flow Strongly positive- • max annual spend of approx $100M Neutral -max O annual spend of approx$200M Neutral -max O annual spend of approx$200M Negative -max O annual spend of approx$250M Negative -max O annual spend of approx$250M Negative -max O annual spend of approx$250M Negative -max O annual spend of approx$250M Strongly negative 0-maxannual $300M rox Strongly negative 0-maxannuat $300M rox Neutral -max O annual spend of approx$200M Maintaining base flow Neutral -keeps O all at status quo Negative -reduce O flows to Oso Bay Neutral -keeps O criticalflows at status quo Negative -reduce O flows to Oso Bay Strongly negative -reduce flow to O Oso Bay, increase to Oso Creek Negative -reduce O flows to Oso Bay Negative -reduce O flows to Oso Bay Strongly negative reduce flows to O Oso Bay, increase to Oso Creek Negative -reduce O flows to Oso Bay Neutral -keeps O criticalflows at status quo Effluent requirements Negative- continues challenges in Oso Bay and Nueces River Neutral- continues challenges in NuecesRiver Negative- continues t) challenges in Oso Bay and Nueces giver Positive -allows G lower treatment requirements Neutral- continues challenges in Oso Creek Neutral- continues 41) challenges in Oso Creek Positive -allows lower treatment requirements Neutral- continues challenges in Oso Creek Positive -allows lower treatment requirements Neutral -lower treatment in north, challenges inOso Bay Localeco systems O Neutral -keeps status quo Negative- O potentialimpact at Blind Oso from loss of flow O Neutral -keeps status quo Negative- O potentialimpact at Blind Oso from loss of flow Negative- O potentialimpact at Blind Osofrom loss of flow Negative- O potentialimpact at Blind Oso from loss of flow Negative- O potentialimpact at Blind Osofrom loss of flow Negative- O potentialimpact at Blind Oso from loss of flow Negative- O potentialimpact at Blind Osofrom loss of flow O Neutral -keeps status quo Phasing potential li Positive -can Ann proceed with multiple projects at onetime Neutral- can proceed at two sites and with pipelines Neutral- can � proceed at two sites and with pipelines Negative - requires all projects robe ©tl' ompleted at same time Negative - requires all projects to be completed at sametime Negative - requires all projects robe completed at sametime Neutral- can � proceed at two sites and with pipelines Neutral- can proceed at two sites and with pipelines Neutral- can � proceed at two sites and with pipelines Neutral- can proceed at two sites and with pipelines Immediate start to work Neutral- iv challenges at Oso, remainder available Positive - can work adjacent toboth existing plants Neutral- iv challenges at Oso, remainder available Negative AV -requires acquisition of land Negative AV -requires acquisition of land Positive - can work independently on new plant Negative AV -requires acquisition of land Negative AV -requires acquisition of land Negative AV -requires acquisition of land Negative -requires acquisition of land and working at Oso u c kaio ^ Tschler lis, Legend 0 0 c • Strongly Negative Positive strongly Negative Neutral November 2016 Opt., Wostewater ireolmentConfigurotion 60 ® Stantec Stantec `NV/ o)"- U Sub -Topic 1 ,p- z-_—_, Neutral- continues O residential conflicts at Oso and Greenwood 2A Positive - uses dp sites with good buffers 2B _ Neutral- ontiContinues O rcesidentialnues conflicts at Oso 31, \'~ Strongly positive • -new plant in industrial area 3B = ` — ___ Negative -new O plant ingenerally residential area 3C \I,. _ Negative -new O plant in generally residential area dA ` __ Positive -uses sites withgood buffers 4B __ Negative -new O plant in generally residential area 4C __ ? __ Neutral- Continues O residential conflicts at Oso and Greenwood 4D ..- Neutral - O r esidential conflicts at Oso Neighboring land use Land ownership Positive -no new ip land required for 20 years Strongly positive no new land • required for >30 years Strongly positive no new land • required for >30 years Negative -land O required for new plant Strongly negative -new O land required in residential area Strongly positive no new land • required for >30 years Negative - land O required for new plant Negative -land O required for new plant Negative - land O required for new plant Negative -land O required for new plant wPositive Existingtsat impacts Neutral- continues status quo -removes impac Greenwood and Oso Neutral- Continues impacts at Oso Positive - removes impac Greenwtsoodat and Oso Neutral- ontinuesim is pac atOso Creek Neutral- continues impacts atOso Creek Positive removes impacts at Oso Creek Neutral- continues im is impacts atOso Creek Neutral- ontinuesim is pac atOso Creek Neutral- continues impacts atOso Creek Flooding potential Negative - O requires new flood wall at Greenwood Positive - removes impact from flooding at Oso Creek Positive - removes impact from flooding at Oso Creek Positive - removes impact from flooding at Oso Creek Neutral -requires O additionalflood protection along Oso Creek Neutral -requires O additionalflood protection along Oso Creek Positive - removes impact from flooding at Oso Creek Neutral -requires O additionalflood protection along Oso Creek Neutral -requires O additionalflood protection along Oso Creek Positive - removes impact from W flooding at Oso Creek Restoration requirements Strongly positiveStrongly • Sminima, new pipelines required O Negative -new pipelines required O Negative -new pipelines required negative O -requires extensive pipeline construction Strongly negative O -requires extensive pipeline construction Strongly negative O -requires extensive pipeline construction O Negative -new pipelines required O Negative -new pipelines required O Negative -new pipelines required O Negative -new pipelines required Traffic c disruption o° Strongly positive •- minimal new pipelines required Neutral- new pipelines in generally open areas Neutral- new pipelines in generally open areas Negative- © pipelines cross built up areas Negative- © pipelines cross built up areas Negative- © pipelines cross built up areas Neutral- new pipehnesin generally open areas Neutral- new pipehnesin generally open areas Negative- © pipelines cross built up areas Neutral- new pipehnesin generally open areas Potentialfor Reuse Negative- Air. Long distanceLong to servicing industry Positive -Allison to plantcloseto industry Positive -Allison ip plant close to industry Strongly positive- • North plant close to industry Negative- distance to servicing industry Strongly negative -Longest distance to servicing industry Positive - North go plantcloseto industry Negative - Long distance to servicing industry Positive - North go plant close to industry Positive - North to plantcloseto industry Servicing t- new Development w Negative - needs new plant to o svice w growth ne Neutral -requires expansion of o pumping and plant Neutral -requires expansion of 0 pumping and plant Neutral -requires expansion of 0 pumping and plant Strongly positive • -closetonew growth Strongly positive • -closetonew growth Positive -can readily provide capacity for new growth Strongly positive • -closetonew growth Strongly positive • -closetonew growth Positive -can readily provide capacity for new growth 10, .� Efficiency of d O&M Strongly negative rTh _ continuesconsolidate operations at 6 sites Neutral- to twoconsolidate main plants, one m new Neutral- to two m main plants, one new Strongly positive- • consolidate to one main new plant Strongly positive- • consolidate to one main new plant Strongly positive - • consolidate to one main plant Positive - consolidate to two main plants, both new Positive - consolidate to two ain plants, both new Positive - consolidate to two main plants, both new Neutral - consolidate to two main plants, one new Flexibility for Fle,nburedoenelili consolidation Negative O faci-listatefuturenot consolidation Neutral- can O Whitecaponsolidate but not Broadway Neutral- can O Whitecaponsolidate but not Broadway Neutral- can O chroadwaybosolidate utnet Whitecap Negative O faci-dolistatefuturenot consolidation Neutral- can O Whitecapnsolidate but not Broadway Positive - can 40 Whdtecapandonsolidateboth Broadway Neutral- can nso O Whitecdateap but not Broadway Positive - can 40 Whdtecapandonsolidateboth Broadway Positive -can nso co Whitecdateapandboth Broadway Overall Rating 102 101 104 95 78 86 100 84 92 106 Novernber 2016 98th v s kaio Trac T ANY ® Stantec 1.5.6 Recommended Wastewater Servicing Option The highest ranked wastewater servicing option (identified as 4D) is to consolidate future wastewater treatment around two main facilities - a new North plant and the Oso plant. This is the recommended option. The components of this recommended Option 4D are shown on Figure 1-20 and summarized in Table 1-57. Figure 1-20 System Configuration of Recommended Option - Option 4D (,.) New Treatment Plant Close Treatment Plant j ,,,,, * Repair Treatment Plant A 10 Expand Treatment Plant —›Wastewater Pipeline Reuse Pipeline , „: , .., , , / ////4 2.5 nate C R kr G kaiokTisch &use November 2016 Optimal Wastewater Treatment Configuration 62 to), Stantec LNV Table 1-56 Key Infrastructure Requirements for recommended Option 4D Plant Infrastructure Requirements Collection System • Repair system in accordance with requirements to reduce overflows • Redirect some flow from Greenwood to Broadway sewer shed in the interim Allison • Repair over next 10 years • Decommission the plant after 10 -years and build new pumping station to direct flows to the new North treatment plant. North Treatment Plant • Construct a new 12 MGD facility at the North treatment plant site in the next 5 years. • Provide effluent reuse facilities for industry in next 10 years Greenwood • Repair during 0 to 5 year period • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Greenwood site to transfer wastewater from Greenwood to the new North treatment plant site. Broadway • Repair over next 20 years Oso • Repair plant over next 20 years • Upgrade plant to BNR and expand to 20 MGD over next 5 years. Laguna Madre • Repair the existing plant over the next 5 years • Demolish the plant and decommission the existing site after the 5 year time period. • Build a new pumping station at the Laguna Madre plant to transfer wastewater from Laguna Madre to the Oso treatment plant. Whitecap • Repair over next 20 years 63 Optimal Wastewater Treatment Configuration November 2016 Rc kailo'` TischlerBlse 000 Stantec LNV 2.0 Implementation Phasing Plan 2.1. Introduction Implementation of the wastewater management servicing plan is recommended to be undertaken over a series of phases in order to balance the use and availability of critical resources over a number of years. These critical resources including access to capital to fund the work; access to engineering and program management expertise; ability of City staffto administer the plan while other capital programs are ongoing; access to adequate contractors and trades; availability of key construction material inputs; and ability of operational staffto maintain the system while being trained on new or upgraded facilities. An outline of the preliminary proposed phasing is provided in the following sections. 2.1.1 First Phase North The new North treatment plant would be constructed in the northwest quadrant of the City in an area located between the CC International airport and the I-37 Highway. A specific property for this new plant has not been identified and it is recommended that the City investigate available parcels of approximately 80 acres or more in area, which would support an ultimate future site capacity of 60 MGD. The construction of this North plant would be staged to coincide with decommissioning of other facilities and increased flow from planned growth. The first phase of the North plant is expected to be a 12 MGD facility that would allow for decommissioning of the Allison and Greenwood plants. The new North plant would be provided with state of the art equipment allowing for an advanced level of treatment including screening and grit removal, primary clarification, fine bubble aeration, tertiary filtration, UV disinfection, anaerobic sludge digestion and thickening. A conceptual site plan for this new North plant is provided in Figure 2-1. Figure 2-1 Conceptual Site Plan for New North Treatment Plant NI 11, P.: ' 1;.- ' 0- 1 , 40 0 .- . , , :sy : , * - - 7"---- - Greenwood For the Greenwood service area, there is the potential for considerable future flow to occur depending on the City's policies with respect to planned new development. It is therefore proposed that the Greenwood pump station be located on the site of the Greenwood wastewater plant and planned in a flexible manner to allow construction in phases to match future flows. The first phase has been conceptually sized as a 30 MGD pump station with 42" diameter force main which is adequate for conveying the existing peak flows from the Greenwood facility to the North plant. The site layout plan will allow for an ultimate 90 MGD pump station and additional twinned force main which will be needed prior to future servicing of new developments south of Oso Creek. After the first phase of the pump station is commissioned, the remainder of the existing Greenwood plant will be decommissioned and the site can be made available for other uses. A conceptual layout of Greenwood and decommissioning of the existing treatment plant is provided in Figure 2-2. 64 Implementation Phasing Plan November 2016 Rc kailo'` TlschlerBlse Figure 2-2 Greenwood Pumping Station Site Plan Oso The expansion and upgrade of the Oso facility is proposed to include a full overhaul of all unit processes to bring these up to state of the art technology, providing for advanced levels of treatment with nutrient removal capability. The final treatment configuration will be determined after verification of the permitted effluent standards by TCEQ. In addition to upgrading with new technologies, the plant will be expanded to a 20 MGD average annual flow capacity initially and ultimately 24 MGD within the existing fence line. A conceptual site plan for the expanded Oso plant is shown on Figure 2-3. Figure 2-3 Preliminary Layout for Upgraded and Expanded Oso WRP Path C R kalio "` TischlerBise G LNV ® Stantec Laguna Madre After the Oso plant is upgraded and expanded, a pump station and force main will be constructed for conveyance of the wastewater from the Laguna Madre service area to Oso. It is proposed that the pump station be located on the existing site of the Laguna Madre wastewater plant and is expected to require a 10 MGD pump station with a 20" diameter force main to convey the peak wastewater flow to the Oso Plant. This initial conceptual sizing for this Laguna Madre PS and force main assume that it would be sized for the future anticipated peak flow from this service area. It is noted that the preferred route for the force main is through the NAS lands which are currently serviced with an independently owned and operated wastewater facility. The City and NAS are currently in discussion over potential opportunities to rationalize their separate wastewater operations, and this will be reviewed further prior to finalizing the size and route for the Laguna Madre force main. After the pump station is commissioned, the existing Laguna Madre plant will be decommissioned and the remaining site area can be made available for other uses. Collection System During the initial phase of the wastewater servicing plan, a range of collection system improvements will be undertaken as outlined in the Consent Decree currently under negotiation between the City and EPA. Many of these improvements will be located in the Broadway, Oso and Greenwood service areas and address existing deficiencies with service laterals, sewers and force mains via local pipeline rehabilitation, repair or replacement. Following these improvements, it is expected that the City will see a reduction in the extraneous flows due to inflow/Infiltration (I/I) and an associated reduction in the peak flows arriving at these facilities. The New Broadway facility has been constructed to meet an 8 MGD average annual capacity and a 20 MGD peak capacity. The design allowed for future capital improvements to increase the peak flow capacity to 40 MGD, but this work is currently on hold and will be deferred pending a review of the actual observed peak flows observed following the collection system improvements. Additional collection system modifications are under consideration that can rationalize the service area boundaries and provide best use of existing available treatment capacity. These potential projects include flow diversion from one or more of the Port/Pearse, McBride and Arcadia Lift Stations to the Broadway plant to reduce pressure on the Greenwood plant and better use the new Broadway Treatment facilities. The total potential for diversion from the Greenwood to the Broadway sewer sheds is estimated as 2 MGD on an annual average flow basis. Preliminary conceptual routing and associated infrastructure requirements for two of these potential flow diversions are presented here on Figures 2-4 and 2-5. November 2016 Implementation Phasing Plan 65 Stantec LNV Figure 2-4 Potential Force Main Routing for Flow Diversion from McBride Lift Station to Broadway WWTP Figure 2-5 Potential Force Main Routing for Flow Diversion from Arcadia Lift Station to Broadway WWTP Similarly, the existing Woodridge and Williams lift stations both currently pump to the Oso plant. These can readily be modified and provided with flexibility to pump flow over to the Greenwood plant site to relieve flow in the Oso service area. These and other collection system boundary adjustments will be implemented progressively as needed to balance flows during the time while the North plant is under construction. 2.1.2 Second Phase The second major phase of the management servicing plan is proposed to include the consolidation and decommissioning of the Allison WWTP. For purposes of this report, it has been assumed that the preferred strategy is for this work to be undertaken following construction and commissioning of the North plant. Allison Following construction of the North plant, pump stations and force mains will be constructed to allow conveyance of the wastewater from the Allison service area to the new facility. It is proposed that the Allison pump station be located on the existing site of the Allison wastewater plant and is expected to require a 15 MGD pump station with a 30" diameter force main to convey the peak wastewater flow from Allison to the North Plant. This initial conceptual sizing for this Allison PS and force main assume that it would be sized for the future anticipated peak flow from this service area. Further analysis can be undertaken prior to detailed design to determine if either additional future force mains, abooster pump stations or similar alternative strategy may be desirable. After the pump station is commissioned, the existing Allison plant will be decommissioned and the site can be made available for other uses. 2.1.3 Future Phases One major advantage of the preferred wastewater servicing plan is that it provides the City with considerable flexibility to adjust to future servicing requirements or regulatory conditions. Some of the scenarios are discussed below. Note that these potential capital projects have not been considered in the cash flow projections, since the timing and nature of these alternatives is uncertain. Greenwood As noted above, the Greenwood Pump Station will be planned to allow future expansion up to an expected ultimate 90 MGD peak capacity. This additional future flow could come from a variety of areas including new planned development south of Oso Creek or diversion of additional excess flow from new development in the existing Oso service area. Expansion of the Greenwood PS and construction of new force main capacity will be phased in as needed by these growth scenarios. Capital cost for these projects would need to be assessed against the new benefitting developments. Broadway The Broadway plant is about 5 years old and typically mechanical and electrical equipment is expected to last in the range of 20 to 30 years. That means that a major upgrade or rebuild maybe needed in approximately 20 years. Rather than invest in a significant capital upgrade, the City may at that time prefer to transfer the flow over to the North Plant and expand that facility. This would have operational advantages and could provide a longer time savings through additional consolidation. Whitecap The Whitecap facility is located on a barrier island and is remote from the other larger mainland facilities. Consolidation of this service area as part of the wastewater servicing plan is not considered cost effective and the plant is appropriately sized for the projected future flow. It is therefore recommended that it be maintained in its current location with occasional upgrading or repair as required. However, it is recognized that this location is vulnerable to catastrophic damage should a major hurricane strike the area. If such a disaster caused significant damage to the Whitecap facility, the City may prefer to construct a pump station and force main to connect to the mainland wastewater system rather than invest in a replacement 66 Implementation Phasing Plan November 2016 nein C R G kaio* Tiscs h lase plant. A conceptual route for this potential force main crossing of Laguna Madre would follow the route of New Humble Channel up to Bluffs Landings on Flour Bluff. Based on analysis done previously by the City for a water main crossing, this route provides an advantage since it is along disturbed boating channels and would minimize impacts on sea grasses Reuse The preferred option identifies potential for producing reuse quality water for sale to industry along the Ship Channel. There are currently a variety of competing projects under consideration for additional process and cooling water to industry, including a pilot desalination facility. It is therefore proposed that the design of the North plant allow for future addition of the necessary polishing treatment processes for industrial reuse water production but that these elements are not included until and unless the City has assurance that there is a means for cost recovery through sale of water to industry. 2.2. Project Risk Assessment 2.2.1 Introduction to Risk Assessment Many communities are using risk assessment to identify and quantify the severity of risk associated with capital projects. Each project has a different risk profile. Typical risk categories for infrastructure service delivery projects in general and in joint public-private projects are: • Site risk - a collection of risks that flow through the project land. An example of site risk is land acquisition, geotechnical, archaeological, existing condition, etc. • Design, construction and commissioning risk - all risks leading to liabilities and costs related to the design, construction and commissioning of the project on budget and on schedule. • Sponsor and financial risk - risks related to the sponsor's financial stability and security to protect the project on behalf of the public sector. • Operating risk - the consequence of operating risk related to the cost of operating the facility exceeding projections and/or the performance of the facility not meeting projections. • Market risk - risks related to the demand or price of the service resulting in not meeting the revenue projections etc. • Network and interface risk - risks related to the point of intersection between privately provided services and government controlled networks or services and where there is an interdependency of performance. • Industrial relations risk - risks related to labor disputes or action during construction and operational phases of the projects. nate C R kailo 3ischl re Bose LNV ® Stantec • Legislative and government risk - risks related to changes in legislation, government policy and the election of a new government that could impact the project. • Force majeure risk - risks outside the control of either party that impedes the provision of services during the contract period. • Asset ownership risk - risks related to the technical life of the project, or damage or destruction or premature obsolescence are some examples of this risk category. Quantification of risks can assist decision makers in the selection of options and identification and mitigation of project specific issues. For the wastewater management plan the use of risk assessment provides a good technique to highlight the risks that are known at this time. As the project develops and more information becomes available the risk assessment can be updated. Proposed mitigation strategies are presented in Section 4.4 of this report. 2.2.2 Risk Matrix A preliminary risk matrix (Table 2-1) has been prepared for Option 4D. Avariety of risk factors have been considered. These include siting risks, construction cost risk, constructability and a number of others. Each of these risks is ranked using a simple probability of occurrence using a 1 to 3 ranking. The risk impact is also ranked 1 to 3 with 1 being low impact and 3 being high impact. The factor of the probability and impact provides an overall risk factor. This technique is useful in providing a high level screening of risk factors. As the project develops more detailed risk assessment and workshops can be completed with various stakeholders and city staff. November 2016 Implementation Phasing Plan 67 Stantec LNV 2.2.3 Risk Ranking The project was ranked in consideration of the risk categories applicable to each of the major project components. The risks associated with each site under consideration for construction of facilities have been assessed. It also considers the risk associated with the various conveyance systems, social risks and construction risks. Table 2-1 Preliminary Risk Matrix RISK IDENTIFICATION RISK ASSESSMENT Category Risk PROB. IMPACT RISK HIGH= 3 HIGH= 3 FACTOR HIGH > 5 MED = 2 MED = 2 MED 4-5 LOW =1 LOW= 1 LOW < 4 Risk Option 4D Greenwood WWTP site 3 2 6 • Flooding may occur before new North plant is constructed. • Nuisance impacts on neighbors before new plant is constructed. 2 2 4 Site • New North plant construction delayed increasing sustaining capital spend at Greenwood. 2 2 4 • Local stakeholders and/or regulator objects to ceasing discharge into Oso Creek. 1 3 3 • Unable to get easements for the proposed force mains 1 1 3 3 3 3 New North Plant • City unable to find a suitable site in the proposed area. • Significant public opposition to a new North plant 2 3 6 Site • Plant construction delayed. 2 3 6 • Discharge permit to ship channel is delayed or denied. 1 3 3 • Impact of new plant on adjacent residents 1 2 2 3 2 6 Oso WRP • TCEQ denies new effluent permit for plant Site • Adjacent residents oppose the expansion of the plant 3 2 6 • Plant constructability negatively impacted by existing configuration 3 3 9 • Expansion cost higher than estimated 2 3 6 Allison WWTP • Environmentalists oppose the cessation of the current effluent discharge. 2 2 4 Site • Neighborhood impacts associated with proposed pipeline construction to new North plant. 2 3 6 Site • Increased sustaining capital spend due to delay in transferring flow to North plant. 2 2 4 Laguna Madre • Neighborhood impacts associated with proposed pipeline construction to Oso WRP 2 2 4 • Increased sustaining capital spend due to delay in transferring flow to Oso. 2 2 4 68 Implementation Phasing Plan November 2016 Rc kailo'` TlschlerBlse LNV Stantec Category RISK IDENTIFICATION Risk RISI< PROB. HIGH = 3 MED=2 LOW =1 2 ASSESSMENT IMPACT HIGH= 3 MED=2 LOW= 1 2 RISK FACTOR HIGH > 5 MED4 5 LOW < 4 4 • General Public Acceptance of plan • Mitigation Strategies/ Costs higher than anticipated 2 2 4 Stakeholders • Loss of reuse water at locations that currently receive it. 2 1 2 • Social Concerns (concern with rate increases even though plan is one of least expensive) 2 2 4 • Treatment Technology Selection 2 1 2 Engineering • Resource Recovery 2 2 4 • Foundation/ Site Conditions 2 1 2 • Capital Cost/ Affordability 2 3 6 • Anticipated Operations/ Maintenance Costs savings not realized 2 3 6 • Lack of Available Funding 2 3 6 Financial • Funding Conditions/ Restrictions 2 2 4 • Cost Escalation 2 2 4 • Contingency Items 2 2 4 • Financing Costs 1 1 1 Procurement • Procurement Strategy 2 1 2 • Cost higher than anticipated 2 3 6 Construction • Market Conditions not conducive to competitive bidding 1 3 3 • Schedule/ Delays delaying O&M savings. 2 3 6 • Changes/ Claims 2 2 4 • Natural Disaster (hurricane) 1 3 3 Other • City doesn't have sufficient staff to administer the wastewater capital program according to the schedule 2 3 6 • Treatment System Failure (existing plants) 3 2 6 • Archaeological Conditions 1 2 2 2.3. Proposed Implementation Plan and Project Delivery 2.3.1 Project Delivery Options The use of terms and processes related to project delivery models are in the end all related to the degree of risk transfer or level of risks assumed by the private sector versus those retained by the public sector. Project risk is defined as the probability of an unfavorable event having a negative impact upon a project investment. Risk can be managed and/or mitigated. The selection of the appropriate project delivery method is based upon mitigation or delegation of project specific risks to those best able to manage them. A summary of available alternative delivery methods is summarized in the text that follows. Design/Bid/Build (DBB) is the traditional method of project delivery being used successfully for most water and wastewater capital projects in the United States. This method involves three basic participants: design professional (DP), general contractor and City (operating agency). Typically, a sequential approach is utilized for the design, construction and operation. In an attempt to integrate expertise of the participants, techniques including constructability reviews, operability reviews and value engineering are incorporated into the design bid build process. After construction, facilities are operated by City staff. Rath C R G kaiak use November 2016 Implementation Phasing Plan 69 Stantec LNV The first step of this method is to retain a design professional through a qualifications based selection (QBS) process. The design professional's responsibilities include determining facility requirements for the City, and defining (implicitly) many of the risk elements of the project. The design professional is responsible for the engineering design of the facility and the development of contract documents for competitive bidding by the City. In the second step, bids are tendered in conformance with the contract documents and the lowest responsive, responsible bidder is selected, without negotiations, to construct the facilities. Either the design professional, an independent engineer, or City staff assures that the builder's performance is in compliance with the contract documents and assists in resolving any issues or conflicts or both. The City retains design liability. Construction Manager at Risk (CMAR) has two major participants in the contract with the City. The design professional is contracted by the City through a qualifications based selection (QBS) process and is responsible for the design. The construction manager is contracted by the City and is placed at risk early in the project for delivering the work within a guaranteed maximum price. The construction manager provides coordination services in lieu of a general contractor and provides design phase input and assistance. At some point in the design process, the construction manager and the City establish a Guaranteed Maximum Price (GMP) to which the construction manager is contractually bound. The design professional provides conceptual and detailed requirements for the project use in developing a GMP. The City is involved during the design phase by bringing operations expertise into the project; however, once the GMP is established, changes in the project scope may impact the GMP. The construction manager provides design phase consultation in evaluating costs, schedule, implications of alternative designs and systems, and materials; and assumes the risk of construction after the GMP is established. The construction manager self performs portions of the construction and selects qualified construction subcontractors for the remaining portions to complete the work. The contract between the City and CM is typically structured to include an "off ramp" at the GMP stage. This allows the City to terminate the contract with the CM, direct the design professional to complete the design, and bid the project as a DBB if the GMP is considered too high. The selection of the CMAR by the City is based on their qualifications and generally occurs shortly after the selection of the design professional. The construction subcontractors are usually not selected until after the design phase is complete and are not involved in the design phase of the project. This method is best suited for large, new or rehab projects that are schedule driven, are difficult to define, or require construction input during the design phase. This method is least suited for small projects, or where projects are very well defined. Design/Build with City Operations involves a single entity contracted to provide both design and construction services. The City usually develops performance requirements for use in securing a design -builder. The design -builder contracts directly with subcontractors and is responsible for delivery and performance of the project, and specifically assumes design as well as construction liability. Selection of the design -builder is based on the proposal offering the best value to the City, in terms of qualifications, technical and business merit, and project costs. Independent technical, legal and/or financial consultant(s) may serve as City's agent(s) in managing the procurement process, establishing performance criteria and monitoring performance. A conceptual to preliminary design (10 to 30 percent) maybe prepared at the direction of the City to detail the prescriptive and performance requirements of the project. The design/build contract is negotiated based on a formal Proposal. The City can also execute the project under what is referred to as a progressive design build (PDB). The City has more input to the design under a progressive design build and can make changes as design progresses. Although the DB team provides an indicative price upon proposal submission the Contractor is not bound to this price. However, like CMAR the DB team will produce a GMP at a defined point in the design process (typically 60 to 70% design) which the team will be responsible for meeting. There is typically an opportunity for an "off ramp" at the GMP stage if the submitted price is not acceptable to the City. This delivery method requires the City to be knowledgeable of its needs and objectives for the project and be directly involved in the process. A key element to success is trust between the City and the design -builder, and the opportunity and necessity for the design professional and contractor to work closely together to develop the winning Proposal. For this method, the design -builder is provided with a description of the desired end -product or project outcome. The design -builder is responsible for developing the detailed design and specifications, selection of material and equipment, constructing the facility and meeting performance requirements. Proposers, oftentimes a team of design professional(s) and contractor(s), respond to a Request for Qualifications (RFQ). A short-listed group of qualified proposers responds to a Request for Proposals (RFP) by submitting technical, price and business proposals. The competition process, established early on in the procurement process by the City, ensures an award; which is primarily based on price, technical and financial qualifications. 70 Implementation Phasing Plan November 2016 R�rh ckaiak Tllscs h lase Design/Build/Operate (DBO) is similar to the design/ build method except that the long-term operation and maintenance (typically 20 years) of the facility is combined with the design and construction into a single service contract. A variation to the longterm operations and maintenance contract is to have a period of performance of less than 5 or 10 years, although the trend in today's market is for 20 -year contract operation periods. As with D/B, independent technical, legal and/or financial consultant(s) may serve as City's agent(s) in managing the procurement process, establishing performance criteria and monitoring performance. In the DBO method, the City has the ability to transfer a significant amount of responsibility and risk associated with a project to a single point of responsibility. That single party is responsible for the integration of design, construction, operation and maintenance expertise for the development of the facility in accordance with performance criteria established by the City. The primary purpose for combining the design, construction, operation and maintenance into a single contract is to effectively integrate all three areas of expertise and responsibility during all phases of the project. The single party, who will guarantee the performance of the full service contract, has the incentive to balance cost efficiencies and long-term operation and maintenance costs and establish an optimum lifecycle analysis. At the end of the contract cycle when the facilities are converted to City operations, contract requirements will need to state and prove that the facilities are fully functional, systems can continue to achieve permit compliance and condition of the equipment is appropriately maintained during the life of the contract. Proposers, generally a team of a design professional(s), contractor(s) and an operation and maintenance organization, respond to a Request for Qualifications (RFQ). A short listed group of qualified proposers then respond to a Request for Proposals (RFP) by submitting technical, commercial and legal proposals. The negotiation process, established early on in the procurement process by the City, ensures an award, which is primarily based on price, technical and financial qualifications. Contract negotiations are permitted, and it is not required that the lowest price proposer be selected if another proposer offers the best value overall. During the contract period, the City retains the ownership of the asset and responsibility for rate setting, billing, collection and administrative services. The Design/Build/Maintain (DBM) method is similar to DB, except that the longer term maintenance of the facility is combined with the design and construction into a single contract with the City operations. An independent consultant(s) may serve as the City's agent by assisting in establishing performance and maintenance requirements Rath C R G kaiak use LNV ® Stantec along with process performance and monitoring performance. The primary purpose for including an extended maintenance period (5 to 20 years) is to assure that the quality of equipment provided and the quality of installation are paramount. It moves the project delivery method closer to design/build/operate, except it allows for continued operation by the City. In the DBM method, the City has the ability to transfer significant responsibilities and risks associated with a constructed project to a single point of responsibility. The single party is responsible for the integration of design, construction and maintenance of the facility for a significant period of time in accordance with performance criteria established by the City. The City relinquishes significant project control to the DBM for design, construction and maintenance aspects of the facility. Since selection of the design -builder is not generally based solely on price, the City has the opportunity to consider qualifications and experience in the selection process. Since the City will own and operate the facilities, it must carefully evaluate standards of proposed predictive, preventive and corrective maintenance, as well as repair and replacement to ensure that the facilities operate efficiently and that the condition of equipment is appropriately maintained during the life of the contract. Standards need to be established so that at the end of the contract period, equipment is left in satisfactory condition. Proposers, generally a team of a design professional(s), contractor(s) and maintenance organization, respond to a Request for Qualifications (RFQ). A short listed group of qualified proposers then respond to a Request for Proposals (RFP) by submitting technical, commercial (business) and financial proposals. The negotiation process, established early on in the procurement process by the City, ensures an award, which is primarily based on price, technical and financial qualifications. The Design/Build/Finance/Operate (DBFO) method is similar to the DBO Method described previously except that the facility is financed by the DBFO entity during the design, construction and long-term operations period of the facility. DBFO is also sometimes referred to as P3 (Public -Private -Partnership). As with the DB method, independent technical, legal and/or financial consultant(s) may serve as the City's agent(s) in managing the procurement process, establishing performance criteria and monitoring performance. Service fee includes an allowance for construction debt service (as well as its operating and maintenance costs), and as a result the City will have no direct bond or debt service liability. If the contractor fails to provide service, the City can withhold the periodic service payments from the contractor, which includes the repayment of capital and interest. In extreme circumstances of default, the City can terminate the service contract. November 2016 Implementation Phasing Plan 71 Stantec LNV During the contract, the City retains ownership of the asset and also the responsibility for rate setting, billing, collection and administrative services. The Design/Build/Finance/Own/Operate (DBFOO) method is similar to the DBFO Method described above except that the facility is owned by the DBFOO entity during the long-term operations period of the facility. With this delivery method, the project is financed by the DBFOO entity. Again as with the DB method, independent technical, legal and/or financial consultant(s) may serve as the City's agent(s) in managing the procurement process, establishing performance criteria and monitoring performance. The DBFOO contractor, as the tax beneficial owner, will depreciate the project and contribute equity, which will reduce the amount of debt needed to finance the project. As a tradeoff, the contractor will own the project when the service contract expires, and the City must then purchase or rent the facilities at fair market value if it wishes to continue to receive service from the plant. The service fee includes an allowance for the contractor's debt service (as well as its operating and maintenance costs), and the City will have no direct bond or debt service liability. If the contractor fails to provide service, the contractor does not receive payment. If a resolution cannot be reached between the involved entities, termination of the service contract may occur with the project ownership reverting to the City without cost. The potential for such a provision can take the place of a service contract guarantee by the contractor. During the contract, the City retains the responsibility for rate setting, billing, collection and administrative services. The potential "value for money" increases with increasing private participation in the project. This comes with reduced owner control and higher procurement costs. The key to delivery of any project is to ensure that the "value - for -money" benefits outweigh the cost impact of that delivery. Therefore, it becomes important for the public sector to fully appreciate the risks related to the project and objectives the project is seeking to meet. Table 2-2 provides at a glance the sources for "value for money" or increased cost impact under each delivery model Table 2-2 Comparison of Project Delivery Options - Value for Money and Increased Cost Source For: Project Delivery Method DBB DB DBO DBFO (P3) for Money Value Better allocation of Risk Transfer Very low Low Medium High Reduced Whole Life Cycle Costs Low Low Medium High Better Incentive to Perform Low Medium High Very High Acceleration of Infrastructure Provision Low Some Some Medium Faster Implementation Low Medium High Very High Increased Costs Procurement Costs Low Medium High High Private Finance Premium None Low Low High Tax Leakage None None Medium High Profit Taking Medium Medium High High 72 Implementation Phasing Plan November 2016 R p Fri CR kailo'` TischlerBlse DESIGN BUILD OPERATE DESIGN BUILD FINANCE OPERATE DB DBO LNV ® Stantec A public entity gives up greater control over a project as they transfer risk to a private enterprise. This is illustrated in Figure 2-6. Figure 2-6 Relative Risk Transfer with Various Alternative Delivery Approaches TECHNICAL & FINANCIAL RISK ON PUBLIC ENTITY TRADITIONAL PUBLIC O&M DBFO PUBLIC BUILD OWN OPERATE PRIVATE DESIGN BUILD TURNKEY PRIVATE OPERATE AND MAINTAIN TECHNICAL & FINANCIAL RISK SHARING WITH PRIVATE ENTITY ALTERNATIVE larOg7_TilaltVIRIS PRIVATE PRIVATE BUILD OWN OPERATE In our experience the number of bidders on a project is driven by the chosen delivery method. We have typically seen more competitors bid DBB projects with fewer bidding DBFO or P3 pursuits. However, the more sophisticated delivery approaches tend to attract larger more sophisticated entities. The relative number of bidders typically bidding alternative water delivery projects is as indicated here in Figure 2-7. Figure 2-7 The Project Triangle - Anticipated Number of Bidders for Various Project Delivery Approaches DBFO 3 -4 Competitors DBO 3 - 5 Competitors DB 5 - 7 Competitors \Ns\ The Texas Legislature enacted enabling legislation starting around 2011 to allow delivery of civil projects, including water infrastructure projects, using alternative delivery methods such as Construction Manager at -Risk (CMAR), Design Build (DB), and Public Private Partnership (P3) and their variations. A number of water projects have been undertaken via alternative delivery in the last few years and interest is growing among water utilities to use these methods. A summary of some recent Texas water project undertaken via alternative delivery is summarized as Table 2-3. Path C R G kaiok Tisch &use November 2016 Implementation Phasing Plan 73 Stantec LNV Table 2-3 Examples of Recent Alternative Delivery Water Projects in Texas City/Utility Project Project Size Delivery Method Primary Driver for Selected Delivery Method SAWS Vista Ridge Water Supply Project $450 M P3 Transfer of risk of capital funding to private sector eliminating the need to bond the project. City of Midland T Bar Well Field 35 MGD well field P3 City was essentially out of water due to drought. Project timing drove decision to go P3. City of Houston North East Water Treatment Facility $1 Billion 240- mgd expansion PDB City needs to be off groundwater by 2024 so timing was the driver. Austin 80-mgd North Water Treatment Plant $500 M CMAR One of the primary drivers was to better manage constructability risks. San Jacinto River Authority 30-mgd WTP $150M CMAR Primary driver was to minimize constructability risks and minimize construction cost overruns. 2.3.2 Proposed Implementation Plan 2.3.2.1 Summary of Key Project Elements and Associated Risks The key project elements associated with implementation of Option 4D along with the key implementation risks are summarized here in Table 2-4. Rehabilitation and small upgrade projects identified in the physical condition survey would likely be delivered under traditional DBB delivery or some form of job order contracting (JOC) arrangement. Table 2-4 I<ey Project Elements and Associated Critical Implementation Risks Project Time Frame Estimated Cost ($M) Key Risk Elements Oso WRP BNR upgrade and Expansion 0-5 year $72 M • Constructability associated with existing plant • Impact of construction on existing plant operations. • Inability to secure discharge permit. • Higher cost due to unforeseen circumstances. • Estimated operations cost savings not achieved. Greenwood PS and Force main 0-5 Year $73 M • Ability to secure required easements for force main. • Delay in PS and force main construction delays flow transfer to North plant and increases Greenwood WWTP sustaining capital spend. • Traffic impacts during construction. • Flooding of construction site. Laguna Madre PS and Force main 6 10 year $18 M • Ability to get permit for Oso Bay pipeline crossing. • Securing required easements for force main. • Traffic impacts during construction. New North WWTP 0-5 year $103 M • Ability to secure suitable project site. • Delay in getting effluent discharge permit for new plant. • New plant construction not completed on time resulting in additional sustaining capital spend at Greenwood. • Greenwood PS and force main not ready in time to commission new plant. • Operations cost savings not attained post construction. Allison PS and Force main 11-15$22 years M • Securing required easements for force main. • Traffic impacts during construction. 74 Implementation Phasing Plan November 2016 Haigh C R kali©'` Tischl reBEse• The key risks for the Laguna Madre PS and force main, Allison PS and force main and similar projects are related to securing easements and neighborhood issues such as traffic impacts. The City is likely in the best position to deal with these risks and a DB contractor would likely charge a significant risk premium to deal with these risks. In addition, all of these projects can be constructed by smaller contractors and none is particularly time sensitive. For these reasons, a competitive DBB procurement is most appropriate for these four projects. The Greenwood PS and force main, North WWTP, and Oso WRP projects are time sensitive. The North WWTP will also not be able to be started up until the Greenwood PS is operational. This suggests the most appropriate approach to constructing these two projects is to execute these in parallel or as one large project. The most appropriate approach from a timing perspective would be to bid these projects as two separate projects allowing contractors and contracting teams to bid both and offer potential cost and schedule efficiencies to the City. 2.3.2.2 Multiple Criteria Analysis The Multi -Criteria Analysis (MCA) is a qualitative analysis evaluation method which uses criteria based on the project goals and procurement objectives to compare the procurement models. A matrix evaluation is used to score and rank each of the alternatives. The projects that were evaluated via MCA included: • Greenwood PS and Force Main • New North WWTP • Oso WRP BNR Upgrade and Expansion The MCA matrix was constructed and presented during a workshop with City staff. In the dedicated workshop, qualitative criteria were reviewed for inclusion in the analysis and finalized. Weightings and scoring was then reviewed and finalized. The use of the Multiple Criteria Analysis helped determine the alternative that maximizes overall value of the project and also meets established project criteria compared against the others and leads to the recommended procurement model. Rath C 1" R kalio "` TischlerBise G LNV ® Stantec The following project delivery methods are recommended based upon the results of the MCA analyses: • Greenwood PS and Force Main (DB) • New North WWTP (DBO) • Oso WRP BNR Upgrade and Expansion (CMAR) The City plans to offer industrial reuse water to interested industries in the next 10 -years. The timing for providing reuse water depends upon interest and ability to bring a minimum number of industries under contract to support the capital investment. The market risk and associated implementation is something the private sector is better equipped to manage than the City. For these reasons, we are recommending Industrial Reuse be implemented as a P3 project. 2.4. Interim Operations Plan 2.4.1 Introduction The transition from the existing six plant operation to a four plant operation over the next 20 years requires careful planning to reduce the risk of over -spending on facilities destined to be taken out of service while maximizing O&M savings associated with anticipated staffing reductions. The currently proposed project schedule allows the City to reduce the existing treatment plant upgrading costs presented in Table 2-9 by approximately $133 M. As the facilities are improved, replaced, or removed from service, current staffing levels need to be adjusted to provide acceptable levels of operation and improved levels of maintenance. We are estimating an overall staffing reduction of 13 full-time equivalents (FTEs) during the first 15 years of the plan. The estimated reduction in repair costs quoted previously were based on the facilities being removed from service in the first 5 years. Schedule slippage will require additional sustaining capital spend to keep existing facilities in service. Should schedule slippage occur, a review of the proposed projects should be conducted and implementation of deferred projects should be initiated. November 2016 Implementation Phasing Plan 75 Stantec `NV 2.4.2 Optimization of Existing Plant Repair Program The consulting team met with senior plant operations staff to critically review the list of upgrading and repair projects identified during the physical condition survey and summarized in Section 1.1.2. The primary objectives of these meetings was to identify the most critical projects required to allow safe and reliable operations and ongoing permit compliance until such time as the facility is taken out of service. This optimization exercise reduces the capital cost for Option 4D by a further $ 50 M. The revised overall capital spend for Option 4D would therefore be $ 776 M. These projects should be reviewed with City senior staff prior to finalizing the overall capital program. 2.4.3 Staffing Transition Plan The primary driver for selecting Option 4D was the potential for O&M cost savings through a reduction in current staffing levels. The consulting team reviewed existing labor categories as part of this assessment to confirm the City has the appropriate mix of skills on staff and in future. Our initial review suggests the City has a large number of staff working in operations and very few if any maintenance related staff. A transition plan is therefore required to begin transitioning plant staffing from a primarily operations oriented focus to a combination of operations and maintenance staffing. As vacancies occur in the facility staffing, a long term view of filling vacancies based on future skill needs should be utilized. A preliminary recommendation on staffing levels by employment category over the next 15 years is presented in Table 2-5. The information provided in the table serves as the basis for development of a staffing transition plan in consultation with the City. The final plan needs to take into account anticipated attrition rates, existing skill levels and future skills requirements. Job descriptions need to be developed for each of the identified employment categories as part of the final staffing plan development. Table 2-5 Preliminary Recommendation on Staffing Levels by Employment Category FTE Classification Existing Proposed Year 5 Proposed Year 10 Proposed Year 15 Final Change from Existing Lead Operator 4 3.5 3.5 3 -1 Operator 57 31 31 27 -30 Maintenance Mechanic 12 12 11 +11 Electrician 3 3 3 +3 Instrument Tech 3 3 3 +3 Laborer 1 1 1 +1 TOTAL 61 53.5 53.5 48 -13 Several assumptions were made concerning staffing levels. Staffing at New Broadway WWTP and Whitecap WWTP were maintained at current levels until such time as facility and equipment improvements were made and an extensive SCADA system has been implemented. SCADA allows for remote monitoring and control and is an integral part of the cost reduction plan. New facilities include extensive SCADA control, energy efficient systems and energy recovery where appropriate. The staffing plan will need to include a significant increase in maintenance staffing levels. During the Facility and Operational assessments it became evident that required maintenance levels at all the facilities were not being met. In order to obtain cost savings over the study period, maintenance levels at the facilities must increase. Maintenance staffing must be accomplished through skill based assessments of existing staff with reassignment and/or retraining and hiring from outside where required. It should be noted, that the current recommendation is based upon completing the North WWTP as a DBO with operations provided by a private operator. This use of a private operator will reduce the overall staff contingent by a further 14 staff for the duration of the operating portion of the DBO contract. This issue requires further discussion with City management staff. 76 Implementation Phasing Plan November 2016 Rp Fri CR kailo'` TlschlerBise 2.4.4 Operations During Construction The three primary construction projects associated with Option 4D include the Greenwood PS and force main, new North WWTP, and Oso WRP upgrade and expansion. We are proposing the following during the construction phase of each project: • The existing plant operations staff will continue to operate the Oso WRP during construction. The CM will prepare a detailed bypass and shut down plan in consultation with the City and design engineer to minimize the impact upon existing plant operations. • The DBO contractor for the new North Treatment Plant will operate the new facility for a minimum of two years post -construction. We are proposing the operations of the new Greenwood PS be included in the DBO contractors scope of operation. The Greenwood PS and North WWTP operations would be transferred over to the City at the end of the operations contract. • All other plants would continue to be operated by existing City O&M staff. 2.5. Stakeholder Management Plan Although a great deal of information and knowledge has been gathered from stakeholders in this exploratory phase of the project, there is more to be learned as it relates to the development of a stakeholder management plan as we prepare for the planning and implementation phases of the project. An effective stakeholder management plan is built upon a process that is values -based, decisions -oriented and goal -driven. Some of the key elements of a successful stakeholder engagement plan include: • Effective stakeholder engagement acknowledges the desire for humans to participate in decisions that affect them. • Effective stakeholder engagement facilitates understanding. • Effective stakeholder engagement improves decisions by - bringing all perspectives to the table, - identifying critical issues early; and, - promoting opportunities for the building of understanding and balanced review of the problem or opportunity. We are recommending a follow-up workshop to determine the stakeholder management plan elements for the next phase of the project once the City has adopted the proposed long term servicing option and associated program elements. This workshop will establish critical components to implement as part of the stakeholder engagement plan. Some of these elements may include: R nth c R kaiak Tisc r use ® e G LNV ® Stantec • Stakeholder Baseline Data • Background review of stakeholder groups • Review and assessment of stakeholder issues and expectations • Decision scope and timeline, as it relates to stakeholder engagement • Stakeholder engagement process objectives • Determine the level of engagement and promise the following to the stakeholders: - INFORM > "We will keep you informed." - CONSULT > "We will keep you informed, listen to your concerns and provide feedback on decisions made." - INVOLVE > "We will ensure your concerns are directly reflected in the alternatives developed and provide feedback on decisions made." - COLLABORATE > "We will look to you for the advice and innovation in formulating solutions and incorporate your advice and recommendations in to the decisions made." - EMPOWER > "We will implement what you decide." • Stakeholder Engagement Techniques • Information required by stakeholders, related to (1) process and (2) content • Input needed from stakeholders • Engagement technique selection (some potential techniques for this projects below) - Public Information Campaign - Project Advisory Committee • Feedback required from stakeholders • Stakeholder Engagement Evaluation • Evaluate each technique. • How did it contribute to achieving the technique objective? • Analyze each stakeholder engagement objective. • How did it contribute to achieving the stakeholder management plan objectives? • Evaluate the contribution of the overall stakeholder engagement process to the project planning and implementation phases of the project. - How did it contribute to achieving the overall project objective? The project team recommends this stakeholder engagement planning workshop take place in early September, so the plan can be utilized and implemented during all future phases of the project. Workshop participants should include City staff and stakeholders who have been actively engaged in the WWMP project thus far. November 2016 Implementation Phasing Plan 77 Implementation Programming Schedule /Pis' psl 350 0.£ UCMOSS `NV Stantec 3.0 Implementation Programming Schedule 3.1. Introduction The proposed program implementation schedule is presented in this section. The main objectives were to: • Identify the trigger factors for each of the key project elements. • Identify critical risk factors associated with project implementation and the appropriate risk mitigation plan to address these. • Present the final capital improvement plan schedule and projects. 3.2. Project Implementation Triggers The City has asked that the consulting team identify implementation triggers for each of the key projects. It should be noted that reasonable implementation triggers have long passed for most if not all of the key projects identified in this report. The rationale for this statement is summarized as follows: • The majority of future growth is anticipated to occur in both the Oso and Greenwood sewer shed. The 2015 flow for the Oso and Greenwood plants are at 82% and 79% of the plants respective rated capacities. According to the Texas Administrative Code (TAC) 305.126(a) "whenever flow measurements for any sewage treatment plant facility in the state reaches 75 percent of the permitted average daily or annual average flow for three consecutive months, the permittee must initiate engineering and financial planning for expansion and/or upgrading of the wastewater treatment and/or collection facilities." Currently Greenwood WWTP and Oso WRP are beyond the 75 percent threshold and planning will have to take place to satisfy the TAC 305.126(a) ruling. Plant expansion is required at both Oso and Greenwood now. Path C R G kaiak Tisch &use • The Greenwood plant is located within the floodplain and the site has flooded twice this year. This has indirectly resulted in a spill to nearby La Volla Creek. The existing plant is in poor physical shape and requires over $60 M in repair. The existing plant needs to be replaced now. Therefore, construction of the new North WWTP needs to proceed as soon as possible. • Building a new plant to replace the existing Greenwood facility will take approximately five years meanwhile the site and local residents are susceptible to flooding impacts. Doing nothing for the next five years while residents wait is not recommended. The redirection of flows from the McBride and Arcadia Pumping Stations to the Broadway WWTP will reduce the flow to Greenwood in the short term reducing flooding potential. These projects will also increase the use of reserve capacity at the Broadway WWTP which the City paid over $50 M for only three years ago. • Priority projects (0 to 5 year time period) identified during the physical condition survey need to be reviewed with City staff and the most critical projects need to proceed now. • The work plan for the collection system outlined in the upcoming consent decree cannot wait and the City needs to proceed with the identified program in an expeditious manner. Key projects that can be delayed, and the associated trigger factor for these include: • Construction of the Allison PS and force main to direct flow from the Allison sewer shed to the new North Plant. The trigger for this work is completion of the North plant construction. • Construction of the Laguna Madre PS and force main to direct flow from the Laguna Madre sewer shed to the upgraded and expanded Oso WRP. The trigger for this work is completion of the planned plant expansion at Oso. November 2016 Implementation Programming Schedule 78 Stantec LNV 3.3. Proposed Program Implementation Schedule The proposed implementation schedule for the key projects is summarized here in Table 3-1 measured from the point of decision for start of the wastewater management plan. The implementation schedule is presented in five year increments. The detailed cash flow spend is presented in the cash flow model enclosed here as Appendix F. Table 3-1 Program Implementation Schedule Program Element Implementation Time Frame Cost 0-5 yr. 6-10 yr. 11-15 yr. 16-20 yr. Collection System Upgrades Associated with Reducing Overflows $382 M Allison WWTP Repair and Rehab $17 M Allison PS and Force main $22 M Broadway WWTP Repair and Rehab $15 M Oso WRP Repair and Rehab $81 M Oso WRP BNR Upgrade & Expansion $72 M Greenwood Repair and Rehab $14 M Greenwood PS and Force main $73 M Laguna Madre Repair and Rehab $7 M Laguna Madre PS and Force main $18 M New North WWTP $103 M Whitecap WWTP Repair and Rehab $23 M 3.4. Risk Management Plan Awide range of risks can impact the successful execution of this overall wastewater servicing program. The full range of these risks was highlighted in Section 3.3. These risks can generally be grouped into two broad categories - those that impact the scope through project planning and those that impact results of the project execution. As noted in the Section 3.4, dividing the program into suitable sized projects and selecting an appropriate project delivery method for each project can manage the risks associated with the execution including the procurement, design, construction, operation and maintenance. Assigning responsibility for each element of the project execution to the team or professionals most able to control the outcomes will typically result in an overall lower risk to the City. However, the planning level risks such as site selection, permitting, and regulatory compliance are of a fundamental nature that remain with the City and cannot easily be transferred to a DB, DBO or P3 partner. In particular, there is a considerable degree of uncertainty with respect to the regulatory regime and future treatment requirements for both existing and new plants. Each of the existing facilities operates under a permit from TCEQwhich is renewable every five years. Of the six existing facilities, one permit renewal (Oso) is administratively complete but is still under review; two permits (Laguna Madre and New Broadway) have recently expired and need renewal; and three permits (Greenwood, Whitecap and Allison) expire within the next 18 months. There is no certainty that renewal will be given in a timely manner or with similar conditions to current permits. The City currently is experiencing considerable increased costs to meet new permit requirements at aged facilities that were never designed to provide that level of treatment. The risk of continued changes to future treatment requirements is one of the primary drivers leading the City to consider consolidation of their facilities. The evaluation of the wastewater servicing options has considered this regulatory uncertainty and higher weighting was given to options that were flexible to adapt to future requirements. The identified project elements of the preferred Option 4D as described above are the most likely outcomes based on the consultant team's evaluation of the current and future requirements. These outcomes may however need to be adapted to meet future changes in conditions and it is recommended that a range of potential alternative strategies should be identified. The highest priority elements for the Option 4D are the expansion of the Oso plant and construction of the new North plant. A summary of potential risk elements, assessed risk factor (Low, Medium or High) and alternative strategies for these two sites are provided in Table 3-2. It should be noted that any high risk elements have already been addressed in the proposed project elements for the preferred option. 79 Implementation Programming Schedule November 2016 nein C R G lk hallo'' TNschr ii se. LNV Stantec Table 3-2 Potential Alternative Strategies Project/Site Key Risk Elements Risk Alternative Strategy Oso WRP BNR upgrade and Expansion Unable to continue use of existing site Low • Pump flow to Laguna Madre and build new plant on that site (as per Option 4A) Oso WRP BNR upgrade and Expansion Unable to renew permit for existing discharge to Oso Bay Med • Keep Oso plant on site but consider alternative outfall discharge such as Corpus Christi Bay or Laguna Madre OR • Pump flow to Laguna Madre and build new plant on that site (as per Option 4A) Oso WRP BNR upgrade and Expansion Unable to secure permit for expanded discharge to Oso Bay Med • Keep Oso plant at existing size, redirect south portion of service area and Laguna Madre to Greenwood PS and pump to North Plant (Alternative Option 4E) Oso WRP BNR upgrade and Expansion Unable to secure permit for any discharge to either Oso Bay or Laguna Madre Low • Pump flow from Oso to North plant and build larger new plant (as per Option 3A) New North WWTP Unable to secure a new site Low • Build new plant on existing Allison site (Option 2B) New North WWTP Unable to secure a permit for discharge into Ship Channel Low • Consider discharge to one or combination of Oso Creek and/or Nueces River As noted above, many of the Alternative Scenarios incorporate elements of the other wastewater servicing options considered earlier during the evaluation process. There will be opportunity to refine these strategies further once more clarity is available on some of these risk elements, especially regarding the permit renewal for Oso WRP. For instance, one "hybrid" option that can be implemented is to split the Oso service area roughly in half along the line of the SPID. The new development and growth in the southern half can be pumped to the new North Plant via the Greenwood PS and the northern half can continue to flow to and be treated at the existing Oso WRP. This Alternative - called Option 4E is depicted in Figure 3-1. Figure 3-1 Alternative Option 4E Legend New Treatment Plant Close Treatment Plant Repair Treatment Plant - Wastewater Pipeline 3 Reuse Pipeline 2.5 10 AWi Path C R G kalnkTisch &Ise November 2016 Implementation Programming Schedule 80 Stantec LNV 3.5. Fund Requirement Schedule The estimated cash flow requirements for the recommended servicing plan are summarized here in Table 3-3. All capital costs are presented here in 2016 constant dollars. The capital spend by project and year is included with the cash flow models presented in Appendix F. Table 3-3 Summary of Fund Requirements Program Element Collection System Upgrades Associated with Reducing Overflows Implementation Time Frame 0-5 yr. 6-10 yr. 11-15 yr. 16-20 yr. $127 M $127 M $127 M Allison WWTP Repair and Rehab $13 M $4 M Allison PS and Force main $22 M Broadway WWTP Repair and Rehab $11 M $3 M $1 M Oso WRP Repair and Rehab $54 M $3 M $6 M $18 M Oso WRP BNR Upgrade & Expansion $72 M Greenwood Repair and Rehab $14 M Greenwood PS and Force main $73 M Laguna Madre Repair and Rehab $7 M Laguna Madre PS and Force main $18 M New North WWTP $103M Whitecap WWTP Repair and Rehab $19 M $2 M $2 M TOTALS $493 M $155 M $157 M $21 M The total estimated capital spend for Option 4D is approximately $826 M with O&M savings over the next 30 -years of approximately $60 M relative to the benchmark option of maintaining the six existing wastewater treatment plants. 81 Implementation Programming Schedule November 2016 Rc kailo'` TischlerBlse 5 Stantec Wastewater Management Plan Recommendations Council Presentation May 23, 2017 Presentation Overview • Update council on the current status of the wastewater plan • Review potential ways to optimize the recommended option • Compare capital and operating costs for upgrading at existing sites versus consolidation • Revise project phasing to lower the up front costs in years 1-5 • Identify the next steps for project implementation 2 Treatment Costs for next 20 Years Program Element Base Case - Existing Sites Recommended Consolidation Capital ($M) O&M ($M) Capital ($M) O&M ($M) Allison WWTP 30 40 36 17 Broadway WWTP 15 52 15 52 Oso W RP 153 128 114 132 Greenwood WWTP 124 71 81 11 Laguna Madre WWTP 9 29 23 7 Whitecap WWTP 23 15 23 15 New North WWTP 103 63 Sub -Total 354 335 395* 297 Combined 20 year Total 689 692 * Treatment Plant costs in million $ optimized based on deferral of repairs 3 Comparative Cash flows Cumulative Total Costs ($M) 1000 900 800 700 600 500 400 300 200 100 0 — Recommended Consolidation — Base Case - Existing sites 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Years 4 Treatment Plant Conditions • Treatment Plant repairs are required at all facilities, with the majority of costs at Oso and Greenwood • Staffing levels at the existing six plants are within benchmark ranges • Energy and chemical costs are well above benchmark levels • Flooding at Greenwood is a significant issue that needs to be addressed 5 Key Study Findings • Utility rates are among the highest in Texas and are unaffordable by EPA metrics. • There are significant opportunities to reduce O&M costs at the existing facilities but capital is required • Collection system improvements are estimated at $381 M and will be required for all treatment options 6 Base Case : Maintain Existing Sites Program Element Repair & Rehab Total Remarks Allison WWTP 20 30 Broadway WWTP 15 15 Oso WRP 81 153 Greenwood WWTP 14 124 New Upgraded Plant on same site Laguna Madre WWTP 9 9 Whitecap WWTP 23 23 Total 162 354* * Treatment Plant costs in million $ extracted from Option 1 in WW Management Plan 7 fExpand Legend $M Totals Treatment de 1 Plant j (p>G�j Repair & Rehab Treatment Plant 62 t - 0 2.5 5 Qmoadway � � u Laguna Madm WhObcop ©@M Note: Collection system not shown Recommended Consolidation Option Program Element Repair & Rehab New Facility Total Remarks Allison WWTP 17 22 39 Pump to New Plant Broadway WWTP 15 15 Oso WRP 81 153 Greenwood WWTP 73 87 Pump to New Plant Laguna Madre WWTP 18 25 Pump to Oso W RP Whitecap WWTP 23 23 New North WWTP 103 103 Total 157 216 445* * Treatment Plant costs in million $ extracted from Option 4D in WW Management Plan 9 Legend $M Totals • New Treatment ` o0 Plant e Close Treatment Plant o Expand & Upgrade �/%� Treatment Plant U Repair & Rehab g�/% Treatment Plant UU J New Wastewater ` Pipeline 000mon0000m C©mad000a TO 7 Laguna Macim whobcop Note: Collection system not shown Optimization of Recommended Option • Eliminating non-essential repairs at plants to be closed Greenwood save up to $7M Allison save up to $3M Laguna Madre save up to $1M • Combining repairs at Oso with the upgrade and expansion requirements - saves up to $39M • Diverting 2 MGD of flow from Greenwood to Broadway reduces initial size of New Plant - defers up to $20M 11 Benefits of Consolidation • New facilities have longer useful life than repairing existing • Annual ongoing O&M savings of $3 - $6M • High quality effluent available for reuse water • New plant can be in a location with less impact on neighbors • Future consolidation possible for Broadway and Whitecap • Flexible option to accommodate future new regulations 12 cam Recommended Option : Years 1-5 Legend Repair Allison New North Treatment Plant Repair Greenwood Expand/Upgrade Oso Repair Laguna Madre Repair Whitecap 4 13 Recommended Option : Years 6-10 Legend Greenwood PS & Pipeline Close Gre Inwood Repair Brdadway Y cam Upgrade Clso Close Laguna Madre . Laguna Mdre PS & Pipeline 10 14 Recommended Option : Years 11-15 Legend (::: Expand New North Treatment Plant Allison PS & Pipeline Close Allison ED Upgrade Oso * Repair Whitecap 15 Recommended Option Years : 16-20 Legend Repair Broadway cam Upgrade Oso Repair Whitecap 16 Potential Future Options : Past Year 20 Legend Broadway PS & Pipeline .4 Close Bro dway WhitecapS & Pipeline Close Whiecap 17 Proposed Next Steps • Council approval of overall plan and long term goals • Review the optimum mix and timing of projects for first phase - present an updated CIP for consideration • Determine needs for Program Management support • Program Implementation 18 Questions? 19 Spare Slides 20 Sub -options Summary of Options Considered Description 1— Maintain Six Existing Plants Keep all six plants. Continue with • Not applicable current operations and planned maintenance. 2 - Consolidate at Existing Plant sites 3 - Consolidate at New Plant site 4- Combination of New and Existing Keep Broadway & Whitecap. Consolidate remainder at two of the existing plant sites. Keep Broadway & Whitecap. Consolidate remainder at one new plant site. Keep Broadway & Whitecap. Consolidate remainder at two sites with at least one new site plus an existing site. • Allison + Laguna Madre • Allison + Oso • North site • Southwest site • Southeast site • North + Laguna Madre • Southwest + Laguna Madre • North + Southeast • North + Oso (Recommended) 21 Original Cash Flow Requirements Program Element codeetilm system Upgrades Implementation Time Frame 0-5 yr. 6-10 yr. 11-15 yr. 16-20 yr. $127 M $127 M $127 M Allison WWTP Repair and Rehab $13 M I $4 M Allison PS and Force Main $22 M Broadway WWTP Repair .and Rehab $11 M $3 M $1 M Oso WRP Repair and Rehab $54 M S3 M SG M S18 M Oso WRP BNR Upgrade & Expansion Greenwood Repair and Rehab $72 M $14 M $73 M I. I - Greenwood PS and Force main Laguna Madre Repair and Rehab $7 M Laguna Madre PS and Force main $18 M New North WWTP $103M Whitecap WWTP Repair and Rehab $19 M $493 M 1 $155 M $2 M $157 M $2 M $21 M TOTALS 22 Optimized Cash Flow Requirements Implementation Time -Frame Program Element 0-5 yr. 6-10 yr. 11-15 yr. 16-20 yr. AllisonWWTPRepairandRehab $13 M Allison PS and Force main $22 M Broadway WWTP Repair and Rehab $14 M $1 M Oso WRP Repair and Rehab $15M $3M $6M $18M Oso WRP BNR Upgrade & Expansion $72M Greenwood Repair and Rehab $8 M GreenwoodPSandForcemain $73 M Laguna Madre Repair and Rehab $6 M Laguna Madre PS and Force main $18 M NewNorthWWTP $83M $20M WhitecapWWTPRepairandRehab $19 M $2M $2M TOTALS $216 M $108 M $50 M $21 M 23 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: May 23, 2017 TO: Margie Rose, City Manager THROUGH: Mark Van Vleck, Assistant City Manager FROM: Dan Grimsbo, Interim Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Approving an Extension to the Agreement with Valero Refining — Texas, L.P. for recycled water CAPTION: Motion authorizing the City Manager or designee to execute a Sixty-day Extension to the Agreement for Exclusive Reservation of Recycled Water with Valero Refining — Texas, L.P. (Valero) for 4 million gallons per day (mgd). PURPOSE: To obtain Council's review and approval; for the Sixty-day Extension to the Agreement for Exclusive Reservation of recycled water with Valero Refining. BACKGROUND AND FINDINGS: In 2013, Valero expressed an interest in exploring the possibility of receiving and using the City's recycled water for cooling tower and other industrial use applications at both of its local Refineries doing business as the Valero Corpus Christi West Refinery and the Valero Corpus Christi East Refinery. On December 17, 2013, the City of Corpus Christi and Valero Refining -Texas, L.P., entered into an Agreement for Exclusive Reservation of Recycled Water, out of the Broadway Wastewater Treatment Plant, with a term of nine months, with an option to extend the Reservation Agreement for an additional three month period. During the initial reservation agreement term, Valero expressed preference to use the recycled water from the Greenwood Wastewater Treatment Plant (GWWTP) in lieu of the recycled water from the Broadway Wastewater Treatment Plant (BWWTP). The agreement was amended twice and extended most recently in December 2015 for additional periods which will expire on June 16, 2017. A short-term extension to the reservation agreement totaling an additional 60 days is presented for City Council consideration to allow time for the adoption of Wastewater Management Plan by City Council at which time a longer-term agreement could be put in place. Under the terms of this Extension to the Agreement for Exclusive Reservation, the City agrees not to enter into any other agreement or reservation for treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 MGD of treated wastewater effluent subject to this extension. ALTERNATIVES: 1. Authorize the Extension to the Agreement as proposed. 2. Request changes to the proposed Extension to the Agreement. 3. Deny authority to execute the Extension to the Agreement. 4. Deny authority to execute the Amendment and Extension to the Agreement and direct staff to issue an RFP for Industrial use of the City's recycled water. OTHER CONSIDERATIONS: The city's wastewater treatment plants produce recycled water that is classified as Type II reclaimed water. TCEQ has granted the City certain authority to deliver its recycled water for the Type II uses allowed under Chapter 210 of the Texas Administrative Code (TAC). Some of the City's golf course and cemetery customers use the City's recycled water for the Type II -allowable use of irrigating their golf courses and cemeteries. Although the law also allows for the use of Type II for cooling towers and other industrial applications, none of the City's Industrial district customers are using the City's recycled water at this time. CONFORMITY TO CITY POLICY: This item conforms to City policy to obtain Council's approval and authority to grant an interest in real property or the city asset of water, which is considered to be a real property -like asset. For our purposes here, the term water as used in this section includes treated wastewater, also known as "effluent", or "recycled water". An industrial water customer's use of the City's recycled water for allowable industrial uses is consistent with the City's water conservation policies. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating 0 Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Water Comments: RECOMMENDATION: Approval of the Reservation as proposed. LIST OF SUPPORTING DOCUMENTS: Agreement for Exclusive Reservation of Recycled Water approved December 17, 2013 (First) Amendment and Extension to the Agreement approved December 16, 2014 (Second) Amendment and Extension to the Agreement approved December 15, 2015 Extension to the Agreement for Exclusive Reservation of Recycled Water Between Valero Refining -Texas, L.P. and City of Corpus Christi Agreement for Exclusive Reservation of Recycled Water Between Valero Refining —Texas, L.P. and City of Corpus Christi This Agreement for Exclusive Reservation of Recycled Water (the "Reservation") is made by and between The City of Corpus Christi, acting by and through its authorized representative, the City Manager or designee (the "City"), and Valero Refining — Texas, L.P. ("Valero"). Valero and the City may hereinafter be referred to as a "Party" or collectively as the "Parties". WHEREAS, Valero operates two petroleum refineries located in Corpus Christi, Texas; WHEREAS, the Texas Commission on Environmental Quality has issued an Authorization for Reclaimed Water to the City that provides the City with certain authority for the use and transfer of reclaimed water or treated wastewater effluent, referred to in this Agreement as "recycled water"); WHEREAS, Valero would like time to evaluate entering into a recycled water agreement with the City; NOW, THEREFORE, for and in consideration of mutual covenants herein contained, it is agreed by and between the Parties as follows: I. Reservation. A. Term and Fee. For and in consideration of payment of a reservation fee in the amount of One Hundred Thousand Dollars ($100,000.00) to be paid within thirty days of the date the City Manager or the City Manager's designee signs this Reservation, the City will reserve for the exclusive benefit of Valero the capacity for delivery of up to 4 million gallons per day (mgd) of recycled water/treated wastewater effluent from the new Broadway Wastewater Treatment Plant (BWWTP), or 4 million mgd from any of the City's other wastewater treatment plants in the event that the City will no longer be operating the BWWTP . The Reservation shall start on the Effective Date and expire nine months from the Effective Date. During the term of the Reservation, the City shall not enter into any other agreement or reservation for the 4.0 mgd of treated wastewater effluent from the BWWTP or an amount of treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 mgd of treated wastewater effluent subject to this Reservation. The nine-month reservation period is to allow Valero time for evaluation, equipment pilot testing and water quality testing to confirm suitability of the recycled water and any onsite treatment cost for the intended industrial applications. Before the expiration of the Reservation, Valero will inform the City in writing if it intends to enter into a recycled water agreement(s) for either or both of its local refineries dba the Valero Corpus Christi West Refinery and the Valero Corpus Christi East Refinery. 8. Effective Date. The Effective Date of this Reservation is the date upon which it is signed by the City. 2013-360 12/17/13 M2013-196 Valero Refining - Texas LP 1 INDEXED C. Termination. The City may terminate this Reservation in the event that Valero fails to timely pay the $100,000.00 reservation fee and Valero has been provided written notice of this failure and thirty (30) days to cure. D. Extension. Valero may request to extend this Reservation for an additional three-month period by providing the City with a written request at least thirty (30) days prior to the termination date of this Agreement. If the City approves Valero's request to extend this Reservation, upon Valero's payment of a reservation extension fee of Seventy -Five Thousand Dollars ($75,000.00), which must be received by the City before the termination date, this Reservation will extend for a period of three months. The extended Reservation shall be exclusive and during the extended term of the Reservation, the City shall not enter into any other agreement or reservation for the 4.0 mgd of treated wastewater effluent from the BWWTP or an amount of treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 mgd of treated wastewater effluent subject to this Reservation. E. Notices. Any notice provided for in this Reservation and any other notice, demand or communication which any Party may wish to send to any other Party relating to the subject matter of this Reservation shall be in writing and either delivered by recognized national overnight courier delivery service such as Federal Express, UPS or DHL, hand -delivered, or sent by regular U.S. postage prepaid, and addressed to the Party for which such notice, demand, or communication is intended at such Party's address as provided below. Copies of all notices to Valero shall include a copy to: If to Valero: Valero Refining—Texas, L.P. 1147 Cantwell Lane Corpus Christi, TX 78249-1616 Attn: Joe Almaraz Telephone: 361-289-3328 Facsimile: 361-289-3126 If to the City: City of Corpus Christi 2726 Holly Road Corpus Christi, TX 78415 Attn: Gustavo Gonzalez, Director of Water Operations Telephone: 361-826-1874 Facsimile: 361-826-1889 City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Attn: Veronica Ocanas, Senior Assistant City Attorney Telephone: 361-826-3375 Facsimile: 361-826-3239 Any Party may change its address for notice hereunder to any other address by giving written notice of such new address to the other Parties in accordance with this Section. Any notice, demand, or other communication shall be in English, and shall be deemed given and effective as of the date of delivery. The inability to deliver because of a changed address of which proper 2 notice was not given, or rejection or other refusal to accept any notice, demand or other communication, shall be deemed to be the receipt of the applicable notice, demand or other communication as of the date of such inability to deliver or rejection or refusal to accept. The date of notice shall be the date it is received by the addressee or the office of the addressee, whichever is earlier. II. Negotiation of Recycled Water Agreement Terms Within the Reservation Period. A. The Two Refineries. Upon written notice at any time during the term of this Reservation from Valero that it wishes to enter into a recycled water agreement for 4 mgd of recycled water, the Parties will negotiate the terms of any agreement in good faith. III. Reservation is Not a Reclaimed Water Supply Agreement. A. The Parties recognize that this Reservation is an agreement to reserve 4 mgd for a period of time, not an agreement to supply or deliver 4 mgd; that this Reservation neither outlines the specific and essential terms for the delivery or supply of recycled water, nor contains any prices or quantities for the delivery or supply of recycled water; and that a future agreement(s) between the Parties will be required. IV. Miscellaneous Terms. A. Complete Agreement. This Reservation embodies the entire agreement between the Parties hereto relating to the subject matter hereof, and supersedes and replaces in their entirety all prior understandings and agreements relating to the subject matter hereof. 8. Severability. Should any provision of this Reservation or portion hereof be declared invalid, void or unenforceable, it shall not affect the validity or enforcement of the remaining provisions or portion hereof which shall remain in full force and effect as if the Reservation had been executed without such invalid, void or unenforceable provision or portion hereof having been included. C. Assignment. The Parties may not assign the Reservation without the written consent of the other party. D. Modification and Waiver. This Reservation may not be modified or amended except by an instrument in writing duly executed by both Parties. Either party hereto may, by an instrument in writing, waive compliance with or breach of any term or provision of the Reservation by the other Party. The waiver by any Party hereto of compliance with or breach of any term or provision of the Reservation shall not be construed as a waiver of subsequent compliance or of any subsequent breach. E. Authority. Each person executing the Reservation represents that he or she has been duly authorized to do so by the Party on whose behalf he or she is signing, and that in so doing he or she shall bind such Party to all of the terms hereof. 3 F. Counterparts. The Parties may execute the Reservation in identical multiple counterparts, each of which shall be deemed an original and all of which together shall constitute but a single instrument. 4 IN WITNESS WHEREOF, the parties hereto have executed this Reservation to be effective upon approval by the City. VALERO: CITY: VALERO REFINING—TEXAS, L.P. By: CITY OF CORPUS CHRISTI By: Name: Dennis Payne Name: 8/2(f 4 l3 4%'ri? ff% Title: Senior Vice President & General Manager Title: DIP4 ry p(2f.rie 4I442 - Date: /EX/3(2-0(5 Date: 12- - ( 7-13 ATTEST . 1 ARMANDO CHAPA crn' SECRETAR" I ti �► 1 ClouiICIL .. hiLla 5 doia City of Corpus Chnsci CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Valero Refining -- Texas, L.P. P. O. BOX: STREET ADDRESS: One Valero Way CITY: San Antonio FIRM. IS: 1. Corporation 4. Association 8 2. Partnership 5. Other ZIP: 78249 - 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name None Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee None 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant None EXHIBIT "C" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ethan Jones (Iy pc or Print l Signature of Certifying Person: Title: Assistant Secretary glI4Q-r4 Date: �%3 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or fine, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. EXHIBIT "C" Page 2 of 2 Amendment and Extension to the Agreement for Exclusive Reservation of Recycled Water Between Valero Refining -Texas, L.P. and City of Corpus Christi Whereas, on December 17, 2013, the City of Corpus Christi and Valero Refining -Texas, L.P. entered into an Agreement for Exclusive Reservation of Recycled Water ("the Reservation Agreement") with a term of nine months, with an option to extend the Reservation Agreement for an additional three-month period; Whereas, the Reservation Agreement provided for the City to reserve for the exclusive benefit of Valero the capacity for delivery of up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the new Broadway Wastewater Treatment Plant ("BWWTP") or from any other wastewater treatment plants in the event that the City will no longer be operating the BWWTP; Whereas, Valero desires to reserve up to 4 mgd of recycled water/treated wastewater effluent from the Greenwood Wastewater Treatment Plant ("GWWTP") recycled water/treated wastewater effluent; Now, therefore, the parties agree to amend the Reservation Agreement and extend the term as follows (the "Amendment"); 1. The Reservation Agreement is amended so that the City agrees to reserve for the exclusive benefit of Valero up to 4 mgd of recycled water/treated wastewater effluent from the GWWTP. This amended Section I.A. replaces Section I.A. of the Reservation Agreement: 1. Reservation. A. Term and Fee. For and in consideration of payment of a reservation fee in the amount of One Hundred Thousand Dollars ($100,000.00) to be paid within thirty days of the date the City Manager or the City Manager's designee signs this Amendment, the City will reserve for the exclusive benefit of Valero up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the Greenwood Wastewater Treatment Plant ("GWWTP"). During the term of the amended Reservation Agreement, the City shall not enter into any other agreement or reservation for treated wastewater effluent from the GWWTP. The Reservation as amended herein shall expire nine months from the Effective Date of this Amendment. The nine-month extended reservation period is to allow Valero and the City time for, including but not limited to evaluation, equipment pilot testing, pipeline right of way development, and project design. Before the expiration of this Amendment to the Reservation Agreement, Valero will inform the City in writing if it intends to enter into a recycled water agreement(s) for either or both of its local refineries dba the Valero Corpus Christi West Refinery and the Valero Corpus Christi East Refinery." Section I.D. of the Reservation Agreement is amended as follows: "D. Extension. Valero may extend this Amendment to the Reservation Agreement for an additional three-month period by providing the City with written notice at least thirty (30) days prior to the termination date of this Amendment along with an extension fee of Seventy -Five 1 Thousand Dollars ($75,000.00). During the three-month extended term of the reservation, the City shall not enter into any other agreement or reservation for treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 mgd of treated wastewater effluent subject to this Amendment." 2. This Amendment to the Reservation Agreement takes effect on December 16, 2014 (the "Effective Date"). 3. Within thirty days of the date the City Manager or the City Manager's designee signs this this Amendment to the Reservation Agreement Valero will pay the City One Hundred Thousand Dollars ($100,000.00). 4. Any provision of the Reservation Agreement that is not expressly amended by this Amendment remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year written below. VALERO: CITY: VALERO REFINING —TEXAS, L.P. CITY OF CORPUS CHRISTI By: By: 1. • A` Name: Dennis Payne Name: MaTi C Title: Senior Vice President & General Manager Title:LCf1{ G'T[.! M A.114Cre— Date: 1 �- I Date: J -/3o /41 ATTEST T? REBECCA HUERTA CITY SECRETARY 20 lr1AUI$u+«., +r cam. Y2- S i `ta CFCRFTAav Second Amendment and Extension to the Agreement for Exclusive Reservation of Recycled Water Between Valero Refining -Texas, L.P. and City of Corpus Christi Whereas, on December 17, 2013, the City of Corpus Christi and Valero Refining Texas, L.P. entered into an Agreement for Exclusive Reservation of Recycled Water ("the Reservation Agreement") with a term of nine months, with an option to extend the Reservation Agreement for an additional three-month period; Whereas, the Reservation Agreement provided for the City to reserve for the exclusive benefit of Valero the capacity for delivery of up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the new Broadway Wastewater Treatment Plant ("BWWTP") or from any other wastewater treatment plants in the event that the City will no longer be operating the BWWTP; Whereas, the Parties later determined that recycled water from the Greenwood Wastewater Treatment Plant ("GWWTP") would be preferable; Whereas, the Parties entered into an Amendment and Extension to the Agreement for Exclusive Reservation of Recycled Water Between Valero Refining -Texas, L.P. and City of Corpus Christi on December 16, 2014 which reserved 4 mgd from the GWWTP for Valero, provided a term of nine months, and provided for one three-month extension after the nine-month term (the "Amendment"); Whereas, the Amendment will expire on December 16, 2015 and the Parties desire to further extend the Reservation Agreement; Now, therefore, the Parties agree to amend the Reservation Agreement and extend the term as follows (the "Second Amendment"); 1. The Reservation Agreement is amended so that the City agrees to reserve for the exclusive benefit of Valero up to 4 mgd of recycled water/treated wastewater effluent from the GWWTP. This amended Section I.A. replaces Section I.A. of the Reservation Agreement: "I. Reservation. A. Term. For and in consideration of payment of a reservation fee in the amount of Seventy -Five Thousand Dollars ($75,000.00) to be paid within thirty days of the date the City Manager or the City Manager's designee signs this Second Amendment, the City will reserve for the exclusive benefit of Valero up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the Greenwood Wastewater Treatment Plant ("GWWTP"). During the term of the amended Reservation Agreement, the City shall not enter into any other agreement or reservation for treated wastewater effluent from the GWWTP. The Reservation Agreement as amended herein shall expire twelve months from the Effective Date of this Second Amendment. The twelve-month extended reservation period is to allow Valero and the City time for, including but not limited to evaluation, equipment pilot testing, pipeline right of way development, project design, and project financing. Should the Parties need additional time to negotiate an agreement for the delivery of recycled wastewater, Valero may extend this Second Amendment 1 by an additional six months at no additional cost by providing written notice to the City thirty days prior to the expiration of this Second Amendment. Section I.D. of the Reservation Agreement is amended as follows: D. Extension. The Parties may extend the Reservation Agreement by mutual agreement. 2. This Amendment to the Reservation Agreement takes effect on December 16, 2015 (the "Effective Date"). 3. Any provision of the Reservation Agreement that is not expressly amended by this Amendment remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the day and year written below. VALERO: VALERO REFINING —TEXAS, L.P. By: Name: Dennis Payne Title: Senior Vice Prresiddentt&& General Manager L Date: / / ( `� / �`J CITY: CITY OF CORPUS CHRISTI By: 62 Name: , E Title: t—Xt.,C n r4vP „��` t � ✓ Date: 2- fiI`I`ul", REBECCA HUERTA CITY SECREW1Y4 se to brow r LisaAguilar rU Assistant City Attorney For City Attorney a..(21a-:3112(11ti rfitlil{tILS.,G SECRETARS 2 Extension to the Agreement for Exclusive Reservation of Recycled Water Between Valero Refining -Texas, L.P. and City of Corpus Christi Whereas, on December 17, 2013, the City of Corpus Christi and Valero Refining -Texas, L.P. entered into an Agreement for Exclusive Reservation of Recycled Water ("the Reservation Agreement"), with a term of nine months, with an option to extend the Reservation Agreement for an additional three-month period; Whereas, the Reservation Agreement provided for the City to reserve for the exclusive benefit of Valero the capacity for delivery of up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the new Broadway Wastewater Treatment Plant ("BWWTP") or from any other wastewater treatment plants in the event that the City will no longer be operating the BWWTP; Whereas, the Parties entered into an Amendment and Extension to the Reservation on December 16, 2014 which reserved 4 mgd from the Greenwood Wastewater Treatment Plant for Valero, provided a term of nine months, and provided for one three-month extension after the nine-month term; Whereas, the Parties entered into a Second Amendment and Extension to the Reservation Agreement on December 15, 2015, which will expire on June 16, 2017; Whereas, the Parties desire to further extend the Reservation Agreement for 60 days; Now, therefore, the Parties agree as follows: 1. The term of the Agreement for Exclusive Reservation of Recycled Water (the "Reservation Agreement") as previously amended and extended, is hereby extended for an additional 60 days, to expire on August 16, 2017. 2. This Extension to the Reservation Agreement takes effect on date of last signature. 3. All other terms and conditions of the Reservation Agreement, as previously amended and extended, remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Extension as of the day and year written below. VALERO REFINING —TEXAS, L.P. CITY OF CORPUS CHRISTI By: Name: Richard J. Walsh Title: Senior Vice President Date: fl'1/11 / ZO R 4L. By: Name: Title: Date: 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: TO: Margie C. Rose, City Manager May 3, 2017 FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM@cctexas.com (361) 826-1972 The First Amendment to the Collection, Processing and Marketing of Residential Recycling Commodities contract (recycling contract) with BFI Waste Services of Texas, LP, dba Republic Services of Corpus Christi. CAPTION: Motion authorizing the City Manager, or designee, to execute the First Amendment to the Collection, Processing, and Marketing Residential Recycling Commodities contract with BFI Waste Services of Texas, LP, and ratifying the effective date of the amendment to be May 1, 2017. PURPOSE The amendment will help assure capital and operating costs are recovered in the face of changing recycling commodity market conditions, and help assure the viability of the City's curbside collection recycling program. The proposed amendments will: 1. Increase processing fee from $74.70 to a fixed $90.00 per ton for duration of initial term, ending February 1, 2021 2. Increase rebate that BFI pays City, from 60% to 85% of average marketable commodity value (last computed as $139.08 per ton) 3. Decrease quarterly minimum of marketable materials from of 2,700 to 2,400 tons 4. Eliminate ceiling and floor on rebates paid to City 5. Discontinue Consumer Price Index fee adjustments for duration of initial contract term, ending February 1, 2021 6. Discontinue BFI's operation of 3 recycling drop-off sites effective July 1, 2017 (an optional drop-off location to be the BFI/Republic Services, 4414 Agnes St.) BACKGROUND AND FINDINGS: City Council approved the recycling contract on October 12, 2010 after a Request for Proposal Process. Between October 2010 and January 2011, the BFI expanded their recycling processing facility and installed single -stream processing equipment. January 31, 2011, marked the beginning of the single -stream recycling collection and the effective date of the BFI recycling contract. If approved, it's estimated that the contract amendment will increase the City's annual net return on the contract (rebates received by the City minus the processing fees paid by the City) by approximately $145,000. BFI offers the facility at 4414 Agnes St. as an alternative recycling drop- off site, to help mitigate the discontinuation of services at the 3 existing drop-off trailers. CONFORMITY TO CITY POLICY: The proposed amendment does not conflict with City policy. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Solid Waste Operations, Office of Management and Budget, Finance, City Attorney. 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 Revenue ($147,083) ($1,176,666) ($1,323,749) Encumbered / Expended Amount Expense $86,667 $693,333 $780,000 BALANCE ($60,416) ($483,333) ($543,749) Fund #1020 — General Fund Comments: The financial impact reflects the estimated net impact of the contract amendment for 45 months (May 2017 through January 2021) remaining on the initial 10 year term. RECOMMENDATION: Staff recommends the approval of the proposed amendment. LIST OF SUPPORTING DOCUMENTS: Contract Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BFI WASTE SERVICES OF TEXAS, LP STATE OF TEXAS COUNTY OF NUECES This first amendment ("First Amendment") to the Agreement executed between the City and BFI Waste Services of Texas, LP ("Contractor"), on October 7, 2010, for services which began on January 31, 2011, is made effective for all purposes as of May 1, 2017, unless otherwise specifically stated in this First Amendment. WHEREAS, the City and Contractor desire to modify the terms and conditions of the Agreement as set out below for the remaining Initial Term of the Agreement; and WHEREAS, the parties agree to execute this instrument and proceed subject to the following terms, conditions and covenants. 1. Incorporation of Preamble. The preamble provisions set out above in this First Amendment are incorporated by reference into the body of this document and constitute additional provisions under the Agreement. 2. Effective Date. This First Amendment, following final approval by the City's City Council and execution by both parties, is ratified by both parties to take effect as of May 1, 2017. 3. Effect of First Amendment. This First Amendment modifies, supplements, and expands the provisions, terms, and conditions of the existing Agreement (including its exhibits) between the City and Contractor and the duties and responsibilities undertaken by each, as is necessary and mutually desired to effectuate the purposes and plans of the parties. The parties acknowl- edge and agree that all terms, conditions, and covenants of the Agreement not changed by execution of this First Amendment continue in full force and effect. The parties further agree that any ambiguities or conflicts between or among the documents may not be construed against the City as drafter. In the event of a conflict between or among the documents addressing the same matter, the parties agree that the more stringent provision controls. 4. Definitions; Usage. All words and phrases not defined in this First Amendment or modified herein retain the definitions contained in the Agreement. For brevity in the remainder of this document, any reference to the Agreement is deemed to collectively include this First Amend- ment, and all exhibits and documents attached to, referenced, or incorporated by reference into those instruments and which are the subjects of the Agreement relationship between the parties. 5. Cessation of Trailer Use. Section 1 of the Agreement, entitled "Services", is modified as follows: A. Subsection (d), entitled "Trailers", is deleted in its entirety, including the contents of Exhibit B of the Agreement, such modification of the Agreement to be made effective Page 1 of 3 as of July 1, 2017, provided, the Contractor has complied with the provisions in the remainder of this paragraph and within the stated times. Contractor shall establish a transition schedule with the Contract Administrator (for the anticipated discontinued use of the trailers) not later than 14 days following execution of this First Amend- ment, such transition plan providing for cessation of the Contractor -operated City- wide drop-off sites and physical return of the trailers by the Contractor to the City's Cefe Valenzuela Landfill location on July 1, 2017. Contractor shall undertake to effectively assist City staff in communicating the Contractor's transition plan to citizens utilizing the trailers between May 1, 2017, and June 30, 2017. Contractor shall also undertake to effectively assist City staff in communicating the availability and hours and days of operation of the Contractor's Designated Facility for the delivery and acceptance of residential recyclable materials by citizens at no charge on and after the execution of this First Amendment and continuing after June 30, 2017, until such time the Agreement is either terminated or ceases to be in force between the parties. B. A new subsection (d-1) is added to read as follows: "Notwithstanding anything to the contrary in Exhibit A of the Agreement, Contractor shall produce a quarterly minimum (net of residue) of 2,400 tons of marketable materials." 6. CPI Increase; Floor and Ceiling Rebates. Section 3 of the Agreement, entitled "Fees", is modified as follows: A. Subsection (a), delineating the CPI increase and its application, is suspended and has no force and effect for the remainder of the Initial Term of the Agree- ment. B. Subsection (d), delineating the Floor and Ceiling commodity sales rebates, their application, and calculation of same, is deleted in its entirety and replaced with the following language: "(d) Rebates. Notwithstanding anything to the contrary in Exhibit A of the Agree- ment, the Contractor shall be obligated to calculate and pay quarterly rebates to the City at the rate of 85% of the actual sales price received by the Contractor for the marketable commodities." C. A new subsection (f) is added to read as follows: "(f) Processing Fee. The processing fee for all single -stream materials delivered by the City to the SSMRF is increased from $74.70 to $90.00 per ton." 7. Limited Continuation of Floor/Ceiling Rebates for Measurement and Calculation Pur- poses Only. For purposes of the calculation of payments due to the City for all marketable commodities sold prior to May 1, 2017, but for which rebates have not yet been remitted to the City as of the effective date of this First Amendment, the parties mutually agree that the Floor and Ceiling commodity sales rebate values and the application of the same are preserved and expressly made applicable to the parties until such time as the payments have been remitted to the City, after which such Floor and Ceiling commodity sales rebate values and application of same will finally cease in force and effect for all purposes under the Agreement. Page 2 of 3 8. Fiscal Year. Section 7 of the Agreement, pertaining to the ending date of the City's fiscal year, is modified as followed: July 31 is deleted and replaced with September 30. 9. Duplicate Counterparts. This First Amendment may be executed in any manner as duplicate counterparts, each of which is deemed to be an original of this instrument for all purposes. 10. Entire Agreement. In addition to the existing Agreement, including any exhibits attached or incorporated by reference, this First Amendment contains the entire understanding and mutual agreement of the parties, and no other agreements, assurances, covenants (express or implied), or other terms and conditions of any kind exist between the parties with regard to the Agreement and this First Amendment. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Margie C. Rose, City Manager Date: Date: Approved as to legal form: , 2017 Elizabeth Hundley Assistant City Attorney for the City Attorney BFI WASTE SERVICES OF TEXAS, LP Signature Title Printed Name Date Page 3 of 3 CERTIFICATE OF INTERESTED PARTIES FORA 1295 1 of 1 Complete Nos. 1 -4 and 6 if there are interested parties, Complete Nos. 1, 2. 3, 5, and 6 if there are no interested ponies. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. BFI Waste Services of TX, LP Corpus Christi , TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-205395 Date Filed: 05/10)2017 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. xxx Recycling. Processing, and Marketing Name of Interested Party Reeves, Mike City, State, Country (place of business) Corpus Christi, TX United States Nature of interest (check applicable) Controlling Intermediary Bradley. Robert Corpus Christi, TX United States x x 5 Check only if there is NO Interested Party. 6 AFFIDAVIT w% AMBER ROSE FENDLEY Notary Public, r`�State Ot Texos `"Y�; My Commission Expires June 21, 2018 AFFIX NOTARY STAMP ( SEAL ABOVE I swear, or rr older nalty of erjury, that above disclosure is true and correct. I►tltL It, .ntiactin: Ai ness entity Signature of authorized agen Sworn to and subscribed before toe, by the said golbe r 4- Bra d lett t"+s The 2j1. to certify which. witness my hand and seal of office. Signature stering oath Amber od I Printed narne of officer administering cath Ib day of eft a% 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 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: May 23, 2017 TO: Margie C. Rose, City Manager FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2 c(�cctexas.com (361) 826-3169 Purchase of 12 Inch Steel Pipe for the Gas Department CAPTION: Motion approving the purchase of 12 inch steel pipe for the Gas Department from Texas Pipe & Supply Company, of Corpus Christi, Texas, in response to Request for Bid No. 1124 based on the lowest, responsive, responsible bid for a total amount not to exceed $106,954.00. PURPOSE: This item is to approve the purchase of 5300 feet of 12 -inch steel Pipe. BACKGROUND AND FINDINGS: The Gas Department is procuring 5,300 feet of 12 -inch steel pipe. This steel pipe will be used to replace 5,270 feet of an aging 14" gas main that is part of the Gollihar Street improvement project. The City received one responsive bid, out of 48 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, Texas Pipe & Supply Co. ALTERNATIVES: NA 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: Gas Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $378,074.64 $0.00 $378,074.64 Encumbered / Expended Amount $259,988.35 $0.00 $259,988.35 This item $106,954.00 $0.00 $106,954.00 BALANCE $11,132.29 $0.00 $11,132.29 Fund(s): Gas Comments: The total estimated contract value will be $106,954.00 funded in FY2016- 2017. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LYDIA JUAREZ BID TABULATION BID EVENT NO. 1124 12 INCH STEEL PIPE FOR THE GAS DEPARTMENT Texas Pipe & Supply Co. P.O. Box 4833 2201 Suntide Road Corpus Christi, TX 78469 ITEM DESCRIPTION Unit QTY PRICE PRICE 1 12- Inch Steel Pipe 5300.00 1 $20.18 $106,954.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: May 16, 2017 TO: Margie C. Rose, City Manager FROM: Fred Segundo, Director of Aviation FredS c(�cctexas.com (361) 289-0171 ext. 1213 Kim Baker, Assistant Director of Financial Services—Purchasing Division KimB2(c�cctexas.com (361) 826-3169 Appraisal Services for Corpus Christi International Airport CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with Aviation Management Consulting Group, Centennial, Colorado, for appraisal services for the Corpus Christi International Airport, in accordance with RFP No. 180, based on responsive and responsible proposal. The agreement will be for $140,000.00, and $30,000.00 will be funded in FY2016-2017. The term of the agreement is for five years, subject to the approval of the Contractor and the City Manager, or designee. PURPOSE: The purpose of this agenda item is to execute a contract with Aviation Management consulting Group, Centennial Colorado, for Appraisal Services for the Corpus Christi International Airport. BACKGROUND AND FINDINGS: In 2011, the City selected an appraiser to perform an initial appraisal for all parcels and facilities located on Airport property. That appraisal has been used as the valuation methodology for all subsequent fair market value determinations since that time. In anticipation of a number of changes in leases and uses of parcels over the next five year period, the Contractor will provide various appraisal tasks upon direction from the Contract Administrator to accommodate these changes. While specific assignments will be determined at the time of need, airport management staff has outlined potential tasks that should be accomplished during the next five years. The request for proposals (RFP) was issued, with 40 notifications. Three proposals were received; however, one was submitted late and was deemed nonresponsive. The remaining two responsive proposals moved on in the process and were evaluated by an evaluation team against the published criteria in the RFP. Minimum qualifications were evaluated under a pass fail system and the firms experience and understanding of the scope of work were evaluated on the published point system as outlined in the RFP. The firms were also interviewed and scored based on the same published criteria and a final score was developed for each firm. The staff recommends awarding a service agreement to Aviation Management Consulting Group the appraisal services for Corpus Christi International Airport. ALTERNATIVES: No feasible alternatives OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Aviation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $188,405.91 $110,000.00 $298,405.91 Encumbered / Expended Amount $96,312.70 $0.00 $96,312.70 This item $30,000.00 $110,000.00 $140,000.00 BALANCE $62,093.21 $0.00 $62,093.21 Fund(s): Airport Comments: The contract value total is $140,000.00, of which $30,000.000 will be funded in FY2016-2017. The balance will be requested during normal budgeting process for future years. RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Service Agreement RFP Matrix — Appraisal Services for CCIA RFP No. 180 Appraisal Services for Corpus Christi International Airport Roberta Ortiz Proposal Evaluation Aviation Management Consulting Group Airport Business Solutions Minimum Qualifications State Certified General Appraiser Pass Pass Member of Appraisal Institute (MAI) designation Pass Pass Working knowledge of the aviation industry Pass Pass Completed a minimum of five aeronautical property appraisals Pass Pass No outstanding lawsuits during last 5 years Pass Pass No outstanding regulatory issues last 5 years Pass Pass No current litigation with the City during the last 5 years Pass Pass References Provided for firm Pass Pass Technical Proposal Technical Proposal (50 points) 48.67 47 Experience (18 points) Team Experience (18 points) Understanding of Project Scope (14 points) Interview Interview (30 points) 29 26 Experience Team Experience Understanding of Project Scope Price Price (20 points) 20 12 Total 97.67 85 RFP No. 180 Appraisal Services for Corpus Christi International Airport Technical Proposal Results Interview Results Firm Names Committee Member#1 Committee Member#2 Committee Member#3 Average 1. Aviation Management Consulting Group 1. Aviation Management Consutling Group 50 47 49 48.67 Project Analyst $140.00 2. Airport Business Solutions 48 45 48 47 Interview Results Pricing Points Firm Names Committee Member#1 Committee Member#2 Committee Member#4 Average 1. Aviation Management Consulting Group 1. Aviation Management cons 29 29 29 29 Project Analyst $140.00 2. Airport Business Solutions 27 25 26 26 Pricing Points **The points are based on --- the Proposer with the lowest average price is given the full 20 points, the other Proposer received a proportional share of the points based on the ration of their average price to the lowest price. Formula used: $187.50/$312.50=0.6*20 points=12 points Firm Names Loaded Price with travel Points 1. Aviation Management Consulting Group Principal $260.00 Consultant $200.00 Project Analyst $140.00 Teaming Partner $150.00 Average $187.50 20 2. Airport Business Solutions Principal Per Hour $375.00 VP/Staff $250.00 Average $312.50 12 **The points are based on --- the Proposer with the lowest average price is given the full 20 points, the other Proposer received a proportional share of the points based on the ration of their average price to the lowest price. Formula used: $187.50/$312.50=0.6*20 points=12 points SERVICE AGREEMENT NO. 940 Appraisal Services for Corpus Christi International Airport THIS Appraisal Services for Corpus Christi International Airport Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Aviation Management Consulting Group ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Appraisal Services in response to Request for Bid/Proposal No. 180 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFS/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Appraisal Services for the Corpus Christi International Airport ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 60 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to zero additional zero -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $140,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Page 1 of 7 cro' 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Mario Tapia Aviation Department 361-289-0101 ext. 1292 MarioT@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Page 2 of 7 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. if immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that if has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Page 3 of 7 i'' Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Mario Tapia Assistant Director of Aviation 1000 International Drive, Corpus Christi, Texas 78406 Fax: 361-826-4533 IF TO CONTRACTOR: Aviation Management Consulting Group Attn: Jeff Kohlman Managing Principal 9085 E. Mineral Circle, Suite 315, Centennial, Colorado 80112-3499 Fax: 303-792-2751 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST Page 4 of 7 (\• 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 IF CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the Page 5 of 7 lc- City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments 8. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 6 of 7 NI CONTRACTOR __.-- Signature: --'fcr6L---1/ 1 ‘ Printed Name: -___Cc A. .howiwy. Title: MOAOL Date: 5/7 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment 13: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 180 Exhibit 2: Contractor's Bid/Proposal Response • .11 'ed as to o'r :5 )7/17 AssliAdf Att. '1" 14 For ar y Attorneyney Page 7 of 7 Attachment A: Scope of Work 1. Background A. In anticipation of a number of changes in leases and uses of parcels over the next five year period, the Contractor will provide various appraisal tasks upon direction from the Contract Administrator to accommodate these changes. For each scope of work/task order, the City reserves the right to negotiate the specific assignment on either a lump sum or time and material basis. B. While specific assignments will be determined at the time of need, it is anticipated that the following tasks represent potential tasks to be accomplished during the five (5} year period: Update of the 2011 appraisal for all airport parcels and buildings. Valuation of a newly developed office and hangar complex to establish a fair market value. Valuation of two (2) FBO complexes upon expiration of the Base Lease Term. Valuation of vacated hangars and other aviation related facilities that revert to the City at the end of the lease term. • Valuation of a new Coast Guard office and hangar facility to be completed in 2017 that will ultimately revert to the City. C. These projects are expected assignments and are not intended to be definitive assignments. The City and Contractor will negotiate a specific scope and budget for the agreed to assignments prior to commencement of each scope of work/task order. 2. Scope of Work A. The anticipated appraisal services may include the following: 1. Fair market sales value of improvements based on comparable facilities and business terms, showing a separate value for land, each facility/capital improvement, hangar, apron, parking lot surface improvements, and the fuel farm improvements. The Appraisal shall contemplate that the improvements will revert to the City in the future at the end of 20, 25 and 30 year terms and shall include a projection of the financial impacts associated with each term length. The Appraisal should anticipate that the leases are on a "triple net" basis. Page 1 of 5 ct 2. Fair market rental value of all land, as if unimproved; improved; aviation with airfield access; aviation without airfield access; and commercial non -aviation without airfield access. 3. Fair market rental value of the aircraft apron. 4. Fair market rental value of the parking lot surface improvements. B. The detailed approach for establishing the appraised value, i.e., replacement cost, income stream, or comparable market sales of small hub category airports in Texas and the surrounding region, with an explanation of benefits and drawbacks relevant to each approach that is not recommended, along with the benefits and limitations of the recommended approach or combination of approaches for each scenario, relevant to this property. C. The appraisal assignment shall be done, and the appraisal shall conform with, the Uniform Standards of Professional Appraisal Practice ("USPAP"). FAA Order 5190.6B, and CFR 24.103 and CFR 24.104 should be considered resources also, as well as the guidelines set out in 49 CFR Part 24/Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -Assisted Programs; and Uniform Standards for Federal Land Acquisitions ("Yellow Book"). D. Current Properties on Airport Include: 1. Parcel B1 (Industrial Park) = 102.36 Acres (4,458,939.76 SF) 2. Parcel C1 (East Landside Parcels) = 98.75 Acres (4,301,638.15 SF) 3. Parcel C2 (East Landside Parcels) = 50.21 Acres (2,187,105.44 SFI 4. West General Aviation Office Buildings: • WGA OF -1 o Single -Story o 3,105 SF o Built in 1962 o Atlantic Aviation Terminal o Has public lounge, pilot lounge, flight planning room, service desk, vending area, offices and conference room. • WGA OF -2 o Two -Story o 4,860 SF o Built in 1962 Page 2 of 5 (V- o Sub -leased to Advantage Aircraft o First Floor Facilities: Offices, Radio Shop, Fabrication Shop, General Shop, Parts Storage, Loading Dock, and a Break Room. o Second Floor: Used for storage Hangars: • WGA H-1 = 14,000 SF • WGA H-2 = 14,000 SF • WGA H-3 = 11,500 SF Ramp: • Apron - 466,514 SF • 57 Fixed Wing Tie -Downs • 10" Thick Concrete Fuel Farm: • Apron - 11,246 SF • Fuel Tanks o 2 - 12,000 Gallon JET -A o 1 - 10,000 Gallon AV -GAS o 1 - 50 Gallon Unleaded • Fuel Trucks o 1 - 5,000 Gallon JET -A o 1 - 3,000 Gallon JET -A o 1 - 2,500 Gallon JET -A o 1 - 1,000 Gallon AV -GAS Miscellaneous: • Asphalt Parking - 61,823 SF • Undeveloped Land {Grass) - 170,087 SF • Fencing -- 950 Linear Feet 5. East General Aviation Office Building: • EGA OF -1 o Single -Story o 4,900 SF o Circa 1990 o Signature Flight Support Terminal o Has public lounge, pilot lounge, flight planning room, service desk, vending area, offices and conference room. • EGA OF -2 o Single -Story o 2,500 SF Page 3 of 5 Ci°L- o Circa 1970 o Southwest Cargo Offices o Offices • EGA OF -3 o Single -Story O 4,365 SF o Circa 1970 o Signature Flight Support Operations & Maintenance o Offices, Storage areas • EGA OF -4 o Single -Story o 4,365 SF o Circa 1970 o Subleased to Ocean Air Center LLC o Mechanics Shop • EGA OF -5 o Single -Story O 2,824 SF o Circa 1980 o Subleased to Al Dodds Aviation o Offices • EGA OF -6 o Single -Story O 5,842 SF o Circa 1980 o Subleased to CC Flight School o Flight School Hangars: • EGA H-1 = 28,047 SF • EGA H-2 = 10,921 SF • EGA H-3 = 33,029 SF Ramp: • Apron - 354,765 SF • 30 Fixed Wing Tie -Downs Fuel Farm: • Apron - 4,776 SF • Fuel Tanks O 3 - 12,000 Gallon JET -A O 1 - 12,000 Gallon AV -GAS O 1 - 2,000 Gallon Unleaded • Fuel Trucks Page4of5 o 1 - 5,000 Gallon JET -A o 1 - 3,000 Gallon JET -A o 1 - 750 Gallon AV -GAS Miscellaneous: • Asphalt Parking -86,766 SF • Undeveloped Land (Grass) - 140,948 SF • Fencing - 700 Linear Feet Page 5 of 5 cek 1852 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP No. 180 Appraisal Services for Corpus Christi International Airport DATE: 02/17/2017 Aviation Management Consulting Group, Inc. PROPOSER PAGE 1 OF 1 AUT ORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing your pricing. 2. Quote your best price. 3. In submitting this pricing form, Proposer certMes that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer 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. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION HOURLY RATE UNIT 1.0 Loaded Hourly Rate to complete appraisal tasks HR Principal $260 Task orders will be either lump sum or cost Consultant $200 reimbursable at the proposed hourly rate. Project Analyst $140 The rate will be a set rate for the first 12 months, an allowable increase of up to 2% will be built In for the remaining twelve month periods. Teaming Partner $150 Page 1 of 1 Attachment C: Insurance/Bond Requirements INSURANCE REQUIREMENTS 1. 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 2 of this attachment. $500,000/$500,000/$500,000 Page 1 of 3 a, PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $1,000,000 Each Policy Year Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 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. 2. 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; Page 2 of 3 ci- • 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. 2017 Insurance Requirements Purchasing - Aviation Appraisal Services 05/04/2017 sw Risk Management Page 3 of 3 di' Attachment D: Warranty Requirements Warranty is not required for the service, item 8. Warranty. Is not applicable. Page 1 of 1 ct CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-208799 Date Filed: 05/17/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Aviation Management Consulting Group, Inc. Centennial, CO United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 940 Appraisal Services for Corpus Christi International Airport 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Kohlman, Jeff Centennial, CO United States X 5 Check only if there is NO Interested Party. ■ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. KATELYN WATSON Notary Public - State of Colorado Notary ID 20164048610 My Commission Expires Dec 27, 2020 t h 1 0 Signatu of1.14-c riz agent of contracting business entity lltr 1 , this the 11 day of �tAft/ , AFFIX Sworn 20 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said Te* Y c \r\{Y t J , to certify which, witness my hand and seal of office. _ Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics,state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: May 17, 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 Application for Financial Assistance from the Texas Water Development Board CAPTION: Resolution requesting financial assistance from the Texas Water Development Board for the refunding of City obligations incurred by the City under Federal Contract No. 6- 07-01-X0675 by and among the City, the United States of America, and the Nueces River Authority; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from its Water Development Fund; and other matters in connection therewith. PURPOSE: The City of Corpus Christi is interested in refunding Utility System revenue obligations related to Choke Canyon Dam with City -issued refunding bonds to be purchased by the Texas Water Development Board through its Water Development Fund. The Water Development Fund (DFund) is a state -funded loan program that provides financing for various types of infrastructure projects. It does not receive federal subsidies and is not subject to federal crosscutters. The DFund enables the Texas Water Development Board to fund multiple eligible components in one loan to its borrowers. The interest rate on a DFund loan varies depending on market conditions. The lending rate scales are set at approximately the TWDB's borrowing cost and are intended to provide reasonable rates for TWDB customers while covering the TWDB's cost of funds and risk exposure. The City is seeking authorization to submit an application to the Texas Water Development Board for financial assistance (in the form of the Texas Water Development Board's commitment to purchase the City's refunding bonds) in an amount not to exceed $50,000,000. This amount includes the Texas Water Development Board's bond origination fees and other costs of issuance, as well as the amount necessary to repay the Refunded Bonds. BACKGROUND AND FINDINGS: On March 28, 2017, the City Council authorized the issuance of "City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds" in an amount not to exceed $77,520,000. These Utility System revenue obligations related to Choke Canyon Dam, as well as any callable, outstanding Utility System Revenue Bonds in an amount not to exceed $77,520,000. This agenda item addresses refunding the Choke Canyon Dam portion of that authorization. The interest rate charged by the TWDB is based on the TWDB's cost of funds sold with the State of Texas' General Obligation AAA rating. The lending rate scales reasonable rates for TWDB customers that cover TWDB's cost of funds and risk exposure. Utilization of the Texas Water Development Board funding option is being recommended especially since we are in an environment where interest rates are expected to rise, and the interest rate that will be charged for these obligations is based on a AAA rating — which is a higher rating than the City's AA-/Aa3 rating for its utility priority lien bonds and A+/A1 for the City's junior lien utility bonds — resulting in a lower interest rate. Additionally, the TWDB has agreed to issue these bonds at a third lien — which will remain subordinate to the junior lien bonds - as the bonds currently are - and so issuance of these bonds will not "eat" into our debt capacity for the utility junior lien bonds. Additionally, savings will be realized since no bond ratings will be required and no underwriters' discount will be paid since the bonds will be purchased by the TWDB. This agenda item is requesting approval to submit an application with the Texas Water Development Board seeking financial assistance in the form of its purchase of the City's refunding bonds. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Bond Counsel • City Attorney's Office • Financial Services • Utilities Department FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - $ - - $ - BALANCE - $ - - $ - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD FOR THE REFUNDING OF CITY OBLIGATIONS INCURRED BY THE CITY UNDER FEDERAL CONTRACT NO. 6-07-01-X0675 BY AND AMONG THE CITY, THE UNITED STATES OF AMERICA, AND THE NUECES RIVER AUTHORITY; AUTHORIZING CITY STAFF AND CONSULTANTS TO COORDINATE THE SUBMISSION OF THE APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR FUNDING FROM ITS WATER DEVELOPMENT FUND; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Corpus Christi, Texas (the City) deems it necessary to apply to the Texas Water Development Board (the Board) for financial assistance; and WHEREAS, in accordance with the rules and regulations of the Board, which govern the procedures in making such an application, the governing body of the City is required to pass a resolution to accompany such application; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: 1. The City hereby requests that the Board, from its Water Development Fund, grant financial assistance to the City in the amount not to exceed $50,000,000 by the purchase of obligations of the City (the Refunding Bonds), and the receipt of the largest amount of grant funds lawfully available from the Board, for refunding certain of the City's outstanding debt obligations, being those obligations incurred under Federal Contract No. 6-07-01-X06785 by and among the City, the United States of America, and the Nueces River Authority, the proceeds of such obligations having been expended for the purposes of constructing improvements relating to the Nueces River Project authorized by Public Law 93-493. The Refunding Bonds will be issued by the City in one or more series. 2. The City Manager or Director of Financial Services of the City is hereby authorized to execute and submit to the Board the application for such financial assistance, and the City Manager or Director of Financial Services of the City, together with bond counsel, financial advisors and consulting engineers named in such application, are authorized to appear before the Board in support of such application and to make the required assurances and representations to the Board in accordance with the rules, regulations, and policies of the Board. 3. A certified copy of this Resolution shall be attached to the application for financial assistance herein authorized to be prepared and submitted to the Board, and the City Secretary of the City is authorized and directed to prepare and certify such number of copies of this Resolution as may be required for purposes of supporting the submission of such application to the Board. 82503948.1 4. 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 City. 5. All 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. 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 7. 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 City hereby declares that this Resolution would have been enacted without such invalid provision. 8. 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. 9. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 82503948.1 -2- PASSED, ADOPTED AND APPROVED on the 23rd day of May, 2017. Attest: City Secretary (SEAL) APPROVED THIS 23RD DAY OF MAY, 2017: City Attorney 82503948.1 -3- CITY OF CORPUS CHRISTI, TEXAS Mayor THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI § § § § § 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 23rd day of May, 2017, authorizing the City to request financial assistance from the Texas Water Development Board, 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 23RD DAY OF MAY, 2017. 82503948.1 -4- City Secretary ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas PASSED AND APPROVED, this the 23rd day of May, 2017 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Council Member 82503948.1 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of May 23, 2017 Regular Agenda Item for the City Council Meeting of June 13, 2017 DATE: TO: Margie C. Rose, City Manager May 9, 2017 FROM: Alyssa M. Barrera, Business Liaison AlyssaB©cctexas.com (361) 826-3356 E. Jay Ellington, Director of Parks and Recreation JayEll@cctexas.com (361) 826-3042 Resolution to support Downtown Management District's application for the Texas Commission on the Arts Cultural District Designation CAPTION: Resolution supporting the Downtown Management District's application for the designation of a Cultural District and authorizing the certification of a Cultural District to be named Downtown Corpus Christi Cultural District for at least ten (10) years. PURPOSE: The purpose of this item is to support the Downtown Management District (DMD) in their application to the Texas Commission on the Arts (TCA) Main Street Program (TMSP). BACKGROUND AND FINDINGS: As authorized by H.B. 2208 of the 79th Legislature, the Texas Commission on the Arts (TCA) can designate cultural districts in cities across Texas. Cultural districts are special zones that harness the power of cultural resources to stimulate economic development and community revitalization. These districts can become focal points for generating businesses, attracting tourists, stimulating cultural development and fostering civic pride. Goals of Cultural District Program TCA recognizes that a thriving creative sector is a powerful economic development asset. Cultural district development is one strategy that helps a community boost their economies while realizing other cultural and civic benefits. The outcomes of cultural districts extend beyond the arts and benefit all members of a community. • Attracting artists and cultural enterprises to the community. • Encouraging business and job development. • Address specific needs of a community. • Establishing tourism destinations. • Preserving and reusing historic buildings. • Enhancing property values. • Fostering local cultural development. ALTERNATIVES: The alternative is not to support the DMD's Application. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: This is a routing, non -controversial item. DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: By supporting this Resolution, the City is not obligated for any finances beyond what is budgeted annually for the DMD Interlocal Agreement. RECOMMENDATION: Staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution — Downtown Corpus Christi Cultural District Texas Cultural District Program Overview RESOLUTION SUPPORTING THE DOWNTOWN MANAGEMENT DISTRICT'S APPLICATION FOR THE DESIGNATION OF A CULTURAL DISTRICT AND AUTHORIZING THE CERTIFICATION OF A CULTURAL DISTRICT TO BE NAMED DOWNTOWN CORPUS CHRISTI CULTURAL DISTRICT FOR AT LEAST TEN (10) YEARS. WHEREAS, The Downtown Management District (DMD) Board passed a resolution on May 18, 2017, in support of a cultural district, to be named Downtown Corpus Christi Cultural District, which will assist the district and community to develop a public-private partnership to support said district; WHEREAS, The Texas Commission on the Arts will be petitioned to designate said cultural district; and WHEREAS, the City Council wishes to support the DMD's application for the designation of said cultural district and authorize certification of the cultural district for at least ten years. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Being in the public interest of the City of Corpus Christi to support the development and diversification of the economy of this City as will be accomplished by the designation of the Downtown Corpus Christi Cultural District, the City agrees and authorizes SECTION 1. That the City of Corpus Christi endorses the submission of the DMD's application and agrees to participate in the development and financial support of said cultural district; SECTION 2. That the City of Corpus Christi endorses the goal of economic development of said cultural district within the context of preservation and rehabilitation of our historic buildings; SECTION 3. That the City of Corpus Christi endorses the goal of tourism development of said cultural district within the context of contributing to the overall visitor development goals of the City; SECTION 4. That the City of Corpus Christi will appoint a city official to represent the City on the steering committee of said cultural district; SECTION 5. That, by this action, the City Council directs City staff to actively support and cooperate with governing board to develop and maintain said cultural district; SECTION 6. That, by this action, the City Council requests all residents of the City and especially those citizens who own property or businesses within said cultural district to support, promote, and help maintain activities and events in said district; and SECTION 7. That the City of Corpus Christi authorizes the certification of a cultural district to be named Downtown Corpus Christi Cultural District to continue for at least ten years. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guaj ardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Council Member DOWNTOWN MANAGEMENT DISTRICT C O R P lP S CHRISTI Texas Cultural District Program Overview As authorized by H.B. 2208 of the 79th Legislature, the Texas Commission on the Arts (TCA) can designate cultural districts in cities across Texas. Cultural districts are special zones that harness the power of cultural resources to stimulate economic development and community revitalization. These districts can become focal points for generating businesses, attracting tourists, stimulating cultural development and fostering civic pride. Goals of Cultural District Program TCA recognizes that a thriving creative sector is a powerful economic development asset. Cultural district development is one strategy that helps a community boost their economies while realizing other cultural and civic benefits. The outcomes of cultural districts extend beyond the arts and benefit all members of a community. • Attracting artists and cultural enterprises to the community. • Encouraging business and job development. • Address specific needs of a community. • Establishing tourism destinations. • Preserving and reusing historic buildings. • Enhancing property values. • Fostering local cultural development. Downtown Corpus Christi Cultural District The Downtown Corpus Christi Cultural District is the civic, corporate and cultural hub of the city. It is bounded by Corpus Christi Bayfront on the east. It is bounded by Furman Ave. on the south, and Tancahua St. on the west traveling northward to the Ship Channel. In addition, it is bounded by St. Rd. 181 north across the Harbor Bridge to Timon Ave. on North Beach. The Cultural District includes a number of successful Downtown neighborhoods that are a short walk or 5 -minute drive from each other including: • Water's Edge (Bayshore Park) • Marina Arts District • Uptown • SEA District • North Beach Benefits to Downtown Corpus Christi • Bring prestige to Corpus Christi and Downtown and highlight the compelling collection of arts and cultural attractions Downtown has to offer visitors and residents. • Help the Downtown community to focus messaging and develop strategic marketing partnerships that promote the critical mass of cultural offerings in a walkable, pedestrian -friendly environment. • Obtain buy in and focus funding from City and County leaders, not -for profits and private funders to support making Downtown a vibrant cultural center and significant economic generator. • Assist with attracting new businesses, development projects, and artists. • Grow tourism and increase sales and HOT funds leading to significant economic growth and increased employment in the cultural and hospitality sectors. MARINA MANAGED BY CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT ARTS DISTRICT 223 N Chaparral St., STE A Corpus Christi, TX 78401 P: 361-882-2363 I F: 361-884-9591 marinaarts.com AGENDA MEMORANDUM Future Item for the City Council Meeting of May 23, 2017 Action Item for the City Council Meeting of May 30, 2017 DATE: TO: May 12, 2017 Margie C. Rose, City Manager THRU: Keith Selman, Assistant City Manager KeithSe@cctexas.com (361) 826-3898 FROM: Jay Ellington, Director Parks & Recreation jayell@cctexas.com (361) 826-3476 Contract for Professional Services Packery Channel Monitoring CAPTION: Motion authorizing the City Manager, or designee, to execute a contract for professional services with Texas A & M University - Corpus Christi (TAMU-CC) in the amount of $257,745 for Packery Channel Monitoring. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an agreement with TAMU-CC to continue monitoring services of Packery Channel. BACKGROUND AND FINDINGS: The Packery Channel provides an outstanding feature for our community for natural habitat, navigation and recreational opportunities. The Channel monitoring was a USACE Permit requirement to study the effects of tidal flow and eddy currents that cause shoaling and scour. This information is then used to determine future dredging requirements to maintain the navigable waterway. The monitoring began in 2003 with Texas A&M University - Corpus Christi (TAMU-CC) as part of the City's initiative to support research based management of this system. As a result of the monitoring, it was discovered that the anticipated dredging requirements were substantially different than originally projected. The scour from the eddy currents and tidal flows better "flush" channel and change the rate of sedimentation and therefore the dredging frequency. The monitoring program consists of three seasonal investigations of the shoaling and scour in the channel and mouth to the Gulf of Mexico. The information helps the City to determine the optimal time and areas to dredge to avoid early dredging and unnecessary cost. The post - dredge allows evaluating the effectiveness of the dredging. The information is also critical to navigation safety and placement of navigation aids, beach nourishment planning, structural stability assessment for coastal structures and other channel features. This proposed agreement will provide for the monitoring of Packery Channel commencing in Summer 2017 through Spring 2018 (one monitoring year). ALTERNATIVES: 1. Approve the Agreement with TAMU-CC as proposed. 2. Do not approve the Agreement with TAMU-CC as proposed. OTHER CONSIDERATIONS: On March 7, 2017, the Island Strategic Action Committee (ISAC) recommended a one year agreement for City Council consideration. CONFORMITY TO CITY POLICY: The contract and selection process complies with Professional Procurement Act, City Policy, statutes regarding Fiscal Year 2016-2017 Capital Improvement Budget, and conforms to the appropriation and use requirements of ISAC and the Tax Increment Reinvestment Zone (TIRZ) No. 2. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $510,000.00 $510,000.00 Encumbered / Expended Amount This item 257,745.00 257,745.00 Future Anticipated Expenditures 8,150.00 8,150.00 BALANCE $244,105.00 $244,105.00 Fund(s): Packery Channel Projects TIF #2 COMMENTS: This agreement will result in an expenditure not to exceed $257,745. RECOMMENDATION: City staff recommends the approval the Agreement for Professional Monitoring be awarded to TAMU-CC. LIST OF SUPPORTING DOCUMENTS: Contract Project Budget Location Map Presentation PROJECT BUDGET Packery Channel Monitoring 2017-2018 (Project No. E16336) PROJECT FUNDS AVAILABLE: Packery Channel Projects TIF #2 CIP Budget Year 2016-2017 510,000 FUNDS REQUIRED: Professional Services Fees: Investigator (Texas A & M - Corpus Christi) 257,745 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) (.5%) 2,550 Engineering Services (Project Mgmt) (1%) 5,100 Misc 500 TOTAL 265,895 ESTIMATED PROJECT BUDGET BALANCE 244,105 Project Location LOCATION MAP NOT TO SCALE N Packery Channel Monitoring Contract 2017-2018 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF ENGINEERING SERVICES PAGE 1OF1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E16336 Packery Channel Monitoring The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Texas A&M University— Corpus Christi, a Texas public university, 6300 Ocean Dr., Corpus Christi, Nueces County, Texas 78123, (TAMU-CC), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — SCOPE OF SERVICES 2 ARTICLE 11 — COMPENSATION 2 ARTICLE III — TIME AND PERIOD OF SERVICE 3 ARTICLE IV — INSURANCE REQUIREMENTS 3 ARTICLE V — TERMINATION OF AGREEMENT 4 ARTICLE VI — RIGHT OF REVIEW AND AUDIT 5 ARTICLE VII — OWNER REMEDIES 5 ARTICLE VIII — TAMU-CC REMEDIES 5 ARTICLE IX — CLAIMS AND DISPUTE RESOLUTION 5 ARTICLE X — MISCELLANEOUS PROVISIONS 7 Page 1 ARTICLE I — SCOPE OF SERVICES 1.1 TAMU-CC shall provide to City its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The approved Scope of Services defines the services to be performed by TAMU-CC under this Agreement. 1.2 TAMU-CC shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 TAMU-CC shall use reasonable efforts to provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by TAMU-CC to perform work pursuant to this Agreement shall be employees or subcontractors of TAMU- CC. TAMU-CC must provide City with a list of all subcontractors that includes the services performed by subcontractor. Changes in TAMU-CC's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 TAMU-CC shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either TAMU-CC or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 TAMU-CC will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. ARTICLE II — COMPENSATION 2.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $257,745. 2.2 TAM U -CC's fee will be on a lump -sum basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services, with invoices to be submitted three times yearly in conjunction with seasonal surveys. 2.3 TAMU-CC agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 2.4 The Director of Engineering Services may request the TAMU-CC to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. TAMU-CC shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 2.5 Invoices submitted or supporting documentation must contain contract amounts, current invoice, previous invoice total, remaining balance, and percent complete. City will make prompt payments in response to TAMU- CC's invoices. Missing information may result in delay of payments. 2.7 TAMU-CC certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. TAMU-CC further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of TAMU-CC's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of TAMU-CC or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. 2.8 The final payment due hereunder shall not be paid until all deliverables have been received by City. Final billing shall indicate "Final Bill — no additional compensation is due to TAMU-CC." Page 2 2.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which TAMU-CC is responsible, because of: 2.9.1 delays in the performance of TAMU-CC's work; 2.9.2 failure of TAMU-CC to make payments to subcontractors or vendors for labor, materials or equipment; 2.9.3 damage to City; or 2.9.4 persistent failure by TAMU-CC to carry out the performance of its services in accordance with this Agreement. 2.10 When the above reasons for withholding are removed or remedied by TAMU-CC, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 2.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, TAMU-CC shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event TAMU-CC does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 2.12 Request of final compensation by TAMU-CC shall constitute a waiver of claims except those previously made in writing and identified by TAMU-CC as unsettled at the time of final Payment Request. 2.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct TAMU-CC to suspend work pending receipt and appropriation of funds. ARTICLE III — TIME AND PERIOD OF SERVICE 3.1 This Agreement shall be effective upon the signature of an authorized representative of TAMU-CC, the signature of the City Manager or designee (Effective Date) and approval of City Council. 3.2 This service shall be for a period of one year beginning on the Effective Date. 3.3 TAM U -CC agrees to begin work on those authorized Services for this Agreement upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by TAMU-CC and written authorization is provided by the Director of Engineering Services. 3.4 Time is of the essence for this Agreement. TAMU-CC shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. TAMU-CC and City are aware that many factors may affect the TAMU-CC's ability to complete the services to be provided under this Agreement. TAMU-CC must notify the City within three business days of becoming aware of a factor that may affect TAMU-CC's ability to complete the services hereunder. 3.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. ARTICLE IV — INSURANCE REQUIREMENTS Page 3 4.1 TAMU-CC must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. TAMU-CC must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. The City understands that TAMU- CC is a governmental entity with certain protections under state law. The City will accept a self-insurance coverage letter from TAMU-CC in lieu of the certificate of insurance required by EXHIBIT C. 4.2 TAMU-CC must not allow any subcontractor to commence work until all insurance required of any subcontractor has been obtained. Minimum Insurance Requirements are shown in EXHIBIT C. ARTICLE V — TERMINATION OF AGREEMENT 5.1 By TAMU-CC: 5.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. TAMU-CC may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 5.1.2 TAMU-CC must follow the Termination Procedure outlined in this Agreement. 5.2 By City: 5.2.1 The City may terminate this Agreement for convenience upon seven days' written notice to TAMU- CC at the address of record. 5.2.2 The City may terminate this Agreement for material breach of this Agreement upon ten days' written notice to TAMU-CC identifying the breach in reasonable detail. If TAMU-CC begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently work to cure such breach within the ten days, the Agreement will not terminate. If TAMU-CC again fails to perform under this Agreement, the City may terminate the Agreement for cause upon seven days' written notice to the TAMU-CC with no additional cure period. If the City terminates for cause, the City may reject any and all proposals, for the Packery Channel Monitoring Program submitted by TAMU-CC for up to two years. 5.3 Termination Procedure 5.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or TAMU-CC takes action to cure a failure to perform under the cure period, TAMU- CC shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless TAMU-CC has successfully cured a failure to perform, TAMU-CC shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 5.3.2 TAMU-CC shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 5.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, City shall reimburse TAMU-CC for all costs and non -cancelable commitment incurred in the performance of the services up to the effective date of termination, not to exceed the maximum cost specified in Section 2.1. There will be no compensation for anticipated profits on services not completed. 5.3.4 TAMU-CC acknowledges that City is a public entity and has a duty to document the expenditure of public funds and TAMU-CC shall reasonably cooperate with City's efforts to comply with such duty. Page 4 ARTICLE VI — RIGHT OF REVIEW AND AUDIT 6.1 TAMU-CC grants City, or its designees, the right to audit, examine or inspect, at City's election, all of TAMU- CC's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. TAMU-CC agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 6.2 TAMU-CC's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (TAMU-CC's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and TAMU-CC's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 6.3 City agrees that it shall exercise the right to audit, examine or inspect TAMU-CC's Records only during TAMU-CC's regular business hours. TAMU-CC agrees to allow City's designee access, upon reasonable advance written notice, to all of TAMU-CC's records reasonably necessary for City or its designee(s), to perform such audit, inspection or examination. TAMU-CC also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 6.4 TAMU-CC shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE VII — OWNER REMEDIES 7.1 The City and TAMU-CC agree that in the event the City suffers actual damages as a result of material breach of this Agreement by TAMU-CC, the City may elect to pursue its actual damages and any other remedy allowed by law. ARTICLE VIII —TAMU-CC REMEDIES 8.1 If TAMU-CC is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond TAMU-CC's reasonable control, then the City shall excuse the failure for the duration of the event and for such a time as is reasonable to allow TAMU-CC to resume performance under this Agreement. 8.2 If TAM U -CC requests a remedy for a condition not specified above, TAMU-CC must file a Claim as provided in this Agreement. ARTICLE IX — CLAIMS AND DISPUTE RESOLUTION 9.1 Filing of Claims 9.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Page 5 9.1.2 Every Claim of TAMU-CC, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the TAMU-CC by his/her signature, verifying the truth and accuracy of the Claim. 9.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 9.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to TAMU-CC. If TAMU-CC is not satisfied with the proposal presented, TAMU-CC will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 9.2 Alternative Dispute Resolution 9.2.1 All negotiations pursuant to this clause are confidential to the extent allowed by law and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 9.2.2 Before invoking mediation, the parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a party delivers a written notice of such dispute, then the parties shall proceed with the mediation process contained herein. 9.2.3 Mediation 9.2.3.1 In the event that City or TAMU-CC shall contend that the other has committed a material breach of this Agreement, the party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 9.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 9.2.3.3 In the event City and TAMU-CC are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 9.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 9.3 City shall use the dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General to attempt to resolve any claim for a breach of contract made by the City that cannot be resolved in the ordinary course of business. City shall submit written notice of a claim of breach of contract to TAMU-CC's designated official, who will examine City's claim and any counterclaim and negotiate with City in an effort to resolve the claim. 9.4 TAMU-CC and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. To the extent authorized by law, both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Page 6 9.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE EITHER PARTY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE X — MISCELLANEOUS PROVISIONS 10.1 Use of Local Expertise/Local Professional Participation. The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 10.2 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for duties delegated to personnel of TAMU-CC staff. This includes subcontracts entered into for services under this Agreement. No part of the TAMU-CC fee may be assigned in advance of receipt by the TAMU-CC without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10.3 Ownership of Intellectual Property. 10.3.1 "Intellectual Property" means know-how, copyrights, patents, trade secrets, ideas, thoughts, concepts, processes, techniques, data, development tools, models, drawings, specifications, prototypes, inventions, software, and other intellectual property. 10.3.2 "Project IP" means all Intellectual Property that is authored or conceived and reduced to practice in the performance of this Agreement. 10.3.3 Ownership of Project IP will be as follows: 10.3.3.1 Title to any Project IP made or conceived solely by TAMU-CC personnel vests in TAM U -CC. 10.3.3.2 Title to any Project IP made or conceived solely by City personnel vests in City. 10.3.3.3 Title to any Project IP made or conceived jointly by personnel of both TAM UC - CC and City ("Joint IP") vests jointly in TAMU-CC and City. 10.3.4 In the absence of a written agreement to the contrary, TAMU-CC and City will be independent owners of any corresponding patent rights in any Joint IP under 35 USC §262 with no obligation of accounting to one another. 10.3.5 TAMU-CC grants City an irrevocable, royalty -free, non -transferable, nonexclusive right and license to use, reproduce, display, perform and otherwise practice without restriction any copyrightable materials (technical data, reports, etc.) delivered by TAMU-CC under this Agreement. 10.3.6 Nothing in this Agreement grants either party any rights to any of the other party's Intellectual Property that is not Project IP. Page 7 10.4 Standard of Care. Services provided by TAMU-CC under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent professional. 10.5 Disclaimer of Warranties. TAMU-CC makes no warranties, express or implied, as to any matter, including, without limitation, warranties as to the conduct, completion, success or particular results of the Project, or the condition, ownership, merchantability, or fitness for a particular purpose of the Project results or any Project IP or that the use of any Project IP or Project results will not infringe any intellectual property right of a third party. 10.6 Licensing. TAMU-CC shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 10.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and TAMU-CC and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and TAMU-CC. 10.8 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 10.9 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 10.10 Conflict Resolution Between Documents. TAMU-CC hereby agrees and acknowledges if anything contained in TAMU-CC-prepared Exhibit A, Scope of Services or in any other document prepared by TAMU-CC and included herein, is in conflict with the terms of this Agreement, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 8 CITY OF CORPUS CHRISTI TEXAS A & M UNIVERSITY — CORPUS CHRISTI Keith Selman Date Luis A. Cifuentes Assistant City Manager Vice -President, Division of Research, Commercialization and Outreach 6300 Ocean Drive, Unit 58436 Corpus Christi, TX 78412-5843 (361) 825-3881 Office (361) 825-3920 Fax research.office@tamucc.com APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Project No. E16336 Accounting Unit: 3278-717 Account: 550950 Activity: E16336013278EXP Account Category: 50950 Fund Source Name: Packery Channel TIF#2 $257,745.00 Encumbrance No. Date Page 9 Packery Channel Monitoring Program 2017/2018 Project Tasks and Cost Estimate May 12, 2016 (Revised: April 09, 2017) Upper Laguna Madre "Dog Leg" "w!' Nenport Mollie Beattie Gess Coastal Habitat Community Mustang Island Inland Channel Segmenthn ry NV? ? 351 Deposition Basin LEGEN D Elevation. ft CNAVD88} MSL=+ 0.48ft (NAVDSSy North Padre Island Packe Chan Lake Padre Holiday Packery Channel Monitoring Area: Channel and nearshore morphology (Sep 2016) Submitted to: The City of Corpus Christi Submitted by: Deidre D. Williams The Conrad Blucher Institute for Surveying and Science Texas A&M University -Corpus Christi Page 1 of 21 EXHIBIT A Packery Channel Monitoring Program 2017/2018 Purpose To continue to support the City of Corpus Christi's vested interest in the inlet/beach infrastructure including Packery Channel, North Padre Island Beach and Mustang Island Beach, in addition to sensitive habitat that comprise the Packery Channel System. The City of Corpus Christi will hereafter be referred to as the "City." The monitoring program specifically addresses concerns related to the nourished beach fronting the North Padre Island (NPI) Seawall. The monitoring program supports the City of Corpus Christi's pro -active management of this dynamic system. This proposal describes the monitoring effort for the 12 -month period commencing upon contract execution to include the Winter 2018 Survey. The monitoring program consists of three seasonal assessments of shoaling and scour in the channel and nearshore (Gulf of Mexico), one survey that measures changes in the width/depth of the inland channel segment, and measurement of beach width/volume. The monitoring program has also provided for Disaster Preparedness and investigations that have been identified by the City staff during the monitoring year as well as water current monitoring. The TIRZ Committee did not approve the Disaster Preparedness task (Task 2-5) for the 2017 -monitoring year. All monitoring components that were not approved by the TIRZ Committee are referenced in this proposal so it is clear what was approved by the TIRZ, and what was not approved, along with the implications of not conducted tasks. The components that have been conducted since 2008 but are not included during the 2017 monitoring year are indicated by red font with strikethrough. References to the monitoring components that were not approved by the TIRZ Committee are highlighted in yellow. The following services are provided as related to the key management concerns for the City of Corpus Christi: • Conduct a Summer Seasonal Survey (Coincides with the 2006 construction completion date providing for calculation of annual rate of change since completion for project assessment applicable to the USACE and TGLO performance assessments) • Conduct a Winter Seasonal Survey and assessment of performance (Coincides with completion of first full maintenance dredge (Dredge#1) and beach nourishment as well as peak winter condition) • Conduct a Spring Seasonal Survey and assessment of performance (Represents season of peak shoaling observed since construction) • Provide pre- and post-dredge/nourishment monitoring (Periodic performance assessment) • Provide results of trend analysis for future dredge planning, dredge deferment (Forecasting for dredge planning and conservation of funds) • Advise on navigation safety and placement of aids to navigation (Public safety) • Provide beach nourishment planning and support in coordination with dredge planning (Forecasting beach nourishment planning) • Conduct beach profile and shoreline position surveys in order to qualify for CEPRA grant funding and meet obligations of existing TGLO agreements related to beach width along NPI Seawall (CEPRA #1113) (meet obligations to TGLO CEPRA) 2 EXHIBIT A • Provide for Disaster Preparedness surveys and analysis/guidance (Hurricane Preparedness and response) • Document changes in the Mollie Beattie Coastal Habitat Community (MBCHC) and identify related impact to the adjacent Inland Channel Segment of Packery Channel (Dredge planning) • Maintain active monitoring program consisting of, at a minimum, one annual beach profile survey in order to maintain FEMA reimbursement eligibility (FEMA reimbursement eligibility) • Archive data and provide as needed for application to engineer assessment of structural stability of coastal structures: jetties, revetment, bridge reinforcement (Archival of Historic Data and support of structural assessment) • Provide information appropriate for public awareness and community education/outreach (Public information and outreach) • Maintain water current monitoring stations in Packery Channel and the Gulf Intracoastal Waterway for navigation safety and validation of hydrodynamic models (Future change in channel configuration) • Support and collaborate on coastal projects and concerns in the vicinity of the study area (Coastal system project guidance) • Provide for additional surveys/analysis at the discretion of Council/Staff that arc indicated by seasonal analysis or relevance to the Packery Channel system (new projects). Focus of Monitoring Year 2017 Monitoring and analysis will continue to focus on supporting the following key issues identified for 2017/2018, in order to provide guidance in support of dredge and nourishment planning and adaptive beach management and maintenance operations. Assessment based on analysis of the most recent survey data (Sep/Oct 2016) indicates that dredging to maintain channel navigability should be conservatively anticipated within two (2) years, based on the rate of shoaling measured since the maintenance dredge was completed in Mar 2013 (Williams 2016, 2017). A discussion of the anticipated sand volume required to re- establish the design width of the beach fronting the NPI Seawall is provided by Williams (2016). The following are specific areas of concern/interest over the next monitoring year include: • Entrance Channel Shoaling and Navigation Monitor changes in area of historic localized shoaling in the entrance channel that has previously stimulated the recommendation of two Notices to Mariners (Sep 2011 and July 2014). The most recent summer survey conducted in Sep 2016 (peak in shoals common during this time) and the Feb 2016 (peak season for scour) survey indicated no imminent navigation limitation. Although the depth related to the development of a linear cross- channel sand wave near the channel mouth documented during Sep 2016 will be reassessed during the Winter 2017 survey (planned for Apr 2017 due to delay in contract authorization). • Reduction in Scour at Mouth and Potential for Ebb Shoal Development An additional region of interest is located in the nearshore surrounding the channel mouth where ebb shoal development is common at Texas inlets. An ebb shoal is an elevated feature that typically develops offshore of the mouth of an inlet. The development of 3 EXHIBIT A shoaling at or offshore of the channel mouth occurred at Packery Channel after Hurricane Ike introduced a significant volume of sand into the channel over a few days as sand was purged from the system intermittently until June 2010. Although no persistent shoaling has been identified around or across the channel mouth since the maintenance dredge (Mar 2013); bypassing bar formation has repeatedly developed seasonally, extending from the nearshore region south of the inlet. This seasonal bar development is driven by persistent and strong seasonal forcing out of the southeast during the summer months. Bypassing bars provide an opportunity for the introduction of sand toward and into the inlet mouth. Since the maintenance dredge, longshore bars originating on the north side of the inlet have developed and approached the inlet mouth during the winter season. In addition, deep scour at the mouth has been less developed than after construction, with the shallower nearshore depths merging at the channel mouth. The expansion of the beach (widening) adjacent to the inlet has resulted in an increase in sand volume and impoundment in the nearshore near the north jetty. After a period of stability (2009-2012), the beach on the north side of the inlet has experienced a gradual increase in width and volume (2012-2016). Therefore, the nearshore region surround the inlet is a focus area for the 2017/2018 monitoring year from a beach and inlet management perspective. • Beach Nourishment at North Padre Island Seawall Although 50% of the beach fronting the NPI Seawall is wider than the TGLO defined Target width of 200 ft; 50% of the beach continues to erode and an approximately 1,000 -ft alongshore segment is under 150 ft wide. This segment of the beach is approximately 50% of the design (Target) width established during the beach nourishment completed during the winter of 2012/2013. After an initial year of rapid erosion (approximately 20-30 ft/yr) after the maintenance nourishment, the rate of recession moderated with a period of relative stability observed through Oct 2015. The contribution of purposeful management of sand accreting on the seawall and that generated during beach access maintenance contributed to the previous (2014/2015) period's stability. The rate of recession increased over the 2016 survey year during which no purposeful placement of sand was applied. At the present rate of recession, the shoreline at the south end of the seawall is anticipated to approach the pre -maintenance nourishment baseline (2011) position within two years (Winter 2018/2019). The rate of recession could increase under the influence of tropical storms or other extreme events such as extended periods of high water level and inundation such as observed during spring 2016, which could require action in the form of bollard relocation or adaptive sand management on the part of City Parks and Recreation beach operations staff. Beach stability may be reinforced by the mechanical lateral movement of sand toward the south, as sand is made available during standard maintenance of beach driving lanes within limits of permit authority and Beach Maintenance Plan guidelines. A focus of the 2017/2018 monitoring period will be to quantify the rate of recession over the spring/summer period and identify contributions of any adjustment to beach maintenance practices such as lateral sand redistribution between the south jetty and Whitecap Blvd. If no adaptive sand management techniques are employed it is anticipated that the beach will continue to erode resulting in a greater length of beach meeting the 150 -ft wide Action Width and the bollards will require adjustment northward. 4 EXHIBIT A This component of the water current monitoring has been defined and funded in the Event Category (Task 2-5). The Reinvestment Zone #2 Board (2017) did not approve task 2-5, therefore, this component will not be,funded during 2017. Without continued measurement of water velocity collected through current monitoring, the accuracy of hydrodynamic models that assist in understanding how changes, such as new channels, impact the entire system -- including Packery Channel -- are less accurate and no post -construction Shoreline Change and Increase in Beach Width at North Packery The beach north of Packery Channel, between the north jetty and Newport Pass, experienced a period of accretion and persistent shoreline advance between Sept 2012 and Sep 2016. This resulted in an increase in beach width along this entire, greater than 4,000 ft, stretch of beach. Previously, shoreline advance related to impoundment and sheltering by the jetties did not extend north beyond MM204. In addition, the region between MM204 and Newport Pass was often impassible due to the narrow width of the beach —which was typically less than 100 -ft wide. During this recent period of increasing stability, the beach between MM204 and the Newport Pass nearly doubled in width. According to beach operations staff, this section of beach supported two driving lanes during Spring Break 2017; implemented for the first time in many years due to the significant increase in beach width since 2012. A focus during 2017/2018 will be on investigating how this increase in beach width translates into the nearshore barred region and the potential contribution of the associated increase in sand volume in the nearshore to shoaling at the mouth and potential for transport into the channel mouth. The recent change toward stability in this area is attributed to a both the lack of tropical storm activity in the Gulf along with maintenance practices and may be related to a greater influence of strong winter forcing over the recent winter seasons, between 2012 and 2015, on sediment transport directed toward the south. 2006, prior to the completion of Packery Channel. This data provides information on potential changes in hydrodynamics (water flow) as changes in channel morphology and bank width occur due to shoaling and scour. Additional changes in the channel system aro proposed by local developers including the connection of the Laguna Madre to the Gulf of Mexico via Lake Padre and Packery Channel. The impact of this additional channel on water velocity throughout the connected channel system has not been studied using hydrodynamic models to date. The current monitoring stations provide a baseline data set as well as provide for analysis of change in flow as changes are made to the hydrodynamic system. This data is necessary to validate hydrodynamic models for application to prediction of future changes in flow as planned and future changes are made to the channel system. The funding for these stations was originally provided by the USACE with contributions as recently as 20H. No additional sponsorship is presently available to maintain these stations. Although sponsorship alternatives will continue to be investigated, funding for this component is requested for 2017/2018 to maintain continuity and avoid interruption of data collection. 5 EXHIBIT A assessment of change to flow velocity in Packery Channel will be possible. Scour and removal of sand from the system, which makes dredge deferment possible, is related to the velocity of flow through the channel system. Background • Monitoring began in August 2003, prior to construction (originally a collaboration between TAMUCC/USACE funded by the USACE Galveston District, and the Coastal Hydraulics Laboratory, Coastal Inlets Research Program). • Inlet opened during Hurricane Emily (July 2005), one year prior to completion of construction (October 2006). • Sponsorship of project authority transferred to the City of Corpus Christi (2008). • Initiation of Packery Channel Monitoring Program sponsored by the City of Corpus Christi (2008). • Limited dredge in Deposition Basin at ramp to facilitate boat entry (Jan 2010). • Notice to Mariners issued regarding elevation of Entrance Shoal (Sep 2010). • Dredge #1 (Phase 1) of channel from Deposition Basin to Entrance Channel to within 550 ft of the channel mouth (completed March 2012). Total pay volume was 190,757 cu yd (HDR). Completion of dredge was deferred to Winter 2012/2013 due to start of spring break. • Dredge #1 (Phase 2) of Inner Entrance Channel and Entrance Channel completed to within 550 ft of channel mouth (completed March 2013). Total volume was 48,757 cu yd. Remaining 550 ft of Entrance Channel shoal was not removed and dredging was terminated due to start of spring break. • Notice to Mariners issued regarding elevation of Entrance Channel Shoal (Jul 2014). • No peak in shoaling identified and limited potential for navigation interruption in primary channel from Nov 2014 to Feb 2016. • Across -channel sand wave developed at the end of the summer season Sep 2016. Status of this feature will be assessed during the Winter 2017 Survey to determine if a notice to mariners is indicated at that time. Ongoing Contribution of Program • Program supports pro -active management of the inlet and beach infrastructure by the City of Corpus Christi and meets the criteria of a continuous and consistent monitoring program as applied to submissions for FEMA and CEPRA reimbursement and grants, respectively. • Analysis has supported City decision to defer dredging, originally predicted at an interval of every 1-3 years, to 5 years. Deferred dredging provides an opportunity to conserve funds • Analysis has identified need (shoaling and inland channel segment expansion) for placement of aids to navigation. • Seasonal survey data identified need for initiation of two Notice to Mariners during September 2010 and July 2014 due to shoaling and potential for imminent limited navigation at the channel mouth. • Data and analysis compiled and applied to support City request for FEMA reimbursement after Hurricane Ike. • Data and analysis document measured seasonal condition of shoaling (as opposed visual interpretation often reported by community -which is not always accurate). 6 EXHIBIT A • Data and analysis applied to assess the post -dredge 2011/2012 condition for recommendation of Dredge #1 (Phase 2) to complete to specifications. • Monitoring of nourishment fronting seawall for vehicular access concerns and bollard placement/adjustment (TGLO agreement). • Analysis and guidance to support alternative dredge/nourishment funding sources sought by Parks and Recreation staff, such as a CEPRA grant submitted during 2015 and planned for 2017. • Grants for supplementary funding submitted during 2015 and 2016 (RESTORE). Why Monitoring and Analysis toward Proactive Management Guidance is Important • Dredge planning and beach management: Monitor seasonal persistence of bypass bar and intermittent nearshore shoaling in close proximity of mouth for potential ebb shoal formation. • Proactive beach management toward limiting shoaling: Monitor increasing sand impoundment in nearshore adjacent to north and south jetties: implement planning for adaptive management strategies potentially including lateral redistribution of sand. • Dredge planning and deferment: Track changes in the rate of post -dredge channel shoaling and identify breaks in trends. • Nourishment planning and adaptive management between nourishment events: Quantify change in post -nourishment beach width and sand volume along the NPI Seawall. • Navigation safety: Recommend navigation warnings, as needed, should the potential for depth limited navigation increase seasonally and support dredge implementation or placement of navigation aids. • Beach Operation/Management: Track changes in beach profile and shoreline position survey data for application to planning beach nourishment, adaptive sand management or bollard placement/relocation • Environmental Stewardship: Track changes in the Inland Channel Segment bank expansion that could impact protected habitat, residential property, and Nueces County Park boundaries. Prepare to mobilize rapidly to monitor post storm (Hurricane/Tropical) conditions as needed for Disaster Preparedness as defined in the Event Task 2 5.(Event Monitoring Task 2 5 NOT authorized for 2017/2018 as per Reinvestment Zone tt2 Board). oring of additional a identified by seasonal monitoring or to support City of Corpus Christi directives that may arise during the contract period. (Rapid response under the Event Monitoring Task 2 5 NOT authorized for 2017/2018 as per Reinvestment Zone tt2 Board). • Documentation of Performance Assessment Document and assess performance, potential issues and adaptive strategies to manage new challenges that are identified through seasonal surveys and trend analysis. 7 EXHIBIT A Seasonal Monitoring and Long-term Channel Management Successful management of this dynamic inlet/beach system relies on effective monitoring to support proactive maintenance planning and long-term management strategies. Monitoring at Packery Channel provides for the tracking of changes (Trend Analysis) over seasonal windows of change as well as longer-term historic intervals which allows both the 1) identification of trends in sediment transport (shoaling/scour) and 2) deviation from established trends that could indicate a change in system dynamic and an associated need for management action. The monitoring program has documented both a seasonal and event driven component to sediment transport in this system with shoaling most prevalent during the late spring and summer as well as during storms (Hurricane Ike for example). In contrast, scour is well developed during the winter and early spring resulting in a reduction of shoal elevation (peaks), and a reduction in shoaling in the entrance channel over the winter and early spring. The channel has shoaled at an average rate of 25,000 to 30,000 cy/yr (Mar 2013 to Feb 2016) over the first three years since the maintenance dredge was completed. An increase in the rate of shoaling to 35,000 cy/yr was indicated over the recent survey year (2016). In addition, a linear increase in shoaling was documented over the spring and summer seasons for the first time since the maintenance channel dredge was completed in 2013. The results of the Winter 2017 Survey is critical toward identifying if shoaling continued at a high rate over the winter months or moderated as it has over the last three years. The winter survey was conducted during April 2017 rather than between the months of February and March, having been delayed by contract authorization by the City. The highest rate of shoaling has been identified during the spring season, while the annual summer survey, which marks the anniversary of construction completion (Oct 2006), has documented moderation in the rate of shoaling. The winter surveys were initiated to identify the impact of seasonal channel flushing and to quantify seasonal reduction in the rate of shoaling, which has been documented since 2013. Continued occurrence of a reduction in shoaling over the winter months may allow for a deferment of dredging, while sustained shoaling or an increase in shoaling may indicate the need for dredge implementation sooner than anticipated. Monitoring Program Tasks The 2017/2018 contract period for the Packery Channel Monitoring Program, as approved by Reinvestment Zone #2 Board, consists of all Tasks and subtasks that have been authorized since 2008 with the exception of Task 2-5. All Tasks and subtasks are outlined below as a guide following the successful program implemented (2008-2016). In addition, the decrease in level of guidance, efficiency and timeliness of deployment associated with the lack of authorization of Task 2-5 is described for clarification. One of the primary goals of the 2017/2018 monitoring year is to measure and document the continued changes in the status of channel shoaling as the impending dredge event (Dredge#2) approaches. The next dredge event (Dredge#2) is conservatively anticipated within two years, or winter 2018/2019. Continued seasonal monitoring will assist in the identification of whether dredging can be differed to conserve funds for future management concerns. The monitoring program will continue to assist the City in the anticipation of future dredge events and document 8 EXHIBIT A the annual pre -storm beach width and volume condition to maintain FEMA reimbursement eligibility should the area sustain damage during seasonal hurricanes. The monitoring will directly support the City of Corpus Christi in applying for CEPRA grant funds to support of dredging and subsequent nourishment of the beach fronting the North Padre Island Seawall (submission anticipated during 2017). The monitoring program directly supports the City in meeting obligations of the TGLO agreement to restrict vehicular access along the NPI Seawall when the beach reaches a width of 150 ft or less (measured at MHHW). Streamlined Monitoring Program and Budget Reduction The key components of the monitoring program were reviewed for efficiency of budget and necessity of tasks during 2016. This review was in response to a request from the Island Strategic Action Committee (ISAC) and City Council to streamline the budget and conserve funds. The effectiveness of the monitoring program has been internally reviewed and updated several times previously based upon the results applied to guide inlet and beach management. The first two years of the City -sponsored monitoring program included four surveys per year (2006 to 2008). The first revision of the program reduced the number of full surveys to three seasonal surveys (2008 to 2011) based on the identification of the key periods of change in sediment transport that had been identified. An additional reduction in effort included limiting the areal extent of the spring transition survey to the Deposition Basin/Entrance Channel and nearshore around the mouth, which was implemented during the 2012 monitoring year and continued through 2016. Meetings were held with ISAC representatives to review the components of the monitoring program during 2016. The review process found that the tasks, as outlined, have contributed to the overall success of the monitoring program by providing documentation toward TGLO and USACE obligations as well as providing guidance for City operation management of the inlet and adjacent beaches. Adjustments were made to accommodate the budget streamline request primarily under four subtasks; Task 1-2 Aerial Photography, Task 2-1 Beach Profile Survey, Task 2-2 Shoreline Position Survey and Task 2-4 Inland Channel Segment and MBCHC. The proposed reduction in effort was purposefully reviewed in an effort to both conserve funds while maintaining the effectiveness of the monitoring program to support the City, the USACE and the TGLO's directives and obligations. The standard seasonal surveys are imperative to monitoring the evolution of shoaling and beach erosion as well as for the guidance of dredge and nourishment planning. The changes in effort are detailed within the description of each task in the following sections. The proposed reduction in cost for the 2017/2018 contract period will aid in offsetting an increase associated with the shift in Facilities & Administrative Cost (F/A), previously referred to as Indirect Costs or IDC, calculation from 53% of Salaries & Wages to 35% of Modified Total Direct Costs (MTDC). This change is in accordance with the University's Department of Health and Human Services (DHHS)-approved rate agreement dated April 10, 2015 (AttachmentExhibit A). For further information on F/A please review the information provided by TAMU (https://www. tamus. edu/business/budgets-and-accounting/accounting/facilities-administrative- costs/facilities-administrative-cost-brochure/). Finance and administration charges can be compared to "overhead" charged by the private sector. The increase in cost of Task 1-1 and 2-1 are due to salary and fringe adjustments as well as anticipated staff available for the 2017-2018 monitoring year. 9 EXHIBIT A Note: Task 2-5 has been authorized since 2008 and successfully provided for the rapid mobilization for storm damage assessment (Disaster Preparedness) after Hurricane Ike (2008). Because Task 2-5 provides for City staff authorization of emergency surveys there was no delay in surveying after Ike and survey crew was able to conduct the post -storm survey within one week, corresponding to conditions were safe for the survey crew, of the storm impacting the Texas coast. Task 2-5 was not recommended by the Reinvestment Zone #2 Board for the proposed 2017/2018 monitoring year. Therefore, NO DISASTER PREPARDNESS capability is provided for 2017/2018. This means that any surveys that are needed beyond those listed in Task 2-1 Task 2-2, Task 2-3 and Task 2-4 would require additional action on the part of City staff and allocation of funds that could result in delay of surveys and thus delay in response to storm damage or other emergency needs. Delaying surveys can limit and delay assessment and implementation of restoration if required. Surveys document the condition during a window of time. If that window In an effort to contribute toward future reduction in monitoring costs while maintaining the guidance benefits of the monitoring program, CBI has applied for supplementary funding through grant submissions pursued both during 2015 and 2016, including CEPRA and RESTORE grant submissions. The two pending proposals include a portion of the beach profile and shoreline position monitoring in the broader area of the proposed scope of work. Additional tasks within these proposals would support the City of Corpus Christi in management of coastal resources under City jurisdiction through the provision of wave and current measurements near Packery Channel and through inundation modelling. In 2015, CBI collaborated with the City of Corpus Christi in developing a CEPRA proposal, although it was not selected for funding during that cycle. CBI will assist the City staff in the preparation of a CEPRA grant proposal during the 2017/2018 contract year. In addition, the City has been supplied alternatives analysis for review and fiscal planning for long-term sustainability of the monitoring program. Contract Period The contract period will initiate upon authorization and continue for 12 months. The first survey of the contract period will be the spring seasonal survey conducted during June/July 2017. The final survey of the contract period is the peak winter survey that is conducted during Feb/Mar 2018 (weather dependent). Collaboration The Packery Channel Monitoring Program benefits from collaboration with Naismith Marine Services (NMS) on successful surveying of Packery Channel as well as the beaches along North Padre Island and Mustang Island. The collaboration between TAMUCC and NMS has produced high-resolution data sets that support trend analysis conducted by CBI and successful City guidance. The collaboration provides a two-step QA/QC process drawing on both strengths of technical survey expertise of NMS and the analytical coastal dynamics expertise of CBI/TAMUCC. Task Implementation Tasks 1 and 2, including subtasks, may be conducted simultaneously or independently and in the order that best supports the monitoring program goals. 10 EXHIBIT A is not captured, there is no data to describe the changes or ident f if action such as dredging or navigation warnings are indicated. Task 1. Project Management 1-1. Project Management, Analysis and Reporting Description Project management includes historic analysis, reporting, survey organization and scheduling; as well as presentations and generation of guidance materials in support of the management of the inlet and associated beach and wetland by the City of Corpus Christi. This includes meetings with City staff for periodic project assessment and guidance. Task 1 provides additional support including coordination with surveyors, engineers and other environmental professionals to assist the City of Corpus Christi with related projects including potential dredge operations. Task 1 provides for compilation and transfer of data sets requested by engineers associated with dredge planning and structural assessment. Preparation of survey/analysis information to support proposal development and compilation of relevant data and analysis appropriate for the City to submit for FEMA reimbursement for storm damage and assistance with planning for alternate project funding. Cost: Salary/Wages/Benefits/Supplies/Travel/F&A: $ 57,184 (CBI) Estimated Cost Task 1-1: $ 57,184 Streamlined Cost Savings: N/A 1-2. Aerial Photography Description: This task originally provided for the acquisition of an annual set of rectified orthometric aerial photographs of the Packery Channel region including the entire channel from the GIWW to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from the south end of the seawall to Newport Pass as well as a higher resolution set that focused on the dynamic region that includes the basin and adjacent beaches that could be applied to spatial analysis. Aerial imagery documents changes in areas that are not presently surveyed but still of interest to City staff due to the proximity and association due to existing or potential hydraulic connection to Packery Channel. These areas include the Lake Padre, Padre Isles and Laguna Madre as well as sensitive wetland habitat. Streamlined Task 1-2: The streamlined task will provide for one set of high altitude lower resolution aerial imagery that covers the entire study area from the GIWW to the Gulf and the adjacent beaches from south of Bob Hall Pier (MM 238) to north of Newport Pass at (MM 196). The high resolution set of aerial imagery will not be provided. The set of lower resolution images will be applied in ArcGIS environment for comparative analysis of change relative to key features and as a reference for overlay of data and terrain models for reporting. Quotes received during 2016 indicated that the estimated cost of aerial photography is comparable to the 2014 and 2015 effort. The cost for the acquisition of two sets of imagery is estimated at $12,000. The cost of only the lower resolution imagery of the full study area is estimated at $7,750. To further reduce costs associated with rectified aerial imagery, alternate public sources will be investigated. 11 EXHIBIT A Implications of Reduction in Imagery Although the high altitude imagery does cover the majority of the study area there are limitations in resolution and image clarity as applied to focused analysis over small spatial areas such as along the beach at the inlet mouth and along the NPI seawall as well as bank boundaries bordering the MBCHC. Higher resolution imagery (low -altitude) may need to be re -introduced in future proposals depending on review at the close of the 2017/2018 monitoring year. Purpose: For interpretation of large-scale changes in vegetation, dune line, and inter -tidal regions adjacent to the inland segment of the channel as well as along Padre and Mustang Islands. Aerial imagery also documents development that may influence changes in the study area. Aerial imagery is particularly important in providing for documentation of adjacent regions that are outside of the topographic survey area such as the wetland regions. In addition, the aerial imagery is applied to orient the viewer spatially with reference to the channel and beach elevation data. The aerial images are critical for application to the development of visuals and explanation aids that are developed for the City staff, City Council, residents and laypersons as well as for reporting purposes. Schedule: (1) The annual set of imagery has been flown during late February or early March (pending weather/sea conditions) since the 2013 dredge/nourishment event. The target season for imagery has shifted to late winter/early spring from late summer (Sept/Oct) in order to capture seasonal low water levels that expose shallow areas and channel boundaries along the Inland Channel Segment that would otherwise be submerged. This is important in providing for qualitative evaluation in areas bordering the survey footprint or avoided that cannot be surveyed using standard methodology due to sensitive habitat. The opportunity to capture the spring aerial photography flight was missed during 2017 year due to delays in contract authorization and therefore the imagery may be taken during August 2017 or postponed to Feb/Mar 2018 as directed by City staff. Postponing until 2018 would result in no aerial documentation during 2017. (2) QA/QC of imagery and integration into GIS project to initiate upon receipt of images Cost: Aerial photography: $7,750 (Vendor acquired) Salary/Wages/Supplies/Travel/F&A: $ 8,033 (CBI) Estimated Cost Task 1-2: $ 15,783 Streamlined Cost Savings: $5, 799 Task 2. Measurement of Morphologic Change in Packery Channel and along Mustang and Padre Island. 2-1. Beach Profile Surveys Description: Beach profile surveys provide detailed information describing changes in elevation, morphology and bathymetry at 18 specified locations along the beach stretching from the Nueces Kleberg County Line to north of Fish Pass at Mustang Island State Park. Historic data exists for these locations (1995-2015). The beach profile survey has been conducted annually during the peak summer period, which corresponds to the completion of the Packery Channel construction. This data set provides for analysis of change in volume and morphology (bars, berm, and dunes) that is reflective of seasonal forcing. Elevation measurements are taken along transects that initiate landward of the dune or other landward limiting feature (seawall or pavement) and extend offshore 12 EXHIBIT A up to one mile into the Gulf of Mexico. The surveys capture the region of active sediment transport and therefore extend offshore to a depth, referred to as the depth of the closure, beyond which indicates the most offshore point defining the region of sediment sharing between the subaqueous and subaerial beach. The surveys extend both to the north and to south of the direct area of influence of Packery Channel in order to determine if changes occurring around the inlet and NPI seawall are localized or common to the surrounding beaches. This allows confirmation of the influence of nourishment and sheltering capabilities of the jetties on beach stability. A transect grid with closer spacing of profiles is applied along the beach fronting the North Padre Island (NPI) Seawall in an effort to quantify volumetric change and document changes in beach profile with greater detail. The closer spacing in transect data is necessary due to significant change in volume and beach width with distance alongshore. This information is applied to monitor change before, during and after nourishment of the beach fronting the seawall and along the area south near Whitecap Blvd. This detailed data set provides the necessary information to better define the littoral sand budget (volume of sand both in the nearshore as well as on the dry beach, referred to as the berm) in this area and assess beach nourishment performance. Streamlined Task 2-1: Streamlining Task 2-1 effort reduces the number of intensive NPI seawall surveys from three to two. This includes the elimination of the transition beach profile survey previously conducted during the spring. Two surveys, one conducted at the peak of winter forcing and one conducted at the peak of summer forcing will be conducted during 2017/2018. Implications of Reduction Survey Effort: The elimination of any seasonal survey provides a gap in data history and gap in information and understanding of dynamics should a storm or variability in typical forcing result in an increase in erosion in the region preceding and during that time. Data gaps decrease effectiveness of trend analysis and early identification of new areas of accelerated erosion and identification of changes in the beach morphology that are associated with management practices such as maintaining the driving lanes. Purpose: To document changes in features such as the dune toe (seaward limit of dunes) berm crest (most landward point of active sediment transport on the beach), and sand bars. The data are applied to determine regions of erosion and to calculate volumetric change along historically surveyed areas of the beach. This data set is critical to the calculation of sand volume that is required for sand placement during nourishment and documentation for FEMA reimbursement. Data is also applied to verify shoreline position data and to determine the maximum region of sheltering along the beach (Zone of Influence) that is provided by the jetties. Two profile locations occupied during the annual survey are required to assist in determining long-term change in the volume of sand in the nearshore immediately adjacent to the inlet for interpretation of potential for introduction of sand into the channel mouth. An additional set of beach profile transects was added to better describe the beach fronting the NPI Seawall to facilitate more accurate monitoring of changes in the recent beach nourishment. This focused survey along the nourishment area includes profiles at 400 -ft to 1100 -ft spacing to accommodate more accurate beach volume calculations for FEMA application and for TGLO reporting. This was needed due to the rapid change in width and volume with alongshore position in this region targeted for nourishment which is anticipated during the winter of 2018/2019. Schedule: (1) One annual full baseline survey conducted during peak summer condition (Sep/Oct 2017). 13 EXHIBIT A (2) Two intensive seasonal surveys of beach nourishment area fronting the NPI seawall (Sept/Oct 2017 and Feb/Mar 2018). The peak winter survey (Feb/Mar) corresponds to the completion of beach nourishment in March 2013. Additional surveys may be required if data indicate that the rate of change has increased during the study period. These additional surveys were provided for in Task 2-5 in all previous contract amendments (2008-2016) but were not approved by Reinvestment Zone #2 Board for the 2017 monitoring year. Additional surveys would require funding allocation and authorization, which delays the survey and analysis process. Cost (Task 2-1): Annual Survey: $ 19,900.00 (NMS) NPI Seawall Surveys: $11,950.00 (NMS) Salary/Wages/Benefits/Supplies/Travel/F&A: $14,196 (CBI) Estimated Cost Task 2-1: $46,046 Streamlined Cost Savings: $3,746 2-2. Shoreline Position Surveys Description: Elevation data are collected by RTK GPS starting from near the dune toe (or other landward limiting feature such as the seawall) and continuing across the beach to the water line. The data is collected along a zigzag path in order to cover the entire beach face efficiently and economically. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass at Mustang Island State Park. Purpose: Shoreline position surveys are an efficient and low-cost way to measure changes in the elevation of the dry beach berm over the broad study area. Within days, the elevation of a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots" can be identified. Monitoring the seasonal position of the shoreline assists in management of beach vehicular access south of the inlet and addresses persistent regions of shoreline recession and resulting narrowing of beach that have been identified fronting the North Padre Island Seawall and Whitecap Blvd. In contrast, the data is applied to monitor shoreline advance adjacent to the inlet as an indicator an increase in nearshore expansion, which could influence sediment transport into the channel mouth. This data set is instrumental to the management of bollard placement along the North Padre Island Seawall and all adaptive maintenance activities described in the City's Beach Maintenance Plan. Streamlined Task 2-2: Effort in Task 2-2 was reduced from three surveys to two seasonal surveys. The transition season survey will be eliminated during 2017 The transition survey documents a dynamic period when the beach responds to reversals in forcing as winter fronts and seasonally high water levels continue to influence sediment transport. The implication of the loss of information during the spring will be re-evaluated during review and preparation of the 2018/2019 monitoring contract. Implications of Reduction Survey Effort: The elimination of any seasonal survey provides a gap in the data history and gap in information and understanding of dynamics should a storm or variability in typical forcing result in an increase in erosion in the region. This reduces the effectiveness of the analysis of trends, which are applied to identify management strategies, particularly important to determining if the restricted beach area fronting the south end of the seawall should be expanded or decreased in alongshore length. Schedule: 14 EXHIBIT A (2) Two Seasonal Surveys. Tentative survey schedule: Sep 2017 and Jan/Feb 2018. Additional surveys may be required if data indicate that the rate of change has increased during the study period. These additional surveys were provided for in Task 2-5 in all amendments (2008- 2016) but were not approved by Reinvestment Zone #2 Board for 2017. Therefore additional surveys that are indicated as necessary during analysis will require a contract amendment or other authorization, as well as allocation of funding before they can be conducted. Cost (Task 2-2): Survey: $7,800 (NMS) Salary/Wages/Benefits/Supplies/Travel/F&A: $ 8,500 (CBI) Estimated Cost Task 2-2: $16,300 Streamline Cost Savings: $ 3,663 2-3. Surveys of Channel and Nearshore Depth and Morphology (Features of seafloor and bottom of channel) Description: The bathymetric surveys combine single -beam (nearshore/offshore) and multi -beam (channel) sonar coverage to provide high-resolution data sets that describe the morphology (shoals, scour and sandbars) on the channel bottom and seafloor. The analysis of seasonal data sets is applied to interpret pathways of sediment transport and to anticipate development and persistence of features such as bypass bars, channel shoals and ebb shoals. Purpose: Data is applied to define morphologic features such as shoals (areas of deposition) and scour (areas of erosion) in the channel, nearshore and around structures. The data are applied to interpret trends in sediment transport as well as to calculate volumetric change indicating sand loss or gain, to prepare for nourishment projects, and to identify potential regions of shoaling which could limit navigation. A primary application of this data is to identify trends in shoaling which provides guidance in future dredge planning and deferment as well as the identification of navigation hazards. Schedule: (3) Three Seasonal Surveys. Tentative survey schedule: Jun/Jul 2017 (abbreviated -Basin to Gulf only), Sep/Oct 2017, and Feb/Mar 2018. Additional surveys may be required if analysis indicates that shoaling is rapidly increasing and depth -limited navigation is imminent. Such surveys have been accommodated for by the Event Task (Task 2-5) budget. Note that the Reinvestment #2 Board did not approve Task 2-5, therefore additional surveys indicated as necessary during analysis will require a contract amendment or other authorization, as well as allocation of funding before they can be conducted Cost (Task 2-3): Survey: $ 79,300 (NMS) Salary/Wages/Benefits/Supplies/Travel/F&A: $ 23,944 (CBI) Estimated Cost Task 2-3: $ 103,244 Streamline Cost Savings: N/A 2-4. Inland Channel Segment and Mollie Beattie Coastal Habitat Community (MBCHC) Description: The Inland Channel Segment bordering MBCHC continues to modify as the region adjusts to changes in water flow in the channel and periodically over the wetland as well as under the influence of storms and ever-increasing usage (boat wake). These changes are best captured seasonally through a network of cross-sections that document changes in wetland extent, channel boundaries and shoreline change. Elevation is measured along transects or survey lines, that are 15 EXHIBIT A roughly perpendicular to channel orientation. The surveys start at the location of the mean higher high water (MHHW) shoreline position located along the western residential shore and then extend across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. The position of the MHHW shoreline position is measured along the residential side of the channel extending from the HWY 361 Bridge to the Relief Channel west of the abrupt turn or dogleg in the channel that borders Packery Channel County Park. The MHHW position is not as well defined along the MBCHC due to extended sections of submerged area, therefore a MHHW position survey is not conducted on the east side of the channel. Purpose: These surveys define morphologic change in the inland segment of the channel that borders the MBCHC as well as changes in the elevation across sections of the wetland. The purpose is to evaluate the response of the channel and wetland to the opening of the inlet and assess the approach to an equilibrium status. Analysis of this data set provides quantification of change in the primary (-5 ft) and upper bank (MSL) width along the channel bordering the MBCHC. These surveys also assist in tracking changes in the channel associated with the migration of numerous sand waves in the channel. The shifting peaks of these sand waves can reduce water depth and potentially influence navigation. In addition, the MHHW position of the west side of the inland channel segment (residential) is compared to historic survey data surveys to determine historic change in position which is relevant to channel marker placement and maintenance. Changes in the Inland Channel Segment, bank width and MBCHC can influence navigation and operation of this shallow segment of Packery Channel. This survey provides for trend analysis toward successful operation and maintenance of the Inland Channel Segment. The transect survey data set may be applied to pre -dredge planning should dredging of the inland channel be indicated. Streamlined Task 2-4: Effort in Task 2-4 was reduced from two surveys to one annual survey that corresponds to the channel and nearshore annual survey conducted during Sep/Oct 2017. Implications of Reduction Survey Effort: Elimination of seasonal surveys eliminates the opportunity to quantify seasonal change or event driven change that occurs between the annual surveys. Reduces the effectiveness of trend analysis that may indicate an increase or decrease in shoaling, scour and channel bank position and to identify navigation hazards. Schedule: Tentative annual survey schedule: Sept/Oct 2017 to coincide with annual peak summer survey. Additional surveys may be required if data indicate that the rate of change has increased during the study period. These additional surveys were provided for in Task 2-5 in all amendments (2008- 2016) but were not approved by Reinvestment Zone #2 Board for 2017. Therefore, if additional surveys are indicated as necessary during analysis these surveys will require a contract amendment or other authorization, as well as allocation of funding before they can be conducted. Cost (Task 2-4): Survey: $ 9,400 (NMS) Salary/Wages/Benefits/Supplies/Travel/F&A: $ 9,788 (CBI) Estimated Cost Task 2-4: $ 19,188 Streamline Cost Savings: $ 13,307 16 EXHIBIT A 2-5. Event/Transitional Survey and/or Dredge Support (NOT APPROVED BYReinvestment Zone #2 Board for 2017) Description: In a continued effort to respond to City of Corpus Christi budgetary constraints, the monitoring program continucs at a modified schedule to include (2) seasonal surveys (Sept/Oct 2017 and Jan/Feb 2018) and (1) transitional reduced cost survey (June 2017). To accommodate needs related to Disaster Preparedness and Readiness an Event Task was created to provide for rapid deployment and disaster preparedness. This task has been included in each annual amendment proposal sincc 2008. To accommodatc monitoring concerns beyond the seasonal surveys defined in Task 2 1, 2 2, 2 3 and 2 1; the Event Task (2 5) provides for event surveys or other survey requirements as directed by City staff. Such support outside of seasonal surveys could include, but is not limited to, dredge support, engineering support, environmental assessment (wetland, endangered species, modeling hydrodynamics), and sand placement activities outside the seasonal survey scope. The primary purpose of the event surveys is to facilitate timely pre _c to provide as guidance toward post storm response (emergency dredging and nourishment primarily). Surveys may be indicated beyond the seasonal designation, such as after storms (Disaster Preparedness), and to assist with the investigation of sensitive environmental habitat or anthropogenic influences on the coastal environment that are seasonal survey suite but may be utilized as needed in support of management concerns as directed by City staff. utilized as needed in support of City of Corpus Christi Packery Channel management concerns on an as needed basis. Funds not allocated at the end of the contract period arc conserved for future applications: a. Beach profile survey (1) Task 2 1 b. Shoreline position survey (1) Task 2 2 c. Abbreviated bathymetry survey (1) Task 2 3 d. Full bathymetric channel and ncarshore survey (1) as described in Task 2 3. Water Current Monitoring (Task 2-5) (NOT APPROVED BYReinvestment Zone #2 Board for 2017) The TIRZ 17`2 Board did not approve funding of Task 2 5 which accommodated the maintenance Channel as well as the online dissemination of the water velocity data. Monitoring changes in current flow provides data for future studies of hydrodynamic change potentially associated with system that arc yet to be identified. This data is also provided online for public access and public safety as the velocity of water flow in the channel can impact navigation. Monitoring includes the public online data access to real time measurement of water current velocity (http://lighthouse.tamucc.edu/qc/138 and http://lighthouse.tamucc.edu/qc/150) because water 17 EXHIBIT A velocity can impact navigation safety. These stations were previously funded by the USACE (2006 2011), but no funding has been identified or secured for 2017/18 to date. Funding partners morphology, wetland boundaries, and bathymetry of Packery Channel. The monitoring stations provide watcr current velocity measurements and provide online real time acccss for navigation 1. Analysis of sediment transport and changes in scour and shoaling 2. Application to navigation safety (online public service) 3. Backcasting: Hydrodynamic model to determine the contributing factors to the failure of the bulkhead along the north bank of the Deposition Basin after Hurricane Ike (Reed 2011). flow between Lake Padre and the Upper Laguna Madre to determine areas of peak flow within the existing channel system. ask 5 Schedule Surveys conducted post storm and as directed and authorized by City staff and relative to management concerns during 2017/2018. Water current monitoring is continuous over the study period and publically available online in real time. Other tasks as directed/authorized by City of Corpus Christi staff. Cost: Survey: $ 56,000 (NMS) Salary/Wages/Benefits/Supplies/Travel/F&A: $17,897 (CBI) Estimated Cost Task 2 5: up to $ 73,897 Streamline savings N/A: Unallocated funds reinvested Budget Totals Total Estimated Cost of 2017/2018 Monitoring Program Task 1-1, 1-2 and Task 2-1, 2-2, 2-3 and 2-4 (Excludes Event Task, Task 2-5) as requested by TIRZ Committee): $ 257,745 Total Streamline savings (Task 1-1, Task 2-1, Task 2-2 and Task 2-4): $26,515 Total Estimated Cost of 2017/2018 Monitoring Program: Task 1 and Task 2 (Includes Event Task Task 2 5 as defined and implemented 2008 2016): $ 331,612 18 EXHIBIT A Cost Savings to City of Corpus Christi In an effort to directly address budgetary constraints and comprehensive use of available funds, CBI has provided cost savings through the following: 1. Conservation of funds in the Event Category 2010-2012 (Task 2-5). Savings to City $ 63,381.72 2. Conservation of funds in the Event Category 2014/2015 (Task 2-5). Savings to City $ 60,000 3. Conservation of funds in the Event Category 2015/2016 (Task 2-5). Savings to City $ 6,989 The cost savings decreased during 2015/2016 as funds were applied to conduct the annual summer survey budgeted for 2016/2017 due to delay in contract authorization. 4. Online data visualization through Coastal Habitat Restoration (CHRGIS) (Sponsored by TGLO/CEPRA) http://cartogram.tamucc.edu/chrgis/maps/ Data shown is only that which represents TGLO objectives related to CEPRA (#1113) Deliverables: ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIPS 4205 Email status report (as updates are available) Status Reports (post -survey documentation) Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. Additional surveys may be recommended upon seasonal findings or evidence of change based upon observations in the field. Budget next Page 19 EXHIBIT A Packery Channel Monitoring Program Estimated Budget 2017/2018 Personnel Principal Investigator Database Management/Support and Technical Staff Subtotal Personnel (Salary/Wages) $ 43,807 $ 13,761 $ 57,568 Benefits $ 18,499 Total Personnel $ 76,067 Travel (Transportation to Surveys) Rental vehicle and fuel $ 550 Other Project Costs Materials and Computer (software upgrades repair allowance, backup/archive, desktop computer) Surveying/post processing (Subcontract) Aerial Photography (Contract/PO) Total Travel and Other $ 5,000 $ 128,350 $ 7,750 $ 141,650 Subtotal Personnel $ 76,067 Subtotal Travel and Other $ 141,650 Total Salary/Wages/Benefits/Other $ 217,717 F&A (35%) $ 40,028 Project Total (Task 1 (subtasks 1-2) and Task 2 (subtasks 2-4) Excluding Event Task (2-5) Total Streamline savings and cost reduction $ 257,745 $ 26,000 Project Total (T -ask 1 (sks 1 2)-aas1 Task (sks 1 5) up to $ 331,6/12 Including Event Task (2 5) up to $73,897 Which provides for Disaster Preparedness (Hurricane Response) 20 EXHIBIT A References Reed, C.W., Lin, L. (2011). Analysis of Packery Channel Public Access Boat Ramp Shoreline Failure, Journal of Coastal Research, Special Issue 59, http://dx.doi.org/10.2112/SI59- 015.1, 150-155 pp. Williams, D.D. (2015). Packery Channel Monitoring Program: Assessment of Beach Nourishment and Maintenance Strategies south of Packery Channel, Corpus Christi Texas. Technical Report for the City of Corpus Christi, TAMUCC-CBI-CDL-TR-2015-03, 27 p. Williams, D.D. (2016). Packery Channel Monitoring Program: Assessment of Channel Shoaling and Implications for Beach Nourishment along the North Padre Island Seawall (Mar 2013 to Oct 2015). Technical Report for the City of Corpus Christi, TAMUCC-CBI- CDL-TR-2016-01, 23 p. Williams, D.D. (2017 in press). Packery Channel Monitoring Program: Assessment of Channel Shoaling and Shoreline Change with Implications for Beach Nourishment and Adaptive Beach Management (Mar 2016 to Sep/Oct 2016). Technical Report for the City of Corpus Christi, TAMUCC-CBI-CDL-TR-2017-01 21 EXHIBIT A Atttachment A TAM US and the Department of Health and Human Services (DHHS) have signed a new Facilities & Administrative Cost Rate Agreement for TAM UCC. Please find attached copy of the fully executed Rate Agreement for the period 09/01/15-08/31/18. Effective September 1, 2015, the new F&A rate for on campus projects for FY 2016 is 34%. Effective September 1, 2016, the F&A rate will increase to 35% for FY 2017. This rate will remain in effect until 8/31/2018. Note the new Rate should be applied to MTDC base as originally approved on September 1, 2011. Also, note the "off -campus definition" is different than in the past. Off campus rate is 24%. It is TAMUCC's policy to request the appropriate federally negotiated indirect cost rate in the proposal budget for all sponsored projects regardless of funding source, unless a sponsoring agency's written policy will not permit full recovery of indirect costs. ALL FORTHCOMING PROJECTS WITH A START DATE OF 9/1/2015 OR LATER SHOULD CALCULATE INDIRECT COSTS AT THE NEW NEGOTIATED RATE. The Facilities and Administrative Rate Agreement (F&A), often referred to as Indirect Costs, is the process of recovering the portion of costs that support sponsored projects, but are not directly charged to sponsored funds. The total costs associated with organized research can be categorized as either direct costs or indirect costs (also referred to as Facilities & Administrative (F&A) costs). F&A (Indirect) Costs: As defined in OMB A-21, F&A costs are those that are incurred for common or joint objectives and therefore cannot be identified readily and specifically with a particular sponsored project, instructional activity or any other institutional activity. They are real costs incurred by the colleges/centers and the institution in support of sponsored activities but cannot be directly identified with a specific grant or contract. The costs result from shared services such as libraries, physical plant operation and maintenance, utility costs, general, departmental, unit/department and sponsored projects' administrative expenses and depreciation for buildings and equipment and student administration and services. Types of Indirect Cost Base • Modified Total Direct Costs (MTDC) OMB A-21 defines Modified Total Direct Costs as follow, "consist of salaries and wages, fringe benefits, materials and supplies, services, travel, and subgrants and subcontracts up to the first $25,000 of each subgrant or subcontract (regardless of the period covered by the subgrant or subcontract). Equipment, capital expenditures, charges for patient care, tuition remission, rental costs, scholarships, and fellowships as well as the portion of each subgrant and subcontract in excess of $25,000 shall be excluded from modified total direct costs." As specified in this definition, some costs are excluded from Total Direct Costs (TDC) to arrive at the MTDC base to which F&A (indirect cost) rates are applied. OMB A-21 also provides for exclusions of other items of cost where necessary to avoid a serious inequity in the distribution of costs. Any questions on determination of the MTDC base should be directed to the Office of Sponsored Research Administration (OSRA). Exhibit A-1 Page 1 of 2 • Total Direct Costs (TDC) Direct Costs: As defined in OMB A-21, "direct costs are those which can be identified specifically with a particular sponsored project, an instructional activity or any other institutional activity, or that can be directly assigned to such activities relatively easily with a high degree of accuracy. The portion of salary and fringe benefits of a faculty member performing an experiment or a specialized laboratory supply necessary for performing an experiment are examples of direct costs to a sponsored project. Other general categories are: supplies, contractual services, travel and communication, equipment and computer use." • Salaries and Wages (S&W) Include PI salary, other personnel salary and fringe benefits • Other as specified by the sponsor in the RFP For Non-federal agencies and other Non-profit organizations, if a sponsor has a written policy that limits the allowable rate of indirect costs, PIs should consult with the ORSA to discuss whether TAMUCC will accept the restriction. Assessment of indirect costs to a sponsored project allows TAMUCC to recover some of its contribution to the support of the project. Therefore, assessment of waivers is rarely given except in exceptional circumstances. Waiver requests should be directed to the Vice President for Research. Exhibit A-1 Page 2 of 2 EXHIBIT C Insurance Requirements Geotechnical and Construction Materials Testing Contracts 1.1 Consultant must not commence work under this Agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be Contract for Professional Services Exhibit C prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this Agreement. Failure to provide Contract for Professional Services Exhibit C and to maintain the required insurance shall constitute a material breach of this Agreement. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services Exhibit C Clks;,4 Carpus Chr sti Engineering Packery Channel Monitoring Council Presentation May 23, 2017 Project Scope 11) Corpus chr sti Engineering • Project has saved the City an estimated $5M in avoided costs since 2010 by not dredging on a regular schedule but only when required, based on survey and analysis • Three seasonal investigations of shoaling and scour in the channel and Gulf of Mexico • Monitor changes in the width/depth of the inland channel segment and beach width/volume Project Schedule 0114911) Corpus chr sti Engineering 2017 2018 Jun Jul Aug Sep I Oct Nov Dec Jan Feb Mar Apr May Packery Channel Monitoring Project Estimate: 365 Calendar Days 12 Months Projected Schedule reflects City Council award in May 2017 with anticipated completion in May 2018. Date: Time: Location: AGENDA NORTH PADRE ISLAND DEVELOPMENT CORPORATION SPECIAL MEETING Tuesday, May 30, 2017 During the meeting of the City Council beginning at 11:30 a.m. City Council Chambers, Corpus Christi City Hall 1201 Leopard Street Corpus Christi, Texas 78401 1. President Greg Smith to call the meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Greg Smith, President Joe McComb, Vice President Lucy Rubio Rudy Garza Michael Hunter Ben Molina Carolyn Vaughn Paulette Guajardo Officers Margie C. Rose, General Manager Keith Selman, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer 3. Approve minutes from the Board meeting on January 17, 2017 4. Treasurer's Report 5. Public comment. 6. Motion approving a one-year agreement between the City of Corpus Christi and Texas A & M University — Corpus Christi (TAMU-CC) for Packery Channel Monitoring in an amount not to exceed $257,745. 7. Adjourn. AGENDA MEMORANDUM Action item for the North Padre Island Development Corporation Meeting of May 30, 2017 DATE: May 11, 2017 TO: Board of Directors North Padre Island Development Corporation FROM: Keith Selman, Assistant City Manager KeithseQcctexas.com (361) 826-3232 Special North Padre Island Development Corporation Meeting CAPTION: Special meeting of the North Padre Island Development Corporation PURPOSE: Consider a motion regarding the approval of funds for a one-year agreement with Texas A&M — Corpus Christi for monitoring of the Packery Channel. BACKGROUND AND FINDINGS: Packery Channel Monitoring Contract: Motion recommending that City Council approve a one year agreement between the City of Corpus Christi and Texas A & M University — Corpus Christi (TAMU-CC) for Packery Channel Monitoring in an amount not to exceed $257,745. ALTERNATIVES: Not approve contract. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: TIRZ #2 Board Island Strategic Action Committee "ISAC" Watershore and Beach Advisory Commitee City of Corpus Christi Engineering Department City of Corpus Christi Finance Department City of Corpus Christi Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $257,745 $257,745 Encumbered / Expended Amount This item BALANCE $257,745 Fund(s): Comments: NA RECOMMENDATION: Approve the monitoring contract. LIST OF SUPPORTING DOCUMENTS: Meeting Agenda Minutes Treasurer's Report TIRZ #2 Budget Monitoring Contract Corpus Christi Meeting Minutes 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com North Padre Island Development Corporation Tuesday, January 17, 2017 9:30 AM Council Chambers A. City Secretary Rebecca Huerta to call the meeting to order. City Secretary Rebecca Huerta called the meeting to order at 9:30 a.m. B. City Secretary Rebecca Huerta to call roll of the Corporation Directors. City Secretary Huerta called the roll and verified that a quorum of the Corporation was present to conduct the meeting. (Note: Mr. Molina arrived at 10:12 a.m.) Present 7 - Greg Smith, Lucy Rubio, Rudy Garza, Michael Hunter, Joe McComb, Ben Molina, and Carolyn Vaughn Absent 2 - Paulette Guajardo, and Dan McQueen C. ELECTION OF OFFICERS: 1. Election of Officers to the North Padre Island Development Corporation. City Secretary Huerta referred to Item 1, election of officers. Mr. McComb made a motion to appoint Greg Smith as President, seconded by Mr. Hunter and passed unanimously. Mr. Garza made a motion to appoint Joe McComb as Vice President, seconded by Ms. Rubio and passed unanimously. Mr. Garza made a motion to appoint Rebecca Huerta as Secretary, Paul Pierce as Assistant Secretary, Constance Sanchez as Treasurer, and Alma Casas as Assistant Treasurer, seconded by Mr. McComb and passed unanimously. D. MINUTES: 2. Regular Meeting of July 22, 2014 President Smith referred to approval of minutes. Mr. Garza made a motion to approve the minutes, seconded by Ms. Vaughn and passed unanimously. E. FINANCIAL REPORT: 3. TIRZ #2 Financial Reports for October 31, 2016 and November 30, Corpus Christi Page 1 Printed on 2/22/2017 North Padre Island Development Corporation Meeting Minutes January 17, 2017 2016. President Smith referred to Item 3. Director of Financial Services Constance Sanchez presented the Reinvestment Zone #2 Financial Report and Packery Channel projections. Corporation members discussed the following topics: the reason for the low interest earnings; options for changing investments; the bond financial advisor; refunding the bonds; whether the capital projects fund balance is committed to projects; and the six pack projects. F. EXECUTIVE SESSIONS: (NONE) G. AGENDA ITEMS: 4. Resolution recommending adoption of an amendment to the Tax Increment Reinvestment Zone #2 Revised Project and Financing Plan Resolution recommending adoption of an amendment to the Revised Project and Financing Plan (PLAN) for the Reinvestment Zone Number Two, City of Corpus Christi, dated January 17, 2017, regarding Park Road 22 Bridge Project, Packery Channel Monitoring and Improvements, and Budget Approval Process; and recommending approval of the PLAN by the City Council. President Smith referred to Item 4. Assistant City Manager Jay Ellington stated that the purpose of this item is to adopt an amendment to the Tax Increment Reinvestment Zone #2 Revised Project and Financing Plan. Assistant City Manager Ellington presented the following information: the North Padre Island Development (NPID) Corporation and Tax Reinvestment Zone No. 2 (TRIZ #2) background and membership; the TRIZ #2 financial summary; project plan additions for Park Road 22 Bridge and Packery Channel Monitoring; and future action on the Packery Channel Six Pack Projects. Corporation members discussed the following topics: consolidation of the NPID and TRIZ #2; clarification on the financial projections growth rate; the bond funding for Park Road 22 Bridge; the $4 million shortfall to build the Park Road 22 Bridge; whether there is a requirement to monitor Packery Channel; how often monitoring is conducted at Packery Channel; history of Packery Channel monitoring over last 10 years; using the recommended monitoring funds for six pack projects; rescoping the six pack restrooms with portable toilets; a background on the six pack; whether there is an obligation to complete the six pack projects; the original bond language and initial purpose of the bonds; recommendations from the Island Strategic Action Committee (ISAC) and Watershore & Beach Advisory Committee on a list of options for the six pack projects; the reason the NPID and TRIZ #2 have not met; the scope of duties and composition of ISAC; comments on the navigational surveys; request for additional information on what other areas are doing for monitoring; a cost analysis and plan for the six pack project; and consideration to table this item. Corpus Christi Page 2 Printed on 2/22/2017 North Padre Island Development Corporation Meeting Minutes January 17, 2017 President Smith referred to comments from the public. Libby Edwards, Chair of the ISAC, spoke regarding the ISAC's unanimous support for the expenditure of $4 million to construct Park Road 22 Bridge and tabling the monitoring. Carter Tate, ISAC member, spoke in support of funding Park Road 22 Bridge. Mr. McComb made a motion to table Item 4 to the next scheduled meeting, seconded by Ms. Rubio and passed unanimously (Guajardo and McQueen - absent). H. PRESENTATION ITEMS: 5. Discussion of Future Meeting Dates President Smith referred to Item 5. There was a general consensus of the Corporation to hold the next meeting on February 21, 2017. I. PUBLIC COMMENT: J. ADJOURNMENT None. The meeting was adjourned at 10:34 a.m. " Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant laws, and the Board of Directors may deliberate and vote upon any such subject and resolutions related thereto. Any descriptions of property or amounts stated in this agenda are descriptive and not restrictive, and property and amounts may be changed in the motions, actions or documents. In addition to other items listed in this agenda, policies and procedures of this corporation, legal analysis of any items, policies or procedures, and any items that are currently receiving funding from this corporation may be discussed and deliberated and these matters are added as subjects of discussion to this meeting. This agenda has been reviewed and approved by the attorney for the governing body, and the presence of any subject or description in the Executive Session portion of this agenda constitutes a written interpretation of Chapter 551 of the Texas Local Government Code by the attorney for this corporation indicating that said subject or description thereof may be legally discussed in a closed meeting. Corpus Christi Page 3 Printed on 2/22/2017 REINVESTMENT ZONE #2 FUND #1111 BALANCE SHEET March 31, 2017 ASSETS Cash and cash equivalents Total assets LIABILITIES AND FUND BALANCES Liabilities Accounts payable Fund balance Restricted North Padre Island Development Total fund balance $ 10,184,645 10,184, 645 10,184, 645 10,184, 645 Total liabilities and fund balances $ 10,184,645 REINVESTMENT ZONE #2 FUND #1111 INCOME STATEMENT March 31, 2017 Revenues Taxes and business fees $ 3,401,910 Earnings on investments 357 Total revenues 3,402,268 Expenditures Community enrichment Debt service Interest Total expenditures 27,572 176,850 204,422 Excess (deficiency) of revenues over (under) expenditures 3,197,846 Other financing sources (uses) Transfer out Total other financing sources (uses) (5,825) (5,825) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other uses 3,192,021 Fund balance at beginning of year 6,992,624 Fund balance at March 31, 2017 $ 10,184,645 Reinvestment Zone Number TWo City of Corpus Christi Texas Packery Channel Projections - Using 5% Increase in TIF Collections Fiscal Year 2016-2017 Tax FYE Beginning NM Taxable Captured Value TIF Interest Total Annual cashding Ending TMal Ending CUMULATIVE Year TIF Fund Values Real Collections EarningsOees Project Flow TI Fu. Cagtal Projects TIF Fund Balance Dredging Maintenance e Balance Propery Expenses Expenses Balance Fund Balance Reserve Reserve Reserve Other Projects 2000 2001 $ 82,695,893 (1) - 2001 2002 $ 92,086,188 $ 10,905,193 $ 163,482 $ 354 $ 111,712 $ - 9 52,124 $ 52,124 $ - Agrees to CAM $ 52,124 2002 2003 $ 52,124 $ 101,265,608 $ 20,531,573 $ 281,039 $ 1,544 $ 58,594 $ - $ 223,989 $ 276,113 $ 963,594 Agrees tocAFo $ 1,239,707 2003 2004 $ 276,113 $ 111,377,838 $ 31,242,521 $ 460,542 $ 2,658 $ 168,833 $ - $ 294,367 $ 570,480 $ 464,836 Agrees toCAM $ 1,035,316 $3,000,000 2004 2005 $ 570,480 $ 148,690,968 $ 69,016,056 $ 1,015,239 $ 15,930 $ 503,177 $ - $ 527,992 $ 1,099472 $ 462,430 Agrees to CAM $ 1,560,902 $3,000,000 2005 2006 $ 1,099472 $ 173,610,137 $ 91,012,532 $ 1,333,540 $ 58,540 $ 672,150 $ - $ 719,930 $ 1,819402 $ 632,953 Agrees tocAFo $ 2,451,355 $3,000,000 2006 2007 $ 1,818,402 $ 252,025,820 $ 170,293,479 $ 2,332,093 $ 127,129 $ 817,482 $ - $ 1,641,740 $ 3,460,142 $ 79,997 Agrees tocAFn $ 3,540,139 $3,000,000 $ 540,139 2007 2008 $ 3,460,142 $ 345,361,546 $ 263,629,205 $ 2,851,595 $ 143,028 $ 1,316,295 $ - $ 1,678,328 $ 5,138,470 $ 168,074 AgrestocAFR $ 5,306,544 $3,000,000 $ 2,306,544 2008 2009 $ 5,138,470 $ 411,201,302 $ 328,505,409 $ 3,601,895 $ 24,525 $ 784,763 $ 1,123,035 $ 1,718,622 $ 6,857,092 $ 28,233 Agnea to cAFlx $ 6,885,325 91,500,000 $ 5,385,325 2009 2010 $ 6,857,092 $ 391,127,739 5 305,772,760 $ 3,357,599 $ 29 $ 775,293 $ 1,080,730 $ 1,501,605 $ 8,358,697 $ - AgreatocoFo $ 8,358,697 $1,500,000 $ 1,400,000 $ - $ 5,458,697 2010 2011 $ 8,358,697 $ 330,788,907 $ 249,503,484 $ 2,803,583 $ 3,167 $ 1,157,358 $ 3,940,583 $ (2,291,191) $ 6,067,506 $ 900,517 Agrees to CAM $ 6,968,023 $1,500,000 $ 1,400,000 $ - $ 4,068,023 2011 2012 $ 6,067,506 $ 299,932,835 $ 218,546,042 $ 2,399,907 $ 542 $ 1,224,045 $ 2,634,725 $ (1,458,321) $ 4,609,185 $ 1,072,652 Agrees tocAFM $ 5,681,837 91,500,000 92,500,000 $ 500,000 $ 1,181,837 2012 2013 $ 4,609,185 $ 319,401,639 $ 230,460,941 $ 2,513,028 $ - $ 1,189,008 $ 1,020,332 $ 303,689 $ 4,912,874 $ 1,242,938 AgreestoCAM $ 6,155,812 91,500,000 92,912,874 $ 500,000 $ 1,242,938 2013 2014 $ 4,912,874 $ 327,772,541 $ 238,911,352 $ 2,632,938 $ 99 $ 2,321,958 $ 159,762 $ 151,317 $ 5,064,191 $ 957,280 Agrees to CAM $ 6,021,471 $1,500,000 $3,064,191 $ 500,000 $ 957,280 2014 2015 $ 5,064,191 $ 362,775,885 $ 273,365,948 $ 2,880,930 $ 2 $ 1,267,694 $ 1,695,498 $ (82,260) $ 4,981,931 $ 2,363,453 Agrees to CAM $ 7,345,384 $1,500,000 $2,981,931 $ 500,000 $ 2,363,453 2015 2016 $ 4,981,931 $ 409,700,308 $ 327,004,415 $ 3,405,002 $ 511 $ 1,310,344 $ 84,476 $ 2,010,693 $ 6,992,624 $ 2,021,572 Agrees toCAM $ 9,014,196 $1,500,000 $4,000,000 $ 500,000 $ 3,014,196 2016 2017 $ 6,992,624 $ 435,126,626 $ 352,430,733 $ 3,575,252 $ - $ 1,349,700 $ 110,41. $ 2,115,091 $ 9,107,715 $ 2,005,716 adopted oudget $ 11,113,431 $ 1,500,000 $4,000,000 $ 500,000 $ 5,113,431 2017 2018 $ 9,107,715 $ 3,754,015 $ - $ 1,389,150 $ 790,206 $ 1,574,659 $ 10,682,373 $ 2,005,716 $ 12,688,089 $1,500,000 94,000,000 $ 500,000 $ 6,688,089 2018 2019 $ 10,682,373 $ 3,941,715 $ - $ 1,511,000 $ 3,620,44 $ (1,189,746) $ 9,492,628 $ 2,005,716 $ 11,498,344 $1,500,000 $4,000,000 $ 500,000 $ 5,498,344 2019 2020 $ 9,492,628 $ 4,138,801 $ - $ 1,615,200 $ 510,000 $ 2,013,601 $ 11,506,229 $ 2,005,716 $ 13,511,945 $1,500,000 $4,000,000 $ 500,000 $ 7,511,945 2020 2021 $ 11,506,229 $ 4,345,741 $ - $ 1,707,200 $ 510,000 $ 2,128,541 $ 13,634,770 $ 2,005,716 $ 15,640,486 $1,500,000 $4,000,000 $ 500,000 $ 9,640,486 2021 2022 $ 13,634,770 $ 4,563,028 $ - 5 1.687.225 $ 510,000 $ 2,365,803 $ 16,000,573 $ 2,005,716 $ 18,006,289 $1,500,000 $4,000,000 $ 500,000 $ 12,006,289 $ 56,350,964 5 378,058 5 22,938,181 $ 17,790,269 $ 16,000,573 Including released bond reserve $ 13,506,289 (1) - Obtained from the TIF Detail Report for 2008 from the Nueces County Tax Office Recap of Expenditures for FY 2015-2016 Recap of Expenditures for FY 2016-2017 Recap of Expenditures for FY 2017-2018 Packery Channel Miscellaneous Improvements $ - Packery Channel Miscellaneous Improvements $ - Packery Channel Miscellaneous Improvements $ 367,745 Marina Patrol $ 55,898 Funding for Park Road 22 Bridge $ - Packery Channel Restrooms, Phase 3 312,000 Administrative Costs $ 28,578 Marina Patrol $ 98,812 Marina Patrol 98,812 Total $ 84,476 Administrative Costs $ 11,649 Administrative Costs 11,649 Total Total $ 790,206 Recap of Expenditures for FY 2018-2019 Packery Channel Miscellaneous Improvements $ 510,000 Marina Patrol $ 98,812 Administrative Costs $ 11,649 Dredging of Channel $ 3,000,000 Total 'l$ 3,620,461 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E16336 Packery Channel Monitoring The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Texas A & M University — Corpus Christi, a Texas public university, 6300 Ocean Dr., Corpus Christi, Nueces County, Texas 78123, (TAMU-CC), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — SCOPE OF SERVICES 2 ARTICLE 11 — COMPENSATION 2 ARTICLE III — TIME AND PERIOD OF SERVICE 3 ARTICLE IV — INSURANCE REQUIREMENTS 4 ARTICLE V — TERMINATION OF AGREEMENT 4 ARTICLE VI — RIGHT OF REVIEW AND AUDIT 5 ARTICLE VII — OWNER REMEDIES 5 ARTICLE VIII — TAMU-CC REMEDIES 5 ARTICLE IX — CLAIMS AND DISPUTE RESOLUTION 6 ARTICLE X — MISCELLANEOUS PROVISIONS 7 Page 1 ARTICLE I — SCOPE OF SERVICES 1.1 TAMU-CC shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for TAMU-CC to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article X of this Agreement. 1.2 TAM U -CC shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 TAMU-CC shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by TAMU-CC to perform work pursuant to this Agreement shall be employees or subconsultants of TAMU-CC. TAMU-CC must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in TAM U -CC's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 TAM U -CC shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, eitherTAMU-CC or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 TAMU-CC will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. ARTICLE II — COMPENSATION 2.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $257,745. The Compensation listed includes a contingency in the amount of $75,886, which may be used at the City's discretion for additional or emergency services. The contingency cannot be paid to TAMU-CC unless the additional or emergency services are approved by the City in writing in advance. 2.2 TAM U -CC's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. TAMU-CC shall submit a Rate Schedule, as shown in Exhibit B-1, with their proposal. City and TAMU-CC agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 2.3 TAM U -CC agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 2.4 The Director of Engineering Services may request the TAMU-CC to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. TAMU-CC shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 2.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include TAM U -CC's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any Page 2 reimbursable expenses associated with the work. City will make prompt monthly payments in response to TAMU- CC's monthly invoices. 2.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 2.7 TAM U -CC certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. TAMU-CC further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of TAM U -CC's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of TAM U -CC or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. 2.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to TAMU-CC." 2.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which TAMU-CC is responsible, because of: 2.9.1 delays in the performance of TAMU-CC's work; 2.9.2 failure of TAMU-CC to make payments to subconsultants or vendors for labor, materials or equipment; 2.9.3 damage to City; or 2.9.4 persistent failure by TAMU-CC to carry out the performance of its services in accordance with this Agreement. 2.10 When the above reasons for withholding are removed or remedied by TAMU-CC, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 2.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, TAMU-CC shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event TAM U -CC does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 2.12 Request of final compensation by TAMU-CC shall constitute a waiver of claims except those previously made in writing and identified by TAMU-CC as unsettled at the time of final Payment Request. 2.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct TAMU-CC to suspend work pending receipt and appropriation of funds. ARTICLE III — TIME AND PERIOD OF SERVICE 3.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date) and approval of City Council. 3.2 This service shall be for a period of one year beginning on the Effective Date. Page 3 3.3 TAM U -CC agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by TAM U -CC and written authorization is provided by the Director of Engineering Services. 3.4 Time is of the essence for this Agreement. TAMU-CC shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. TAM U -CC and City are aware that many factors may affect the TAM U -CC's ability to complete the services to be provided under this agreement. TAMU-CC must notify the City within three business days of becoming aware of a factor that may affect TAMU-CC's ability to complete the services hereunder. 3.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. ARTICLE IV — INSURANCE REQUIREMENTS 4.1 TAMU-CC must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. TAMU-CC must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 4.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE V — TERMINATION OF AGREEMENT 5.1 By TAM U -CC: 5.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. TAM U -CC may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 5.1.2 TAMU-CC must follow the Termination Procedure outlined in this Agreement. 5.2 By City: 5.2.1 The City may terminate this agreement for convenience upon seven days' written notice to TAMU- CC at the address of record. 5.2.2 The City may terminate this agreement for cause upon ten days' written notice to TAMU-CC. If TAM U -CC begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If TAM U -CC again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days' written notice to the TAM U -CC with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by TAMU-CC for up to two years. 5.3 Termination Procedure 5.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or TAM U -CC takes action to cure a failure to perform under the cure period, TAMU- CC shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless TAM U -CC has successfully cured a failure to perform, TAM U -CC shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. Page 4 5.3.2 TAMU-CC shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 5.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, TAMU-CC will be compensated for its services based upon a Time & Materials calculation or TAMU-CC and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 5.3.4 TAMU-CC acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of TAMU-CC to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by TAM U -CC of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VI — RIGHT OF REVIEW AND AUDIT 6.1 TAM U -CC grants City, or its designees, the right to audit, examine or inspect, at City's election, all of TAMU- CC's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. TAMU-CC agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 6.2 TAMU-CC's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (TAM U -CC's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and TAMU-CC's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 6.3 City agrees that it shall exercise the right to audit, examine or inspect TAMU-CC's Records only during TAMU-CC's regular business hours. TAMU-CC agrees to allow City's designee access to all of TAMU-CC's Records, TAM U -CC's facilities and TAM U -CC's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. TAMU-CC also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 6.4 TAMU-CC shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE VII — OWNER REMEDIES 7.1 The City and TAMU-CC agree that in the event the City suffers actual damages as a result of material breach of this Agreement by TAMU-CC, the City may elect to pursue its actual damages and any other remedy allowed by law. ARTICLE VIII — TAMU-CC REMEDIES 8.1 If TAMU-CC is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond TAMU-CC's reasonable control, then the City shall excuse the failure for the duration of the event and for such a time as is reasonable to allow TAMU-CC to resume performance under this Agreement. Page 5 8.2 If TAM U -CC requests a remedy for a condition not specified above, TAMU-CC must file a Claim as provided in this Agreement. ARTICLE IX — CLAIMS AND DISPUTE RESOLUTION 9.1 Filing of Claims 9.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 9.1.2 Every Claim of TAM U -CC, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the TAM U -CC by his/her signature, verifying the truth and accuracy of the Claim. 9.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 9.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to TAMU-CC. If TAMU-CC is not satisfied with the proposal presented, TAMU-CC will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 9.2 Alternative Dispute Resolution 9.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 9.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 9.2.3 Mediation 9.2.3.1 In the event that City or TAMU-CC shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 9.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 9.2.3.3 In the event City and TAMU-CC are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. Page 6 9.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 9.3 City shall use the dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General to attempt to resolve any claim for a breach of contract made by the City that cannot be resolved in the ordinary course of business. City shall submit written notice of a claim of breach of contract to TAMU-CC's designated official, who will examine City's claim and any counterclaim and negotiate with City in an effort to resolve the claim. 9.4 TAM U -CC and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 9.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE EITHER PARTY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE X — MISCELLANEOUS PROVISIONS 10.1 Use of Local Expertise/Local Professional Participation. The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 10.2 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of TAM U -CC staff. This includes subcontracts entered into for services under this Agreement. If the TAMU-CC is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the TAMU-CC fee may be assigned in advance of receipt by the TAMU-CC without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10.3 Ownership of Intellectual Property. 10.3.1 "Intellectual Property" means know-how, copyrights, patents, trade secrets, ideas, thoughts, concepts, processes, techniques, data, development tools, models, drawings, specifications, prototypes, inventions, software, and other intellectual property. 10.3.2 "Project IP" means all Intellectual Property that is authored or conceived and reduced to practice in the performance of a this Agreement. 10.3.3 Ownership of Project IP will be as follows: 10.3.3.1 Title to any Project IP made or conceived solely by TAM U -CC personnel vests in TAM U -CC. 10.3.3.2 Title to any Project IP made or conceived solely by City personnel vests in City. Page 7 10.3.3.3 Title to any Project IP made or conceived jointly by personnel of both TAM UC - CC and City ("Joint IP") vests jointly in TAMU-CC and City. 10.3.4 In the absence of a written agreement to the contrary, TAMU-CC and City will be independent owners of any corresponding patent rights in any Joint IP under 35 USC §262 with no obligation of accounting to one another. 10.3.5 TAMU-CC grants City an irrevocable, royalty -free, non -transferable, nonexclusive right and license to use, reproduce, display, perform and otherwise practice without restriction any copyrightable materials (technical data, reports, etc.) delivered by TAM U -CC under a Task Order. 10.3.6 Nothing in this Agreement grants either party any rights to any of the other party's Intellectual Property that is not Project IP. 10.4 Standard of Care. Services provided by TAMU-CC under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality and under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent professional. 10.5 Disclaimer of Warranties. TAM U -CC makes no warranties, express or implied, as to any matter, including, without limitation, warranties as to the conduct, completion, success or particular results of the Project, or the condition, ownership, merchantability, or fitness for a particular purpose of the Project results or any Project IP or that the use of any Project IP or Project results will not infringe any intellectual property right of a third party. 10.6 Licensing. TAMU-CC shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 10.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and TAMU-CC and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and TAMU-CC. 10.8 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 10.9 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 10.10 Conflict Resolution Between Documents. TAMU-CC hereby agrees and acknowledges if anything contained in TAMU-CC-prepared Exhibit A, Scope of Services or in any other document prepared by TAMU-CC and included herein, is in conflict with the terms of this Agreement, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 8 CITY OF CORPUS CHRISTI TEXAS A & M UNIVERSITY — CORPUS CHRISTI J.H. Edmonds, P. E. Date Luis A. Cifuentes Director of Engineering Services Vice -President, Division of Research, Commercialization and Outreach 6300 Ocean Drive, Unit 58436 Corpus Christi, TX 78412-5843 (361) 825-3881 Office (361) 825-3920 Fax luis.cifuentes@tamucc.com RECOMMENDED Operating Department Date APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Project Number Accounting Unit Account Activity Account Category Fund Name Date Page 9 EXHIBIT A SCOPE OF SERVICES {{Insert Proposal & Scope of Services from A/E}} Contract for Professional Services Exhibit A EXHIBIT A-1 TASK LIST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A.") Contract for Professional Services Exhibit A-1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The TAMU-CC must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Contract for Professional Services Exhibit B-1 EXHIBIT C Insurance Requirements Geotechnical and Construction Materials Testing Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have Contract for Professional Services Exhibit C extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Contract for Professional Services Exhibit C 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services Exhibit C