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Agenda Packet City Council - 08/08/2017
Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 forward.cctexas.com Meeting Agenda - Final City Council Tuesday,August 8, 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 ingles 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 Paulette M. Guajardo, Council Member At-Large. C. Pledge of Allegiance to the Flag of the United States to be led by Jay Ellington, Director of Parks and Recreation. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-0976 Proclamation declaring August 6-12, 2017, "National Farmers' Market Week". Proclamation declaring August 10-13, 2017, "Solomon Melvin Coles Alumni Association 31st Reunion Days". Proclamation declaring August 2017, "National Immunization Awareness Month". City of Corpus Christi Page 1 Printed on 81712017 City Council Meeting Agenda-Final August 8, 2017 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: 2. 17-0969 Regular Meeting of July 25, 2017 and Workshop of July 19, 2017. Attachments: Minutes-July 25, 2017.pdf Minutes-July 19, 2017.pdf H. BOARD &COMMITTEE APPOINTMENTS: 3. 17-0983 Community Youth Development (78415) Program Steering Committee Crime Control and Prevention District Marina Advisory Committee Parks and Recreation Advisory Committee Attachments: Community Youth Development(78415) Program Steering Committee Crime Control and Prevention District Marina Advisory Committee Parks and Recreation Advisory Committee I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. 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. City of Corpus Christi Page 2 Printed on 81712017 City Council Meeting Agenda-Final August 8, 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 ATA LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 -22) 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. 17-0763 Construction Contract for Corona Drive from Flynn Parkway to Everhart Road (Bond 2014, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, L.P. dba Bay LTD. of Corpus Christi, Texas in the amount of$4,679,371.25 for Corona Drive from Flynn Parkway to Everhart Road for the total Base Bid. (Bond 2014 Proposition 1) Attachments: Agenda Memo Corona Drive Prosect Budget Corona Drive Location map Corona Drive Presentation Corona Drive Letter of Recommendation Bay Form 1295 Bay 5. 17-0804 Construction Contract and Professional Services Contract for Lifecycle Curb and Gutter Replacement Project Motion authorizing the City Manager, or designee, to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of$536,850 and to execute a professional services contract with Engineering and Construction Management City of Corpus Christi Page 3 Printed on 81712017 City Council Meeting Agenda-Final August 8, 2017 Services, LLC (ECMS) of Corpus Christ, Texas in the amount of$95,040 for the Lifecycle Curb & Gutter Replacement project. Both contracts will be executed for one base year with two (2) administrative one-year options. Attachments: Agenda Memo Lifecycle Curb and Gutter Project Budget Lifecycle Curb and Gutter Location Map Lifecycle Curb and Gutter Presentation Lifecycle Curb and Gutter Contract ECMS Letter of Recommendation Form 1295 ECMS Form 1295 A Ortiz Construction 6. 17-0918 Resolution for executing the Regional Transportation Authority (RTA) Notification for Additional Funding in 2017 Street Preventative Maintenance Program (SPMP) Resolution authorizing the City Manager or designee to execute the "Notification for Additional Funding in 2017 (Street Maintenance Program)" in an amount of$2,716,127.00 accepting the Corpus Christi Regional Transportation Authority's fiscal year 2017 allocation to the City's Street Preventative Maintenance Program (SPMP) projects. Attachments: Agenda Memo- Notification for Additional Funding in 2017.docx Resolution- RTA fundinq for FY 2017 for City's Street Preventative Maintenanc( 2013 RTA Interlocal Agreement.pdf 7. 17-0875 Purchase of Four Chevrolet Spark Vehicles for the Police Department Motion approving the purchase of four Chevrolet Spark vehicles from Caldwell Country Chevrolet, from Caldwell, Texas, based on a cooperative purchasing agreement with Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $65,458.60. Funds are budgeted in FY2016-2017. Attachments: Agenda Memo-Chevrolet Spark Vehicles Price Sheet-Chevrolet Spark Vehicles 8. 17-0895 Purchase of One Freightliner Flatbed Crew Truck and One Freightliner 5-Yard Dump Truck for Utilities Wastewater Department Motion authorizing the City Manager, or designee, to purchase one Freightliner flatbed crew truck and one Freightliner 5-yard dump truck from Houston Freightliner, Inc., of Houston, Texas, based on the City of Corpus Christi Page 4 Printed on 81712017 City Council Meeting Agenda-Final August 8, 2017 cooperative purchasing agreement with Houston-Galveston Area Council, for a total amount not to exceed $219,914. Funds are budgeted in FY2016-2017. Attachments: Agenda Memo- Flatbed Crew Truck and 5-Yard Dump Truck Price Sheet- Flatbed Crew Truck and 5-Yard Dump Truck 9. 17-0699 Service Agreement for Pump and Motor Repairs for Water Utilities Department Motion authorizing City Manager, or designee, to execute a service agreement with Smith Pump Company, Inc., of Woodway, Texas for pump and motor repairs in response to Request for Bid (RFB) No. 1048 based on the lowest, responsive, responsible bid for a total amount not to exceed $301,230, with an estimated expenditure of$ 50,205 in FY2016-2017 funded by the Water Department Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo- Pump and Motor Repairs 06-27-17(002) Bid Tab- Pump and Motor Repair for Utilities Form 1295- Pump and Motor Repair for Utilities Water Department.pdf Service Agreement-Pump and Motor Repairs.pdf 10. 17-0560 Lease Purchase Agreements for Computers, Laptops and Peripherals and Purchase of Servers and Monitors for Information Technology Services Motion authorizing the City Manager, or designee, to execute lease-purchase agreements with Hewlett Packard Enterprise Financial Services, of Berkeley Heights, New Jersey, for approximately 575 desktop computers for a lease-purchase term of 48-months, 420 laptop computers for a lease-purchase term of 36-months and peripherals, respectively, in accordance with the State of Texas cooperative purchasing program DIR-TSO-2538 for a total expenditure not to exceed $1,190,712; and to purchase ten servers and 300 monitors for an amount $92,850. No funds are required for FY2016-17; however, the total expenditure not to exceed $1,283,562 will be requested in future budget years. Attachments: Agenda Memo-Computer Leasing Price Sheet -Computer Leasing COF-Computer Leasing 11. 17-0877 Construction Contract for Residential Street Rebuild Program (RSRP) Test Project for Rogerson Drive from McArdle Road to Sunnybrook Road City of Corpus Christi Page 5 Printed on 81712017 City Council Meeting Agenda-Final August 8, 2017 Motion authorizing the City Manager, or designee, to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of$699,807.62 for the Rogerson Drive Project- McArdle Road to Sunnybrook Road for Base Bid 2 - Portland Cement Concrete (PCC) as part of the Residential Street Rebuild Program (RSRP) test projects. Attachments: Agenda Memo- Rogerson REV 3 Budget Rogerson v2 Location map- Rogerson Presentation Rogerson Form 1295 JE Construction Rogerson E16270- Recommendation Letter 7-6-17 CCAR- Bidding Asphalt vs Concrete 12. 17-0878 Second Reading Ordinance -Construction Contract for Residential Street Rebuild Program (RSRP) Test Projects for Ralston Avenue from Staples to Alameda (1st Reading 7/25/17) Ordinance amending the Fiscal Year 2017 Operational Budget adopted by Ordinance No. 030965 by increasing expenditures in the amount of $1,000,000 in Fund 1042 Residential / Local Streets and authorizing the City Manager, or designee, to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of $1,453,476.33 for the Ralston Avenue - Staples Street to Alameda Street for Base Bid B - HMAC (Asphalt) as part of the Residential Street Rebuild Program (RSRP) test projects. Attachments: Agenda Memo- Ralston REV 3 Ordinance-Ralston Budget Ralston v2 Ralston Drive Location Map Presentation RSRP Test Projects- Ralston and Rogerson Presentation Ralston Form 1295 JE Construction Letter of Recommendation- Ralston CCAR- Bidding Asphalt vs Concrete 13. 17-0838 Second Reading Ordinance -Amending the Unified Development Code Codifying Community Home use (1st Reading 7/25/17) Ordinance amending the Unified Development Code to codify Community Home use in residential districts; providing for severance; providing for penalty; providing for publication; and effective date. Attachments: Agenda Memo-Community Home Ordinance-Community Home City of Corpus Christi Page 6 Printed on 81712017 City Council Meeting Agenda-Final August 8, 2017 Presentation-Community Homes 14. 17-0896 Second Reading Ordinance -Accepting and appropriating funds for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant amendment for the Health Department (1st Reading 7/25/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of$50,000.00, increasing the total amount to $150,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2018; and appropriating the increased grant amount. Attachments: Agenda Memo-TX Health Communities Grant 10-1-2017 to 10-1-2018(aD_7-10-2C Ordinance-Amendinq Tx Healthy Communities Grant(10-1-2017 to 10-1-2018)( TX Healthy Communities Grant Contract No. 2016-00308D-Amend. No. 4(9-1- 15. 17-0897 Second Reading Ordinance -Accepting and appropriating grant funds for the Immunization Branch-Locals (IMM/LOCALS) grant for the Health Department (1st Reading 7/25/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Immunization Branch-Locals (IMM/LOCALS) grant in the amount of$241,637.00 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the contract period September 1, 2017, through August 31, 2018; and appropriating related program income in the estimated amount of$70,000.00 in the Health Grants Fund No. 1066. Attachments: Agenda Memo-Immunizations Grant 9-1-2017 to 9-1-2017(c)_7-13-2017 Ordinance-IMM Grant(9-1-2017 to 9-1-2018)(x)7-11-2017 IMM Grant Contract No. 537-18-0077-00001 (9-1-2017 to 9-1-2018)-PEND City 16. 17-0909 Second Reading Ordinance -Accepting and appropriating grant funds for Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant for the Health Department (1st Reading 7/25/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/Surveillance and City of Corpus Christi Page 7 Printed on 81712017 City Council Meeting Agenda-Final August 8, 2017 Epidemiology Ebola (IDCU/SUREB) grant in the amount of $204,855.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to perform surveillance and epidemiology activities for infectious diseases for the contract period September 1, 2017, through August 31, 2019. Attachments: Agenda Memo- Inf. Disease Preparedness Grant(9-1-2017 to 9-1-2019) ( ZIL Ordinance-DCPS-IDCU-SUR Contract No. 537-18-0289-00001 (9-1-2017 to 9- Contract-DCPS-IDCU-SUR Contract No. 537-18-0289-00001 (9-1-2017 to 9-1- 17. 17-0899 Second Reading Ordinance - Executing a Lease Agreement for Heritage Park Properties (1st Reading 7/25/17) Ordinance authorizing the City Manager or designee to execute a five-year lease agreement with Corpus Christi Convention &Visitors Bureau for the following Heritage Park properties in consideration of total monthly rental payment of$3,000.00 with annual increase of 2%, and authorizing credit for improvements: (1) the Jalufka House located at 1513 North Chaparral Street; (2) the Merriman-Bobys House located at 1521 North Chaparral Street; and (3) the McCampbell House located at 1501 North Chaparral; with one five-year extension option upon agreement of the parties. Attachments: Agenda Memo-CVB Lease- Heritage Park Ordinance-CVB Lease- Heritiage Park Lease-7.20.17 CVB 18. 17-0850 Second Reading Ordinance - Purchase of Three 2017 Ford F-250 CNG Trucks for Parks and Recreation (1st Reading 7/25/17) Ordinance appropriating $153,814.00 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of three 2017 Ford F-250 CNG trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $153,814.00; authorizing the City Manager or designee to execute all necessary documents to purchase a total of three 2017 Ford F-250 CNG trucks for$153,814.00 from Rush Truck Center, of New Braunfels, through a Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park operations. Attachments: Agenda Memo- Ford F250 CNG Trucks for Park and Recreation Rev 7.14.17 Ordinance-Ford F250 CNG Trucks for Park and Recreation Price Sheet- Ford F250 CNG Trucks for Parks and Recreation.xlsx 19. 17-0761 Second Reading Ordinance - Purchase of Five Brush Trucks for Solid Waste Operations (1st Reading 7/25/17) Ordinance appropriating $832,628.52 from the reserved future City of Corpus Christi Page 8 Printed on 81712017 City Council Meeting Agenda-Final August 8, 2017 replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of two brush trucks, two rear steer loader brush trucks and one self-loader brush truck; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $832,628.52; authorizing the City Manager or designee to execute all necessary documents to purchase a total of five 2018 Freightliner Chassis for$510,871.00 from Houston Freightliner, of Houston, Texas, and five brush truck bodies for $321,757.52 from Petersen Industries, Lake Wales, Florida, based on the cooperative purchasing agreements with Houston-Galveston Area Council and National Joint Powers Alliance, for a total amount not to exceed $832,628.52, for use by the Solid Waste Operations. Attachments: Agenda Memo- Brush Trucks for Solid Waste Operations Ordinance-Brush Trucks for Solid Waste Operations Price Sheet- Brush Trucks for Solid Waste Operations 20. 17-0849 Second Reading Ordinance -Appropriating Grant Funds for the Purchase of Aircraft Rescue Fire Fighting (ARFF)Vehicle (7125117) Ordinance appropriating $765,790 from Federal Aviation Administration Grant No. 3-48-0051-055-2017 in the No. 3020 Airport Capital Improvement Fund for the purchase of a Class 4 Aircraft Rescue Fire Fighting (ARFF) vehicle for use at Corpus Christi International Airport; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $765,790 each; authorizing the City Manager or designee to execute a supply agreement with Oshkosh Airport Products, LLC, of Appleton, Wisconsin, to purchase the ARFF vehicle in accordance with Request for Bid (RFB) No. 1093 based on the lowest responsive, responsible bid of$855,155, with the 10% match and additional funds for the purchase paid from Airport fund reserves. Attachments: Agenda Memo-Aircraft Rescue and Fire Fighting Vehicle Ordinance-Aircraft Rescue and Fire Fighting Vehicle.docx Bid Tabulation-Aircraft Rescue and Fire Fighting Vehicle.xlsx Supply Agreement-Aircraft Rescue Fire Fighting Vehicle.pdf FAA Award Form 1295-Aircraft Rescue and Fire Fighting Vehicle.pdf 21. 17-0876 Second Reading Ordinance -Appropriating funds to extend Taxiway"K" (Kilo) Construction at the Corpus Christi International Airport (7125117) Ordinance appropriating $274,267 from Federal Aviation Administration Grant No. 3-48-0051-050-2013, Amendment No. 5, in the No. 3020 Airport Capital Improvement Fund for additional funding for construction of approximately 7,150 square yards of new pavement to expand and extend Taxiway Kilo at the Corpus Christi International Airport and City of Corpus Christi Page 9 Printed on 81712017 City Council Meeting Agenda-Final August 8, 2017 necessary drainage, electrical, lighting and signage improvements, with the 10% match provided from the Airport Capital Reserve Fund; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $274,267 each. Attachments: Agenda Memo- FAA Grant No 50 Amendment 5 Ordinance Grant 50 Appropriation Amd5 vFinal 20170706 FAA Letter.pdf 22. 17-0868 Second Reading Ordinance -Amending City Code to Allow 24-hour Commercial Loading Zones (7125117) Ordinance amending Chapter 53, Section 163 "Standing or parking in commercial loading zones; restrictions" of the Corpus Christi Code of Ordinances to allow 24-hour commercial loading zones; and providing an effective date, for severance, for penalty and for publication. Attachments: Agenda Memo-ABC 24 Hour Commercial Loadinq Zone.docx Ordinance-ABC 24 hr loadinq zones-2017.docx Location Map-ABC 24 Hour Commercial Loading Zone v2.pdf Vicinity Map-ABC 24 Hour Commercial Loading Zone V2.pdf Presentation-ABC 24 Hour Commercial Load Zone.pptx L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 23 -25) 23. 17-0923 Public Hearing and First Reading Ordinance -Rezoning property located at 15057 Aruba Drive Case No. 0617-06 Aruba Bay Resort, LLC.: A change of zoning from the "CR-1/10" Resort Commercial District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay. The property is described as being Padre Island-Corpus Christi, Section C, Lots 17 thru 20 and Padre Island-Corpus Christi, Section E, Block 1, Lots 1 and 2, located along the west side of Leeward Drive at the intersection with Aruba Drive, and north of Windward Drive. Planning Commission and Staff Recommendation (July 12, 2017): Approval of the change of zoning from the "CR-1/10" Resort Commercial District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay with specified conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon City of Corpus Christi Page 10 Printed on 81712017 City Council Meeting Agenda-Final August 8, 2017 application by Aruba Bay Resort, LLC. ("Owner"), by changing the UDC Zoning Map in reference to Padre Island-Corpus Christi, Section C, Lots 17 thru 20 and Padre Island-Corpus Christi, Section E, Block 1, Lots 1 and 2, from the "CR-1/10" Resort Commercial District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0617-06 Aruba Bay Resort, LLC. Ordinance 0617-06 Aruba Bay Resort, LLC. with Exhibits Zoninq Report 0617-06 Aruba Bay Resort, LLC. with Exhibits Presentation 0617-06 Aruba Bay Resort, LLC. 24. 17-0924 Public Hearing and First Reading Ordinance -Rezoning property located at 3701 Airline Road Case No. 0617-02 Margaret A. Markins and Linda Kay Cox: A change of zoning from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District. The property is described as being Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, located along the west side of Airline Road, north of Lipes Boulevard, and south of Saratoga Boulevard. Planning Commission and Staff Recommendation (June 28, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Margaret A. Markins and Linda Kay Cox ("Owner"), by changing the UDC Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0617-02 Margaret A. Markins and Linda Kay Cox Ordinance 0617-02 Margaret A. Markins and Linda Kay Cox with Exhibits Zoning Report 0617-02 Margaret A. Markins and Linda Kay Cox with Exhibits Presentation 0617-02 Margaret A. Markins and Linda Kay Cox 25. 17-0941 Public Hearing and First Reading Ordinance -Amending the Unified Development Code to improve function and implementation Ordinance amending the Unified Development Code by revising Table 4.4.3.A "Residential Development (Two-Family and Townhouse districts)", subsection 5.2.14 "Self-Service Storage, Including Boat and City of Corpus Christi Page 11 Printed on 81712017 City Council Meeting Agenda-Final August 8, 2017 RV Storage" and subsection 7.3.12.E "Tree of Palm Requirement"; and providing for severance, penalties, and publication. Attachments: Agenda Memo CC UDC Amendments 8-8-2017 Ordinance UDC Amendments 8-8-2017 Presentation CC 8-8-2017 N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEM 26) 26. 17-0959 First Reading Ordinance - Lease Agreement for Arts Alive! Event Ordinance authorizing the City Manager or designee to execute an agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of area generally bounded by current and former N. Shoreline Blvd., between Coopers Alley and Williams Street, for the Arts Alive! Event and related activities on September 2-3 2017; September 1-2 2018; and August 31-September 1 2019. Attachments: Agenda Memo-Arts Alive! 2017 Ordinance-Arts Alive! 2017 Lease Agreement-Arts Alive! 2017 P. FUTURE AGENDA ITEMS: (ITEMS 27 -34) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 27. 17-0939 Resolution ratifying the submission of grant applications from the Homeland Security Grant Program Resolution ratifying the submission of grant applications in the amount of$98,235.59 to the Texas Office of the Governor- Homeland Security Grant Division, Homeland Security Grant Program for law enforcement terrorism prevention activities. Attachments: Agenda Memo-Grant Homeland Security Resolution-Grant Homeland Security 28. 17-0978 Authorizing settlement payment for Oso Golf Course cart barn damage Motion authorizing payment to Foresight Corpus Christi Golf LLC for claim settlement of$60,250 in construction expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016. Attachments: Agenda Memo- Foresight Golf Claim Settlement City of Corpus Christi Page 12 Printed on 81712017 City Council Meeting Agenda-Final August 8, 2017 Invoice- Foresight Corpus Christi Golf LLC-#574903 29. 17-0962 Resolution authorizing the City Manager to move forward with a Bond 2018 Street Program as outlined at the July 13, 2017 Council Workshop Resolution authorizing the City Manager to move forward with a 2018 Bond Program including an Implementation Plan as outlined by City Staff at the July 13, 2017 City Council Workshop. Attachments: Agenda Memo- Resolution Re Bond 2018.docx Resolution-2018 Bond Program and Implementation Plan REV.docx Attachment- Res 029485-Addl funding from Bond 2008.pdf 30. 17-0963 Resolution approving sale of Certificates of Obligation to fund repair of certain streets impacted by the Harbor Bridge Relocation Project Resolution directing City Manager to begin process for issuing $4,100,000 in Certificates of Obligation to fund repairs to streets impacted by the Harbor Bridge Replacement Project as discussed in the July 13, 2017 City Council Workshop. Attachments: Agenda Memo- Resolution Re Funding Harbor Bridge Related Streets.docx Resolution-Authorizing CO's for Streets impacted by HBRP REV.docx 31. 17-0604 Service Agreement for On-Call Plumbing Repair Services for the Utilities Department Motion authorizing City Manager, or designee, to execute a service agreement with Javier M. Reyna dba Spring Plumbing and Construction, of Corpus Christi, Texas for plumbing repair services in accordance with Request for Bids (RFB) No. 1123 based on the lowest, responsive and responsible bid for a total amount not to exceed $39,312.50, with an estimated expenditure of$6,552.08 in FY2016-2017. The term of the agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo- Plumbing Repair Services for Utilities Department. Bid Tab- Plumbing Repair Services for Utilities Department Agreement- Plumbing Repair Services for Utilities Department. Form 1295-Plumbing Repairs Utilites 32. 17-0966 Service Agreement for Emergency Spill and Remediation to Protect Storm Sewer System Motion authorizing City Manager, or designee, to execute a service agreement with Horizon Environmental, of Houston, Texas for City of Corpus Christi Page 13 Printed on 81712017 City Council Meeting Agenda-Final August 8, 2017 emergency spill response and remediation services in response to Request for Bid No.1036 based on the lowest, responsive, responsible bid for a total amount not to exceed $22,762.30, with an estimated expenditure of$3,793.72 in FY2016-2017, and funded by the Utilities Department-Storm Water Division. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo- Emergency Spill Response and Remediation Services Bid Tab- Emergency Spill Response and Remediation Services Service Agreement-Emergency Spill Response and Remediation Services Form 1295 - Emergency Spill Response and Remediation Services 33. 17-0748 Supply Agreement for hydrofluorosilicic acid for treatment of potable water at the O.N. Stevens Water Treatment Plant Motion authorizing the City Manager, or designee, to execute a supply agreement with Pencco, Inc. of San Felipe, Texas for the purchase of hydrofluorosilicic acid in response to Request for Bid (RFB) No. 1106 based on the lowest, responsive, responsible bid for a total amount not to exceed $182,250.00, with an estimated expenditure of$30,375.00 in FY2016-2017 funded by the Water Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Hydrofluorosilicic Acid for WTP Bid Tabulation-Hvdrofluorosilicic Acid for WTP Service Agreement-Hydrofluorisilicic Acid for WTP. Form - 1295-Hvdrofluorisilicic Acid for WTP 34. 17-0938 Purchase of 18 2017 Ford Trucks for the Utilities Department Motion authorizing the City Manager, or designee, to purchase 16 2017 Ford F-150 Service Trucks from Silsbee Ford, of Silsbee, Texas, for the amount of$478,877.50 and two 2017 Ford F-550 Service Trucks from Grande Truck Center of San Antonio, Texas, for$192,598.00 based on the Local Government Purchasing Cooperative dba Buyboard, for a total amount not to exceed $671,475.50. Funds are budgeted in FY2016-17. Attachments: Agenda Memo- 18 Ford Service Trucks for Utilities Price Sheet- 18 Ford Service Trucks for Utilities Q. BRIEFINGS: (ITEMS 35 -36) 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. 35. 17-0985 Old Bayview Cemetery Attachments: Agenda Memo-Old Bayview Cemetery City of Corpus Christi Page 14 Printed on 81712017 City Council Meeting Agenda-Final August 8, 2017 Presentation-Old Bavview Cemetery 36. 17-0988 Review of Type B Corporation Attachments: Agenda Memo-Type B Review Presentation-Type B Review August 2017 DRAFT Certificate of Formation-Type B Corporation DRAFT Bylaws-Corpus Christi B Corporation R. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. S. EXECUTIVE SESSION: (ITEMS 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. 17-0958 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 the City's professional service management agreement for the Corpus Christi Museum of Science and History. 38. 17-0957 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. 39. 17-1004 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 the right to remove and/or appoint members to the Board of Directors of the Corpus Christi Crime Control and Prevention District and the Corpus Christi Regional Economic Development Corporation and Article II of the City Charter, Section 2-311 of the City Code, restrictions on actions that may be taken by governmental entities against their employees pursuant to 42 USC 1983, 1st, 5th, & 14th Amendments to the U.S. Constitution, related federal laws, City charter provisions, ordinances, and state laws City of Corpus Christi Page 15 Printed on 81712017 City Council Meeting Agenda-Final August 8, 2017 and Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officer(s) (Directors of the Corpus Christi Crime Control and Prevention District) or to hear a complaint or a charge against public officer(s) (Directors of the Corpus Christi Crime Control and Prevention District). T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. U. ADJOURNMENT City of Corpus Christi Page 16 Printed on 81712017 Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 O forward.cctexas.com Meeting Minutes City Council Tuesday,July 25,2017 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order. B. Invocation to be given by Reverend Mike Morris, St. John's Methodist Church. Reverend Mike Morris gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Robert Rocha, Fire Chief. Fire Chief Robert Rocha 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 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: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn City of Corpus Christi Page 1 Printed on 81412017 City Council Meeting Minutes July 25, 2017 E. Proclamations /Commendations 1. Proclamation declaring July 29, 2017, "Feria de Las Flores Day". Presentation of Honorary Citizen Certificates to Seven 2017 Sister City Exchange Students. Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. Commendation recognizing Joan Veith as a Dedicated Public Servant on 86th Birthday. Mayor McComb presented the proclamation, honorary citizen certificates,and a certificate of commendation and conducted the swearing-in ceremony for newly appointed board 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 McComb deviated from the agenda and referred to comments from the public.Shirley Thornton, 1917 Woodcrest,spoke regarding Agenda Item 45, a briefing on homelessness and litter in the community; future expansion of the Litter Critter Program in Flour Bluff; and the reduction of homeless at Parker Park. Dee Lynn Torres, Express Soccer Club, thanked the City for helping make the 12th Annual Beach Soccerfest Tournament, held at McGee Beach,a success and expressed appreciation for the installation of the irrigation system at Salinas Park.Susie Luna Saldana,4710 Hakel, spoke regarding Agenda Item 10,an amendment to the Urban Transportation Plan by deleting Bronx Avenue, and requested that the item be tabled to allow the City Council to review the future growth of the area.Abel Alonzo, 1701 Thames,spoke regarding Item 20, reinstating Municipal Court Judge,and expressed support for the reinstatement of Young Min Burkett. Lydia Rios,7469 Convair, spoke regarding her property being a host home through Air BNB and requested assistance regarding issues related to City Code compliance and zoning. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb deviated from the agenda and referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: City of Corpus Christi Page 2 Printed on 81412017 City Council Meeting Minutes July 25, 2017 a. OTHER 1)The Bay Jammin' Movie and Music Night Series continues to be a successful event for visitors and local residents.The most-watched movies were Moana, with approximately 12,000 attendees,and Angry Birds,with approximately 9,000 attendees.The most-attended concert event,Aloha Dave and the Tourists, had approximately 1,000 attendees.The Series will continue through mid-August at Cole Park on Thursday and Friday nights.Additional information regarding upcoming movies and concerts are available on the City's website. 2)The City of Corpus Christi is conducting a fair housing assessment and invites residents and interested stakeholders.The assessment is a requirement of the U.S. Department of Housing and Urban Development in order to receive fair housing and community development funding.An on-line survey is available at www.cctexas.com/fairhousingassessment or citizens may pick up a hard copy survey at the Housing and Community Development Department located on the 2nd floor of City Hall. For more information,contact 361-826-3010.3)There are currently 65 city-wide projects underway, including streets,facilities, and parks.The following engineering construction projects have been recently completed: Navigation Boulevard -Up River Road to Leopard, Bond 2012; Collier Pool, Bond 2012;and Swantner Park, Bond 2012. 3)A tour will be held at the City's DNA Lab, located at the O.N.Stevens Water Treatment Plant, 13101 Leopard,on Friday,July 28,2017 at 10:00 a.m.This lab is the first in the country to be utilized as part of a public water system's water quality program testing for parasites, bacteria,and other elements affecting water quality. 4)Thanks to the Demolition Replacement Loan Program,the City's Housing and Community Development Department will soon be unveiling three reconstructed homes.The Demolition Replacement Loan Program assists homeowners with demolition and reconstruction of homes. In order to be demolished or rebuilt,structures must be over 50%deteriorated, or the cost to rehabilitate the home must exceed its value.Staff expects to complete five homes by the end of the year. More information about the program is available by calling 361-826-3010. G. MINUTES: 2. Regular Meeting of July 18, 2017 and Workshop of July 13, 2017. Mayor McComb 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: 3. Oil and Gas Advisory Committee Water Resources Advisory Committee Mayor McComb referred to board and committee appointments. The following appointments were made: Oil and Gas Advisory Committee Council Member Molina made a motion to reappoint Armando Mendez City of Corpus Christi Page 3 Printed on 81412017 City Council Meeting Minutes July 25, 2017 (Alternate-Oil Industry),William Moffitt(Oil Industry), Elizabeth Perez(General Public)and Randy Schnettler(General Public),seconded by Council Member Rubio and passed unanimously. Water Resources Advisory Committee Council Member Vaughn made a motion to realign Lucia Sosa from Citizen At-Large to School District; reappoint Joelle Francois (Residential Customer), Rocky Freund (Nueces River Representative), Robert A. Reece(Military Facility), and Brian Williams(Wholesale Treated); and appoint Leah Tiner (Citizen At-Large)and Faren K.Von Duben (Large Commercial Customer), seconded by Council Member Lindsey-Opel and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 16) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.There were no comments from the public. Council members requested that Items 8,9, 10 and 15 be pulled for individual consideration. A motion was made by Council Member Rubio,seconded by Council Member Molina,to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 4. Resolution ratifying the submission of a grant application to purchase a fire safety trailer Resolution ratifying the submission of a grant application in the amount of$58,082 with a hard match of$2,765 to the US Department of Homeland Security, Federal Emergency Management Agency to purchase a fire safety trailer; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. This Resolution was passed on the consent agenda. Enactment No: 031188 5. Construction Contract for Gollihar Outfall Repairs (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Robstown, Texas City of Corpus Christi Page 4 Printed on 81412017 City Council Meeting Minutes July 25, 2017 in the amount of$349,187 for the Gollihar Outfall Repairs for the Total Base Bid. (Capital Improvement Program) (CIP) This Motion was passed on the consent agenda. Enactment No: M2017-104 6. Amendment No. 2 to the Service Agreement for Preventative Maintenance of Breakpoint Chlorination System Motion authorizing the City Manager, or designee, to approve Amendment No. 2 to the Preventative Maintenance of the Breakpoint Chlorination System Service Agreement with Grace Water Services, LLC, for a total amount not to exceed $436,876.00 with an estimated expenditure of$218,438.00 in FY2016-2017 funded by the Wastewater Fund. This Motion was passed on the consent agenda. Enactment No: M2017-105 7. Amendment No. 1 to Contract for the Tax Increment Reinvestment Zone (TIRZ) No. 3 Integrated Traffic and Planning Study Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a contract for professional services with Gateway Planning Group, Inc. of Dallas, Texas in the amount of$175,500 for a restated fee of$225,000 for the TIRZ#3 Integrated Traffic and Planning Study project. This Motion was passed on the consent agenda. Enactment No: M2017-106 11. Second Reading Ordinance -Amending City Code to Exempt Certain City Owned Vehicles from Inscription Requirements (1st Reading 7118117) Ordinance amending Chapter 43, Article 1 of the Corpus Christi Code of Ordinances by adding Section 43-12 to exempt certain city owned vehicles from inscription requirements; and providing an effective date, for severance, and for publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031191 12. Second Reading Ordinance -Accepting and Appropriating funds for the Aerial and Emerging Robotics Team (1st Reading 7118117) Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L.P. in the amount of$2,300 to purchase City of Corpus Christi Page 5 Printed on 81412017 City Council Meeting Minutes July 25, 2017 equipment for the Aerial and Emerging Robotics team; and appropriating $2,300 from NuStar Energy L.P into the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Aerial and Emerging Robotics team. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031192 13. Second Reading Ordinance -Appropriating funds for replacement of the golf cart barn at Oso Beach Golf Course (1st Reading 7118117) Ordinance authorizing the City Manager or designee to execute all documents necessary to transfer$54,265.76 from the No. 5611 General Liability Fund to the No. 4691 Golf Capital Reserve Fund to be used to replace damaged Golf Cart Barn at Oso Golf Course and amending the Fiscal Year 2017 operating budget adopted by Ordinance No. 030965 by increasing revenues and expenditures in the No. 4691 Golf Capital Reserve Fund by $54,265.76 and authorizing settlement of claims arising from the unforeseen damage to this property in a total amount of$13,487.14. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031193 14. Second Reading Ordinance -Cash Loan from General Fund to Golf Fund for improvements at Gabe Lozano Golf Complex (1st Reading 7118117) Ordinance advancing $655,910 in cash from the No. 1020 General Fund and appropriating it in the No. 4690 Golf Fund as a loan to fund improvements to the 9-hole executive golf course at Gabe Lozano Golf Complex; loan to be repaid from the No. 4690 Golf Fund in the principal amount of$93,701.43 per year for seven years at a simple interest rate of 3.5% annually; and amending the FY2016-2017 Operating Budget adopted by Ordinance 030965 to increase expenditures in the No. 4690 Golf Fund by $655,910. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031194 16. Second Reading Ordinance -Appropriating funds for the purchase of a Kubota Front Loader Tractor for the Solid Waste Operations (1st Reading 7118117) Ordinance appropriating $81,363.92 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of a Kubota City of Corpus Christi Page 6 Printed on 81412017 City Council Meeting Minutes July 25, 2017 front loader tractor; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $81,363.92; authorizing the City Manager or designee to execute all necessary documents to purchase a Kubota front loader tractor for $81,363.92 from Kubota Tractor Corporation, of Grapevine, Texas, based on a cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard, for a total amount not to exceed $81,363.92, for use by Solid Waste Operations. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031196 8. Enterprise Licensing Renewal for Microsoft Office 365 Suite of Applications Motion authorizing the City Manager or designee to execute a three-year Microsoft Enterprise license agreement with Software House International, Inc. of Austin, Texas, through the Texas DIR Cooperative Purchasing Program (DIR-SDD-2503), for an amount not to exceed $2,100,000 of which $658,229 is funded for FY2016-2017, with license fees for years two and three of$647,813 annually and an estimated contingency of$146,000 for additional cloud infrastructure and license expenses subject to future annual budget appropriations. Mayor McComb referred to Item 8. In response to a council member, Director of Information Technology Belinda Mercado stated that staff would research options for alternative technology at a lower cost. Council Member Molina made a motion to approve the motion,seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-107 9. Resolution Amending Financial Budgetary Policies Resolution amending financial budgetary policies adopted by Resolution 030790 and providing financial policy direction on preparation of the annual budgets. Mayor McComb referred to Item 9,amendment to Financial Budgetary Policies. Director of Management and Budget Eddie Houlihan, City Manager Margie C. Rose and council members discussed the following topics:the minimum and maximum reserve fund balance in the General Fund;the Internal Services Fund not having a maximum reserve balance allowing each of the Internal Service City of Corpus Christi Page 7 Printed on 81412017 City Council Meeting Minutes July 25, 2017 Fund balances to grow;the total Unreserved Fund balance in the Internal Services funds of$2,575,023;concerns that the needs of the City are not being addressed with the Unreserved Fund balances;consideration of a decision package relating to the Unreserved Fund balances for Stores, Fleet, Facilities, Information Technology and Engineering departments;addressing the Unreserved Fund balance during the future budget discussions;and directing staff to identify a maximum cap for the Internal Services Unreserved Fund balance. Council Member Vaughn made a motion to amend the language in Section 4.1, Internal Service Funds,to remove the words "at least"to read clearly"It is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of 3%of the annual Internal Service Fund appropriations";and for the City Manager to create a decision package for the City Council to consider with the Unreserved Fund balances totaling$2,575,023 from the Stores, Fleet, Facilities, Information Technology,and Engineering Departments;and setting a maximum cap amount,seconded by Council Member Guajardo and passed unanimously. Council Member Garza made a motion to approve the resolution as amended, seconded by Council Member Lindsey-Opel. This Resolution was passed as amended and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: 031189 10. Second Reading Ordinance -Amending the Urban Transportation Plan for the Deletion of Bronx Avenue between Master Channel 31 and Yorktown Blvd (1st Reading 7118117) Ordinance amending the Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deleting Bronx Avenue a proposed C1 Minor Residential Collector between Yorktown Boulevard and Master Channel Ditch 31; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Mayor McComb referred to Item 10, an amendment to the Urban Transportation Plan to delete Bronx Avenue between Master Channel 31 and Yorktown Boulevard. Council members and staff discussed the following:the urgency of the amendment; Del Mar College having future plans to develop the area and anxiously waiting to know if they have to build the road in order to assist with their site planning;the concerns raised by the Corpus Christi Independent School District(CCISD);access in the area;and the traffic impact analysis. Murf Hudson, Urban Engineering,and Dr. Mark Escamilla, President of Del Mar City of Corpus Christi Page 8 Printed on 81412017 City Council Meeting Minutes July 25, 2017 College, spoke regarding the urgency of the City Council's decision to be able to move forward with the site plan and development of the southside campus. Dr. Escamilla said Del Mar College is committed to working with CCISD. Council Member Garza 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: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Vaughn Nay: 1 - Council Member Smith Abstained: 0 Enactment No: 031190 15. Second Reading Ordinance - Pilot license agreement with Mobilitie, LLC (1st Reading 7118117) Ordinance authorizing the City Manager or designee to execute a pilot license agreement between the City of Corpus Christi and Mobilitie, LLC for wireless facilities and poles in the right-of-way. Mayor McComb referred to Item 15, a pilot license agreement with Mobilitie, LLC. Interim Director of Development Services Bill Green, Katie DeShelter with Mobilitie, LLC,and council members discussed the following topics: the annual fee of$1,500 per small cell to be paid with the pilot license agreement and the maximum amount of$250 per small cell effective September 1, 2017 per Senate Bill 1004;the number of sites;ownership of the poles;concern with other mobile companies requesting use of public rights-of-way; the ability to set design standards; the minimum spacing criteria; how Mobilitie will address damaged equipment;concern with the aesthetics of the poles on City streets; the proposed equipment to be used;whether equipment can be placed underground;whether attachments can be added to the equipment in the future;and the City's ability to remove damaged equipment for the public's safety and charge Mobilitie for the associated fees. Mayor McComb called a recess for lunch. L. RECESS FOR LUNCH The Council recessed at 1:37 p.m.The Council returned from recess at 2:03 p.M. M. APPEALS OF DECISIONS OF THE BUILDING STANDARDS BOARD (ITEMS 17 - 18) To be held at approximately 2:00 p.m. Mayor McComb deviated from the agenda and referred to Items 17 and 18. City Attorney Miles K. Risley provided an overview of the procedures for the Building Standards Board appeals as stated in the agenda. City Attorney Risley explained the three options available to Council: 1)To deny the appeal (upholding the Building Standards Board's decision);2)To sustain the appeal City of Corpus Christi Page 9 Printed on 81412017 City Council Meeting Minutes July 25, 2017 (reversing the decision of the Building Standards Board);or 3)To amend the decision of the Building Standards Board (in whole or in part). 17. Resolution denying Adriana Jimenez, aka Adriana Orozco's appeal, thereby upholding Building Standards Board order to demolish the buildings and structures on the property located at 1203 Sabinas Street. Mayor McComb referred to Item 17. Police Commander David Blackmon presented a statement of facts regarding the property located at 1203 Sabinas Street including:the location of the property; evidence photos of the subject property; attempts to contact the multiple siblings on behalf of the deceased homeowner Jose Orozco; the case timeline; the City's abatement costs;and delinquent taxes. The Building Standards Board (Board) met on July 28, 2016 and recommended that the structure be removed or demolished within 30 days. Adriana Jimenez,Appellant,stated that on August 10, 2016,she submitted an appeal of the Building Standards Board's decision to demolish the property. Ms.Jimenez explained that she has been working to clean up the property and attempting to address the code violations. Ms.Jimenez stated that she has been making monthly payments on the delinquent taxes. Council members asked the Appellant and staff questions regarding the following topics:whether the Appellant addressed the code violations;the current condition of the property;whether Ms.Jimenez is the only one of her siblings to make arrangements to maintain the property;the Building Standards Board's actions to demolish the property because the family could not come to a consensus on who would be responsible for performing the corrective actions to bring the property into compliance with code; proper notification to the homeowners;whether the appellant has been working on the inside of the home;the amount of work left to complete the corrective actions and timeline;the reasons Code Enforcement officials have not gone out to re-inspect the property since corrections have been addressed;and an explanation of undue hardship. Mayor McComb opened the public hearing. Henry Ingram,spoke on behalf of the appellant and her efforts to improve the property and pay the taxes. Susie Luna Saldana,4710 Hakel, spoke regarding the Appellant's efforts to improve the property to make the home livable. Mayor McComb closed the public hearing. Assistant City Attorney Yvette Aguilar provided a packet to City Council containing the relevant laws applicable to the case.Assistant City Attorney Aguilar stated that the City Council has the arduous task of determining whether to uphold, reverse or modify the order of the Building Standards Board as it relates to the structures located at 1203 Sabinas Street.Assistant City Attorney Aguilar stated that the following are the facts of the appeal:the Appellant has not alleged and shown that the Boards'decision is erroneous; the Appellant has not alleged and shown that the Board's decision would cause undue hardship;and the Appellant has not alleged and shown that enforcement of the Board's order or any provision of the Code would be manifestly unjust and contrary to the the Code,the Corpus Christi Property Maintenance Code or the public's interest. City of Corpus Christi Page 10 Printed on 81412017 City Council Meeting Minutes July 25, 2017 Council members discussed the following topics: the appellant's inability to hire an attorney to put her case together;whether the City has a program to assist residents with compliance issues;consideration of the surrounding neighbors impacted by the neglected property;the timeframe for the notification of violations;whether the public would be better served by demolishing the property or allowing the Appellant an opportunity to make improvements;the Appellant's inability to qualify for City assistance because she is not the established owner of the property;whether the appellant has a path moving forward to address the ownership issues;the Appellant's attempt to make improvements to the property after the decision of the Building Standards Board; the Appellant's responsibility to present an action plan for the property during the Building Standars Board meeting;the total amount of delinquent taxes and abatements;the age of the Appellant's siblings; the cause for hardship must be written in the appeal that was filed with the City Secretary;what the Appellant's plans are for the home; options to sell the property; and the additional hurdles the Appellant would have to overcome regarding the property. Mayor McComb made a motion to approve the resolution,seconded by Council Member Smith. This Resolution was passed and approved with the following vote: Aye: 6- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Smith and Council Member Vaughn Nay: 3- Council Member Hunter, Council Member Molina and Council Member Rubio Abstained: 0 Enactment No: 031197 18. Resolution denying Linda Reyes appeal, thereby upholding Building Standards Board order to demolish the buildings and structures on the property located at 4918 Bonner Drive. Mayor McComb referred to Item 18. Police Commander David Blackmon presented a statement of facts regarding the property located at 4918 Bonner Drive including:the location of the property;evidence photos of the subject property; initial notice of violations; the case timeline; and the City's abatement costs. The Building Standards Board (Board) met on March 23,2017 and the owner did not appear or send an authorized representative. The Building Standards Board recommended that the structure be removed or demolished within 30 days. Commander Blackmon stated that the property owner has a clear pattern of neglecting this property that began in 2009 causing an adverse affect on the community and negatively impacting the neighborhood. Linda Reyes Benavides,Appellant, 8106 Calgary Drive,stated that she never received notification of the violations and was provided the letter regarding the demolition order by a renter of her property located on Williams Drive. Ms. Benavides explained that since submitting the appeal,she did find a stack of notices under the front step of the property on Bonner Drive. Ms. Benavides advised the City Council that she has received offers to repair the roof and is in the position to improve the property should the City Council sustain the appeal City of Corpus Christi Page 11 Printed on 81412017 City Council Meeting Minutes July 25, 2017 and remove the holds on the property. Ms. Benavides indicated that she has made repairs on the property, but cannot have contractors at the property without access to water. Council members and City Attorney Miles K. Risley asked questions regarding the following topics:the Appellant's claim of not receiving notification of violations;the return receipt for the notice of violation that was signed by the Appellant on January 19,2017;whether the Appellant was aware that the mailing address shown, by the Nueces County Appraisal District,for the owner of 4918 Bonner Drive is 4925 Williams Drive;whether the Appellant attended the Building Standards Board hearing;the timeline to get the property up-to-code;whether the property has ever been rented; payment of abatements;other properties in the neighborhood that are in worse shape; whether the Appellant can get the property up-to-code within 90 days; how long the Appellant has owned the property;the expectations of the City to maintain the property; and questions related to the electricity on the property where there is no record of permits being issued. Mayor McComb opened the public hearing.There were no comments from the public. Mayor McComb closed the public hearing. Assistant City Attorney Yvette Aguilar provided a packet to the City Council containing the relevant laws applicable to the case.Assistant City Attorney Aguilar stated that the City Council has the arduous task of determining whether to uphold, reverse or modify the order of the Building Standards Board as it relates to the structures located at 4918 Bonner Drive.Assistant City Attorney Aguilar stated that the following are the facts of the appeal:the Appellant has not alleged and shown that the Board's decision is erroneous; the Appellant has not alleged and shown that the Board's decision would cause undue hardship;and the Appellant has not alleged and shown that enforcement of the Board's order or any provision of the Code would be manifestly unjust and contrary to the the Code,the Corpus Christi Property Maintenance Code or the public's interest. Council Member Rubio made a motion to amend the decision of the Building Standards Board by allowing the Appellant 90 days to bring the property up-to-code,seconded by Council Member Molina. Council members discussed the following topics regarding the motion: whether the Appellant has the financial resources to repair the home within 90 days;the Appellant's ability to pay the abatement and liens on the property;the Appellant's lack of visiting or maintaining the property;and Local Government Code Section 214 which requires municipalities that allow the owner, lien holder or mortgagee more than 30 days to remove, repair or demolish the building, to establish time schedules for the commencement and performance for the work and shall require the owner, lien holder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed. Council Member Rubio amended her motion to amend the decision of the Building Standards Board to suspend the Board's order for 90 days and determine that the Board's order will be effective after 90 days following this date unless the property passes all inspections showing that it complies with the City's building code, other technical codes and the City's current Property City of Corpus Christi Page 12 Printed on 81412017 City Council Meeting Minutes July 25, 2017 Maintenance Code,and further,within 10 days,all the liens on the property that are payable and due to the City are paid, and within 45 days,the roof is completely replaced and the property is 50% renovated,and by the 90th day it will be 100% renovated and pass all city inspections and comply with the City's building code,other technical codes and the City's current Property Maintenance Code,and if any of those aforementioned conditions are not met, the suspension will be lifted and the Building Standards Board's order will be effective and the structure may be demolished,seconded by Council Member Molina.A brief discussion ensued regarding whether there was a conflict of interest for council members who know Ms. Benavides. The motion failed with the following vote: Council Members Garza, Molina,and Rubio,voting "Aye"; Council Members McComb, Hunter, Lindsey-Opel, Smith, and Vaughn, voting "No"; Council Member Guajardo-absent. Assistant City Attorney Aguilar presented an amended resolution for Item 18 which included additional photos and language in the findings to include that the buildings are considered dangerous "and deemed substandard". Council Member Lindsey-Opel made a motion to amend the resolution as stated by staff and deny Linda Reyes'appeal,thereby upholding the Building Standards Board's order to demolish the building and structures on the property located at 4918 Bonner Drive,seconded by Council Member Smith. The resolution failed with the following vote: Council Members McComb, Lindsey-Opel,Smith,and Vaughn,voting "Aye"; Council Members Garza, Hunter, Molina,and Rubio, voting "No"; Council Member Guajardo-absent. Mayor McComb called for a brief recess at 4:30 p.m. Mayor McComb recovened the meeting at 4:45 p.m. Mayor McComb made a motion to amend the resolution as stated by staff and deny Linda Reyes'appeal,thereby upholding the Building Standards Board's order to demolish the building and structures on the property located at 4918 Bonner Drive,seconded by Council Member Lindsey-Opel. This Resolution was passed as amended and approved with the following vote: Aye: 6- Mayor McComb, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Smith and Council Member Vaughn Nay: 3- Council Member Garza, Council Member Molina and Council Member Rubio Abstained: 0 Enactment No: 031198 K. CONSENT AGENDA: (ITEM 15) 15. Second Reading Ordinance - Pilot license agreement with Mobilitie, LLC (1st Reading 7118117) Ordinance authorizing the City Manager or designee to execute a pilot license agreement between the City of Corpus Christi and Mobilitie, City of Corpus Christi Page 13 Printed on 81412017 City Council Meeting Minutes July 25, 2017 LLC for wireless facilities and poles in the right-of-way. Mayor McComb deviated from the agenda and returned to the discussion on Item 15,a pilot license agreement with Mobilitie, LLC. Interim Director of Development Services Bill Green responded to council members'questions regarding the following topics:the Texas Legislature's passage of Senate Bill 1004 which limits cities from assessing and collecting fees for use of public rights-of-way for wireless facilities;whether the City has any control over the location of the poles;the terms in the contract related to placement and aesthetic requirements;consideration to include lighting on poles;the use of wooden, concrete or steel poles; requiring that power services be underground; clarification of the terms of the contract related to"grant of permission"; and amending the language in the contract to be more specific on the use of steel poles. Council Member Guajardo made a motion to amend the ordinance by changing Section 3.5.5 of the contract to read "Licensee shall not install wooden poles, but use steel poles at all leased locations",seconded by Council Member Vaughn and passed unanimously. Council Member Hunter made a motion to approve the ordinance as amended, seconded by Council Member Garza. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031195 N. PUBLIC HEARINGS: (ITEM 19) 19. Public Hearing and First Reading Ordinance -Amending the Unified Development Code Codifying Community Home use Ordinance amending the Unified Development Code to codify Community Home use in residential districts; providing for severance; providing for penalty; providing for publication; and effective date. Mayor McComb referred to Item 19.Assistant Director of Planning and ESI Daniel McGinn stated that the purpose of this item is to amend the Unified Development Code(UDC)to codify Community Home use in residential districts. Mr. McGinn presented the following information:the definition of community home; use regulations;the permitted zoning districts;the zoning districts where community homes are not permitted;the specific standards for community homes;and the staff and Planning Commission's recommendation to approve the amendment to the UDC to codify community home use in residential districts pursuant to Texas Human Resources Code§123.003(a). Council members and staff discussed the following topics: how the definition of bedrooms is determined;the difference between community homes and City of Corpus Christi Page 14 Printed on 81412017 City Council Meeting Minutes July 25, 2017 group homes;the distance between community homes in the City;community homes'licensing process with the state;the state requiring that community homes be allowed in residential districts; placement of a community home in an industrial area similar to Haven for Hope, a facility to address homelessness in San Antonio,Texas;whether drug addiction is considered a disability; whether homeless individuals would qualify to reside in a community home; how the state regulates community homes;the permitted zoning districts. Mayor McComb opened the public hearing.There were no comments from the public. Mayor McComb closed the public hearing. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 O. REGULAR AGENDA: (ITEMS 20 -25) 20. Second Reading Ordinance - Reinstating Municipal Court Judge Ordinance reinstating Young Min Burkett as Municipal Judge of the Municipal Court of Record in the City of Corpus Christi, Texas; determining salary; providing a term of office; and declaring an effective date. Mayor McComb referred to Item 20, reinstatement of Young Min Burkett as a Judge of the Municipal Court. City Attorney Miles K. Risley presented an amended ordinance changing the effective date of the ordinance to August 9, 2017.Young Min Burkett will return to work on August 14,2017. Under the Texas Constitution's definition, Ms. Burkett is currently qualified to be a Municipal Court Judge. However,the Texas Election Code narrows the definition of qualified voter requiring that a person be a registered voter. To ensure that the paperwork is fully valid and cannot be challenged by a criminal defendant relating to orders or warrants that the judge would sign in the future, staff is recommending reinstatement of the judge pursuant to an ordinance effective August 9,2017.There were no comments from the Council or the public. Council Member Garza made a motion to amend the ordinance, seconded by Council Member Molina and passed unanimously. Council Member Garza made a motion to approve the Ordinance as amended, seconded by Council Member Molina. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina and Council Member Smith City of Corpus Christi Page 15 Printed on 81412017 City Council Meeting Minutes July 25, 2017 Nay: 2- Council Member Rubio and Council Member Vaughn Abstained: 0 Enactment No: 031199 21. Second Reading Ordinance -Amending membership and meeting requirements of the Corpus Christi Museum of Science and History Advisory Board (1st Reading 7/18/17) Ordinance amending Chapter 2 of the Corpus Christi Code of Ordinances to change the membership of the Corpus Christi Museum of Science and History Advisory Board and change the Board's meeting requirements from quarterly to bimonthly; providing an effective date, for severance, and for publication. Mayor McComb referred to Item 21.Assistant to the City Manager Esther Velazquez stated that the purpose of this item is to amend the City's Code of Ordinances, Chapter 2,to change the meeting frequency and membership makeup of the Corpus Christi Museum of Science and History Advisory Board. During the first reading of the ordinance, a question was raised regarding the inclusion of superintendents of the other school districts in Corpus Christi, in addition to Corpus Christi Independent School District,as ex-officio board members.The Advisory Board was made aware of Council's request and concurred with the change.The Advisory Board will place the amendment on their agenda for confirmation.The ordinance has been amended to include superintendents of Corpus Christi Independent School District; Calallen Independent School District, Flour Bluff Independent School District, Tuloso-Midway Independent School District and West Oso Independent School District.There were no comments from the public. Council Member Lindsey-Opel made a motion to amend the ordinance, seconded by Council Member Hunter and passed unanimously. Council Member Lindsey-Opel made a motion to approve the ordinance as amended,seconded by Council Member Hunter. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031200 22. Second Reading Ordinance - Rezoning property located at 4626 Weber Road (1st Reading 7/11/17) (Reconsideration and 1st Reading 7/18/17) (Requires 3/4 Vote) Case No. 0317-07 Mohammed Motaghi: A change of zoning from the "RS-6/SP" Single-Family 6 District with a Special Permit to the "CN-1" City of Corpus Christi Page 16 Printed on 81412017 City Council Meeting Minutes July 25, 2017 Neighborhood Commercial District. The property is described as being a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road. Planning Commission and Staff Recommendation (May 17, 2017): Denial of the change of zoning from "RS-6/SP" Single-Family 6 District with a Special Permit to the "CN-1" Neighborhood Commercial District, in lieu thereof approval of the "RS-6/SP" Single-Family 6 District with a Special Permit with conditions. Reconsidered Ordinance by City Council on July 18, 2017: (Requires 3/4 Vote Ordinance amending the Unified Development Code ("UDC"), upon application by Mohammed Motaghi ("Owner"), by changing the UDC Zoning Map in reference to a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, from the "RS-6/SP" Single-Family 6 District with a Special Permit to the "ON" Neighborhood Office District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 22. Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property from the"R-S-6/SP"Single-Family 6 District with a Special Permit to the"ON" Neighborhood Office District.There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031201 23. Second Reading Ordinance regarding the City of Corpus Christi's proposed FY2017-2018 Consolidated Annual Action Plan (1st Reading 7/11/17) Ordinance to adopt the fiscal year (FY) 2017-2018 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City City of Corpus Christi Page 17 Printed on 81412017 City Council Meeting Minutes July 25, 2017 Manager or designee to submit the FY2017-2018 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt of the grants from HUD into the Grant Fund No. 1059 for the approved FY2017-2018 CAAP projects and further to execute funding agreements, amendments and all other documents necessary to implement the FY2017-2018 CAAP with organizations for approved projects. Mayor McComb referred to Item 23. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to adopt the FY2017-2018 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant(CDBG), Emergency Solutions Grant(ESG)and the HOME Investment Partnerships (HOME) Programs. Mr. Bentancourt provided memos in the packet in response to requests from council members made at the July 11,2017 Council meeting. Mr. Bentancourt presented an overview of the changes made to CDBG recommendations from the July 11,2017 Council meeting. Council members and staff discussed the following topics: the importance of showing program income; a focus on the ability to address housing projects; which of the HOME funds could be repurposed to explore a different approach to affordable housing; exploring what other communities of similar make-up to the City are doing regarding affordable housing; use of the Homebuyer Gap Financing Program allocation as an alternative for affordable housing or to fund an existing program;funding for Code Enforcement;consideration to set aside the HOME funds related to Gap funding for 90 days to explore affordable housing alternatives;whether funding can be used for the acquisition of parkland to be used for affordable housing;ways to acquire property to target low-income families;discussions with builders to address affordable housing; consideration to create a committee to research affordable housing alternatives and evaluation of subdivisions created by the Nueces County Community Action Agency and the Corpus Christi Housing Authority;and support for the Homebuyer Gap Financing Program to assist the moderate-income population. Council Member Lindsey-Opel made a motion to set aside HOME funds in the amount of$375,000,which were recommended for use in the City's Homebuyer Gap Financing Program,for 90 days to allow staff to research alternative affordable housing methods,with the ability to redistribute the funds to current programs or fund the Gap program, seconded by Council Member Smith and passed unanimously. Council Member Lindsey-Opel made a motion to approve the ordinance as amended,seconded by Council Member Molina. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 City of Corpus Christi Page 18 Printed on 81412017 City Council Meeting Minutes July 25, 2017 Enactment No: 031202 24. Setting the City Council Meeting Date to Adopt the Property Tax Rate Motion setting September 12, 2017 as the date of the adoption of the ad valorem tax rate of$0.606264 per$100 valuation. Mayor McComb referred to Item 24. Director of Financial Services Constance Sanchez stated that the purpose of this item is to set the City Council meeting date to adopt the property tax rate.There were no comments from the Council or the public. Council Member Garza made a motion to approve the motion,seconded by Council Member Lindsey-Opel. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-108 25. Setting Two Public Hearings Related to Fiscal Year 2017-2018 Property Tax Motion setting a public hearing on the ad valorem tax rate for August 22, 2017 and a second public hearing for August 29, 2017 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Mayor McComb referred to Item 25. Director of Financial Services Constance Sanchez stated that the purpose of this item is to schedule two public hearings related to the FY2017-2018 Property Tax. In response to a council member, Ms. Sanchez explained that the proposed tax rate utilized in the current FY2017-2018 is the current tax rate. The public hearings proposed for August 22,2017 and August 29,2017 allows for the public to make comments regarding the rate.Action regarding the property tax will take place at the September 12,2017 council meeting.There were no comments from the public. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Vaughn. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-109 City of Corpus Christi Page 19 Printed on 81412017 City Council Meeting Minutes July 25, 2017 P. FIRST READING ORDINANCES: (ITEMS 26 -35) 26. First Reading Ordinance -Accepting and appropriating funds for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant amendment for the Health Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of$50,000.00, increasing the total amount to $150,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2018; and appropriating the increased grant amount. Mayor McComb referred to Item 26.Assistant Director of Public Health Bill Uhlarik stated that the purpose of this item is to accept an amendment to a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Health Communities grant in the amount of$50,000, increasing the total amount to$150,000 and extending the contract period from October 1,2015 to September 30,2018. There were no comments from the Council or the public. Council Member Rubio 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: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 27. First Reading Ordinance -Accepting and appropriating grant funds for the Immunization Branch-Locals (IMM/LOCALS) grant for the Health Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Immunization Branch-Locals (IMM/LOCALS) grant in the amount of$241,637.00 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the contract period September 1, 2017, through August 31, 2018; and appropriating City of Corpus Christi Page 20 Printed on 81412017 City Council Meeting Minutes July 25, 2017 related program income in the estimated amount of$70,000.00 in the Health Grants Fund No. 1066. Mayor McComb referred to Item 27.Assistant Director of Public Health Bill Uhlarik stated that the purpose of this item is to accept,amend and appropriate a grant to fund an immunization program in the amount of$241,637 for the contract period September 1,2017 through August 31, 2018.There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 28. First Reading Ordinance -Accepting and appropriating grant funds for Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant for the Health Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant in the amount of $204,855.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to perform surveillance and epidemiology activities for infectious diseases for the contract period September 1, 2017, through August 31, 2019. Mayor McComb referred to Item 28.Assistant Director of Public Health Bill Uhlarik stated that the purpose of this item is to accept a grant contract for Infectious Disease Control Unit/Survelliance and Epidemiology Ebola in the amount of$204,855 for the contract period September 1,2017 through August 31,2019. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 29. First Reading Ordinance - Executing a Lease Agreement for Heritage Park Properties City of Corpus Christi Page 21 Printed on 81412017 City Council Meeting Minutes July 25, 2017 Ordinance authorizing the City Manager or designee to execute a five-year lease agreement with Corpus Christi Convention &Visitors Bureau for the following Heritage Park properties in consideration of total monthly rental payment of$3,000.00 with annual increase of 2%, and authorizing credit for improvements: (1) the Jalufka House located at 1513 North Chaparral Street; (2) the Merriman-Bobys House located at 1521 North Chaparral Street; and (3) the McCampbell House located at 1501 North Chaparral; with one five-year extension option upon agreement of the parties. Mayor McComb referred to Item 29. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to execute a five-year lease agreement with the Corpus Christi Convention and Visitors Bureau (CVB)for the use of three houses located in Heritage Park. Mr. Ellington provided information on the terms of the agreement;total cost of rent;and the CVB's ability to receive rent credit for improvements to the properties.There were no comments from the public. Council members spoke regarding the following topics:cost of construction; the City's ability to oversee improvements;and responsibility for payment of utilities and insurance. Paulette Kluge, CVB, provided information on the CVB's use of the properties for office space and plans to revitalize Heritage Park. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 30. First Reading Ordinance - Purchase of Three 2017 Ford F-250 CNG Trucks for Parks and Recreation Ordinance appropriating $153,814.00 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of three 2017 Ford F-250 CNG trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $153,814.00; authorizing the City Manager or designee to execute all necessary documents to purchase a total of three 2017 Ford F-250 CNG trucks for$153,814.00 from Rush Truck Center, of New Braunfels, through a Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park operations. Mayor McComb referred to Item 30. Director of Fleet Maintenance Jim Davis stated that the purpose of this item is to purchase three 2017 Ford F-250 CNG trucks in the amount of$153,814 for use by the Parks and Recreation City of Corpus Christi Page 22 Printed on 81412017 City Council Meeting Minutes July 25, 2017 Department for park operations.There were no comments from the Council or the public. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 31. First Reading Ordinance - Purchase of Five Brush Trucks for Solid Waste Operations Ordinance appropriating $832,628.52 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of two brush trucks, two rear steer loader brush trucks and one self-loader brush truck; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $832,628.52; authorizing the City Manager or designee to execute all necessary documents to purchase a total of five 2018 Freightliner Chassis for $510,871.00 from Houston Freightliner, of Houston, Texas, and five brush truck bodies for$321,757.52 from Petersen Industries, Lake Wales, Florida, based on the cooperative purchasing agreements with Houston-Galveston Area Council and National Joint Powers Alliance, for a total amount not to exceed $832,628.52, for use by the Solid Waste Operations. Mayor McComb referred to Item 31. Director of Fleet Maintenance Jim Davis stated that the purpose of this item is to purchase five brush trucks for Solid Waste Operations.There were no comments from the public. Council members and staff discussed the following topics: the difference between unit price and extended price;the vehicles being replacements to the fleet;the impact on current operations;the number of crews and brush trucks in operation; and the brush collection schedule. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Vaughn. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 32. First Reading Ordinance -Appropriating Grant Funds for the Purchase of Aircraft Rescue Fire Fighting (ARFF)Vehicle City of Corpus Christi Page 23 Printed on 81412017 City Council Meeting Minutes July 25, 2017 Ordinance appropriating $765,790 from Federal Aviation Administration Grant No. 3-48-0051-055-2017 in the No. 3020 Airport Capital Improvement Fund for the purchase of a Class 4 Aircraft Rescue Fire Fighting (ARFF) vehicle for use at Corpus Christi International Airport; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $765,790 each; authorizing the City Manager or designee to execute a supply agreement with Oshkosh Airport Products, LLC, of Appleton, Wisconsin, to purchase the ARFF vehicle in accordance with Request for Bid (RFB) No. 1093 based on the lowest responsive, responsible bid of$855,155, with the 10% match and additional funds for the purchase paid from Airport fund reserves. Mayor McComb referred to Item 32. Director of Aviation Fred Segundo stated that the purpose of this item is to appropriate$765,790 from Federal Aviation Administration Grant No.55 for the purchase of a Class 4 Aircraft Rescue Fire Fighting Vehicle and execute a supply agreement with OshKosh Airport Products, LLC.There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 33. First Reading Ordinance -Appropriating funds to extend Taxiway "K" (Kilo) Construction at the Corpus Christi International Airport Ordinance appropriating $274,267 from Federal Aviation Administration Grant No. 3-48-0051-050-2013, Amendment No. 5, in the No. 3020 Airport Capital Improvement Fund for additional funding for construction of approximately 7,150 square yards of new pavement to expand and extend Taxiway Kilo at the Corpus Christi International Airport and necessary drainage, electrical, lighting and signage improvements, with the 10% match provided from the Airport Capital Reserve Fund; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $274,267 each. Mayor McComb referred to Item 33. Director of Aviation Fred Segundo stated that the purpose of this item is to appropriate$274,267 from Federal Aviation Administration Grant No.50,Amendment No. 5,to expand and extend Taxiway "K" (Kilo)Construction.There were no comments from the Council or the public. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 24 Printed on 81412017 City Council Meeting Minutes July 25, 2017 Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 34. First Reading Ordinance -Amending City Code to Allow 24-hour Commercial Loading Zones Ordinance amending Chapter 53, Section 163 "Standing or parking in commercial loading zones; restrictions" of the Corpus Christi Code of Ordinances to allow 24-hour commercial loading zones; and providing an effective date, for severance, for penalty and for publication. Mayor McComb referred to Item 34. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the City's Code of Ordinances,Section 53-163 to allow 24-hour commercial loading zones. The management of the American Bank Center requested a designation for a 24-hour commercial loading zone on the west side of Shoreline Drive to allow commercial vehicles to park during all hours for freight materials pickup and delivery. Corpus Christi Fire, Police,Street Operations and Legal staff all concur with the amendment.The Transportation Advisory Commission recommended approval at their May 22, 2017 meeting.There were no comments from the public. Council members and staff discussed the following topics: the location of the loading zone at the American Bank Center; utilization of commercial loading at the American Bank Center; and the amendment assisting the American Bank Center by detering citizens from standing or parking unnecessarily in the area designated for commercial loading. Council Member Lindsey-Opel 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: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 35. First Reading Ordinance -Construction Contract for Residential Street Rebuild Program (RSRP) Test Projects for Ralston Avenue from Staples to Alameda Ordinance amending the Fiscal Year 2017 Operational Budget adopted by Ordinance No. 030965 by increasing expenditures in the amount of$1,000,000 in Fund 1042 Residential / Local Streets and authorizing the City Manager, or designee, to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of$1,453,476.33 for the Ralston Avenue - Staples Street to City of Corpus Christi Page 25 Printed on 81412017 City Council Meeting Minutes July 25, 2017 Alameda Street for Base Bid B - HMAC (Asphalt) as part of the Residential Street Rebuild Program (RSRP) test projects. Mayor McComb referred to Item 35. Executive Director Valerie Gray stated this discussion will be regarding Item 35 and 36 related to the Residential Street Rebuild Program(RSRP)Test Project for Ralston Avenue and Rogerson Drive. Ms. Gray presented the following information: background on RSRP;a map of the project locations;work products; highlighted points as a result of the bidding process;communications and branding of the program;and timelines. Ms. Gray stated that the purpose of Item 36 is to execute a construction contract with J.E. Construction Services for the Rogerson Drive Project- McArdle Road to Sunnybrook Road for Base Bid 2. Ms. Gray provided an overview of the project's scope; bidding process;staffs recommendation to waive irregularities in the bids; the recommendation to use concrete;and the project's schedule. Ms. Gray stated that the purpose of Item 35 is to amend the FY2017 Operating budget by increasing expenditures in the amount of$1,000,000 in Residential/ Local Streets Fund and execute a construction contract with J.E. Construction Services for the Ralston Avenue-Staples Street to Alameda Street for Base Bid B. Ms. Gray provided an overview of the project's scope; bidding process; staff's recommendation to waive irregularities in the bids;the recommendation to use asphalt;and the project's schedule. Council members and staff discussed the following topics: notification to residents in the project areas;the irregularities in the bids;whether the improvements to Ralston Avenue address drainage issues;the use of concrete on Rogerson Drive;the reasons for the difference in engineering design costs between the two projects; use of design-build on future projects; protocol relating to bid irregularities and the criteria that must be satisfied;and the life span of streets. There were no comments from the public. Council Member Molina made a motion to approve the Ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Q. FUTURE AGENDA ITEMS: (ITEMS 36 -43) Mayor McComb referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had a planned presentation on Item 39. 36. Construction Contract for Residential Street Rebuild Program (RSRP) Test Project for Rogerson Drive from McArdle Road to Sunnybrook Road Motion authorizing the City Manager, or designee, to execute a construction contract with J.E. Construction Services of Corpus Christi, City of Corpus Christi Page 26 Printed on 81412017 City Council Meeting Minutes July 25, 2017 Texas in the amount of$699,807.62 for the Rogerson Drive Project- McArdle Road to Sunnybrook Road for Base Bid 2 - Portland Cement Concrete (PCC) as part of the Residential Street Rebuild Program (RSRP) test projects. This Motion was recommended to the consent agenda. 37. Construction Contract for Corona Drive from Flynn Parkway to Everhart Road (Bond 2014, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, L.P. dba Bay LTD. of Corpus Christi, Texas in the amount of$4,679,371.25 for Corona Drive from Flynn Parkway to Everhart Road for the total Base Bid. (Bond 2014 Proposition 1) This Motion was recommended to the consent agenda. 38. Construction Contract and Professional Services Contract for Lifecycle Curb and Gutter Replacement Project Motion authorizing the City Manager, or designee, to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of$536,850 and to execute a professional services contract with Engineering and Construction Management Services, LLC (ECMS) of Corpus Christ, Texas in the amount of$95,040 for the Lifecycle Curb & Gutter Replacement project. Both contracts will be executed for one base year with two (2) administrative one-year options. This Motion was recommended to the consent agenda. 39. Resolution for executing the Regional Transportation Authority (RTA) Notification for Additional Funding in 2017 Street Preventative Maintenance Program (SPMP) Resolution authorizing the City Manager or designee to execute the "Notification for Additional Funding in 2017 (Street Maintenance Program)" in an amount of$2,716,127.00 accepting the Corpus Christi Regional Transportation Authority's fiscal year 2017 allocation to the City's Street Preventative Maintenance Program (SPMP) projects. This Resolution was recommended to the consent agenda. 40. Purchase of Four Chevrolet Spark Vehicles for the Police Department Motion approving the purchase of four Chevrolet Spark vehicles from Caldwell Country Chevrolet, from Caldwell, Texas, based on a City of Corpus Christi Page 27 Printed on 81412017 City Council Meeting Minutes July 25, 2017 cooperative purchasing agreement with Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $65,458.60. Funds are budgeted in FY2016-2017. This Motion was recommended to the consent agenda. 41. Purchase of One Freightliner Flatbed Crew Truck and One Freightliner 5-Yard Dump Truck for Utilities Wastewater Department Motion authorizing the City Manager, or designee, to purchase one Freightliner flatbed crew truck and one Freightliner 5-yard dump truck from Houston Freightliner, Inc., of Houston, Texas, based on the cooperative purchasing agreement with Houston-Galveston Area Council, for a total amount not to exceed $219,914. Funds are budgeted in FY2016-2017. This Motion was recommended to the consent agenda. 42. Service Agreement for Pump and Motor Repairs for Water Utilities Department Motion authorizing City Manager, or designee, to execute a service agreement with Smith Pump Company, Inc., of Woodway, Texas for pump and motor repairs in response to Request for Bid (RFB) No. 1048 based on the lowest, responsive, responsible bid for a total amount not to exceed $301,230, with an estimated expenditure of$ 50,205 in FY2016-2017 funded by the Water Department 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. This Motion was recommended to the consent agenda. 43. Lease Purchase Agreements for Computers, Laptops and Peripherals and Purchase of Servers and Monitors for Information Technology Services Motion authorizing the City Manager, or designee, to execute lease-purchase agreements with Hewlett Packard Enterprise Financial Services, of Berkeley Heights, New Jersey, for approximately 575 desktop computers for a lease-purchase term of 48-months, 420 laptop computers for a lease-purchase term of 36-months and peripherals, respectively, in accordance with the State of Texas cooperative purchasing program DIR-TSO-2538 for a total expenditure not to exceed $1,190,712; and to purchase ten servers and 300 monitors for an amount$92,850. No funds are required for FY2016-17; however, the total expenditure not to exceed $1,283,562 City of Corpus Christi Page 28 Printed on 81412017 City Council Meeting Minutes July 25, 2017 will be requested in future budget years. This Motion was recommended to the consent agenda. R. BRIEFINGS: (ITEMS 44 -45) 44. "Public Private Partnerships" (P3s)and Wastewater Treatment Mayor McComb referred to Item 44. Director of Engineering Services Jeff Edmonds stated that this item is a follow-up presentation to the resolution approved by City Council on June 13,2017 regarding the Wastewater Management Plan.The purpose of this item is to review background on wastewater treatment; provide an overview of the Public-Private Partnerships (P3s);and gain a consensus on next steps. Mr. Edmonds presented the following information: the progress to date;the wastewater treatment plant consolidation path;the Stantec Report;the current status of the wastewater consolidation;the resolution approved by City Council on June 13, 2017;the definition of a public-private partnership; the types of public-private partnerships; the potential benefits of a P3; potential risks of P3s; P3 characteristics; process description;the P3 procurement steps and timeframe; key points and next steps. Council members and staff discussed the following topics: the conclusion that a single-plant scenario was not economically feasible;the City Council's decision on the wastewater treatment plants was determined by what was most cost effective to the ratepayers;focus on improvements to the collection system;the public misperception that the Greenwood Wastewater Treatment Plant was the reason for the sewage in the Las Colonias subdivision in 2010; capital improvement projects related to the Greenwood Wastewater Treatment Plant;whether the City Council would like to pursue the P3 alternative and the need to obtain a program manager to help guide staff and City Council regarding the P3 process; the cost to move forward on the Request for Information (RFI); the contract scope and variations to consider as part of the P3;the RFI process will trigger the provisions of the anti-lobbying clause;odor control improvements at the Greenwood Wastewater Treatment Plant;flow from the ditch at the airport into La Voila Creek; potential risks of a P3; use of engineering students to evaluate or review what other cities are doing regarding P3s;and development of an RFI that is open to all options. MOTION OF DIRECTION Council Member Rubio made a motion directing the City Manager to move forward with the RFI,seconded by Council Member Vaughn and passed unanimously(Council Member Hunter-absent). 45. Homelessness and Litter in Our Community Mayor McComb referred to Item 45, a briefing on homelessness and litter in our community. Police Chief Mike Markle provided an overview of how the Police Department interacts with the homeless including:the type of homeless individuals; police initiatives;the Crime Reduction Unit which addresses criminal issues surrounding the homeless in the uptown/downtown areas; enforcement of the panhandling ordinance;enforcement by patrol units and the Narcotics/Vice Investigations Division;community collaboration; education;the challenges for police;and steps moving forward. City of Corpus Christi Page 29 Printed on 81412017 City Council Meeting Minutes July 25, 2017 Council members asked questions regarding the following topics:the homeless meter donation program; the panhandling ordinance;whether frontage roads can be added to the panhandling ordinance;the distinction between homelessness and panhandling;what the City Council can do as community leaders;the increase in the homeless population;communications with the District Attorney's Office regarding the use of marijuana; the use of synthetic cannabinoid by the homeless and the Police Department's related efforts; increased enforcement efforts in City parks and community areas; concern with the homeless population around City Hall;and concern from a citizen regarding a program that is feeding the homeless and cutting hair on Leopard Street near the Expressway. Director of Solid Waste Operations Lawrence Mikolajczyk provided an update on Litter Clean-Up efforts including: Solid Waste Operations; brush and bulky services; litter critter services; event services;street sweeping; resident education;school education efforts; code compliance;additional efforts;and future projects. Director of Parks and Recreation Jay Ellington provided an update on the work release/community service pilot program and the proposed future program for homeless/indigent labor. Council members and staff discussed the following topics: the Albuquerque, New Mexico model related to homeless/indigent labor program;the work release/community service pilot program;enforcement of trash receptacles that are overflowing;what happens when garbage is placed in recycle containers;consideration of additional bulky services dates;what other cities are doing regarding bulky trash collection;compliance regarding illegal dumping;and an ordinance regarding failure to secure a load. S. LEGISLATIVE UPDATE: T. EXECUTIVE SESSION: (ITEMS 46 -47) Mayor McComb referred to the day's executive sessions.The Council went into executive session at 9:35 p.m. The Council returned from executive session at 10:45 p.m. 46. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues (including TCEQ and EPA regulations) related to the provision of utility services in industrial districts, desalination, reuse, utility rate design, and water and wastewater treatment and distribution and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential extension to agreement for exclusive reservation of recycled City of Corpus Christi Page 30 Printed on 81412017 City Council Meeting Minutes July 25, 2017 water. Mayor McComb referred to Item 46 and the following motion was considered: Motion to authorize the City Manager to execute a six-month extension to the Agreement for Exclusive Reservation of Recycled Water with Valero Refining - Texas L.P.for 4 million gallons per day. Council Member Guajardo made a motion to approve the motion,seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-110 47. 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 water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, potential agreements for the economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, potential creation of entities that could provide or assist in the provision of the aforementioned services, including, but not limited to local government corporation(s), 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), including, but not limited to, the provision of water to said business prospect(s). This E-Session Item was discussed in executive session. U. IDENTIFY COUNCIL FUTURE AGENDA ITEMS V. ADJOURNMENT The meeting was adjourned at 10:48 p.m. City of Corpus Christi Page 31 Printed on 81412017 Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 O forward.cctexas.com Meeting Minutes City Council Workshop Session Wednesday,July 19, 2017 2:00 PM Basement Training Room 1201 Leopard Street THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor Pro Tem Hunter called the meeting to order at 2:09 p.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles Risley,and City Secretary Rebecca L. Huerta. Present 8- Mayor Joe McComb, Council Member Rudy Garza, Council Member Paulette Guajardo, Council Member Michael Hunter, Council Member Debbie Lindsey-Opel, Council Member Ben Molina, Council Member Lucy Rubio, and Council Member Greg Smith Absent 1 - Council Member Carolyn Vaughn Council Member Guajardo arrived at 2:11 p.m. Mayor McComb arrived at 3:04 p.M. C. BRIEFINGS TO CITY COUNCIL: 1. Corpus Christi Convention &Visitors Bureau (CCCVB) - Convention and Hospitality Market Study recommendations as presented by selected Chicago-based HVS Consultants Mayor McComb referred to Item 1. City Manager Margie C. Rose provided opening remarks regarding the Corpus Christi Convention and Visitors Bureau (CCCVB)and the Convention and Hospitality Market Study recommendations as presented by selected Chicago-based HVS Consultants. Chief Executive Officer of the CCCVB Paulette Kluge presented infomation on the following topics:the American Bank Center(ABC) Feasibility Study's scope City of Corpus Christi Page 1 Printed on 712612017 City Council Workshop Session Meeting Minutes July 19, 2017 and timeline. Managing Director of HVS Convention,Sports and Entertainment Facilities Consulting of Chicago Tom Hazinsk presented information on the following topics: role of a convention center; importance of a headquarters hotel; the impact of conventions and events;2016 economic impact of the ABC;the ABC market and feasibility study's scope, background and outline;consequences of doing nothing is negative, not neutral; key findings of Phase One research; and convention event planners'need for adjacent hotel rooms. Partner at Trahan Architects'Chicago Studio Leigh Breslau presented information on the following topics: ABC expansion concept;area diagram; planning;site B hotel study; hotel/conference center connection;and stacking diagram of hotel. Council members, presenters and staff discussed the following topics: the importance of a hotel connected to the convention center; that the convention center does not, "pay for itself'; return on investment at the convention center and downtown;and that gulf beaches are a primary tourist attraction. Mr. Hazinsk presented information on the following additional topics: the impact of expanding the convention center; limited air service in Corpus Christi; limitations inherent in Corpus Christi's geographical location; that approximately 27 new events,74,000 additional attendees and 42,000 more room nights are estimated possible with the proposed expansion of the ABC and the economic impact of same;estimated project costs and source of funds;that public incentives are needed to make the approximately$69.6 million hotel viable;that the approximately$75.1 million proposed expansion of the ABC can be funded by Hotel Occupancy Taxes(HOT);that there are not sufficient monies to fund the approximately$10.8 million in proposed improvements to the Auditorium; HOT revenue capacity without a tax increase; a summary of HVS's findings and recommendations;and next steps. Council members,the presenters and staff discussed the following topics: opportunities missed with current configurations;weekday versus weekend hotel occupancy; that the meeting industry is vital to local hotels'success; cash flow analysis;the importance to convention organizers of revenue from exhibit space;that this project creates/induces new demand;the differences between limited-versus full-service hotels;that the proposed improvements will not create better/expanded air service to Corpus Christi;there are currently approximately 11,000 hotel rooms in Corpus Christi; how existing vacant rooms may be filled by implementing the proposed improvements;the size of conventions that Corpus Christi attracts; monies spent per person during regional versus national conventions; hotel requirements for regional, statewide and national conventions; maintaining fiscal responsibility; Corpus Christi's position relative to other Texas cities regarding its convention center operations;further evaluating the viability of the proposed improvements to the convention center; ownership of property around the convention center; leisure versus business travel versus conventions; uses for sales taxes versus HOT funds;sources of available funds;that ad valorem taxes are not used to support the City's convention center;and that all convention centers are subsidized by the city in which they are located. City of Corpus Christi Page 2 Printed on 712612017 City Council Workshop Session Meeting Minutes July 19, 2017 MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing the City Manager to provide the City Council with more information, including funding sources,for the convention center improvements,as proposed, including the proposed headquarters hotel,seconded by Council Member Rubio and passed unanimously(Council Member Vaughn absent). 2. Water Utility Rate Update Mayor McComb referred to Item 2. Assistant Director of Support Services for Utilities Treatment Reba George presented information on the following topics: rate review schedule; assumptions from June 21,2017 city council workshop;treated water usage; percentage of water usage and revenue by types of users; and Water Fund expenditures. In response to a question from a council member, Ms. George stated that increased personnel costs were, in large part,due to increased health care costs and an increase in the number of full-time equivalent(FTE) positions that have been filled. Ms. George presented information on the following additional topics: Wastewater Fund expenditures; assumptions for flat water rates;effects of keeping water rates level;Water and Stormwater Capital Improvement Projects (CIP); inside-city-limits residential water rate options;water rates for all rate classes; and sample bills for inside-city-limits residential water rate options. Council members and staff discussed the following topics: increasing water rates 4%across-the-board over the next two years(2% per year)and rounding up; reasons raw water is listed separately on bills; rolling the cost of raw water into the water line-item on customers' bills;and covering system costs. MOTION OF DIRECTION Council Member Smith made a motion directing the City Manager to raise rates,to create zero operating deficit,with the percentage increase consistent with all rate classes,with the exception of the raw water rate,seconded by Council Member Lindsey-Opel. Council members and staff discussed the following topics: costs to be covered in the City's water system; incentivizing water use; large-volume water users paying more for water;that under the current rate model, large-volume water users subsidize low-volume water users, many of whom are low4fixed-income customers;that large-volume users tend to be more socio-economically affluent;and that the percentage by which water rates are increased will result in large-volume customers paying a larger dollar amount than low-volume customers. The Motion of Direction passed with the following vote: Mayor McComb and Council Members Guajardo, Hunter, Lindsey-Opel, Molina and Smith voting Aye; Council Member Rubio voting No;and Council Members Garza and Vaughn absent. Ms. George presented information on the following additional topics: City of Corpus Christi Page 3 Printed on 712612017 City Council Workshop Session Meeting Minutes July 19, 2017 assumptions for and effects of tiered wastewater rates; inside-city-limits residential wastewater rate options;wastewater rates for all rate classes; inside-city-limits residential wastewater rate options; treated water volume by water rate class billed;and projected Water Fund revenue, budgeted versus estimated actual. Council members and staff discussed the following topics: monies estimated to be realized from rounding-up water and wastewater rates;current financial policy requirements regarding revenues over expenditures;and that the wastewater component of customers' bills is based on the volume of water used. D. ADJOURNMENT The meeting was adjourned at 5:23 p.m. City of Corpus Christi Page 4 Printed on 712612017 City Of Corpus Christi COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE BOARD DETAILS SIZE 9 Seats The Community Youth Development (78415) Program Steering Committee 107 TERM LENGTH 2 Years advises the City Council on a periodic OVERVIEW TERM LIMIT 6 Yearsbasis, as requested by the City Council, L Mmilllli regarding the progress of the Community Youth Development Program and makes recommendations to the City Council on items pertaining to the Community Youth Development Program. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Nine(9)voting members with two-year,staggered terms.The officers of the ■ committee shall be residents of the 78415 zip code area.City guidelines require '� that at least 51%of the collaborative steering committee members must be ■ community residents or people closely connected to the community who are not social service providers.City guidelines also require that no members of the DETAILS committee may be related to each other. ............................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Resolution No.022938,5/27/97; Res.023058,9/16/97; Res. No.023763, 9/14/99; Res. No.025049, 10/22/02; Res.029774, 03/26/13. ............................................................................................................................................................................................................................................................................................................................... MEETS 3rd Thursday of every other month,5:30 p.m.,at the Juvenile Assessment Center, 615 Leopard St.,Suite 105. ............................................................................................................................................................................................................................................................................................................................... TERM DETAILS Two-year staggered terms. ............................................................................................................................................................................................................................................ DEPARTMENT Parks and Recreation Department .............................................................................................................................................................................. .._. COMMITTEE/SUBCOMMITEE N/A AGENDAS OTHER INFORMATION COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE Page 1 of 1 Community Youth Development(78415)Program Steering Committee Members August 8,2017 Four(4)vacancies with terms to 8-31-19. (Note:The officers of the committee shall be residents of the 78415 zip code area.City guidelines require that at least 51%of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers.City guidelines also require that no members of the committee maybe related to each other.) COMMUNITY YOUTH DEVELOPMENT (78415)PROGRAM STEERING Carlos A.Barrera COMMITTEE Seeking reappointment District 2 Partial 08/31/17 Member 78415 Resident 67% 2/3 meetings COMMUNITY YOUTH DEVELOPMENT (78415)PROGRAM STEERING Rick Barrera COMMITTEE Seeking reappointment District 5 Partial 08/31/17 Member 100% 3/3 meetings COMMUNITY YOUTH DEVELOPMENT (78415)PROGRAM STEERING Sandra Rivera COMMITTEE Has met the six-yearterm limitation District 2 3 08/31/17 Chair 78415 Resident COMMUNITY YOUTH DEVELOPMENT (78415)PROGRAM STEERING Lisa Torres COMMITTEE Seeking reappointment District 2 Partial 08/31/17 Member 78415 Resident 67% 2/3 meetings COMMUNITY YOUTH DEVELOPMENT (78415)PROGRAM STEERING Janelle Mata COMMITTEE Active District 2 1 08/31/18 Member 78415 Resident COMMUNITY YOUTH DEVELOPMENT (78415)PROGRAM STEERING Ricardo Pimentel,Sr. COMMITTEE Active District 2 1 08/31/18 Member 78415 Resident COMMUNITY YOUTH DEVELOPMENT (78415)PROGRAM STEERING Gracie Solano COMMITTEE Active District 3 1 08/31/18 Member 78415 Resident COMMUNITY YOUTH DEVELOPMENT (78415)PROGRAM STEERING Simone Sanders COMMITTEE Active District 3 1 08/31/18 Member 78415 Resident COMMUNITY YOUTH DEVELOPMENT (78415)PROGRAM STEERING Velma Lozano COMMITTEE Active District 4 1 08/31/18 Member 78415 Resident Community Youth Development(78415) Program Steering Committee Applicants August 8,2017 MB—d.AppIVim;F- MW AN..,1,Add.... A '401M EIMarti.L.Evens COMMUNITY YOUTH DEVELOPMENT(78415)PROGRAM STEERING COMMITTEE Di-i.t5 F—doml...stm..t C.....I LLC 101 North Sh oreline Blvd.,Ste.560 Corpus Christi TX No A....Kim COMMUNITY YOUTH DEVELOPMENT(78415)PROGRAM STEERING COMMITTEE Di-i.t5 Texas A&M University-Corpos Christi 63000....Drive Corpos Christi TX No Christi Ortiz COMMUNITY YOUTH DEVELOPMENT(78415)PROGRAM STEERING COMMITTEE Di.,i.t5 Taxes A&M University-Corpus Christi 63000....Dr.,U.it 5715 Corpus Christi TX 361-825-3701 No DeborahSh.mill COMMUNITY YOUTH DEVELOPMENT(78415)PROGRAM STEERING COMMITTEE Di.,i.t2 Corpus Christi Hosing Authority 3701 Ayers Corpus Christi TX 361-889-3393 Yes Oddi.Soto COMMUNITY YOUTH DEVELOPMENT(78415)PROGRAM STEERING COMMITTEE Di-ktl Corpus Ch,istil.d.p..d..t S.hool Di,via 301 Leopard Corpus Christi TX 361-510-3114 No CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2017 Application for a City Board, Committee, or Commission Profile Martin L. Evans Prefix First Name Middle Initial Last Name Suffix Email Address Which Boards would you like to apply for? CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE: Submitted PLANNING COMMISSION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted AIRPORT BOARD: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? V District 5 q00NWAMWM OWN00 Primary Phone Alternate Phone Freedom Investment Counsel LLC Owner .Fri Job Title 101 North Shoreline Blvd, STE 560 Work Address-Street Address and Suite Number Martin L. Evans Corpus Christi Work Address-City TX Work Address-State 78401 Work Address-Zip Code Work Phone Marty@Freedom-ic.com Work E-mail address Preferred Mailing Address W Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) BS Political Science & History Ed, Texas A&I University Why are you interested in serving on a City board, commission or committee? Registered Voter? r. Yes r No Current resident of the city? Yes No Martin L. Evans 50 If yes,how many years? City Board_Resume.doc Upload a Resume Please upload any additional supporting documents Demographics Ethnicity W Unknown Gender W Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Martin L. Evans Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Board-specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Financial Institutions Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r• Yes (- No Martin L. Evans Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? r-- Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and qualified elector* of the District (Nueces County)? Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you resided in the District for at least 2 years? Yes r No Question applies to PLANNING COMMISSION Are you a registered voter of the City of Corpus Christi? r• Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? t-- YesNo Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Have you been a resident of Nueces County for at least 6 months? (.- YesNo Martin L. Evans MARTIN L. EVANS BACKGROUND: Following college graduation served as a career commissioned officer in the U. S. Army with leadership and management positions in a wide variety of demanding jobs throughout the United States, Europe, the Caribbean, and Central America. Following that, served as Pilot with a regional Part 135 air freight carrier in South Texas. Following that, served as a Financial Advisor and Investment Management Consultant with a major Wall Street Investment Firm. Small business owner in Corpus Christi for past 6 years. PAST POSITIONS &ACTIVITIES RELEVANT TO POSITION BEING SOUGHT: Service Platoon Leader U.S. Army Tank Battalion, Germany Leadership and supervision of 30+ soldiers; Responsible for a fleet of 30 medium trucks, fuel tankers & all terrain ammunition haulers; Logistical support of rations, fuel, supplies and ammunition to an armored tank battalion with 50 heavy tanks and 500+personnel. Tank Battalion Inteligence Officer, US Army Germany Senior Staff Officer; Information gathering and analysis; Operational planing; Threat analysis; Force protection and operational security; combat readiness training Operations Officer, US Army Garrison, San Juan, Puerto Rico Command VIP breifing officer; Operational plans and training; Helicopter support to multiple military commands and government agencies in Puerto Rico and the US Virgin Islands; Disastor relief and humanitarian assistance operational support Installation Inspector General, US Army Ft. Sam Houston, Texas Personal advisor to the chief executive officer of a major military installation; Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual operating budget in excess of $20 million. Investigated and reported to the commander on non-criminal complaints and allegations; Provided counseling and assistance on complex personal problems reported by employees and clients; budgeting oversight and internal controls Aviation Operations Staff Officer, US Army South, Panama(Operation Just Cause) Aviation issues briefing officer for Commander US Army South; Aviation operations planning and coordination at senior Army command; planned and participated in nation building operations to remote regions of Panama; Protocol escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate Command visits Aviation Batalion Executive Officer, US Army Honduras &El Salvador Coordinated downed aircraft and casualty recovery in a combat environment; Provided aviation support for International Election Monitors, El Salvador Nationl Reconciliation Elections 1991; Set up and maintained a remote communications relay network supporting aviation operations in a tropical mountainous region of Central America; Provided helicopter transport for medical teams on medical assistance missions to remote indigenous tribes of Honduras; Provided aviation support to US Embasys El Salvador and Honduras Financial advisor with a global investment firm. SKILLS SUMMARY: Excellent communications, written&verbal Financial planning and analysis Multi level employee supervision experince Strategic planning and policy formulation Preparation and presentation of formal briefings Training and Teaching Information analysis and reporting Computer and Internet savvy Project development and oversight Marketing and sales Budgeting P &L analysis EXPERINCE: May 2009—Present Registered Principle/Owner—Freedom Investment Counsel LLC Established my own independent financial advisory practice to continue performing duties and responsibilities similar to those performed while employed in the financial services industry described below. Apr 1997- May 2009 Financial Advisor&Investment Management Consultant UBS PaineWebber, Corpus Christi, TX Developed new client relationships. Serviced clients in the areas of personal financial plans, employer sponsored retirement plans, securities and insurance sales. Supervised customer service and support staff. Achieved advanced professional designation as an Investment Management Consultant. Developed and maintained a personal business plan. Managed investment strategies in over 200 client relationships working to educate and assist clients in the investment decision making process. Daily activities include financial planning,investment performance analysis, marketing plan implementation, substantial client contact and frequent coordination with outside vendors or product managers. Assisted with new employee selection and training. Grew capital responsibility and personal production for six consecutive years. Current capital responsibility$30,000,000+. Trailing 12 month production$215,000. Awarded special corporate recognition in 1998 for qualifying in the top 10% of peer group for new accounts and new assets under management. Nov 1995-Apr 1997 Account Executive,Dean Witter, Corpus Christi, TX New client development, securities sales and marketing. (See above) Jul 1994-Jan 1997 Air Carrier Pilot, Part 135 Operations, Aero Pak, San Antonio,TX Pilot for an overnight air freight operator. Aug 1991-Jul 1994 Aviation Division Chief, Fifth U.S. Army, Ft. Sam Houston, TX Supervised a 5-person management evaluation team validating aviation organization's training, safety, standardization and maintenance programs in an eight-state area. Inspected compliance with established regulations and policies. Insured internal controls and budget expenditure reporting procedures. Participated in formulation of policy and operational plans. Provided oversight and inspection Jan 1991-Aug 1991 Executive Officer, 4th BN 228th Aviation Regt., Soto Cano AB, Honduras Supervised a management team responsible for aviation operations in 5 Central American countries with 30 helicopters and 300 employees. Developed a goal oriented aviation maintenance management program, improving aircraft availability rates by over 10% allowing increased operating tempo. Developed and implemented organizational structure changes to enhance aviation support in Central America. Jan 1990-Jan 1991 Aviation Operations Officer, U.S. Army South, Ft. Clayton, Panama Provided staff oversight and support of aviation operations for a major military headquarters during and after Operation Just Cause. Organized and conducted frequent formal decision briefings and informative presentations for senior executive leadership and high level political and government leaders. Selected principal escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate command visits. Utilized persuasive skills in the corporate decision process. Feb 1986-Jan 1990 Inspector General, Headquarters USAG, Ft. Sam Houston, TX Personal advisor to the chief executive officer of a major military installation. Responsible for formulation and interpretation of policies and regulations. Established a systematic inspection program to insure compliance with prescribed operating procedures. Received, evaluated and recommended action on special issues raised by employees and customers. Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual budget in excess of $20 million. Supervised 5 staff specialists. Computer skills and other Qualifications: Microsoft Office Suite NASD Series 7 Series 65 Windows NT Series 63 Series 31 MS Word ACT Contact Management data Investment Management base Consultant MS Excel MS PowerPoint Internet savvy Group one life & annuity insurance license Education: Graduated Calallen Highschool 1969, BS in Political Science &History ED, Texas A& I University, Distinguished Military Graduate; Army Command and General Staff College (graduate level). Investment Management Consultant program UBS PaineWebber. CITY OF CORPUS CHRISTI Submit Date: Sep 27, 2016 Application for a City Board, Committee, or Commission Profile Jinsun Kim Prefix First Name Middle Initial Last Name Suffix Email Address Which Boards would you like to apply for? COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted Street Address Suite or Apt State oft City Postal Code What district do you live in? I` District 1 I` District 2 I` District 3 I` District 4 District 5 Other/ Non-Resident IMMONNOW " Primary Phone Alternate Phone Texas A &M in corpus christi Associate researcher Employer Job Titlr;; 6300 Ocean drive Work Address-Street Address and Suite Number Corpus christi Work Address-City Jinsun Kim Texas Work Address-State Work Address-Zip Code Work Phone Work E-mail address Preferred Mailing Address V Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Ph.D. : Tourism Master : Landscape Architect(Encironmental Planning) Bachelor : landscape Architecture Why are you interested in serving on a City board, commission or committee? Registered Voter? r~ Yes r. No Current resident of the city? r. Yes ( No 10years If yes,how many years? Jinsun Kim Upload a Resume Please upload any additional supporting documents Demographics fJ Asian or Pacific Islander Gender W Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Jinsun Kim Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Board-specific questions (if applicable) Jinsun Kim CITY OF CORPUS CHRISTI Submit Date: Jul 19, 2017 Application for a City Board, Committee, or Commission Profile Christi Ortiz Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? W District 5 Primary Phone Alternate Phone Texas A&M University Corpus Christi Registered Nurse Job Title 6300 Ocean Unit 5715 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Christi Ortiz 78412 Work Address-Zip Code 361-825-3701 Work Phone christi.ortiz@tamucc.edu Work E-mail address Preferred Mailing Address V Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other City board. Education, Professional and/or Community Activity (Present) Currently pursuing Master's of Nursing Science Degree- Family Nurse Practitioner. Have obtained Associate's degree in Nursing from Del Mar College 2006, Bachelor's degree in Psychology from Texas A&M Corpus Christi 2003, and Associate's degree in Biology from Cisco college 2001. Currently a parent volunteer for Girl Scouts of Greater South Texas Troop 96037. Why are you interested in serving on a City board, commission or committee? Corpus Christi is a wonderful place to live. As a mother of two young children, I would be honored to act as a source of information and referrals concerning the children and youth of our community. The City of Corpus Christi has many good programs for children. I would like to the opportunity to help support and shape those programs, as well as assisting to pioneer new programs in the future. I believe that the children are our future, and that our community as a whole has a responsibility to help guide them in the right direction. Registered Voter? r Yes r No Current resident of the city? r. Yes t- No Christi Ortiz 16 If yes,how many years? Christi resume.docx Upload a Resume Please upload any additional supporting documents Demographics Ethnicity 9 Caucasian/Non-Hispanic Gender W Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Christi Ortiz Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. r! I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 17 Health and Human Services w Youth and Family Services Christi Ortiz Christi Ortiz Education Texas A&M University -Corpus Christi Currently pursuing MSN degree Fall of 2016 to present Del Mar College Associate Degree Nursing Graduated December 2006 Texas A&M University -Corpus Christi Bachelor of Arts Degree -Psychology Graduated August 2003 Cisco Junior College Associate Degree -Biology Graduated May 2001 Also attended Angelo State University Fall 2000 to Summer 2001 Professional Licensures and Certifications Registered Nurse, licensed through Texas Board of Nursing License valid through March 2019 Basic Life Support Certification valid through March 2019 Vision screener in the State of Texas Certification valid through December 2020 Registered to use audiometric equipment in the State of Texas Certification valid through December 2020 Experience August 2014 to Present Staff RN 1 Texas A&M University -Corpus Christi 1 University Health Center Registered nurse serving a diverse student population of over 11,000 students with the goal of keeping them well so they may attend classes and complete their education. Responsible for assessment, triage, treatment by protocol, venipuncture, and immunizations. Provide health education through outreach events on the University campus. Responsible for promotion and distribution for online college health magazine Student Health 101. October 2007 to August 2014 Registered Nurse 1 Christus Spohn Shoreline 1 Endoscopy Unit Administered moderate sedation and monitored patients during endoscopic procedures. Assisted physicians with biopsies, polypectomies, and hemostasis. Chairperson for the Unit Based Council. December 2006 to October 2007 Registered Nurse Christus Spohn South Surgical Telemetry Unit Utilized strong assessment skills to determine necessary patient care. Actively involved in Unit Based Council. Utilized the nursing process to care for post-surgical patients. Awards &Acknowledgements Awarded Dorothy Yeater Scholarship from TAM UCC Professional membership Member of American College Health Association CITY OF CORPUS CHRISTI Submit Date: Aug 01, 2017 Application for a City Board, Committee, or Commission Profile Deborah Sherrill Prefix First Name Middle Initial Last Name Suffix Email Address Which Boards would you like to apply for? COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted Street Address City What district do you live in? * IW District 2 111.11.111011.0 Primary Phone Alternate Phone CC Housing Authority Employer 3701 Ayers Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78415 Work Address - Zip Code Sr. V.P. Housing/Community Dev. Suite or Apt State Postal Code Deborah Sherrill Page 1 of 4 361-889-3393 Work Phone deborah.sherrill@hacc.org Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Please see resume. Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes No Current resident of the city? c Yes r No 46 If yes, how many years? Resume-ds-9-16-14.doc Upload a Resume Please upload any additional supporting documents Deborah Sherrill Page 2 of 4 Demographics Ethnicity 17 Hispanic Gender IW Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Deborah Sherrill Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. iw I Agree Board -specific questions (if applicable) Deborah Sherrill Page 4 of 4 Deborah Sherrill OBJECTIVE To join a professional team that can utilize the acquired skills and experience that I have obtained through the years and provide an opportunity for personal growth. EDUCATION High school Diploma -1986 Texas A&M Corpus Christi, Bachelor of Science -2003 ACCOMPLISHMENTS 2007-2009 Served as Vice President of Community Revitalization and Development for the Texas Chapter of the National Association of Housing and Redevelopment Officials (TX NAHRO) 2009-2011 Served as a Board of Director for the Texas Chapter of the National Association of Housing and Redevelopment Officials (TX NAHRO) 2011-2013 Served as a Board of Director for the Texas Chapter of the National Association of Housing and Redevelopment Officials (TX NAHRO) 2013-2015 Served as Vice President of Community Revitalization and Development for the Texas Chapter of the National Association of Housing and Redevelopment Officials (TX NAHRO) December 2008 Rehabilitation of a Tax Credit development completed, Hampton Port Apartments, 110 units May 2008 New Construction Tax Credit development completed, Sea Breeze Senior Apartments, 200 units November 2011 New Construction Tax Credit development completed, Corban Townhomes, 128 units August 2014 Community Development Block Grant -New Construction of a Playground at La Armada II October 2014 Community Development Block Grant -Construction of concrete drive at Navarro Place WORK EXPERIENCE 06/25/05 to Present Corpus Christi Housing Authority, Texas Sr. Vice President Housing/Community Development • Prepare inter departmental correspondence and regulatory reports and letters. • Prepare Procurement Items as needed i.e. Request for Qualifications, Request for Quotes, and Invitation for Bids. • Process purchase orders, travel requests, payroll, membership dues, invoices, and electronic filing for interdepartmental correspondence. • Analyze the financial and feasibility of complex housing development proposals to develop affordable and mixed income housing. • Prepare and analyze financial proformas, including tax credits, tax-exempt bonds, and public and private funds. • Negotiate development transactions with developers that involve Agency agreements including land acquisition, loan grant agreements and other legal documents. • Interact with legal staff and outside legal counsel to generate development agreements, ground lease, loan agreements, regulator agreements and other legal related documents. • Work in partnership with the Construction Department/Team to determine project budgets, construction schedule/timeline, and schedule monthly payment draws. Procure and select architect, and general contractor. Execute and reviews contracts, construction draws, inspection reports, and monitor construction activities. • Process general contractor/subcontractors payment applications. Keep files up to date with performance and payment bonds, insurance requirements, and weekly payrolls. • Engage third party reports for each project as needed. Provide customer service to internal and external customers. • Engage Bahia Properties Inc. to develop management plans and agreements, occupancy standards, and asset management activities. • Prepares, compiles reports and technical correspondence or support data which frequently requires information from more than one source and is responsible for systematically obtaining, compiling, analyzing, and interpreting acquired information. • Respond to financial, operational, and technical questions on an ongoing basis throughout the application cycle as well as the compliance period. • Establishes and supervises the maintenance of a variety of standard and computer files, and files for each project. Maintains confidential data and information. • Ensure compliance with Federal, State, and Local regulations. WORK EXPERIENCE (CONTINUED) 01/10/04 to 06/24/05 Corpus Christi Housing Authority, Texas Capital Fund and Creative Finance Coordinator • All job duties of the Capital Fund Coordinator. • Project financing, project leveraging, acquisition of real properties and the development process of single and multi -family housing. • Project Coordinator for Tax Credit Elderly development. • Project Coordinator for Federal Home Loan Bank Grant Application and City of Corpus Christi "HOME" Grant. • Analyze the financial and feasibility of complex housing development proposals to develop affordable and mixed income housing. • Prepare and analyze financial proformas, including tax credits, tax-exempt bonds, and public and private funds. • Negotiate development transactions with developers that involve Agency agreements including land acquisition, loan grant agreements and other legal documents. 09/01 to 01/04 Corpus Christi Housing Authority, Texas Capital Fund Coordinator ❖ Made arrangements for regular and specials meeting for the Construction Department, Capital Fund Division. ❖ Receives correspondence and reports submitted to the Director of Construction. ❖ Establish and maintain a variety of standard and computer files for letter, memorandums, reports, and other documentation. ❖ Review progress payment request for Section 3 Compliance, Davis -Bacon Prevailing Wage Determination, and evaluates over all project contract compliance. ❖ Prepares advertisements for invitations for bid, assists in bid opening, prepares contracts to complete required documentation with successful low bidder. ❖ Update Performance and Evaluation Report monthly. Provide month end grant totals to accounting, total expenditures and total obligations. ❖ Maintain a continuous voucher register of total expenditures for each capital fund grant. ❖ Prepare all HUD and PHAS required reports. WORK EXPERIENCE (CONTINUED) 09/00 to 09/01 The Housing Authority of the City of Corpus Christi, TX Accounting Technician ❖ Prepare bi-weekly payroll for 95 employees. ❖ Prepare quarterly payroll taxes, W -2's and 941's. ❖ Maintain vacation and sick leave records. ❖ Reconcile various accounts; i.e. retirement, child support, and health and life insurance. ❖ Management of salary allocations for fiscal year budget. ❖ Maintain strong communications with all managers, directors, and executive office. 10/99 to 09/00 C.C.I.S.D., Mary Carroll High School, TX Media Specialist ❖ Assist students with research; check in/out library books, TV's, VCR's, and tape recorders. ❖ Collect late fees, shelve books, and provide assistance as needed. 09/98 to 07/99 Association of Texas Professional Educators (ATPE), TX Accounting Assistant ❖ Process batch shortages and overages. Prepare invoices for general purposes. ❖ Prepare and process ISD, local, member, membership application batch and GL payments for deposit. ❖ Maintain manual posting ledger, control reports, and advertising accounts. ❖ Maintain return checks, write journal entries, and reply to all correspondence. ❖ Maintain ledger of deposit accounts with the post office. ❖ Maintain files, file indexes, and filing systems. ❖ Reconcile local and member accounts at month end. ❖ Prepare monthly Texas Sales & Use & MTA Tax Report. Back up personnel and payroll. References available upon request. CITY OF CORPUS CHRISTI Submit Date: Feb 19, 2017 Application for a City Board, Committee, or Commission Profile Odelia Soto Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted Street Address City What district do you live in? * iw District 1 woman. Primary Phone Alternate Phone Corpus Christi Independent School District 301 Leopard Work Address - Street Address and Suite Number Irons Christi Work Address - City Texas Work Address - State Odelia Soto Teachers Assistant Job Title Suite or Apt State Postal Code 78405 Work Address - Zip Code 3615103114 Work Phone Odelia.Soto@ccisd.us Work E-mail address Preferred Mailing Address w Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Yes Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes r No Current resident of the city? Yes No 20 years If yes, how many years? Upload a Resume Odelia Soto Please upload any additional supporting documents Demographics I Hispanic Gender IW Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I; I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1J I Agree Odelia Soto Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * IW Education Odelia Soto City Of Corpus Christi CRIME CONTROL & PREVENTION DISTRICT BOARD DETAILS OVERVIEW SIZE 9 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years The Corpus Christi Crime Control and Prevention District is dedicated to crime reduction programs and the adoption of a proposed sales and use tax at a rate of one-eighth of one percent. DETAILS COMPOSITION The District will consist of the same number of members as the City Council. A member of the Board of Directors shall be appointed by each member of the City Council to serve at the pleasure of that member of the City Council for a term that is concurrent with the term of the member of the City Council that appointed the Director. Six-year term limitation. Confirmation of appointments by City Council as per Texas Local Government Code 363.1015. CREATION / AUTHORITY Texas Crime Control and Prevention District Act, Article 2370c-4, Vernons Texas Civil Statutes; Ord. 023124, 11/11/97. MEETS 3rd Wednesday of every month at 2:30 p.m., City Hall, 6th Floor Conference Room. TERM DETAILS Concurrent with Council terms. DEPARTMENT Police Department COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION CRIME CONTROL & PREVENTION DISTRICT Page 1 of 1 Wendi Pollock R. Scott Leeton Joan Veith Susie Saldana CRIME CONTROL & PREVENTION DISTRICT CRIME CONTROL & PREVENTION DISTRICT CRIME CONTROL & PREVENTION DISTRICT CRIME CONTROL & PREVENTION DISTRICT Status Pending Confirmation Active Active Active District Term End Date ir District 4 Partial 11/01/18 Council Member Debbie Lindsey-Opel's Representative District 5 3 11/01/18 Council Member Paulette M. Guajardo's Representative District 3 2 11/01/18 Council Member Michael T. Hunter's Representative District 1 2 11/01/18 Mayor Joe McComb's Representative Member Member Member Chair Crime Control and Prevention District Members August 8, 2017 Confirmation of appointment by City Council as per Texas Local Government Code §363.1015. Randall Hicks CRIME CONTROL & PREVENTION DISTRICT Active District 5 3 11/01/18 Council Member Lucy Rubio's Representative Member Christopher Cruz Cissy L. Garcia Brandey A. Batey Brian Rosas CRIME CONTROL & PREVENTION DISTRICT CRIME CONTROL & PREVENTION DISTRICT CRIME CONTROL & PREVENTION DISTRICT CRIME CONTROL & PREVENTION DISTRICT Active Active Active Active District 5 1 District 5 1 District 4 1 District 2 1 11/01/18 Council Member Rudy Garza's Representative 11/01/18 Council Member Ben Molina's Representative 11/01/18 Council Member Greg Smith's Representative 11/01/18 Council Member Carolyn Vaughn's Representative Member Member Member Member CITY OF CORPUS CHRISTI Submit Date: Jul 25, 2017 Application for a City Board, Committee, or Commission Profile Dr. Wendi Pollock Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CRIME CONTROL & PREVENTION DISTRICT: Submitted Street Address City What district do you live in? * iw District 4 Primary Phone Alternate Phone Texas A&M University - Corpus Christi Assistant Professor Job Title 6300 Ocean Drive, Bay Hall 347 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78412 Work Address - Zip Code Dr. Wendi Pollock Suite or Apt State Postal Code 361-825-3061 Work Phone wendi.pollock@tamucc.edu Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other city boards, commissions, or committees at this time. Dr. Wendi Pollock Education, Professional and/or Community Activity (Present) I have three degrees in criminal justice, a bachelors of science degree from Sul Ross State University (2002), a masters of science degree from Sul Ross State University (2003), and a Ph.D. from Sam Houston State University (2011). In 1998 I was accepted into a federal policing program known as the Police Corp. Due to a neck injury that required metal plates in my C-spine, my policing career ended early. As a result, I completed my Ph.D. and have focused my research on problems relating to police/public interactions. I am part of a research team from the University of Colorado Boulder that has followed a national level sample of American citizens for over 40 years, and are now also following their children. Currently we are examining whether arrest (particularly for minor offending) acts as a deterrent for later offending, arrest, involvement with delinquent peers, as well as other outcomes, at any point in the life course. So, essentially, is an arrest more effective as a crime deterrent for younger people? Older? Or is it effective at all? This information is useful in decisions regarding aggressive arrest policies, especially in the Tight of current tensions between the police and the public. I am also part of a research team at TAMUCC that is working with Aransas Pass Police Department to examine officer camera footage. The goals of that project are threefold. The first is to create a fact sheet to better inform the public about what APPD is doing. The questions being analyzed for this include but are not limited to: Who actually initiates most of the police contacts (the citizen or the officer)? What are the majority of police/citizen interactions for? How are the interactions most commonly resolved? How often was force threatened or used? Who threatened or used the force (the officer or the citizen)? Do officers treat Non- White/female/gay people differently than people their counterparts? In addition to getting answers to these questions we are informing the Chief of any problems seen on film (be they legal or just an issue of an action that could cause a perceptual problem with the public), so that he can address them immediately, and finally we are creating a training video of sorts for the officers. We are taking selected film footage and allowing a group of citizens watch, and then give reactions to what they saw. This will then be shown to the officers so that they can get a better sense of how the public sees their actions. Some of the issues of perception will need to be addressed through teaching the public about police procedure, which we have agreed to help do, and some will come from merely helping the officers understand that even legal actions can be problematic. Those actions that are problematic and easily avoidable should be. I am also a full time college professor at TAMUCC. Why are you interested in serving on a City board, commission or committee? I am not serving for serving's sake. I wish to serve specifically on this board because I have education, background, and current research interests that pertains to crime control, with an eye towards both police and public perception. Quite frankly, this is an opportunity for me to learn from others, and to perhaps put my research into practice, in some small way. Registered Voter? Yes No Current resident of the city? o- YescNo Dr. Wendi Pollock 2 If yes, how many years? Wendi Pollock Vita - 2017.pdf Upload a Resume Please upload any additional supporting documents Demographics Ethnicity IP' Caucasian/Non-Hispanic Gender V Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. v I Agree Dr. Wendi Pollock Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Dr. Wendi Pollock Wendi K. Pollock Department of Social Sciences Texas A&M University Corpus Christi Corpus Christi, Texas 78412 EDUCATION Ph.D. 2011 Criminal Justice. Sam Houston State University. M.S. 2003 Criminal Justice. Sul Ross State University. B.S. 2002 Criminal Justice. Sul Ross State University. PROFESSIONAL EXPERIENCE Assistant Professor, Texas A&M University Corpus Christi, 2015 - Present. Assistant Professor, Stephen F. Austin State University, 2011-2015. Adjunct Instructor, San Angelo State University, 2013-2013. Doctoral Teaching Fellow, Sam Houston State University, 2007-2011. Graduate Research Assistant, Sam Houston State University. Responsible for the sequencing of drug initiation and delinquent behavior using all waves of the National Youth Survey Family Study (NYSFS). 2009-2010. Adjunct Faculty, University of Houston — Downtown, 2007-2008. Graduate Research Assistant, Sam Houston State University. Responsible for running statistical analyses on Department of Public Safety arrest data, speaking with police managers about the implementation of COMPSTAT in their respective departments, literature reviews, and various other writing assignments. 2006- 2007 Texas Police Corp Cadet. Participated in 13 weeks of a live-in police academy. 2004. Sergeant Security Officer. Responsible for private security in gated neighborhoods and special events in downtown San Antonio, TX. 2004. Graduate Assistant, Sul Ross State University. Responsible for assisting professors with data collection, class preparation and teaching, test making, and data formatting. 2002-2003. Student Aid., Sul Ross State University. Worked in the Library, specifically, Circulation and Interlibrary Loan. Duties included assisting students in using library services, book shelving, checking books out and in, ordering books from participating libraries, shipping books, and photocopying journal articles. 1999-2002. Hourly Worker II/III, with Texas Parks and Wildlife — Parks Division. Duties consisted of enforcing park rules and basic customer service. 1996-1998. GRANTS AND FUNDED RESEARCH 2009-2010. Research Assistant, Sam Houston State University. Responsible for analyzing and writing a portion of a grant funded by the National Institute on Drug Abuse (NIDA). Specifically, this concerns the sequencing of drug initiation and delinquent behavior using all waves of the National Youth Survey Family Study (NYSFS). This project is supervised by Dr. Scott Menard. 2006-2007. Research Assistant. Working with the Law Enforcement Management Institute of Texas (LEMIT), Sam Houston State University; evaluating COMPSTAT in the six biggest cities in Texas. Responsible for organizing and gathering data, literature review, statistical analysis, and assisting in research design. 2016-2017. Co -Principle Investigator. Texas A&M University Corpus Christi. Faculty Teaching and Scholarly/Creative Activities (FTSCA) grant. Officer camera footage from all Aransas Pass Police Department (APPD) officers are being reviewed to (1) examine officer interactions with members of the public and use the best and worst examples of those interactions to create a training video for APPD officers, and (2) to collect data on those interactions in order to determine the nature of police/citizen interactions in Aransas Pass Texas, and to examine the impact of variables such as race, sex/gender, and substance use on those interactions. ($1,434). 2016-2017. Co -Principle Investigator. Texas A&M University Corpus Christi. Funding from Aransas Pass Police Department (APPD) in order to review officer camera footage and (1) examine officer interactions with members of the public and use the best and worst examples of those interactions to create a training video for APPD officers, and (2) to collect data on those interactions in order to determine the nature of police/citizen interactions in Aransas Pass Texas, and to examine the impact of variables such as race, sex/gender, and substance use on those interactions. ($40,000). COURSES TAUGHT (UNDERGRADUATE) Administration of CJ Agencies, Stephen F. Austin State University, Nacogdoches, TX. Crime in the Media, Stephen F. Austin State University, Nacogdoches, TX. Criminal Investigation, Stephen F. Austin State University, Nacogdoches, TX. Criminal Justice Practitioners and Stress, Stephen F. Austin State University, Nacogdoches, TX. Criminology, Sam Houston State University, Huntsville, TX. Global Organized Crime, Sam Houston State University, Huntsville, TX. Introduction to Criminal Justice, Sam Houston State University, Huntsville, TX. Introduction to Criminal Justice, Stephen F. Austin State University, Nacogdoches, TX. Introduction to Criminal Justice, Texas A&M University - Corpus Christi, CC, TX. Introduction to Research Methods, Sam Houston State University, Huntsville, TX. Introduction to Research Methods, University of Houston — Downtown, Houston, TX. Law Enforcement, Stephen F. Austin State University, Nacogdoches, TX. Professionalism and Ethics in Criminal Justice, Sam Houston State University, Huntsville, TX. Research Methods in Criminal Justice, Texas A&M University - Corpus Christi, CC, TX. Substance Use and Abuse, Sam Houston State University, Huntsville, TX. Understanding Human Behavior, Sam Houston State University, Huntsville, TX. Women in Criminal Justice, Sam Houston State University, Huntsville, TX. COURSES TAUGHT (GRADUATE) Applied Statistics (Online), Angelo State University, San Angelo, TX. THESIS/DISSERTATION SUPERVISION: Dissertation committee member. (2014 - 2016). Deborah Sibila: Citizenship Status and Arrest Patterns for Violent and Narcotic -Related Offenses in Federal Judicial Districts along the U.S.-Mexico Border (2007-2010), Sam Houston State University, Huntsville, TX. PUBLICATIONS: REFEREED ARTICLES Pollock, W., Joo, H., & Lawton, B. (2010). Juvenile arrest rates for burglary: A routine activities approach. Journal of Criminal Justice, 38(4), 572-579. Pollock, W., Oliver, W. & Menard, S. (2012). Measuring the problem: A national examination of disproportionate police contact in the U.S. Criminal Justice Review, 37(2), 153-173. Mahfood, V., Pollock, W. & Longmire, D. (2013). Leave it at the gate: Job stress and satisfaction in correctional staff. Criminal Justice Studies, 26 (3), 308-325. Pollock, W. (2014). Things change: An intergenerational examination of the correlates of police contact. Crime & Delinquency, 60(8), 1183-1208. Menard, S. & Pollock, W. (2014). Self reports of being falsely accused of criminal behavior. Deviant Behavior, 35 (5), 378-393. Pollock, W. & Menard, S. (2014). "It was a bum RAP": Self -reports of being erroneously arrested in a national sample. Criminal Justice Review, 39(3), 325-338. Hill, M. & Pollock, W. (2015). Was Hirschi right?: A National -level longitudinal examination of religion as a social bond. Deviant Behavior, 36, 783-806. Pollock, W., Menard, S., Elliott, D. & Huizinga, D. (2015). It's official: Predictors of self- reported vs. officially recorded arrests. Journal of Criminal Justice, 43(1), 69-79. Pollock, W. & Menard S. (2015) Perceptions of unfairness in police questioning and arrest incidents: Race, gender, age, and actual guilt. Journal of Ethnicity in Criminal Justice, 13(3), 237-253. Pollock, W., Hill, M., Menard, S., & Eliott, D. (2016). Predicting consistency between officially recorded and self-reported records of arrest. American Journal of Criminal Justice, 41(4), 623-644. Pollock, W., Menard, S., & Hill, M. (2016). Revisiting "Measuring the Problem": A separate examination of police contact in serious and non -serious offenders. Criminal Justice Review, 41(3), 294-317. Sibila, D., Pollock, W., & Menard, S. (Accepted 2016). Citizenship status and arrest patterns for violent and narcotic -related offenses in federal judicial districts along the U.S./ Mexico border. American Journal of Criminal Justice. PUBLICATIONS: OTHER Pollock, Wendi. (2006) Book Review of "Theories of police leadership" Haberfeld, M.R. in Southwest Journal of Criminal Justice, 3(1), pp. 53-57. EVALUATION REPORTS Pollock, W. (2010). Sequencing of inhalant use and other problem behaviors. In Scott Menard with Chantal Bergeron, Lisa Bowman, Michael R. Cavanaugh, Jr., Randa Embry, Hector Esparza, Timur Guclu, Engin Gulen, Youngoh Jo, Shawn Keller, Seksan Kruakham, Joongyeup Lee, Wendi Pollock, and Pierre M. Rivolta, Inhalant Abuse and Related Problem Behaviors Across Generations in a National Sample. National Youth Survey Family Study Project Report Number 2/National Youth Survey Report Number 61, Final Report to the National Institute on Drug Abuse, pp. 110-124. PUBLICATIONS: IN PROGRESS Hill, M. & Pollock, W. Quanting Religiosity: A Test of Unidimensional vs. Multidimensional Measures. Pollock, W., Menard, S. & Huizinga, D. (Under Review). Long Term Impacts of Late Adolescent and Young Adult Arrests: Direct and Indirect Effects in the Adult Life Course. Pollock, W., Menard, S. & Huizinga, D. The Short Term Impact of Arrests that Occur From Adolescence to Late -Middle Adulthood. Pollock, W., Menard, S. & Huizinga, D. The Impact of Cumulative Arrests Through the Lifecourse. Pollock, W., Scott, S. & Moore, E. (Under Review). Do We Have a Problem?: Results from the Study of Officer Camera Footage in Aransas Pass, Texas. Pollock, W. Sequencing of inhalant initiation: An examination of inhalants, other drugs, and delinquent behavior across the life course of a national sample. Sibila, D., Weiss, A. & Pollock, W. Educating the ethical officer: Are universities doing their part? PRESENTATIONS AT PROFESSIONAL MEETINGS Warren, D., & Pollock, W. Factors affecting officer assaults: The impact of social disorganization on rates of officer assault in Texas cities, 1990-2004. Academy of Criminal Justice Sciences, Seattle, WA, March 15th, 2007. Pollock, W. Juvenile arrest rates for burglary: A routine activities approach. American Society of Criminology, St. Louis, MO, November 13th, 2008. Sibila, D. & Pollock, W. Educating the ethical officer: Are universities doing their part? American Society of Criminology, Washington D. C. November 16th, 2011. Hill, M., Pollock, W., & Antwi-Boasiako, K. Ready to protect the national security? How much do college students really know about terrorism? Southwestern Association of Criminal Justice, Houston, TX, October 5th, 2012. Pollock, W. "It was a bum rap ": Self -reports of being falsely arrested. Academy of Criminal Justice Sciences, Dallas, TX, March 22nd, 2013. Hill, M. & Pollock, W. Was Hirschi right?: A national -level longitudinal examination of religion as a social bond. Southwestern Association of Criminal Justice, San Antonio, TX, September 27, 2013. Hill, M. & Pollock, W. Quantfing religiosity: A test of unidimensional vs. multidimensional measures. Southwestern Association of Criminal Justice, South Padre Island, TX, October 2, 2014. Pollock, W. & Hill, M. Revisiting 'Measuring the Problem": A separate examination of police contact in severe and non -severe offenders. Southwestern Association of Criminal Justice, South Padre Island, TX, October 9, 2015. Pollock, W. What really matters: Police/public contacts as seen through officer body camera footage. Academy of Criminal Justice Sciences, Kansas City, MO, March 24, 2017. UNIVERSITY/COLLEGE AND PROFESSIONAL SERVICE Member, Institutional Review Board (IRB), Texas A&M University Corpus Christi, 2016 - Present Member, Service Criteria Guidelines Committee, Department of Social Sciences, Texas A&M University Corpus Christi, 2016 -Present Member, Indirect Costs Policy Workgroup (IPWG), Texas A&M University Corpus Christi, 2015 -Present Criminal Justice Administration Editor, Administrative Theory and Praxis, 2014 -Present. Reviewer, Criminal Justice Review, 2014 -Present. Member, Audit Committee, Southwest Association of Criminal Justice, 2013 -Present. Reviewer, Journal of Criminal Justice, 2011 -Present. Reviewer, Criminology, 2011 -Present. Member, Dissertation Committee for Deborah Sibila, 2013-2016. Criminal Justice Program Coordinator, Stephen F. Austin State University, 2015. Criminal Justice Assessment Coordinator, Stephen F. Austin State University, 2015. Member, College Council, 2014-2015. Member, Executive Committee, Stephen F. Austin State University. 2012-2015. Member, Scholarship Committee, Stephen F. Austin State University. 2012-2015. Faculty Sponsor, Criminal Justice Association, Stephen F. Austin State University. 2011-2015. Faculty Advisor, Department of Government, Criminal Justice. 2011-2015. Chair, Department Faculty Search Committee, Stephen F. Austin State University, 2013-2014. Member, Recruiting and Retention Committee, Stephen F. Austin State University, 2013. Member, Department Chair Search Committee, Stephen F. Austin State University. 2012-2013 Member, Liberal Arts Council, Stephen F. Austin State University. 2012-2013. Professional Search Committee Member, Stephen F. Austin State University, 2012. Member, College of Liberal & Applied Arts Fiscal Appeals Committee, Stephen F. Austin State University, 2011. Social Coordinator, Graduate Student Organization, Sam Houston State University. 2006 — 2007. Alpha Phi Sigma, Sul Ross State University branch: Alpha Epsilon Xi, President. 2002-2003. Law Enforcement Association, Sul Ross State University, President. 2002 — 2003. Student Government, Sul Ross State University, Representative. 2002 — 2003. Alpha Phi Sigma, National Criminal Justice Honor Society, Member. 2000- Present. HONORS AND AWARDS James L. Maddex, Jr. Paper of the Year Award (Criminal Justice Review/Sage), 2012. Graduate Criminal Justice Student of the Year, Sul Ross State University, 2003. Who's Who Among Graduate Students in American Universities and Colleges. 2003. Senior Criminal Justice Student of the Year, Sul Ross State University, 2002. Who's Who Among Students in American Universities and Colleges. 2001. Dean's List, Sul Ross State University, 1998-2003. Recipient of the Texas Police Corp Scholarship, Sul Ross State University, 1998-2002. Recipient of the Neville Haynes Memorial Scholarship, Sul Ross State University, 1998-2002. Recipient of a San Antonio Business and Professional Women Scholarship, Sul Ross State University, 1998. PROFESSIONAL ORGANIZATIONS Academy of Criminal Justice Sciences, Member. 2006 — Present. American Society of Criminology, Member 2010 — Present. Southwestern Association of Criminal Justice, Member. 2006 -Present. City Of Corpus Christi MARINA ADVISORY COMMITTEE BOARD DETAILS OVERVIEW SIZE 9 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years The Marina Advisory Committee advises and makes recommendations regarding development, use, or preservation of the marina, including the following: (1) assist the City Council in providing for the orderly, planned development and use of the marina; (2) review the annual and capital improvement budgets regarding the improvement and maintenance of the facilities upon the marina; and (3) review and recommend to the City Council the feasibility of development, improvements, maintenance or proposed uses for the marina. DETAILS COMPOSITION Nine (9) members appointed by the City Council for two-year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be a Representative of a Restaurant located within the boundaries of the Corpus Christi Downtown Management District, and five (5) Community At -Large members. In the initial appointment, members will serve an initial two-year term, in the succeeding term, 5 members will serve a two-year term, and 4 members will serve a one-year term, as determined by drawing. Thereafter, all terms will be two -years. CREATION / AUTHORITY Section 2-260, Code of Ordinances; Ord. No. 027408, 9/11/07; Ord. No. 030604, 9/8/15. MEETS 1st Monday of every month at 5:30 p.m., People Street T -Head, Boater's Facility. TERM DETAILS Two-year staggered terms. DEPARTMENT Municipal Marina COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION MARINAADVISORY COMMITTEE Board Name Status District Term End Date Position Cate_ or Greg Turman Ronald S. Smith MARINA ADVISORY COMMITTEE MARINA ADVISORY COMMITTEE Resigned District 5 Active District 4 1 12/18/18 Member Restaurant Representative 1 12/18/17 Member Community At -Large Marina Advisory Committee Members August 8, 2017 One (1) vacancy with term to 12/18/18 representing the following category: 1 - Representative of a Restaurant located within the boundaries of the Corpus Christi Downtown Management District. Clare Lee MARINA ADVISORY COMMITTEE Active District 4 3 12/18/18 Vice -Chair Scientist Robert "Bob" Paulison MARINA ADVISORY COMMITTEE Active District 4 3 12/18/18 Member Community At -Large Sharon Emerson MARINA ADVISORY COMMITTEE Active District 2 3 12/18/18 Member Community At -Large Mona Been MARINA ADVISORY COMMITTEE Active District 2 2 12/18/17 Member Community At -Large Curt Broomfield MARINA ADVISORY COMMITTEE Active District 4 3 12/18/17 Chair Community At -Large Hal Suter MARINA ADVISORY COMMITTEE Active District 2 2 12/18/17 Member Environmentalist William McDowell MARINA ADVISORY COMMITTEE Active District 4 2 12/18/17 Member Engineer Marina Advisory Committee Applicant August 8, 2017 District IIhi St. Work Phone Cate: o Martha A. Avery MARINA ADVISORY COMMITTEE District 4 Driscoll Children's Hospital 3533 South Alameda Street Corpus Christi TX 361-694-6405 Restaurant Representative CITY OF CORPUS CHRISTI Submit Date: Jul 13, 2017 Application for a City Board, Committee, or Commission Profile Martha A Avery Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? MARINA ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * IW District 4 Primary Phone Alternate Phone Driscoll Children's Hospital Vice President Employer Job Title 3533 South Alameda Street Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78411 Work Address - Zip Code Martha AAvery Suite or Apt State Postal Code 361-694-6405 Work Phone martha.avery@dchstx.org Work E-mail address Preferred Mailing Address F? Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) MBA from St. Edward's University CFRE certification - Certified Fundraising Executive Corpus Christi Yacht Club, former Commodore Why are you interested in serving on a City board, commission or committee? Definitely have a passion for giving back to our community. I'm also an active sailor and boat owner with a J30 on Dock A. I'm an active member of the Corpus Christi Yacht Club and former Commodore. Registered Voter? ▪ Yes No Current resident of the city? ▪ Yes c No 12 years If yes, how many years? Upload a Resume Please upload any additional supporting documents Martha AAvery Demographics Ethnicity 17 Caucasian/Non-Hispanic Gender w Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Martha AAvery Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to MARINA ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * IW Restaurant Representative (located within boundaries of Corpus Christi Downtown Management District) Martha AAvery City Of Corpus Christi PARKS AND RECREATION ADVISORY COMMITTEE BOARD DETAILS OVERVIEW SIZE 1 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years The Parks and Recreation Advisory Committee shall advise the City Council as to all City parks and the buildings therein, public outdoor recreation areas and centers and any other grounds placed under its purview by the City Manager. ��1 DETAILS COMPOSITION Eleven (1 1) members appointed by the City Council, who are residents of the City and serve without compensation for a two-year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. CREATION / AUTHORITY Section 2-70, Code of Ordinances. Ord. No. 11046, 8/23/72; 16511, 9/2/81; 19831, 7/2/87; 20294, 5/3/88. MEETS 2nd Wednesday of every month, 5:30 p.m., City Hall, 3rd Floor Conference Room. TERM DETAILS Two-year terms. DEPARTMENT Parks and Recreation Department COMMITTEE/ SUBCOMMITEE N/A AGENDAS OTHER INFORMATION PARKS AND RECREATION ADVISORY COMMITTEE Page 1 of 1 Name Robert A. Alvarez Alissa Mejia Ricardo Pedraza Doug E. McBee, Jr. Terry M. Ray Lloyd Stegemann Jerry Plemons Board Name PARKS AND RECREATION ADVISORY COMMITTEE PARKS AND RECREATION ADVISORY COMMITTEE PARKS AND RECREATION ADVISORY COMMITTEE PARKS AND RECREATION ADVISORY COMMITTEE PARKS AND RECREATION ADVISORY COMMITTEE PARKS AND RECREATION ADVISORY COMMITTEE PARKS AND RECREATION ADVISORY COMMITTEE Status Seeking reappointment Seeking reappointment Seeking reappointment Not seeking reappointment Not seeking reappointment Not seeking reappointment Active District Term District 5 1 District 4 Partial District 1 1 District 4 1 District 5 Partial District 4 Partial District 5 2 End Date 08/23/17 08/23/17 08/23/17 08/23/17 08/23/17 08/23/17 08/23/18 Position Member Member Chair Member Member Member Member Attendance 91 % 10/11 meetings 82% 9/11 meetings 64% 7/11 meetings (2 exc.) Parks and Recreation Advisory Committee Members August 8, 2017 Six (6) vacancies with terms to 8/23/19. Damla Eytemiz PARKS AND RECREATION ADVISORY COMMITTEE Active District 4 1 08/23/18 Member Amy H. McCoy Carlos Valdez, Sr. Dotson Lewis, Jr. PARKS AND RECREATION ADVISORY COMMITTEE PARKS AND RECREATION ADVISORY COMMITTEE PARKS AND RECREATION ADVISORY COMMITTEE Active Active Active District 4 District 2 District 4 1 08/23/18 3 08/23/18 2 08/23/18 Member Member Member Parks and Recreation Advisory Committee Applicants August 8, 2017 Donnie Contreras PARKS AND RECREATION ADVISORY COMMITTEE District 3 Retired Mandy Cox PARKS AND RECREATION ADVISORY COMMITTEE District Christus Spohn Corpus Christi TX Phillip Davis PARKS AND RECREATION ADVISORY COMMITTEE District Guillermo G. Diaz III PARKS AND RECREATION ADVISORY COMMITTEE District 2 Corpus Christi Medical Center 3301 South Alameda Corpus Christi TX 361-761-1416 Paul Dodson PARKS AND RECREATION ADVISORY COMMITTEE District Self -Employed 218 Leming Corpus Christi TX 361-364-7415 Florence D. East PARKS AND RECREATION ADVISORY COMMITTEE District Self -Employed 1605 Yorktown Corpus Christi TX 361-813-7221 Harry O. Hallows PARKS AND RECREATION ADVISORY COMMITTEE District 3 Hallows Realty Capital 6329 Senators Court Corpus Christi TX 361-332-2255 Ida A. Hobbs PARKS AND RECREATION ADVISORY COMMITTEE District 5 Corpus Christi Medical Center 7101 South Padre Island Dr. Corpus Christi TX Jody P. Hughes PARKS AND RECREATION ADVISORY COMMITTEE District 2 Elizabeth Perez PARKS AND RECREATION ADVISORY COMMITTEE District 2 Shelby Tate PARKS AND RECREATION ADVISORY COMMITTEE District Corpus Christi Convention and Visitors Bureau 101 North Shoreline, Suite 430 Corpus Christi TX 361-826-0656 CITY OF CORPUS CHRISTI Submit Date: Aug 01, 2017 Application for a City Board, Committee, or Commission Profile Donnie Contreras Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * fJ District 3 womanise 11111111MINIMI Primary Phone Alternate Phone retired Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Donnie Contreras Suite or Apt State Postal Code Work Address - Zip Code Work Phone donniecontreras@gmail.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Currently I serve on the Corpus Christi Regional Transportation Authority- Committee for Accessible Transportation (RCAT) and the Committee for Persons with Disabilities. Education, Professional and/or Community Activity (Present) Master's Degree in Science and Education Regional Committee for Accessible Transportation Coastal Bend Adaptive Sports Crossroads Adaptive Sports in Victoria Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes r No Current resident of the city? Yes No 58 If yes, how many years? Donnie Bazan ContrerasPRO RESUME2015.docx Upload a Resume Donnie Contreras Letter to City and RTA.doc Please upload any additional supporting documents Demographics I Hispanic Gender IW Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I; I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1J I Agree Donnie Contreras Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. iw I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r• Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? Yes No Donnie Contreras Donnie Bazan Contreras Texas Department of Assistive Services 9411 Parkfield, Suite 500 04/2013 to 08/2014 Austin, TX 78758 Vocation Rehabilitation Counselor Piclidix Inc Corpus Christi, TX 6//2007 to 03/2013 Nursery, Landscape and Floral Business Coastal Bend College 8/1988 to 5/2007 Beeville, TX Academic Instructor/Division Chair Professional Profile Educator with a Specialty in Kinesiology and Health Science (19 years' experience) Director for Recreational Activities -Intramural and Extramural (19 years' experience) -I served as the Academic Division Chairperson of the Kinesiology and Health Science Division - manage the administrative, fiscal, and instructional resources of the division. - recruited full-time and adjunct faculty - scheduled class courses, faculty, classrooms, and other facilities; providing for the ongoing professional development and evaluation of faculty - oversaw curriculum development and assessment; classes instruction - responsible for student academic advisement - coordinated all aspects of faculty program development - responsible for planning and assessing of the divisional personnel - responsible for supporting the vision and mission of Coastal Bend College - responsible for compliance of rules governing The Texas Coordinating Board and the Southern Association of Colleges and Schools. - responsible for all divisional annual reports - served on various committees - provided leadership for college programs and its supporting curriculum. - oversaw the student evaluations of instructors - supported college economic and community development Corpus Christi Army Depot 11/1980 - 8/1985 1 worked in the Compressor Shop as an Aircraft Mechanic Helper. 1 worked on the T53, 755, and T63 engine compressors. 1 worked on the disassembly and assembly of the bearing pack housing. 1 made minor repairs of some compressor assemblies. 1 cleaned parts, reworked the wheel assemblies and the impellers used to assemble compressors. 1 Flow Test the T55, L11 and the L110 number 2 bearing packages. 1 overhauled the bearing pack housing. In overhauling the bearing packages, 1 used 3 types of micrometers for precision measuring. 1 also used Dial Indicators to measure the wear on the A700 and the A720 couplers. 1 used the Intro micrometer to measure A area of the rear diffuser. Outside and Depth Micrometers for the Bearing Housing and the Travel Micrometer to measure the wing spread on the compressor rotors. 1 inspected parts for damage after disassembly. Either 1 would RED TAG or turned it over to Quality Assurance Inspector for approval. 1 worked in Rotating Electric Shop first as a Electrical Equipment Repairer Helper. 1 did disassembly, cleaning, repair, reassembly, and testing of electrical and mechanical equipment. The equipment mostly involved were motors, generators, external lights, inverters, actuators, fuel booster pumps. 1 overhauled a wide range of aircraft electrical components of all aircrafts repaired at CCAD 1 overhauled all aircraft line electrical components 1 overhauled aircraft generators 1 overhauled actuators 1 overhauled fuel probes 1 overhauled a variety of compressors 1 overhauled compressor sections 1 also worked with a variety of specialized tools used in the aircraft mechanic profession. 1 frequently used a variety of aircraft mechanical air tools 1 used torque wrenches in the overhaul process Other measurement tools that 1 used were micrometers and calipers 1 worked with Land Lights and Search Lights 1 also worked with specialized weighing tool for compressor blades Civic Service - Corpus Christi Regional Transit Authority (RCAT) Vice Chairman (1984- - City of Corpus Christi Committee for Persons with Disabilities (2007- ) Dr. John B Gratton President New Mexico State University Carlsbad Darlene Stockton Coastal Bend College s Judy Bloomquist Texas A&M University Kingsville References ) Vice Chairman Dr. Thomas B. Baynum President Black Hawk College IM MM. John Moreno Coastal Bend College Robert Alexander Texas Department of Assistive Services Education Master of Science Texas A&M University Kingsville Kingsville, TX May 1997 Bachelors of Science Corpus Christi State University Corpus Christi, TX (Currently Texas A&M Corpus Christi University) May 1988 Associate of Arts Del Mar College Corpus Christi, TX May 1980 High School Diploma Mary Carroll High School Corpus Christi, TX May 1976 Additional Information Department of the Army Certificate of Promotion Electrical Equipment Repairer Helper WG -5 effective 9/23/1984 Department of the Army Certificate of Training Basic DC Electricity 31 January 1985 Department of the Army Certificate of Promotion Electrical Equipment Repairer WG -8 Effective 8/25/1985 SZ NEW MEXICO Junior College Vice President for Instruction January 5, 2010 To Whom It May Concern: Mr. Donnie Contreras was employed at Coastal Bend College as a kinesiology instructor from August 1988 to May 2007. In this capacity, Donnie was responsible for teaching many different kinesiology courses while also directing the college's intramural program. Additionally, during his tenure Donnie was named as Department Chair of this division and he performed his duties to a remarkable degree of excellence. In my earlier experience, I had the opportunity to interview and recommend Mr. Contreras for employment at Coastal Bend College. We worked very closely together until 2005 when I left Coastal Bend College for my current position at New Mexico Junior College. During our time together, I found Donnie to be a wonderful teacher and a great asset to our college. He maintained a tremendous rapport with his students and his student evaluations continually demonstrated a high level of excellence. Additionally, Donnie freely accepted additional responsibilities and performed these duties very well. Mr. Contreras left Coastal Bend College due to a reduction in workforce brought about by budgetary shortfalls. In my opinion, Donnie will perform his responsibilities at your organization at a very high level of expertise and I highly recommend him for employment. Sincerely,, te. /egi/IC; John B. Gratton Promoting Success tbrougb Learning Thomas B. Baynum, Ed.D. President January 6, 2009 To Whom It May Concern: RE: Donaciano Contreras Coastal Bend College This letter concerns Donaciano Contreras. Mr. Contreras was previously employed with Coastal Bend College from August 1988 to May 2007. He served as a Kinesiology Instructor for many years. In this position, he was responsible for teaching and mentoring students on the aspects of Kinesiology and physical education. He also assumed many other duties and responsibilities, such as being the Kinesiology Department Chair and being involved in extramural sports, in particular coaching basketball. Mr. Contreras' contract was non -renewed as part of a reduction in workforce due to budgetary constraints. At all times his evaluations were very good to excellent. During his employment, Mr. Contreras consistently demonstrated a willingness to work diligently on behalf of the College and an ability to function independently on complex tasks. Coastal Bend College wishes Mr. Contreras success in his future endeavors. If your organization is seeking an individual with his qualifications and abilities, it should consider Mr. Contreras to fill such a position. Sincerely, C�- Dr. Thomas B. Baynum President Coastal Bend College does not discriminate on the basis of race, creed, color, national origin, gender, age, or disability. 01-05-1O;11.43AM; Juan (Johnny) Moreno Industrial Division Chairperson/ Welding Instructor To Whom it May Concern: RE: Donaciano Contreras 1") Coastal Bend College # 2/ 2 This letter -is in regard to Donaciano Contreras. Mr. Contreras was employed with Coastal Bend College from 1988 to 2007, I would like to express that Donaciano (Donnie) and I have been close friends since then. Donaciano was the Kinesiology Instructor for all these years. He was responsible for teaching, mentoring and advising majors on all facets of Kinesiolgy and physical education. As an instructor he had other responsibilities and duties, which included being the Department Chair for Kinesiology. He coached basketball and was involved in the scheduling and execution of the extramural sports, was very well liked by his peers and students. Coastal Bend College had a budget shortfall a couple of years ago, in which Mr. Contreras' department was downsized, and unfortunately Mr. Contreras' contract was non -renewed. He always demonstrated professionalism, willingness to work countless hours for his department and helping other departments as well. While at Coastal Bend College he attended leadership and grant writing seminars to improve quality instruction and expansion of his department and of the college. He was involved with the Bee County Leadership council and numerous citywide youth sports organization. I believe that your organization would benefit tremendously with Mr. Contreras' knowledge, abilities and qualifications. I highly recommend Mr. Contreras. CITY OF CORPUS CHRISTI Submit Date: Jul 20, 2017 Application for a City Board, Committee, or Commission Profile Mandy Cox Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * fJ District 4 Primary Phone Alternate Phone Christus Spohn Physical Therapist Assistant Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code Mandy Cox Suite or Apt State Postal Code Work Phone n/a Work E-mail address Preferred Mailing Address I— Home/Primary Address l Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I currently do not serve with the City in any other capacity. Education, Professional and/or Community Activity (Present) Associates Degree in Physical Therapy from Del Mar College I currently have started a blog and a facebook page to engage the community in discussions about our current parks and the direction that residents would like to see our parks take. Why are you interested in serving on a City board, commission or committee? I am interested in serving on the Parks Advisory Committee because I have young children, and in the 15 years that I've been in Corpus I've seen a lot of families and residents (including myself) feel frustrated with our available parks as compared to other cities. Having good parks that engage children is essential in developing necessary motor skills, and social skills, and also in creating future health habits of young children and families. I know a lot of families that move from the area and specifically reference parks and lack of family friendly parks with adequate shade and splash zones as a reason for leaving. I think this city has such great potential and if the citizens are more involved and feel they have a voice then we can all hopefully create the change necessary to not only have healthy children - but to draw families to the area to stay instead of them moving here and then immediately looking for employment elsewhere. Registered Voter? Yes rNo Current resident of the city? Yes ccNo Mandy Cox 15 If yes, how many years? Mandy s Resume 3.doc Upload a Resume Cover Letter Mandy.doc Please upload any additional supporting documents Demographics Ethnicity IP' Caucasian/Non-Hispanic Gender fJ Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Mandy Cox Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Mandy Cox Mandy Cox To Whom It May Concern: I am very interested in obtaining a position on the Advisory Board for Parks and Rec. As a Mom with young children I have seen the need for improvements in our parks in the area. I have contacts with many Moms' around the area who would also like to see some improvements in parks and feel that there is a schism in what residents in the area would like to see from our parks, and what is currently being prioritized. I feel that if I was allowed an opportunity to become a member of this advisory board that I could be a mediator between the City and the community to both let the City know what the community members are wanting, but also to let the community members know what is going on and educate the community on the things the City is working on to improve our parks. I have a background in Physical Therapy and feel that my views can help the city to design and plan parks that will greatly benefit the residents and encourage kids and parents alike to get outside and be active in the community. I am a hardworking and ambitious leader, and motivator. I am recognized in my work place for team building, creative problem solving, and for a high degree of motivation and integrity. My dedication to excellent performance, ability to interact professionally with all types of people, and my drive to help the City provide functional parks for its residents will make me a value-added asset to an Advisory Board such as this. Thank you for your consideration. Sincerely, Mandy Cox MAN DY COX OBJECTIVE Physical Therapist Assistant PROFESSIONAL EXPERIENCE June 05 -Oct 06 Christus Spohn Shoreline Physical Therapist Assistant PRN Corpus Christi, TX • Provided Skilled Therapy Throughout Hospital • Work with Patients with Various Diagnosis to improve strength and mobility to return to activities of daily living and ambulation skills to prepare to return to home setting. • Provide education to patients on safety and mobility in the home to encourage safety and increased active lifestyle after leaving the hospital setting. Sep 2010- Present Osborne Physical Therapy Physical TherapistAsssitant Corpus Christi, TX • Work in the West Oso School District with pediatric patients and teachers to provide a good learning environment for students with disabilities • Work in the Home Health Care Setting • Work hand in hand with educating patients to be safe in the home environment, perform HEP, and learn fall recovery • Have good working relationship with patients and family members which helps to increase participation, and decrease time needed to meet set goals Feb 2010 -September 2010 Life Steps Pediatrics Physical Therapist Assistant Carrollton, TX • Work in a pediatric outpatient setting • Work with children with various disabilities to help them progress and develop the skills they need to function more fully. • Directed a Healthy Steps program with patients and their families to educate, and encourage children and their families to participate in physical activities to promote a healthier lifestyle. June 2009 -Feb 2010 Physical Therapist Assistant Med Rec Dallas, TX • Completed contract work in skilled nursing facilities, and long term care facilities around the Dallas Metroplex. Sept 2008 — June 2009 Holmgreen Center Physical Therapist Assistant Corpus Christi, TX ■ Performed Skilled Nursing, Outpatient, and Home Health Services in a SNF/ Assisted Living Facility • Worked with a variety of neurological, ortho, and general disability patients as well as those with multiple medical conditions ■ Assisted with the scheduling of patients and in training new employees Dec 2007 — Oct 2008 Paul Osborne Physical Therapy Physical Therapist Assistant Corpus Christi, TX • Performed Home Health Services to patients around Corpus Christi • Worked hand in hand with educating patients to be safe in the home environment, perform HEP, and learn fall recovery • Had good working relationship with patients and family members which helped to increase participation, and decrease time needed to meet set goals Oct 06- Dec 07 Advanced Medical Personnel Services Physical Therapist Assistant San Antonio, TX • Completed 3 to 6 month assignments at LTC Facilities around San Antonio • Received experience working in a locked facility with Alzheimer's and Dementia patients • Was offered Full Time positions at all facilities worked at, but unable to accept due to proximity of move to Corpus Christi Oct 06- April 07 Intelistaf Physical Therapist Assistant San Antonio, TX • Completed Short Term Contracts in a Variety of Facilities • Facilities included Hospitals, Rehab Facilities, and Specialty Hospitals • In many facilities was able to meet the expected contract productivity of 90% • Commended for Excellence in Job Performance EDUCATION 2002-2005 Associates Degree Del Mar College Corpus Christi, TX • Maintained GPA of 3.6 throughout schooling • Was Placed on Deans List for excellence in grades and attendance • Acted as Class Treasurer during time in Physical Therapist Assistant program CITY OF CORPUS CHRISTI Submit Date: Jan 13, 2017 Application for a City Board, Committee, or Commission Profile Phillip Davis Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted MARINA ADVISORY COMMITTEE: Submitted Street Address 111•11111MMIS Suite or Apt State City Postal Code What district do you live in? * 1W District 4 Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Phillip Davis Page 1 of 5 Work Address - State Work Address - Zip Code Work Phone pdavis@delmar.edu Work E-mail address Preferred Mailing Address E Home/Primary Address E Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Anything outdoor related: Parks, Marina, Beaches, etc Education, Professional and/or Community Activity (Present) Active in Santa Fe Soccer Club, Santa Fe Swim Club and Downtown Optimist Club Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes r No Current resident of the city? Yes No 35 If yes, how many years? Phillip Davis Page 2 of 5 Upload a Resume Please upload any additional supporting documents Demographics IW Caucasian/Non-Hispanic Gender iw Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Phillip Davis Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Question applies to MARINA ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * IW Scientist, i.e. Marine Biologist Phillip Davis Page 4 of 5 Question applies to TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Yes c No Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * i Scientist i.e.,Marine Biologist) Phillip Davis Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jan 19, 2017 Application for a City Board, Committee, or Commission Profile Guillermo G Diaz III Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * fJ District 2 Primary Phone Alternate Phone Corpus Christi Medical Center Volunteer Coordinator Employer Job Title 3301 South Alameda Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78411 Work Address - Zip Code Suite or Apt State Postal Code Guillermo G Diaz III Page 1 of 4 361-761-1416 Work Phone Guillermo.diaz@hcahealthcare.com Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: DRMC Employee Safety & Security Officer Committee Education, Professional and/or Community Activity (Present) AA, Radio and TV - BA, Business Administration Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes No Current resident of the city? c Yes r No 30 If yes, how many years? Upload a Resume Please upload any additional supporting documents Guillermo G Diaz III Page 2 of 4 Demographics Ethnicity 17 Hispanic Gender IW Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Guillermo G Diaz III Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Guillermo G Diaz III Page 4 of 4 CITY OF CORPUS CHRISTI Submit Date: Jan 04, 2017 Application for a City Board, Committee, or Commission Profile Paul Dodson Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * IW District 4 Primary Phone Alternate Phone self Employer 218 Leming Work Address - Street Address and Suite Number Corpus Christi Work Address - City Tx Work Address - State 78404 Work Address - Zip Code Paul Dodson attorney Job Title Suite or Apt State Postal Code 3613647415 Work Phone paul@pdodson.com Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) University of Texas at Austin (B.A., J.D.) Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes No Current resident of the city? c Yes r No 39 If yes, how many years? Upload a Resume Please upload any additional supporting documents Paul Dodson Demographics Ethnicity 17 Caucasian/Non-Hispanic Gender I -J Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Paul Dodson Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Paul Dodson CITY OF CORPUS CHRISTI Submit Date: Nov 16, 2016 Application for a City Board, Committee, or Commission Profile Florence D East Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * fJ District 4 Primary Phone Alternate Phone Self Employer 1605 Yorktown Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78418 Work Address - Zip Code Owner/operator of Certified Southwest Transport Suite or Apt State Postal Code Florence D East Page 1 of 4 361-813-7221 Work Phone floreast@aol.com Work E-mail address Preferred Mailing Address F? Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) Flour Bluff News Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes No Current resident of the city? c Yes r No 26 If yes, how many years? flo east resume.docx Upload a Resume Please upload any additional supporting documents Florence D East Page 2 of 4 Demographics Ethnicity 17 Caucasian/Non-Hispanic Gender w Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Florence D East Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Florence D East Page 4 of 4 Flo East resume 11.16.2016 1 wasn't born in Flour Bluff but that's ok. For 20 plus years 1 have served my 78418 community with LOVE and PRIDE. 1 started my community volunteering early on**PTA, PTSA, Chairperson of the Janet F. Harte library committee to help promote the city and school district partnership. Co -Chairperson for the 1997-8.58 Million dollar bond. Founder of the Coastal Cotillion -entering our 23rd year! Founder of the Flour Bluff - Padre Island 4H- an organization that has helped secure thousands of dollars (one million) for our youth to pursue their future aspirations. Member of the Parker Pool Patriots -To help revive and promote Parker Pool. Founding donor for the Excellence in Education foundation. Board member of the Parker Pool Patriots. Leader of The Flour Bluff Business Association for 10 years. 1. Secured a large donation for the skate park © Wranosky Park. The only community skate park to date. 2. Revived "Community Christmas" for all to enjoy and constructed the beautiful 40' community Christmas tree. 3. Solicited school supplies "Supply Our Hornets" for campuses to offset cost for teachers having to provide supplies. 4. Worked with city officials on numerous bond issues to make our community better. 5. Founder of the Dolphins that helped secure funding for extras at the Janet F. Harte library. 6. Founder of Flour Bluff News with Co -Founder Stephan Noack 7. Nueces County Junior Livestock show board member for 6 years and 1 currently serve as the Public Relations Chairman. 1 proudly serve my community and 1 always will. We have made great strides in the past years and 1 want to keep the momentum going for all to enjoy. 1 have supported our city bond projects with great passion because 1 know they help us do the things that need to be done now, not later. 1 have come to love and appreciate our little park and 1 feel l would make a great Corpus Christi Park Board member. Green space is valuable space and we just need to keep it "Growing Green". Thank you for your consideration. Respectfully, Flo East CITY OF CORPUS CHRISTI Submit Date: Aug 01, 2017 Application for a City Board, Committee, or Commission Profile Prefix Harry First Name Email Address O. Middle Initial Hallows Last Name Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * fJ District 3 Primary Phone Hallows Realty Capital Employer 6329 Senators Court Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78413 Work Address - Zip Code Harry O. Hallows Alternate Phone President Job Title Suite or Apt State Postal Code 361-332-2255 Work Phone harry@stx.rr.com Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Previously served on Ethics Commision (Termed Out) University of Houston Bachelors Degree, Real Estate Broker, Retired Certified Property Manager, Member of the Art Museum. Frequent Del Mar Events with my wife, Janet, who has taught English and ESOL there for 24 years. Frequent the Art Museum and local parks. As a commercial real estate lender and property manager I have done market studies in Dallas, Houston, San Antonio, Denver, Phoenix, Los Angelos, Atlanta, Macon, Jacksonville, Orlando, Tampa, St. Petersburg, Pensacola, and Ft. Walton Beach, in which I evaluated city's amenities and how they influenced property values. These studies made me acutely aware of the importance of public space and park and recreation facilities, and how they bear on a city's image for tourism and keeping and attracting good citizens and businesses. When evaluating Corpus Christi for a business relocation or start-up, a business will always consider the reaction of top talent to the prospect of living in the new location. The quality of public space is an important element. I have a unique perspective on that element due to the study of many cities over the span of my 40+ years in real estate lending and property management and commercial real estate brokerage since 1976. Why are you interested in serving on a City board, commission or committee? I have ideas from my experience that will be transformative in solidifying the City's position in tourism as a destination resort and in business and relocation as a favored city for which to relocate, resulting in JOBS to keep our children here and encourage growth that will expand our tax base. Should I ever develop a conflict of interest, I will resign this board position. Registered Voter? tr Yes r No Harry O. Hallows Current resident of the city? Yes r No 7 years. If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Ethnicity IW Prefer not to Answer Gender i Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. rJ I Agree Harry 0. Hallows Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Harry 0. Hallows CITY OF CORPUS CHRISTI Submit Date: Mar 02, 2017 Application for a City Board, Committee, or Commission Profile Ida A Hobbs Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * fJ District 5 womanise 11111111111m.1111 Primary Phone Alternate Phone RN - Performance Improvement Corpus Christi Medical Center Reviewer Employer Job Titl+r= 7101 SPID Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State Ida A Hobbs Suite or Apt State Postal Code 78412 Work Address - Zip Code Work Phone ida.hobbs@hcahealthcare.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Previously served on Leadership Committee for Senior Services - 2 yrs as Chair. Termed out Education, Professional and/or Community Activity (Present) RN/BSN Volunteer in Dental Clinic of Timmon's Ministries Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes r No Current resident of the city? Yes No 10 If yes, how many years? Upload a Resume Ida A Hobbs Please upload any additional supporting documents Demographics I Hispanic Gender IW Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I; I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1J I Agree Ida A Hobbs Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to LIBRARY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * i None of the Above Ida A Hobbs CITY OF CORPUS CHRISTI Submit Date: Aug 01, 2017 Application for a City Board, Committee, or Commission Profile Prefix Jody First Name Email Address P Middle Initial Hughes Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * fJ District 2 womanise 11111111MINIMI Primary Phone Alternate Phone Volunteer Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Jody P Hughes Suite or Apt State Postal Code Work Address - Zip Code Work Phone jodyhughes1@yahoo.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Masters of Education - Educational Diagnostician and BS Education UTRGV Retired from Texas Public Education 30 years Retired as Executive Director - Property Owners Who Care - South Padre Island - non profit Incoming President of Corpus Christi Symphony Guild 2017-2018 Chaired Islanders for SPI Chamber of Commerce 2010-2015 I Chaired South Padre Island (SPI) Parks, Recreation & Beautification Committee for 5 years (2010 - 2015) Also served on the following Committees, Boards & Task Force on SPI: Development Plan & Review Board Home Rule Charter Committee Certified Retirement Community Website Task Force Corpus Christi 11-15 to Present: President of Corpus Christi Symphony Guild 2017- 2018 Board of Directors Corpus Christi Symphony Orchestra 2017-2018 Board of Directors Twin Dolphins Condominiums Vice President of Fund Raising CC Symphony Guild 2016-2017 Member & Fundraising Chair of New Neighbor League of Corpus Christi 2016 to present Please see attached Resume! Why are you interested in serving on a City board, commission or committee? I am very much interested in serving on a City Board, commission, or committee. I am from a family that are firm believers in giving back to their community. Registered Voter? ' Yes ` No Jody P Hughes Current resident of the city? Yes r No 1 If yes, how many years? Resume - Jody Perkes Hughes 2017docx.pdf Upload a Resume Please upload any additional supporting documents Demographics Ethnicity V Caucasian/Non-Hispanic Gender i Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. lw I Agree Jody P Hughes Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * fJ Performing Arts (music, dance, drama, film) Jody P Hughes Jody Perkes Hughes AML I am applying for Corpus Christi Parks & Recreation Board and Arts & Cultural Commission I am from a family that Volunteers and believe strongly in giving back to my community. Experience and Skills I retired from Texas Education Agency with 30 years of experience in 2005. I taught seven years K -12th grades and was an Educational Diagnostician for the last 23 years of my public education service. In 2008, I was hired by Property Owners Who Care — South Padre Island (POWC- SPI) a non-profit organization for this area to be their Executive Director 2008 to 11- 2015. We moved to Corpus Christi, TX November 2015 and my husband opened and is Operations Manager for Superior Weighing for American Energy Systems. Work History • Executive Director for POWC-SPI (7-2008 to 10-2015) • Teacher — Saint Joseph Academy (Catholic Middle -HS) Brownsville, TX (2005-06) • Los Fresnos CISD - Educational Diagnostician — All levels — (2003-2005) • Cypress Fairbanks ISD - Educational Diagnostician - Houston Texas Cypress Creek High School and Cypress Falls High School (1996-2003) • Waller ISD - Educational Diagnostician — Waller, Texas - Waller High School, Schultz Middle School and Roberts Road Elementary (1991-1996) • Klein ISD - Educational Diagnostician-Spring,Texas-Lemm Elem.(1988-1991) • Aldine ISD - Educational Diagnostician & Teacher- Houston, Texas Pre -K thru HighSchool — Shotwell Middle, Inwood Elem., Schultz Mid. & McArthur HS (1980-1988) • Brownsville ISD, Brownsville, Texas Resource Teacher Pace High School (1978- 1980) • McAllen ISD McAllen, Texas Resource Teacher — 3" to 6th Grade (1976-1978) • Pharr, San Juan, Alamo ISD Pharr, Texas Resource Teacher K to rd grade - and 6th Grade Teacher -Science and English (1973 -1976) Education and Training: Masters of Education, Educational Diagnostician Pan American University — Edinburg, TX UT -Edinburg 1973 to 1975 1 Jody Hughes Bachelors of Education (Cum Laude Graduate) Elementary Education and English and History Pan American University — Edinburg, TX 1968 to 1972 McAllen High Graduate Honors, Awards, and Community Service Corpus Christi 11-15 to Present President of Corpus Christi Symphony Guild 2017-2018 Board of Directors Corpus Christi Symphony Orchestra 2017-2018 Board of Directors Twin Dolphins Condominiums Vice President of Fund Raising CC Symphony Guild 2016-2017 Member of New Neighbor League of Corpus Christi 2016 to present South Padre Island Committees, Commissions and Boards 2008 to Present Chairman of Parks, Recreation and Beautification Committee 2010-2015 Development Plan and Review Board (DPRB) 9-08- 2010 Home Rule Charter Commission (HRRC) 12-08 to 9-2009 Certified Retirement Community Board (CRRB) 10-08 to 2010 SPI Web Task Force 2010 Community Service Memberships on South Padre Island Chairman of Member of SPI Chamber of Commerce Islanders 2009- 10-2015 Board of Directors for El Paseo Arts Foundation since 2008 -2014 South Padre Island Chamber of Commerce 2008- present Leadership Laguna Madre Class XIV 2009-2010 Gala Committee SPI Chamber of Commerce 2009 -2014 Birding and Nature Center Volunteer Community Service — Brownsville, TX 2003 to 2007 Board of Directors Camille Playhouse, Brownsville, TX - 2004-2007 Performed in three musicals at Camille Playhouse and 7 plays for El Paseo Arts Foundation Advisor to Lower Rio Grande Valley Cotillion — 2007-2008 Advisor to South Texas Cotillion — 2008- 2009 Community Service — Houston, TX Past President of Xi Delta Theta Chapter of Beta Sigma Phi, 1982-83 & 1991-92 Vice President of Houston City Council of Beta Sigma Phi 1990-91 Vice President of Children's Special Events, Yeager Elementary 1993-94 Head Home Room and Grade level Advisor, Yeager Elementary 1989 to 1995 Member & Officer of Cypress Creek Chapter of National Charity League 1995 to 2003 Member of Cypress Woodlands Junior Forum 1996 to 2003 Mother Daughter Most Philanthropy Hour Award — National Charity League 1998 Mother of Sugar Plum Cotillion Debutante 1997 to 2001 Secretary & Vice President of Choir Booster — Cypress Creek HS Choir 1998- 2001 Grade Level Advisor for 7th Gr. For National Charity League 2002-2003 2 Jody Hughes 50 Hour Award for National Charity League — 2002-2003 Mother Daughter Most Philanthropy Hour Award — 2003 Collegiate Yearbook Editor & Co -Editor 1969 - 1972 at Pan American University Graduate — Cum Laude 1972 BS in Education & 1975 Masters Who's Who In American Colleges and Universities, 1972 Pan American University Cheerleader 1970 —1972 3 Jody Hughes CITY OF CORPUS CHRISTI Submit Date: Aug 01, 2017 Application for a City Board, Committee, or Commission Profile Elizabeth Perez Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted OIL AND GAS ADVISORY COMMITTEE: Appointed PARKS AND RECREATION ADVISORY COMMITTEE: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted TREE ADVISORY COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? * 1W District 2 WION.111111 41011.11.11.1111 Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Elizabeth Perez Page 1 of 5 Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address rJ Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes currently serve on the Oil and Gas Advisory Committee Education, Professional and/or Community Activity (Present) GRADUATE OF IWA, 1999 FORMERLY WORKED FOR THE SUSSERS, DOBSON'S AND MIKAL WATTS (ALL OF WHOM HAVE LEFT THE CITY) ATTENDED TAMU-CC WHERE I WAS THE EDITOR- IN-CHIEF OF THE ISLAND WAVES STUDENT NEWSPAPER. I VOLUNTEERED FOR A NUMBER OF YEARS WITH THE U.S. WINDSURFING OPEN AND THE HEB CHRISTMAS EVE DINNER. Heavily involved with the Community Outreach Committee for GROW Local South Texas and I am the Social Media Manager for The One Bride Guide, a bridal magazine based right here in Corpus. I have also created the Corpus Christi Maternal Mental Health Coalition to help the women in our area with their prenatal and postpartum mental health care by providing a monthly peer-to-peer support group. Why are you interested in serving on a City board, commission or committee? I have lived in Corpus Christi my entire life, and so has my husband. We have decided to keep our family here in the city that we love. We aren't going anywhere. So, I want to get involved and really help where I can. Registered Voter? Yes c No Elizabeth Perez Page 2 of 5 Current resident of the city? Yes r No 32 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Ethnicity �V Hispanic Gender i Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Elizabeth Perez Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. lw I Agree Board -specific questions (if applicable) Question applies to CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 14 None of the above Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * IW None of the Above Elizabeth Perez Page 4 of 5 Question applies to MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 1W- None of the Above Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 14 Not Connected with Oil and Gas Well Industry Question applies to TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? r Yes cz No Question applies to TREE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * IW None of the above Elizabeth Perez Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jan 05, 2017 Application for a City Board, Committee, or Commission Profile Shelby Tate Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Street Address City What district do you live in? * fJ District 4 Primary Phone Alternate Phone Corpus Christi Convention and Visitors Bureau 101 North Shoreline Suite 430 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78401 Work Address - Zip Code Sales Manager Job Title Suite or Apt State Postal Code Shelby Tate Page 1 of 4 3618260656 Work Phone shelbyt@visitcorpuschristitx.org Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: CC Chamber of Commerce Military Resource Committee Education, Professional and/or Community Activity (Present) Certified Travel Ambassador Childrens Lay Leadership Committee for CCFUMC Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes No Current resident of the city? c Yes No 9 months If yes, how many years? Shelby_resume-new.doc Upload a Resume Please upload any additional supporting documents Shelby Tate Page 2 of 4 Demographics Ethnicity 17 Caucasian/Non-Hispanic Gender w Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Shelby Tate Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Shelby Tate Page 4 of 4 Shelby Tate, CTA Work Experience Corpus Christi Convention and Visitors Bureau 101 N. Shoreline Drive Corpus Christi, TX 78412 Sales Manager Little Rock Convention and Visitors Bureau #1 Statehouse Plaza Little Rock, AR 72201 Director of National Accounts Capital Hotel 111 West Markham Little Rock, AR 72201 National Accounts Manager Crowne Plaza Little Rock 201 S. Shackleford Little Rock, AR 72211 Transient and Entertainment Sales Manager Peabody Little Rock #1 Statehouse Plaza Little Rock, AR 72201 Corporate and Entertainment Sales Manager August 2016- Present 361.881.1812 Erica Lozano June 2015- July 2016 501.370.3251 Alan Sims May 2010- June 2015 501.370.7066 Chuck Magill July 2008 -May 2010 501.223.3000 Beth Boyd Feb 2006 -July 2008 501.906.4000 Todd Scholl Prior to entering the Hospitality Field, I toured and performed for 10 years with National and Regional Theater Groups and Bands as a Principal Performer Education and Achievements Certified Travel Ambassador Attended University of Arkansas at Little Rock Mastermind Marketing University with Bradley Communications Publishers Marketing University Topline Revenue Committee -Peabody Hotel Group Million Dollar Roundtable 2006 -2008 -Peabody Hotel Group MSNBTA member Mastering Sales Productivity- Intercontinental Hotel Group Army Reserves Family Readiness Group member References Available Upon Request AGENDA MEMORANDUM Future Item for the City Council Meeting of July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: June 12, 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 Construction Contract Corona Drive from Flynn Parkway to Everhart Road Bond 2014 Proposition 1 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, L.P. dba Bay LTD. of Corpus Christi, Texas in the amount of $4,679,371.25 for Corona Drive from Flynn Parkway to Everhart Road for the total Base Bid. (Bond 2014 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Corona Drive from Flynn Parkway to Everhart Road Project. BACKGROUND AND FINDINGS: Bond 2014 Brochure description: "Corona Drive from Flynn Parkway to Everhart Road — This project includes full -depth repair of the existing undivided four lane roadway. This is consistent with the proposed C-3 Primary Collector designation in the Urban Transportation Plan. Consideration is being given to adding bike lanes. Other improvements include curb and gutter, sidewalks, ADA curb ramps, pavement markings, and traffic signal improvements. Consideration will also be given to the realignment of the Tiger Lane/Flynn Parkway intersection, as funding allows." Project Scope: The Corona Drive project includes full -depth reconstruction and reconfiguration of the existing HMAC roadway from Flynn Parkway to Everhart Road. The project provides new HMAC pavement, concrete bus pads, curb & gutter, sidewalks, off-street cycle tracks (Mobility Plan), ADA ramps, pavement markings, signage, area lighting, and traffic signal upgrades for the Everhart intersection. Utility improvements include water, wastewater, storm water, and gas, with the gas work to be completed by City crews. The recommended roadway reconfiguration is a C-2 with 2 -lanes and continuous center turn lane, which is based on the traffic counts, roadway curvature, number of driveways, and constrained right of way. The reconfiguration also includes major realignment of the Flynn Parkway/Corona Drive intersection to consolidate the two separate intersections of Corona / Flynn Parkway and Corona / Tiger to a single intersection. The new alignment will improve safety and accommodates the new cycle tracks while reducing congestion and confusion. This project also completes improvements developed under the Bond Street 2008 program for Traffic Congestion Management Improvements. Work will include a new entry road (Island Gate Way) that will provide access to the Island Gate Plaza from Corona Drive. This new roadway provides critical relief to traffic congestion at the Everhart/SPID intersection, which has the highest traffic accident rate in the City. This new entry road also provides critical emergency access for fire and police. The project required specific coordination with the Texas Department of Transportation (TxDOT) for the SPID Ramp Reversal project that is planned to start in late 2017. The project contractor will also coordinate and schedule work to minimize traffic impacts over the upcoming holiday periods. This project bid on May 24, 2017, the City received proposals from four (4) bidders and the bids are as follows: Contractor Base Bid Berry Contracting, L.P. dba Bay, LTD Corpus Christi, Texas 4,679,371.25 SJ Louis Construction of Texas, LTD, San Antonio, Texas 4,897,584.38 CPC Interests, LLC dba Clark Pipeline Services, LLC Corpus Christi, Texas 5,033,690.04 Haas -Anderson Construction, LTD Corpus Christi, Texas 5,038,230.20 Engineer Opinion of Probable Cost: 4,228,000 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Govind Development, LLC is the design engineer that was selected for this project under RFQ No. 2013-01. Tolunay-Wong Engineers was selected to perform the Construction Materials Testing and awarded a small professional services contract for $49,860. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction and professional service contracts. Conforms to FY 2016-2017 Street Capital Improvement Planning (CI P) 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 830,505.00 5,530,621.00 6,361,126.00 Encumbered / Expended Amount 830,505.00 830,505.00 This item (Construction) 4,679,371.25 4,679,371.25 Future Anticipated Expenditures This Project 851,249.75 851,249.75 BALANCE 0.00 0.00 0.00 Fund(s): Street and Utility CI Comments: N/A RECOMMENDATION: City staff, and Govind Development, recommend award of a construction contract to Berry Contracting, L.P. dba Bay LTD. of Corpus Christi, Texas in the amount of $4,679,371.25 for the total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation PROJECT BUDGET ESTIMATE Corona Drive - Flynn Parkway to Everhart Road BOND 2014 Proposition 1 PROJECT FUNDS AVAILABLE: Bond 2014 Street Proposition 1 3,635,000 Bond 2008 Street Proposition 1 (Traffic Congestion Management) 200,000 Storm Water CIP 1,424,430 Wastewater CIP 93,300 Water CIP 997,011 Gas CIP 11,385 TOTAL FUNDS AVAILABLE 6,361,126 FUNDS REQUIRED: Construction Fees: Construction (Berry Contracting, dba Bay, Ltd.) THIS ITEM 4,679,371 Streets 2,714,462 Utilities 1,964,909 Storm Water 1,111,973 Water 816,536 Wastewater 26,500 Gas 9,900 Contingency (10%) 467,937 Construction Inspection and Testinq Fees 240,243 Construction Inspection (TBD) 190,383 Construction Materials Testing 49,860 Desiqn Fees: (Govind Development, LLC) 563,856 Engineering Design Original and Amendment No. 1 563,856 Streets 332,131 Utilities 231,725 Storm Water 126,663 Water 50,430 Wastewater 54,633 Land Acquisition and Liqhtinq Fees 180,997 Land Acquisition Parcel No. 1 49,900 Land Acquisition Parcel No. 2 49,900 Land Acquisition Parcel No. 3 (estimate) 22,500 Closing Costs and Title Fees 3,072 AEP Project Illumination 55,625 Reimbursement Fees 228,722 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 63,460 Engineering Services (Project Mgt) 163,777 Misc. (Printing, Advertising, etc.) 1,485 TOTAL 6,361,126 ESTIMATED PROJECT BUDGET BALANCE ;ti 31 26A IH -37 Texas State Aquariumi) Corpus Christi PROJECT LOCATION Li ON 4P. 'CZ* .k2.) 60/ lYory 44/ LOCATION MAP NOT TO SCALE Ward Project Number: E13091 Corona Drive Flynn Pkwy to Everhart Rd Bond 2014 Prop 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES cQi) Corpus Chr sti Engineering Corona Drive Flynn Parkway to Everhart Road BOND 2014, Proposition 1 Council Presentation July 25, 2017 Project Location Corpus Chrsti Engineering EZI CORONA DRIVE I20A� /1o/y,i' a Ward Is Project Vicinity Corpus Chr sti Engineering PROPOSED CONDITION N SCALE: N.T.S. Proposed 4 -way Intersection TIGER LN (CORONA DR) and FLYNN PKWY 0 �hrsti Engineering Proposed Access Road to Island Gate Plaza 0 �hrsti Engineering Pending Land Acquisition A.reement Cross Sections 0 �hrsti Engineering CYCLE TRACK SIDEWALK TRAVEL LANE CENTER TURN LANE /Q©®1 TRAVEL LANE CYCLE TRACK SIDEWALK Project Scope Corpus Chr sti Engineering Full reconstruction HMAC pavement with concrete bus pads, curb & gutter, sidewalks, ADA ramps, and pavement markings and signage with the following additional elements: • New off-street cycle tracks, markings, signage, and area illumination improvements • Traffic signal upgrades at the Everhart intersection • Roadway reconfiguration from 2 -lanes to 3 -lanes with a continuous center turn lane • Re -alignment of both the Corona/Flynn Parkway and the Corona/Tiger Lane intersections to form a single 4 -way intersection • New access road to Island Gate Plaza • Utility upgrades for water, wastewater, storm water and gas Corona Drive Cross Sections Corpus Chrsti Engineering HOT MIX ASPHALT CONCRETE (HMAC) 5.5" HMAC 8" LIMESTONE BASE (CEMENT TREATED) 12" COMPACTED SUBGRADE PRIME COAT LIME STABILIZATION (TOP 8") NEW ISLAND GATE DRIVE 7" CONCRETE 8" LIME SUBGRADE Project Schedule Corpus Chr°sti Engineering 2017 2018 J J Bid/ Award A s O N D J F M A EL_ Construction Construction Estimate: 270 days 9 months ** Requires specific coordination with TxDOT SPID Ramp Reversal and Holiday traffic Olf/Nli DEVELOPMENT, LLC ENGINEERING DIVISION City of Corpus Christi Engineering Services P.O. BOX 9277 Corpus Christi, TX 78469-9277 Attn: Jeff Edmonds, P.E., Director of Engineering Services Re: CORONA DRIVE - FLYNN PARKWAY TO EVERHART ROAD City of Corpus Christi Project No E13091 Letter of Recommendation — Award of Contract Dear Mr. Edmonds, May 31, 2017 We have reviewed the four (4) bids received on May 24, 2017 for Corona Drive — Flynn Parkway to Everhart Road, City of Corpus Christi Project No- E13091. The project consists of reconstructing approximately 2870 linear feet of existing two (2) lane roadway, curb and gutter, sidewalk, driveways, ADA curb ramps, and cycle tracks. The project also includes re -alignment of offset intersection (Corona Dr., Tiger Ln., and Flynn Pkwy.) to a four (4) way intersection, and construction of a new access road, Island Gate Way, from Corona Dr. to Island Gate Plaza_ Utility upgrades include upsizing existing water main and installing new storm water pipe. Traffic improvements include new signage and pavement markings as well as signal upgrades and lighting. The bidders were Berry Contracting, L.P. DBA Bay LTD (Bay), S.J. Louis Construction of Texas, LTD, CPC Interests, LLC DBA Clark Pipeline Services, LLC, and Haas -Anderson Construction LTD. Three (3) bidders are from Corpus Christi and one (1) is from San Antonio, TX. The three (3) lowest bids have been evaluated and a Bid Tabulation has been prepared (see attached). The low bidder is Berry Contracting, L.P. DBA Bay LTD. with a Total Bid of $4,679,371.25. We are in receipt Bay's Statement of Experience (SOE) and Bay has successfully completed four (4) construction projects for the City of Corpus Christi over the past ten (10) years, one (1) within the past four (4) years. Two of the most recent completed city projects had construction costs of $16A million and $6.5 million Bay's management team has extensive experience and is more than suitable for the project. Based upon our evaluation of the bids and SOEs, Govind Development, LLC recommends award of the project to Berry Contracting, L.P. DBA Bay LTD for the following bid amount: TOTAL BASE BID $4,679,371.25 If you have any questions, or require any additional information, please contact our office. Respect ully, Ma7cos I'$ .E. Led Civil Engineer Govind Development, LLC Encl. — Bid Tabulation, Statement of Experience 9510 Leopard St • Corpus Christi, TX 78410 • Ph 361 241-2777 • Fax 361 356-4384 • www.govinddevelopment.com 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: 2017-232504 Date Filed: 07/05/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bay Ltd. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Engineering Services 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. E13091 Corona Drive -Flynn Parkway to Everhart Road (Bond 2014) Total Base Bid $4,679,371.25 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Lentz, Jon Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT ,,'1�44 t1�1tlr111fI►N,y� I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. )v414,,,c,.... :PY'- A-(%se• i s t 7 �Y t qq.-•. ltOf �0) •,ct) AFFIX NOTAitiA (�y WE .,**°STAN S --(1�In Sworn to and subscribe° uefore,me, by the said VO Signatui'ebf fes. n authorized agent of contring business entity T`I , this tf day of 3J u y , 20 11 , to certify which, witness my hand and seal of office. I bAl/AdLgrj_. \iiIw& .(JLi2Le/rA ' NViCIV ?GI b)1' Signature of officer administering oath Printed name of officer administering oath Title of officer a inistering 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 July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: June 20, 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 of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Executive Director of Utilities dang@cctexas.com (361) 826-1718 CAPTION: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract and Professional Services Contract Lifecycle Curb and Gutter Motion authorizing the City Manager, or designee, to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of $536,850 and to execute a professional services contract with Engineering and Construction Management Services, LLC (ECMS) of Corpus Christi, Texas in the amount of $95,040 for the Lifecycle Curb & Gutter Replacement project. Both contracts will be executed for one base year with two (2) administrative one-year options. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract and a contract for professional services for the Lifecycle Curb & Gutter Replacement Project. BACKGROUND AND FINDINGS: Project Scope: This is an ongoing project where damaged, rolled and failed curb and gutter is removed and replaced along with associated pavement repair throughout the City. In addition to improving drainage, areas considered hazardous to vehicular or pedestrian traffic will receive priority. This project will address problematic areas on a yearly basis as funding allows. Curb replacements shall be designed to exceed a 20 -year service life. This Indefinite Delivery/Indefinite Quantity (IDIQ) construction contract provides for multiple delivery orders (DO's) citywide on a multi-year program with one base year and 2 additional one-year options. Optional years will be approved based on performance and funding availability. ECMS was selected through an RFQ and successfully provided professional services for rolled curb and gutter for several years. On March 22, 2017, the City received proposals from five (5) bidders. Two of the bidders were deemed non-responsive for failing to comply with bidding requirements. The bids are as follows: Contractor Base Bid Epic Energy Services, LLC Sinton, Texas (Non-responsive) $483,300 A. Ortiz Construction & Paving, Inc. Corpus Christi, Texas $536,850 Gourley Contracting Corpus Christi, Texas $613,118 Mako Contracting, LLC. Corpus Christi, Texas (Non-responsive) $626,300 J.E. Construction Services Corpus Christi, Texas $633,727 Engineer's Opinion of Probable Cost $599,970 ALTERNATIVES: 1. Authorize execution of a construction contract and a professional services contract. (Recommended) 2. Do not authorize execution of a construction contract and a professional services contract. (Not Recommended) OTHER CONSIDERATIONS: Engineering & Construction Management Services, LLC is the design engineer that was selected for this project under RFQ 2017-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 Capital Improvement Planning (CI P) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department Utility 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 $746,147 $746,147 Encumbered / Expended Amount 0.00 0.00 This item 631,890 631,890 Future Anticipated Expenditures This Project 114,257 114,257 BALANCE $0 $0 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends the construction contract be awarded to A. Ortiz Construction in the amount of $536,850 and recommends executing a professional services contract with ECMS in the amount of $95,040 for the Lifecycle Curb and Gutter Replacement project for one base year and two (2) additional one-year options based on performance and funding availability. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract - ECMS Form 1295 — ECMS Form 1295 — A. Ortiz Construction Letter of Recommendation PROJECT BUDGET ESTIMATE Lifecycle Curb and Gutter PROJECT FUNDS AVAILABLE: Storm Water CIP 746,147 TOTAL FUNDS AVAILABLE $ 746,147 FUNDS REQUIRED: Construction Fees: Construction (A. Ortiz Construction) THIS ITEM 536,850 Contingency (10%) 53,685 Design, Construction Inspection and Testing Fees' 134,012 *Engineering (ECMS)(THIS ITEM) 95,040 *Engineering (ECMS) Original (Preliminary) 20,000 Construction Phase - Materials Testing Services 18,972 Reimbursement Fees and Miscellaneous 21,600 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 9,000 Engineering Services (Project Mgt/Constr Mgt) 12,000 Misc. (Printing, Advertising, etc.) 600 TOTAL 746,147 ESTIMATED PROJECT BUDGET BALANCE Odem 7 Morgan Farm Area G TT Sinton Rancho Chico Del Sol -Loma Linda Nueces BeY Taft Doyle Portland riot �ironita Tierra Grande • CITY-WIDE PROJECT Chapman Ranch Tradewinds Gregory Corer Faiman-County Acres Aransas Pa ; , Ingleside Ingleside on the Bay sem. u$tang Island Slate -i' LOCATION MAP NOT TO SCALE Project Number: E16428 Lifecycle Curb & Gutter Replacement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES IMr C Lifecycle Curb and Gutter Corpus Chr sti Engineering Council Presentation July 25, 2017 Project Location c. Corpus Chr sti Engineering Lifecycle Curb & Gutter Re•lacement 2 Project Scope �hrsti Engineering The project provides for: • New concrete curb & gutter • Improved driveways and ADA ramps, adjacent to curb & gutter Project Schedule �hrsti Engineering 2017 2018 M I A J J Bid/Award A S 0 I N D J F M A J J I. Construction Program Estimate: 365 days CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E16428 Lifecycle Curb & Gutter Replacement 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 Engineering & Construction Management Services, LLC., a limited liability corporation, 5001 Oakmont, Corpus Christi, Nueces County, Texas 78713, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 7 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 10 EXHIBITS Page 1 Rev. 04/17 K ENGINEERING DATAEXCHANGEVINGIEMSTORM WATER4E16428 LIFECYCLE CURB AND GUTTER REPLIECMS LARGE \2017 0405 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE 1— SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit F. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A- 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Page 2 Rev. 04/17 KENGINEERING DATAEXCHANGE.ANGIEMISTORM WATER5E16428 LIFECYCLE CURB AND GUTTER REPLECMS LARGE12017 0405 CONTRACT PROFESSIONAL SERVICES,DOC 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II — QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $95,040. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule,as-shown-in-Exhibit-B-1-, with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Page 3 Rev. 04, ".7 KIENGINEERING DATAEXCHANGEVWGIEMISTORM W .TER1E16428 LIFECYCLE CURB AND GUTTER REPLtiECMS LARGE':I017 0405 CONTRACT PROFESSIONAL SERVICES DOC 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE 1V -- TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 1 years beginning on the Effective Date. The Agreement may be renewed for up to 2 one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. Page4 Rev. 44+17 K kENGINEERING DATAEXCHANGE'ANGIEMISTORM WATER5E16420 LIFECYCLE CURB AND GUTTER REPLIECMS LARGE12017 0405 CONTRACT PROFESSIONAL SERVICES OC [ 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("lndemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Page 5 Rev. 04/17 ICIENGINEERING DATAEXCHANGEWNGIEMISTORM WATER1E164213 LIFECYCLE CURB AND GUTTER REPLIECMS LARGE12017 0405 CONTRACT PROFESSIONAL SERVICES DOC Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Page 6 Rev 04/17 KIENGINEERING DATAEXCHANGEWNGIEMSSTORM WATER1E1642B LIFECYCLE CURB AND GUTTER REPUECMS LARGEL2017 0405 CONTRACT PROFESSIONAL SERVICES DOC 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. Page 7 Rev. 04117 MENGINEERING DATAEXCHANGE ANGIEM'LSTORM WATER5E1642B LIFECYCLE CURB AND GUTTER REPLIECMS LARGE12017 0405 CONTRACT PROFESSIONAL SERVICES DOC 10.2 When the City incurs non -value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. Page 8 Rev 04/17 KIENGINEERING UATAEXCHANGEUWGIEMMSTORM WATER1E16428 LIFECYCLE CURB AND GUTTER REPLIECMS LARGE12.217 0405 CONTRACT PROFESSIONAL SERVICES DOC 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no Tess than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential Toss or damage of any nature arising at any time or from any cause whatsoever, 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 9 Rev 04/17 K\ENGINEERING DATAEXCHANGE ANGIEMISTORM WATERlE16426 LIFECYCLE CURB AND GUTTER REPLIECMS LARGE12017 0405 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, attached as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https:llwww.ethics.state.tx.uslwhatsnewlelf info%rm1295.htm. The form must then be printed, signed, Page 10 Rev. 04117 KAENGINEERING RATAEXCHANGEIANGIEMISTORM WATERIE16428 LIFECYCLE CURB AND GUTTER REPLIECMS LARGEIZA 7 0405 CONTRACT PROFESSIONAL SERVICES DOC notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I -XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES, LLC. Jeff H. Edmonds, P. E. Date Felix H. Ocanas, Jr., P.E. Director of Engineering Services President 5001 Oakmont Corpus Christi, TX 78413 (361) 549-4576 Office APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Date Project No. E16428 Accounting Unit: 3495-043 Account: 550950 Activity: E16428013495EXP Account Category: 50950 Fund Name: Storm Water 2012B Rev Bonds Encumbrance No. Page 11 Rev. 04/17 KAENGINEERING DATAEXCHANGEtANGIEMISTORM WATERIE16428 LIFECYCLE CURB AND GUTTER REPLIECMS LARGE12017 0405 CONTRACT PROFESSIONAL SERVICES. DOC EXHIBIT A SCOPE OF SERVICES {Insert Proposal & Scope of Services from A/E} Contract for Professional Services Exhibit A EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS LIFECYCLE CURB & GUTTER REPLACEMENT Project Number E16428 I. SCOPE OF SERVICES A. Basic Services. sliest. 2. Construction Phase. The AIE will perform contract administration to include the following: a. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image -viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks. L EXHIBIT "A" Page 1 of 5 Revised April 2010 KtEngineering DalacxdrangeWNGIEM4STGRM WATER1E16428 LIFECYCLE CURB AND GUTTER REPLhECMS largel2 EXHIBIT A LARGE Lifecycle doe i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following= 1. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of NE 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. EXHIBIT "A" Page 2 of 5 Revised April 2010 K Enpineennp DelaExxchanpe ANGIEMtSTORM WATER1E16428 LIFECYCLE CURB AND GUTTER REPL4ECMS large12 EXHIBIT A LARGE Liieeyeie.doc C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and NE of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City, 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and NE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 2. Start-up Services. Provide on-site services and verification for all start-up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. EXHIBIT "A" Page 3 of 5 Revised April 2010 K1Enpineennp DataExchanpe4ANGIEMISTGRM WATER1E16426 LIFECYCLE CURB AND GUTTER REPLIECMS larpe12 EXHIBIT A LARGE Lifecyclo doc 3 Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 4 Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". 2. SCHEDULE Day Date Activity Thursday June 15, 2017 Contract Award/NTP Monday June 26, 2017 Begin Construction Thursday June 26, 2017 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4. A/E will submit monthly statements for basic services rendered. In Section LA.1-3, the statement will be based upon AIE's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section 1.A.4. the statement will be based upon the percent of completion of the construction contract City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services,' the City will pay the A/E a not -to -exceed fee as per the table below: Summary of Fees Basic Services Fees N/A 2. Design Phaco N/A 3. Bid Phaso N/A 4. Construction Phase (See Construction Observation) Subtotal Basic Services Fees NA Additional Services Fees (Allowance) EXHIBIT "A" Page 4 of 5 Revised April 2010 IC IEngineanng DeteExchange'ANGIEM\STORM WATER1E16426 LIFECYCLE CURB AND GUTTER REPLLECMS arget2 EXHIBIT A LARGE Lifecycle doc EXHIBIT "A" Page 5 of 5 Revised April 2010 KIEngineernn0 DalaExchang&ANGIEMISTORM WATERIE16428 LIFECYCLE CURB AND GUTTER REPLIECMS large12 EXHIBIT A LARGE Lifecyde.doc NIA N/A "-_ N/A - -- -- _ - - - - N/A 5. Construction Observation Services(12x22x4x$90) $95,040 6. Start up Sorvicoc N/A 7. Warranty Phase Included in 5 Above Sub-Total Additional Services Fees Authorized $95,040 Total Authorized Fee $95,040 EXHIBIT "A" Page 5 of 5 Revised April 2010 KIEngineernn0 DalaExchang&ANGIEMISTORM WATERIE16428 LIFECYCLE CURB AND GUTTER REPLIECMS large12 EXHIBIT A LARGE Lifecyde.doc EXHIBIT A-1 TASK LIST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A.") Contract for Professional services Exhibit A-1 EXHIBIT "A-1" TASK LIST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A.") CITY OF CORPUS CHRISTI, TEXAS LIFECYCLE CURB & GUTTER REPLACEMENT (Project No. E16428) Basic Services (See Exhibit "A") Additional Services: CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare monthly reports and submit to City staff as required.. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meetings. 2) Assist the City in conducting the public information meetings. 3) Assist the City with follow-up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one-year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT "A-1" Page 1 of 1 Revised April 2010 K.tEngineerinp DataExtangelANGIEMISTORM WATER4E16428 LIFECYCLE CURB AND GUTTER REPLSECMS Ierpe.3 EXHIBIT A 1 TASK LIST LARGE AE tifecyce doc 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 31,000 50 50 31,000 $0 51,000 51,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 51,000 51,250 58,250 5750 $1,500 32,500 30% 52,000 $0 $0 32,000 $500 50 $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°% 52,000 51,120 51,627 54,747 $500 50 $500 11% 56,000 51,000 $1,250 58,250 5750 $1,500 52,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% 58,000 $2,120 52,877 512,997 51,250 51,500 $3,000 23% Contract for Professional Services Exhibit 8 EXHIBIT C Insurance Requirements Contract for Professional Services Exhibit C EXHIBIT C Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided EXHIBIT "C" Page 1 of 2 below within 10 business days of said change. Consultant shall pay any costs 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 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT "C" Page 2 of 2 EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit D ���■ CITY OF CORPUS CHRISTI --= DISCLOSURE OF INTEREST City of Corpus Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Engineering & Construction Management Services, LLC. P. O. BOX: STREET ADDRESS: 5001 Oakmont CITY: Corpus Christi ZIP: 78413 FIRM IS: 1. Corporation 2. Partnership 4. Association 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°•o or more of the ownership in the above named "firm." Name Committee Board, Commission or 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 30 o or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that alI 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: Felix H. Ocanas, Jr., P.E. Title: (Type or Prinl) Signature of Certifying Person: DEFINITIONS President Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Services Exhibit F Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1— Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 — Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 11 Article 7 — Contractor's Responsibilities 11 Article 8 — Other Work at the Site 11 Article 9 — Owner's and OPT's Responsibilities 11 Article 10 — OAR's and Designer's Status During Construction 12 Article 11 — Amending the Contract Documents; Changes in the Work 14 Article 12 —Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 —Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions -1 EXHIBIT "F" Page 1 of 14 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date — The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions - 2 EXHIBIT "F" Page 2 of 14 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 EXHIBIT "F" Page 3 of 14 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions - 4 EXHIBIT "F" Page 4 of 14 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Rearesentative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 EXHIBIT "F" Page 5 of 14 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The paint where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 EXHIBIT "F" Page 6 of 14 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 EXHIBIT "F" Page 7 of 14 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 EXHIBIT "F" Page 8 of 14 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions 9 EXHIBIT "F" Page 9 of 14 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions -10 EXHIBIT "F" Page 10 of 14 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions -11 EXHIBIT "F" Page 11 of 14 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions -12 EXHIBIT "F" Page 12 of 14 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions - 13 EXHIBIT "F" Page 13 of 14 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions - 14 EXHIBIT "F" Page 14 of 14 March 29, 2017 Jeff Edmonds, P.E. Director of Capital Programs City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469-9277 SUBJECT: Bid Analysis REF: Lifecycle Curb & Gutter Replacement Project No. E16428 Dear Mr. Edmonds, ECMS ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES 5001 OAKMONT DRIVE CORPUS CHRISTI, TX 78413 361 98611202 OFFICE 361 54914576 MOBILE 361 90612477 FAX Enclosed are five (5) Bid Proposals received for the above referenced project, Enclosure A. As required by Front End Documents, division 00 45 16, Statement of Experience, the documentation and other pertinent information with regard to the general contractors is enclosed at Enclosure B for the low bidder and the second low bidder. The third bidder did not submit this data, although they were all requested to do so. Following are the total bid amounts as submitted by the contractors after a minor extension error was corrected (see comments on second page of this letter): A. A. Ortiz Construction & Paving, Inc. $536,850.00 B. Gourley Contracting $613,118.00 C. J.E. Construction Services $633,727.00 The Engineer's Estimate is $599,970. Ortiz Construction and Paving was the low bidder after the low bidder, Epic Energy Services, LLC, ($483,300.00) was disqualified due to failure to sign the bid documents, as determined by the Legal Department. Mako Contracting, LLC was also disqualified for the same reason, failure to sign the bid documents ($626,400). All bids, except the bid from Epic Energy Services, LLC, were very competitive. The differences between the Engineer's estimate and the low bid is $63,120 or 10.5 % below the Engineer's estimate. The Bid Tabulation on Excel format is at Enclosure C. Following is a correction to an extension error by Gourley Contracting. Item No. Est Q Unit Price Extended Amt. Corrected Ext. Amt. Al 1 $4410 $4,470 $4,410 Lifecycle Curb & Gutter Replacement -Project No. E16428 Pagel of 2 ECMS@STX.RR.COM Following are notes resulting from review of the Contractor's Statement of Experience submitted by A. Ortiz Construction and Paving Co. • The Contractor intends to use Raul Ortiz as the project manager and Ralph Perez as the Superintendent. The alternate Superintendent will be Luis Ortiz. They have been doing this kind of work on City and other projects for several years and have proven to be experienced and reliable leaders with the proper education and experience. Ralph Perez was the superintendent for the previous curb & gutter contracts and performed in a satisfactory manner. • Regarding the list of completed projects, A. Ortiz has successfully completed several projects for the City, including several Curb & Gutter projects over the years, on time, as shown on the Statement of Experience. ECMS LLC was the construction manager on these previous curb & gutter projects. Their performance was rated 9, with10 being the highest rating, for all previous contracts. Following note is from review of the Contractor's Statement of Experience submitted by Gourley Contracting, second low bidder. • Gourley Contracting also meets the criteria for award as the second low bidder, and details will be provided if necessary. Based on the above documents and analysis, I recommend award to A. Ortiz Construction and Paving in the amount of $536,850. It is further recommended that the minor error in Gourley's proposal, described above, be waived since the error did not involve bid prices. Sincerely yours. 614 Fe ix H. Ocanas, Jr., P.E. President, ECMS, LLC License No 33006 TX; Firm Reg. No. F-3899 TX Lifecycle Curb & Gutter Replacement -Project No. E16428 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-124411 Date Filed: 10/14/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. ECMS, LLC Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 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. E16428 Professional Engineering Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Felix, Ocanas, H. Jr. Corpus Christi, TX United States X X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT ; --- 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Apye•.. MARY ANN MARSHEL ► e c: ID# 715866-6 ► 4 -.....41.0.- Notary Public f 10‘ STATE OF TEXAS t < v e s•.,....... aComm. Exp' 11-10-2019 4 .....My — — Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE OC U . CA41. S m this the 1 1 day of ��L to and subscribed before me, by the said 1---6.-.4..._,;,/,, O A41.4.5 Sworn1.---) 20 . % , to certify which, witness my hand and seal of office. 1 i kt 5 s ,h1 Q. W, , kale4 i Signature o icer administering oath Printed name of offic administering oath Title o o icer admini ring oath j Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-228213 Date Filed: 06/23/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. A. Ortiz Construction & Paving Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16428 Curb and Gutter Replacement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Ortiz, Raul Corpus Christi, TX United States X Ortiz, Adriana Corpus Christi, TX United States X 5 Check 6 AFFIDAVIT AFFIX 20 % only if there is NO Interested Party. ❑ I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. "T'P`AMANDA S NiCBRUUN1 Notary Public, State of Texas My Commission Expires •: July17,2018 Signature of authorize a ent of contracting business entity �-j./ , ISworn t l !, , this the L.J T� day of M f NOTARY STAMP / SEAL ABOVE �y '' I lit and subscribed before me, by the said R l JUJ ' , to certify which, witness my hand and seal of office. G. X1106 Y 0 0 YY'I t ThlY P tub\ l u (:),m(vvict '\.'i M. ocry\avvia Signature of officer admi is ing oath Printed name of officer administering oath Title of officdministering oath Cnrmc nrnviriari hi Tavac Fthirc Cnmmiccinn uwititi Athirc state _tX_11S Version V1.0.882 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: TO: July 17, 2017 Margie C. Rose, City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 Andres Leal, Jr., P. E., Director of Street Operations andyl@cctexas.com (361) 826-1957 Resolution for executing the Regional Transportation Authority (RTA) "Notification for Additional Funding in 2017" Street Preventative Maintenance Program (SPMP) CAPTION: Resolution authorizing the City Manager or designee to execute the "Notification for Additional Funding in 2017 (Street Maintenance Program)" in an amount of $2,716,127.00 accepting the Corpus Christi Regional Transportation Authority's fiscal year 2017 allocation to the City's Street Preventative Maintenance Program (SPMP) projects. PURPOSE: The purpose of this item is to receive authorization to execute the "Notification for Additional Funding in 2017 (Street Maintenance Program)" from the Regional Transportation Authority (RTA). BACKGROUND AND FINDINGS: The City and RTA entered into a revised Interlocal Agreement in 2013 (attached). The RTA allocates a percentage of its sales tax receipts for funding the Street Preventative Maintenance Program based upon an allocation formula developed by the RTA. Actual funding for each fiscal year is based on the amount budgeted for the adopted fiscal year. The RTA has contributed the following amounts over the previous four years to the City for street preventative maintenance: 2013 (new Interlocal Agreement) $2,281,891 2014 Contribution Letter 2,547,728 2015 Contribution Letter 2,658,487 2016 Contribution Letter 2,814,839 RTA has provided the City with the "Notification for Additional Funding in 2017 (Street Maintenance Program)" notifying of their contribution amount of $2,716,127 for the City's Fiscal Year 2018. (Funds from RTA's 2016 Fiscal Year Contribution were received during the City's 2017 Fiscal Year.) ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Resolution complies with City's financial policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Financial Services, Street Operations FINANCIAL IMPACT: Operating X Revenue Capital ❑ Not applicable Fiscal Years 2017 - 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/Expended Amount This item $2,716,127.00 $2,716,127.00 BALANCE 0 $2,716,127.00 $2,716,127.00 Fund(s): Street Maintenance Fund Comments: This is funding from RTA for the City's Fiscal Year 2018. RECOMMENDATION: City Council authorization to execute the "Notification for Additional Funding 2017 (Street Maintenance Program)". LIST OF SUPPORTING DOCUMENTS: Resolution with Notification for Additional Funding 2017 (Street Maintenance Program) 2013 Interlocal Agreement between City and RTA Resolution authorizing the City Manager or designee to execute the "Notification for Additional Funding in 2017 (Street Maintenance Program)" in an amount of $2,716,127.00 accepting the Corpus Christi Regional Transportation Authority's fiscal year 2017 allocation to the City's Street Preventative Maintenance Program (SPMP) projects. Whereas, the Corpus Christi Regional Transportation Authority ("RTA") and the City of Corpus Christi ("City") entered into a revised Interlocal Agreement ("the Agreement"), approved by City Council on May 28, 2013; Whereas, the intent of the 2013 revision was to provide for RTA to increase its funding for street improvement projects; Whereas, as revised, the Agreement provides for RTA to allocate a percentage of its sales tax receipts based upon an allocation formula developed by the RTA; Whereas, the Agreement further provides that RTA's actual funding for each fiscal year is to be based on the budgeted amount for the Street Improvement Program adopted for the fiscal year; Whereas, Section 2 of the Agreement provides as follows: 2. The RTA is allocating a percentage of its sales tax receipts for funding the new Program, said amount to be allocated among all participating governmental units based upon an allocation formula developed by the RTA. The RTA's actual funding for the Program for each fiscal year shall be based on the amount budgeted for the Street Improvement Program adopted for the fiscal year. The projected funding for fiscal year 2013 under this Agreement is $2,281,891.00. Whereas, the RTA has contributed the following amounts over the previous four years to the City for street preventative maintenance: FY 2013 FY 2014 FY 2015 FY 2016 $ 2,281,891.00 2,547,728.00 2,658,487.00 2,814,839.00 Whereas, RTA has provided the City with the attached "Notification for Additional Funding in 2017 (Street Maintenance Program)" to be executed for the sole purpose of acknowledging this additional funding in the amount of $2,716,127.00 for its fiscal year 2017. 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 the "Notification for Additional Funding in 2017 (Street Maintenance Program)", attached as Exhibit A, in the amount of $2,716,127.00 accepting the Corpus Christi Regional Transportation Authority's fiscal year 2017 allocation to the City's Street Preventative Maintenance Program and any other documents necessary to accept additional funding. ATTEST CITY OF CORPUS CHRISTI 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 Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Scott Carolyn Vaughn EXHIBIT A NOTIFICATION FOR ADDITIONAL FUNDING IN 2017 (Street Maintenance Program) The Regional Transportation Authority in Corpus Christi, Texas ("RTA"), a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code, and the City of Corpus Christi. Texas ("City"), a municipal corporation. entered into a revised Interlocal Agreement (the `'Agreement") in 2013 providing funding by the RTA to the City for a Street Maintenance Program. The RTA has allocated the amount of $2.716.127.00 for its fiscal year 2017 under the Agreement. Such funds shall be paid to the City for projects in the manner provided under the Agreement. As provided in the Agreement. the City has agreed to submit its proposed list of street improvement projects for fiscal year 2017 funding and file a report with the RTA within 90 days following the end of each year on the expenditure of the funds paid to the City during the previous fiscal year. The RTA additionally has adopted a policy to encourage contracting with disadvantaged business enterprises (DBEs) in all procurements and has adopted a goal of 13°o participation for the current year. The City is encouraged to provide contracting opportunities for DBEs in connection with the use of these funds and include the level of DBE participation in the final report. This Amendment is made for the sole purpose of acknol4ledging the funding for 2017. All terms and conditions of the Agreement shall continue in full force and effect and are ratified and confirmed. EXECUTED IN DUPLICATE ORIGINALS this day of July, 2017. REGIONAL TRANSPORTATION AUTI-IOR1TY B):ds4 fo Jorge Cruz-Aedo. CEO ACCEPTED: CITY OF CORPUS CHRISTI. TEXAS By: Margie Rose, City Manager Date: . 2017. 1 .2788 RTA 6 Intl acaf 17 1ransi und-Nolicc-LC docs RTA INTERLOCAL AGREEMENT (Street Maintenance Program) This Interlocal Agreement is made between Regional Transportation Authority in Corpus Christi, Texas ("RTA"), a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code, and the City of Corpus Christi, Texas, ("City"), a municipal corporation. WHEREAS, the RTA has provided a Street improvement Program (the "Street Improvement Program" or the "Program") since the RTA's creation in 1985, to provide financial assistance for street projects to local govenunental entities; and WHEREAS, the RTA desires to increase funding based upon sales tax revenues and provide for a more efficient process in funding street projects; NOW, THEREFORE, BE IT AGREED BY THE REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI, TEXAS: 1. Proposals Under Program. No later than February 1 of each year during the term of this Agreement, the City shall submit a request specifying the street maintenance projects (the "Projects") which are eligible for consideration for funding under the Program. RTA shall review the proposals submitted by alt governmental entities in the RTA's service area and develop a list of priorities of the Projects based on the transportation needs of the RTA and the transportation needs of the City. The RTA staff and the staff of the City shall work diligently to develop a final list of Projects to be funded under this Program. To the extent feasible, the City shall coordinate with overlapping jurisdictions any Projects which will maximize the impact of RTA's Program. 2. Funding. The RTA is allocating a percentage of its sales tax receipts for funding the new Program, said amount to be allocated among all participating governmental units based upon an allocation formula developed by the RTA. The RTA's actual funding for the Program for each fiscal year shall be based on the amount budgeted for the Street Improvement Program adopted for the fiscal year. The projected funding for fiscal year 2013 under this Agreement is $2,281,891.00. 3. Eligible Street Projects. The Projects eligible for funding shall include any street projects permitted under Chapter 451 of the Texas Transportation Code. The City may seek for inclusion as an eligible Project, Projects which would be wholly -funded by the RTA and Projects which may be partially -funded by RTA. The parties agree that the City intends to use the funds for overlays and sealcoat projects which would alter the construction of roadways utilized by the RTA as authorized under Chapter 451. Any Projects involving the construction of bus pads or ADA accessibility improvements shall be funded separately either by the RTA or the City acting independently or based on their mutual agreement. 4. Completion of Projects. Upon approval of the Projects by the RTA, the RTA shall provide funding by remitting payment directly to City as and when the expenses are incurred, subject to the maximum funding authorized under this Agreement. The City agrees to diligently proceed with the completion of the approved Projects upon the receipt of funding. Upon the 2013-180 5/28/13 Res. 029847 INDEXED completion of the Projects, the City shall invoice the RTA for the amounts payable under this Agreement showing the actual expenditures made by the City in connection with the Projects and the amount payable by the RTA. The RTA shall make payment within thirty (30) days of the receipt of the invoice subject to the requirements of this Agreement. 5. Signage. All Projects funded by the RTA will be identified as an RTA -funded Project through construction signs or other signage located at the site of the Project. Such signs shall be provided by the RTA and maintained by the City on the construction sites throughout the project, but at least a minimum of seven (7) days in the event the project takes less than seven (7) days to complete. 6. Reporting. Within ninety (90) days following the end of each year of this Agreement, the City shall report to the RTA on any Projects that have not been completed by the time the report is made and indicate the status of the Projects and the estimated time of completion. The report shall be supplemented by the City upon completion of the Project by the submission of the invoice showing the actual amount of expenditures made and amount payable by the RTA. 7. Term and Renewal. This Agreement shall be for an initial term of one year. This agreement is subject to automatic renewal unless terminated as provided herein. Notice of termination shall be given upon 90 days advance written notice. Any such notice of termination shall be given to each of the parties to this Agreement in accordance with the notice provisions provided below. 8. Additional Projects. Nothing in this Agreement shall prevent the RTA and the City from entering into other agreements for the completion of street projects or other transportation -related projects of mutual interest outside the terms of this Agreement or entering into multi-year programs for major projects. 9. Payments. Any payment made by the RTA for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the RTA as required by the Inter- local Cooperation Act. All funding obligations of the RTA and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. 10. Federal Provisions. The City agrees to include such provisions in its construction documents as reasonably required by the RTA in order to meet the requirements of the federal government for providing federal transit assistance. The City agrees to comply with Title VI of the Civil Rights Act in its determination of projects funded under this Agreement. The RTA shall review all projects to ensure compliance with Title VI of the Civil Rights Act. 11. Severability Clause. If any portion of this Agreement or the application thereof to any person or circumstance. shall be held to be invalid or unconstitutional by any . court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. 12. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, return receipt requested. -2 RTA: CEO Regional Transportation Authority 5658 Bear Lane Corpus Christi, Texas 78405 CITY: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: City Manager 13. Performance. This Agreement shall be performed in Nueces County, Texas, and shall be interpreted according to the laws of the State of Texas. 14. Enikulgraingt This Agreement represents the entire agreement between the parties and may not be modified by any oral amts or understandings. Any amendments must be made in writing and signed by all parties. 15. hisignnigni. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. 16. intotiosdraminatuAl. This Agreement is subject to the terms and provisions of the Texas Inter -local Cooperation Act, codified as Chapter 791 of the Texas Local Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act, 17. Repliumment Qf 2001 Agreerpen. This Interlacal Agreement for street improvement funds between the RTA and the City shall replace the 2001 Interlocal Agreement for street improvement fiords between the RTA and the City in its entirety. The funding in this Interlocal Agreement includes the funding provided in that original Agreement between the City and the RTA dated as of November 26,1985. Executed thisC t day of Z &r,e , 2013. CORPUS CHRISTI REGIONAL CITY OF CORPUS CHRISTI TRANSPORTATION AUTHORITY By: Scott Neeley, CEO J Ronald L. O1on, tity Manager By: :711' --� eillitiCIL vq2-(4V) • ° SECIVAINT c+noamne4 end setdnpslryannrc%Lotar Seninannmpnuy moon FikdOontent.oudooi<l7(CNPApauf113 Th iFund AgnuCt - ev (4).dxx - 3 - ArrEst AR Q IPA CITY SEa ETAr ' AGENDA MEMORANDUM Future Item for the City Council Meeting of July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: July 25, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd@cctexas.com (361) 826-1909 Mike Markle, Police Chief MikeMa@cctexas.com (361) 826-2601 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Purchase Four Chevrolet Spark Vehicles for the Police Department CAPTION: Motion approving the purchase of four Chevrolet Spark vehicles from Caldwell Country Chevrolet, from Caldwell, Texas, based on a cooperative purchasing agreement with Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $65,458.60. Funds are budgeted in FY2016-2017. PURPOSE: This item is to approve the purchase of four Chevrolet Spark vehicles to be used by the Police Department parking control personnel. BACKGROUND AND FINDINGS: All four vehicles will be replacements for the gas powered Mules utilized by parking control personnel. The vehicles are used in the downtown, uptown area, as well as, on North Beach. North Beach is now being included since the recent agreement with the Aquarium returned the meters on North Beach to the City. The funds being used are from Red Light Camera program. Guidelines for the use of these funds allows the City to utilize the revenue to fund traffic safety programs, including pedestrian safety programs, public safety programs, intersection improvements, and traffic enforcement. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fleet Maintenance Services and Police Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $65,494.60 $0.00 $65,494.60 Encumbered / Expended Amount $0.00 $0.00 This item $65,458.60 $0.00 $65,458.60 BALANCE $36.00 $0.00 $36.00 Fund(s): Redlight Photo 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 DESCRIPTION 1. 2. 2018 Chevrolet Spark BuyBoard Fee QTY. 4 1 UNIT EA EA PRICE SHEET CHEVROLET SPARK TLGPC BUYBOARD: 521-16 Caldwell Country Chevrolet Caldwell, Texas UNIT PRICE $16,264.65 $400.00 EXTENDED PRICE $65,058.60 $400.00 $65,458.60 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: July 25, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance jimd@cctexas.com (361) 826-1909 Dan Grimsbo, Executive Director Utilities DanG@cctexas.com 361-826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Purchase of One Freightliner Flatbed Crew Truck and One Freightliner 5 -Yard Dump Truck for the Utilities Wastewater Department CAPTION: Motion authorizing the City Manager, or designee, to purchase one Freightliner flatbed crew truck and one Freightliner 5 -yard dump truck from Houston Freightliner, Inc., of Houston, Texas, based on the cooperative purchasing agreement with Houston - Galveston Area Council, for a total amount not to exceed $219,914. Funds are budgeted in FY2016-2017. PURPOSE: This item is to approve the purchase one Freightliner flatbed crew truck and one Freightliner 5 -yard dump truck for the Utilities Wastewater Department. BACKGROUND AND FINDINGS: The flatbed crew truck and 5 -yard dump truck are replacements for the same type of vehicle. The vehicles are nine years old and the 18 years old respectively, and both are past their service lives. The units will be used by the Collection System Division of the Wastewater Department. These vehicles are critical in maintaining and keeping the City's Wastewater collection system operational. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Fleet Maintenance Services and Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $318,350 $0.00 $318,350 Encumbered / Expended Amount $40,121 $0.00 $40,121 This item $219,914 $0.00 $219,914 BALANCE $58,315 $0.00 $58,315 Fund(s): Wastewater 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 DESCRIPTION QTY. 1. 2. 3. 2018 Freightliner Flatbed Crew Truck 2018 Freightliner 5 YD Dump Truck H -GAC Processing Fee Purchase Cost: 1 1 2 UNIT EA EA EA PRICE SHEET FLATBED CREW TRUCK 5 YD DUMP TRUCK H -GAC HT06-16 Houston Freightliner, Inc. Houston Texas UNIT PRICE EXTENDED PRICE $121,505.00 $96,409.00 $1,000.00 $121,505.00 $96,409.00 $2,000.00 $219,914.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: July 25, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services, Purchasing Kim B2@cctexas.com (361) 826-3169 Pump and Motor Repairs for Water Utilities Department CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with Smith Pump Company, Inc., of Woodway, Texas for pump and motor repairs in response to Request for Bid (RFB) No. 1048 based on the lowest, responsive, responsible bid for a total amount not to exceed $301,230, with an estimated expenditure of $50,205 in FY2016-2017 funded by the Water Department Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: This service will provide the repairs necessary to ensure the pumps and motors at the O.N. Stevens Water Treatment Plant and in the City's distribution system are in good working order. BACKGROUND AND FINDINGS: Large volume pumps and motors are used at the O.N. Stevens Water Treatment Plant to move raw water and treated water through the City's potable water system. Ensuring this equipment is properly serviced and repaired, when necessary, is essential to the proper operation of the Plant and to providing the city with a clean, safe and dependable potable water supply. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received three responsive, responsible bids, one no bid and one nonresponsive bid out of 83 notifications issued. Staff is recommending the award to the lowest, responsive, responsible bidder, Smith Pump Company, Inc. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities Department - Water FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $329,416.20 $251,025.00 $580,441.20 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $50,205.00 $251,025.00 $301,230.00 BALANCE $279,211.20 $0.00 $279,211.20 Fund(s): Water Comments: The initial contract term total is $301,230.00, of which $50,205.00 is funded in FY2016-17. The total estimated contract value will be $903,690 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation PURCHASING DIVISION CITY OF CORPUS CHRISTI BID TABULATION BID INVITATION NO: 1048 BUYER: Lydia Juarez Pump and Motor Repairs for Utilities Date: 05/15/17 Houma Armature Smith Pump Weisinger Incorporated "*Bradley's Ferguson Houston, TX Woodway, TX Conroe, TX Gregory, TX Corpus Christi, TX UNIT TOTAL UNIT TOTAL UNIT TOTAL ITEM DESCRIPTION QTY PRICE PRICE PRICE PRICE PRICE PRICE NO BID 15% markup 20% markup 18% markup 1 Parts/Materials Markup 87,000.00 $100,050.00 $104,400.00 $106,097.56 2 Shipping Allowance for 50,000.00 50,000.00 50,000.00 50,000.00 Parts/Materials 3 Shop Mechanic (ST) 690 HRS 87.00 60,030.00 76.00 52,440.00 107.00 73,830.00 4 Shop Mechanic (OT) 80 HRS 130.50 10,440.00 114.00 9,120.00 145.00 11,600.00 5 Field Service (ST) 480 HRS 95.00 45,600.00 80.00 38,400.00 165.00 79,200.00 6 Field Service (OT) 100 HRS 142.50 14,250.00 120.00 13,200.00 225.00 22,500.00 7 Engineer, Shop (ST) 280 HRS 110.00 30,800.00 91.00 25,480.00 97.00 27,160.00 8 Engineer, Shop (OT) 10 HRS 165.00 1,650.00 136.50 1,365.00 145.00 1,450.00 9 Engineer, Field (ST) 60 HRS 110.00 6,600.00 91.00 5,460.00 120.00 7,200.00 10 Engineer, Field (OT) 10 HRS 165.00 1,650.00 136.50 1,365.00 170.00 1,700.00 TOTAL $321,070.00 $301,230.00 $380,737.56 ** Nonresponsive No Bid **Supplier failed to provide pricing per the pricing instructions CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1.4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Smith Pump Company, Inc. Waco, TX United States Certificate Number: 2017-215218 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 05/30/2017 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. RFB No. 1048 Pump and Motor Repair for Utilites Water Department 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Cox, Jay San Antonio, TX United States X Smith, Granger Waco, TX United States X Brown, Trent Waco, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT { { o�;Y P±,4 LEIGH S. CLARK 0, i _ice , Notary Public •' ' 'o STATE OF TEXAS or- My Comm. Exp. 07.23.2019 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ) LA...--..„- i`'�{ AFFIX Sworn Signature o onzed agent of contracting business entity NOTARY STAMP / SEAL ABOVE �% to and subscribed before me, by the said 7f)7Y ' / �n this the �� day of / , !� 20, to certify which, witness my hand and seal of office. / car<Th e, SL Ar. 17/2:14-71 Si na _. of officer administeringoat Printed na f officer administering � n� oath Title of officer administering oath orms provided by Texas Ethics Commission www.ethics.state.tx. us Version V1.0.883 SERVICE AGREEMENT NO. 1048 Pump and Motor Repair for Utilities Water Department THIS Pump and Motor Repair for Utilities Water Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Smith Pump Company, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Pump and Motor Repair in response to Request for Bid/Proposal No. 1048 ("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 Pump and Motor Repairs ("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 twelve 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 twelve-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 $301,230.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche Garza Department: Utiliities Phone: (361) 826-1827 Email: DianaGcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Diana Zertuche Garza Title: Contracts/Funds Administrator Address: 1301 Leopard Street, Corpus Christi, Texas 78410 Fax: (361)826-4488 IF TO CONTRACTOR: Smith Pump Company, Inc. Attn: Trent Brown Title: Manager, Project Manager Address: 301 M B Industrial, Woodway, Texas 76712 Fax: (254) 776-0023 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR Signature: Trent Brown ff63)w-- 2017.05.31 14:48:05 -0500' Printed Name: TRENT BROWN Title: Date: MANAGER OF PROJECT MANAGEMENT 5/31/2017 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. 1048 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 1.1 General Requirements/Background Information A. The Contractor shall provide pump and motor repairs, at all booster and raw water pump stations for The City of Corpus Christi Water Department (CCWD) O.N. Steven Water Treatment Plant. 1.2 Scope of work General: A. The Contractor's work performance will include but is not limited to, pre- removal field testing, open and inspection, pump and motor repair, re- manufacturing, and post repair field testing services on centrifugal, submersible, and vertical turbine pumps and motors, to include horizontal split case and vertical turbine designs from 125HP to 1500 HP in rating. B. The Contractor shall repair motor to Original Equipment Manufacturer (OEM) standards, in accordance with ANSI/EASA AR100-2010 recommended practices for the repair of rotating electrical apparatus. C. All materials and/or parts shall be OEM, or equivalent to or better standards/quality, than original. These parts must be part of the Contractors warranty period or greater if warranted by the manufacturer. If a part is replaced on the contractors or manufacturer's warranty, there will be no cost for labor or parts repair/labor. D. Repairs will include, but are not limited to, the following: 1. All repairs shall be in accordance with current pump and/or motor nameplate data and conditions, drawings, standards and/or OEM specification(s). 2. Alternative quotations for efficiency, other improvements, or for alternate fabrication methods require written pre -approval by the Contract Administrator. 3. Specialty shop services consists of the fabrication and machining of parts and assemblies, and other machine work associated with pump and motor repairs, such as motor parts and assemblies, brackets, mounts, supports, etc. RFB Template 10.10.16 4. On-site Field Support and Technical Services related to the removal, re -installation, alignment and troubleshooting of the various pumping systems. 5. General machine work and/or repair shall consist of, but is not limited to, balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding & fabrication, sand blasting, coating of pump/motor. 6. Typical repairs consist of, open and inspect, rebuilding or replacing damaged items, such as, however not limited to: • Problem diagnosis, to mean open, Teardown (Disassemble), Inspect and Report (TIR). Providing analyzation and a written estimate • Replace/repair wear ring clearance, if not repairable • Shaft sleeves • Impeller • Bearing(s) • Seals • Wearing rings • Shaft(s) • Gasket(s) • Housing repair or replacement • 0-ring(s) • Dynamic Balancing Testing, with written testing documentation • Varnish • Vacuum Pressure Impregnation (VPI) • Rewind stator • Packing • Packing stuffing box • Blast clean • Re -paint • Reassembly • Check tolerance(s) • Re -oil and/or grease • Testing 7. For each repair, the Contractor shall provide a price estimate, categorized by: • Time to repair, to include delay time for parts/materials. If there is a delay time the contractor must define the time and reason. • Any shipping costs for parts/materials. RFB Template 10.10.16 • Expediting costs for parts/materials, if requested and approved by the City Contractor Administrator. • Parts/components replacement and/or machine/fabrication needs. • Parts/material mark-up. • Hourly labor costs by classification of position, to include Straight Time (ST) and/or Overtime (OT). This must also define/separate hourly rates by shop and field work. • Shall submit the estimate report electronically in PDF format via email or maintain a database of these documents accessible to The Contract Administrator over the Internet. (Pricing estimates shall utilize the pricing in Contractor's price sheet for labor and materials.) 8. After repairs, the pump and/or motor unit shall be repainted to manufacture's recommendation and specifications, in a color approved by the Contract Administrator. If manufacturer specification/recommendations are not available, interior and exterior ferrous and cast iron parts shall be coated using an NSF 60 certified Fusion bonded Epoxy coating, 3M Scotchkote, TNEMEC Series 140 Pota Pox portable water epoxy, or similar product approved by the Contract Administrator. 9. Pump balancing, assembly, and application of coating for impeller shall be completed in accordance with name plate data/manufacturer recommendations. When manufacturer recommendations and/or specifications are not available the Contract Administrator will govern specifications. 10. Mechanical seals and stuffing boxes shall be repaired or fabricated to the original design with same type material and to original clearances unless otherwise pre -approved in writing by the Contract Administrator. 11. Contractor shall replace all miscellaneous broken and/or rusted hardware and chase the threads, such as nuts, bolts, and washers or other fastener materials, as well as shall determine the strength requirements of the fasteners, and verify that the new material is sufficiently strong and meets manufacturer's specifications, to include an adequate safety factor. All new hardware shall be part of the warranty. 12. Contractor shall repair bearing(s) and bearing housing to original concentric fit(s) and dimensions. If bearing housing re -casting is required, Contractor shall notify The Contract Administrator immediately. Anti -friction bearings will be replaced on all pumps and RFB Template 10.10.16 motors unless the Contract Administrator determines replacement is not required. Contractor shall also mark the bearing recommended lubrication level on the pump housing. 13. Contractor shall replace oil rings and seals with same type unless alternate design is pre -approved by the Contract Administrator. 14. For Babbitt bearings, the Contractor shall verify proper bonding of Babbitt to the backing material using ultrasonic thickness (UT) or other acceptable industry standard test. Test results to be provided to the Contract Administrator. Babbitt bearings shall be repaired or replaced with same type materials. Babbitt bearing repair using over spray or pooling will not be accepted. E. Name plate data: 1. Name plate with date shall be required if the Contractor modifies the pump, motor, or its components from their original configuration, the modification must be pre -approved by the Contract Administrator. If modification is approved, a new nameplate shall be supplied and affixed to the pump/motor, and a new pump curve shall be developed to accurately reflect the new hydraulic conditions. If the Name Plate is missing from a pump or motor the contractor shall replace with a new data plate. Name plates shall be made of corrosion resistant metal and have stamped or engraved lettering, and shall include the following information: • Equipment Station Name • Model and Serial Number • Manufacturer • GPM / Head • HP • Impeller Diameter • RPM • Date of Repair F. Hydraulic Pump Characteristics: 1. In the event that a pump's hydraulic characteristics are changed, The Contract Administrator, may request hydraulic / performance testing either at Contractor's facility or in-service at the Contract Administrator facility, to verify changed characteristics and satisfy documented performance RFB Template 10.10.16 specifications. When a performance test is required, the Contractor shall provide the following upon completion of the test: • Performance test results (electrical & hydraulic) • Repaired pump documentation including changes to pump curves, drawings, and/or operation and maintenance manuals. • Documentation specifying improvement or upgrade to pump or component(s) • Vibration Analysis Results. • Alignment Results. G. Dynamic Balancing: 1. The Contractor shall provide Dynamic Balancing. Unless other balancing criteria is specified by the Contract Administrator, the impellers and rotation elements to include motors, shall be dynamically balanced to an ANSI S-2.19 / ISO 1940 - 1986 Balance Quality grade G2.5 or better. 2. Balance reports shall include the initial data entered to determine tolerances for initial balance point, as well as the final "as assembled" tolerance. 3. If adding weight is approved by the Contract Administrator as a method for balancing rotating elements, balanced weight shall be placed out of the flow stream and tapered to minimize potential for damage or cavitation. H. For Pump Tear Down, Inspection, Report and Quote: 1. Contractor shall inspect and measure bearings, oil rings and housings. 2. If pump or motor shaft journals or thrust pads are found to be outside allowable tolerances, the Contractor shall immediately notify the Contract Administrator via telephone or email, so a repair decision can be made. 3. When directed by the Contract Administrator, on Vertical Turbine Pumps, the Contractor shall perform non-destructive (ultrasonic, magnetic -particle, liquid -penetrant, radiographic, or eddy -current) RFB Template 10.10.16 testing on the connection point between the top bowl and the flange attaching it to the pump column. 4. The Contractor shall complete a Teardown, Inspect and Report (TIR) to note any problems, special conditions, and/or unusual wear or corrosion. Furnish report with photos, inspection results, conclusions, and recommendations with TIR. 5. Contractor shall provide TIR for pump repairs within 5-10 business days, (no exception), after receipt of equipment. 6. An estimate for repair shall follow within 5 working days, (no exception), after that. (The Contractor's price sheet for labor, material and mark-up will be used for estimating price). 7. Repairs shall be completed within 10-15 working days after receipt of the following: • Release Order. • Note if parts/materials will be delayed and will delay the repair the City Contract Administrator shall approve any alternatives for repairs or repair completion dates. The priority is minimal delays. 8. Contractor shall provide projected completion and delivery dates with each repair estimate. I. Teardown, Inspect and Report (TIR) Work Scopes: Pumps 1. Contractor shall note any problems, special conditions, and/or unusual wear or corrosion during a TIR. Furnish report with photos, inspection results, conclusions, and recommendations. 2. Vertical Turbine Pumps (VTP): • Prior to disassembly measure and record bowl assembly length, column lengths, discharge head length, and other pertinent dimensions and produce an as Found general arrangement drawing of the pump. • Disassemble each component of the pump and the bowl and clean sufficiently to make accurate measurements of the dimensions described below. Take digital photos during the disassembly and inspection process. RFB Template 10.10.16 • On bowl assembly components, measure and record wear ring diameters and resulting clearances, bearing bore and shaft journal diameters and resulting clearances, impeller diameter, impeller bore and shaft diameter at bore, bowl shaft straightness, suction bell and bowl register diameters and clearances. Note problems, special conditions, and/or unusual wear or corrosion, determine if bowl casting registers should be six pad welded and re -machined. • On column and shafting components, measure and record bearing bore and shaft journal diameters and resulting clearances, shaft straightness, shaft to coupling fits, column flange register diameters and clearances, and discharge head register diameters and clearances. Note problems, special conditions, and/or unusual wear or corrosion. Determine if column flange or discharge head flange registers should be six pad welded and re -machined. 3. Horizontal Split Case Pumps (HSC): • Prior to disassembly measure and record critical dimensions and produce an as Found general arrangement drawing of the pump rotating element showing position of impeller, sleeves, seals, and bearings. If possible, measure and record wear ring clearances at 0°, 90°, and 180°. • Remove rotating element from case and inspect wetted surfaces of upper and lower casing halves. • Inspect stuffing box and mechanical seals and record observations. • Measure and record wear ring diameters and resulting clearances, bearing housing bores, sleeve diameters, and impeller diameter. Review case wear ring roundness in lower casing half, and it their free states. • Remove sleeves and impeller from shaft. Record impeller bore and shaft diameter at the impeller. Visually inspect key seats and keys, and report condition. • Check shaft for straightness. 4. Vertical Overhung Bearing Pumps (VOP): • Prior to disassembly measure and record critical dimensions and produce an as Found general arrangement drawing of the pump rotating element showing position of impeller, sleeve, and bearings. RFB Template 10.10.16 If possible, measure and record wear ring clearances at 0°, 90°, and 180°. • Remove rotating element from volute and inspect all wetted surfaces for pitting from corrosion or erosion. • Inspect stuffing box and record observations. • Measure and record wear ring diameters, clearances, and condition. Record bearing housing bores, sleeve diameters, and impeller diameters. • Remove impeller and sleeve from shaft. Record impeller bore and shaft diameter at the impeller. Visually inspect key -seats and keys, and report condition. • Check shaft for straightness. 5. Vertical Submersible Pumps (SUBM): • Prior to disassembly measure and record critical dimensions and produce an as Found general arrangement drawing of the pump rotating element showing position of impeller, sleeve, and bearings. • Remove rotating element from volute and inspect all wetted surfaces for pitting from corrosion or erosion. • Inspect seals and seal area and record observations. • Measure and record wear ring diameters, clearances, and condition. Record bearing housing bores, sleeve diameters, and impeller diameters. • Remove impeller and sleeve from shaft. Record impeller bore and shaft diameter at the impeller. Visually inspect key seats and keys, and report condition. • Check shaft/rotor for straightness. Motors 1. Vertical & Horizontal Motors: • Receive, unload, visually inspect, and document as received conditions including digital photos. RFB Template 10.10.16 • Perform no load run and test at full voltage, and record vibration and electrical data. • Perform offline motor test including surge, hi -pot, PI, megger, resistance, impedance, inductance, phase angle, current, voltage, frequency. • Disassemble motor complete. • Clean components as needed and perform incoming inspections and static testing. • Measure and record dimensions of bearing bores for proper diametrical clearance or interference fits. • Measure and record shaft journal and shaft seal dimensions. • Measure and record dimensions of bearings, bearing housings, and seals. • Measure and record rotor total indicated runout at coupling, bearing journals, and rotor end rings. • Visually inspect stator ties, wedges, coils, leads, lugs, and bracing system. • Visually inspect for loose or broken rotor bars. • Visually inspect end rings for signs of cracking. • Inspect and test stator temperature detectors and bearing temperature detectors if equipped. • Inspect and test space heaters. • Record results. Note any problems, special conditions, and/or unusual wear or corrosion. • Furnish report with photos, inspection results, conclusions, and recommendations within 10 working days of receiving the pump. J. Standard Repair Work Scopes Pumps 1. Vertical Turbine Pump (VTP): RFB Template 10.10.16 • Clean, polish, and straighten bowl shaft to 0.003" TIR or better at the top, middle, and bottom of shaft. Face line shaft end perpendicular to shaft centerline. • Perform one or two plane dynamic balance on impeller(s) to meet ISO Grade G2.5 or better balance grade. • Remove bearing from suction bell. Grit blast bell to SSPC-SP-10 Near White. Coat the interior and exterior of the suction bell with TNEMEC Series 140 Pota-Pox potable water epoxy to a dry film thickness of 12 mils dft. Top coat color to be Tank White. Make a new bronze suction bell bearing and install. • Remove bearing from bowl(s). Remove the case wear ring(s) from the bowl(s). Grit blast bell to SSPC-SP-10 Near White. Coat the interior and exterior of bowl(s) with TNEMEC Series 140 Pota- Pox potable water epoxy to a dry film thickness of 12 mils dft. Top coat color to be Tank White. Make a new bronze bowl bearing and install. Make a new bronze case wear ring and install. • Assemble bowl assembly. • Clean, polish, and straighten line shafts and head shaft to 0.003" TIR or better at the top, middle, and bottom of shafts. If journals are worn, plan to flip shafts end for end to establish a new journal area. Face both ends of each line shaft and the bottom end of head shaft to be perpendicular to shaft centerlines. • Remove column bearings. Grit blast each column to SSPC-SP-10 Near White. Coat inside and outside of each column in the non - machined areas with TNEMEC Series 140 Pota-Pox potable water epoxy to a dry film thickness of 12 mils dft. Top coat color to be Tank White. • Replace line shaft bearings with like material. If bearings are rubber, use nitrile "low -swell" compound. • Remove stuffing box bearing from stuffing box. • Grit blast stuffing box and discharge head to SSPC-SP-10 Near White. Coat inside and outside of discharge head and stuffing box in the non -machined areas with TNEMEC Series 140 Pota-Pox potable water epoxy to a dry film thickness of 12 mils dft. Top coat color to be Tank White. • Make and install new bronze stuffing box bearing. RFB Template 10.10.16 • Assemble unit and install stuffing box. Use RAINS-FLO GFM tin based packing system. 2. Horizontal Split Case Pump (HSC): • Clean, polish, and straighten pump shaft to 0.003" TIR anywhere on the shaft. • Perform one or two plane dynamic balance on impeller(s) to meet ISO Grade G2.5 balance grade or better. • Grit blast cases to SSPC-SP-10 Near White. Coat the interior and exterior of the cases with TNEMEC Series 140 Pota-Pox potable water epoxy to a dry film thickness of 12 mils dft. Top coat color to be Tank White on interior. Match original coating and color on exterior. • Replace bearings, lip seals and/or bearing protectors, o -rings, and gaskets. • Replace impeller wear rings. • Replace packing. If mechanical seal, re -manufacture seal with replacement rotating and stationary faces and elastomers. • Assemble rotating assembly and install in case. • If pump has mechanical seals, hydro -test casing to the greater of 200% of B.E.P. head or 150% of S.O.H for 5 minutes without leaks. 3. Vertical Overhung Bearing Pump (VOP): • Clean, polish, and straighten pump shaft to 0.003" Teardown, Inspect and Repair (TIR) anywhere on the shaft. • Perform one or two plane dynamic balance on impeller(s) to meet ISO Grade G2.5 balance grade or better. • Grit blast volute, stuffing box housing, and bearing housing to SSPC-SP-10 Near White. Coat the interior and exterior of the cases with TNEMEC Series 140 Pota-Pox potable water epoxy to a dry film thickness of 12 mils dft. Top coat color to be Tank White on interior. Match original coating and color on exterior. • Replace bearings, lip seals and/or bearing protectors, 0 -rings, and gaskets. RFB Template 10.10.16 • Re -machine case and/or impeller wear rings. • Replace packing. If mechanical seal, re -manufacture seal with replacement rotating and stationary faces and elastomers. • Assemble rotating assembly and install in case. • If pump has mechanical seals, hydro -test casing to the greater of 200% of B.E.P. head or 150% of S.O.H for 5 minutes without leaks. Motors 1. Vertical & Horizontal Motors: • Clean and oven dry stator and rotor. • Dip, perform VPI process and bake winding if necessary. • Coat winding and rotor with insulating paint. • Dynamically balance rotor to ISO G2.5 precision grade balance or better. • Replace bearing, lip seals, and/or bearing protectors. • Reassemble motor for running test. • Perform running test at rated voltage, no load. • Monitor and record electrical data. • Monitor and record temperatures (bearings and windings). • Monitor and record vibration amplitudes (filtered and unfiltered). • Match coating and color on motor exterior. • Prepare for return freight. K. Field, Service, Component, and Material Requirements: 1. Replacement components shall be fabricated to the original design unless otherwise specified by the Contract Administrator. 2. Components shall be checked for concentricity and trueness. RFB Template 10.10.16 3. Modifications to components or materials shall not be proposed that would decrease a pump's performance, thermal or mechanical durability, or negatively impact the pump operation. 4. Contractors, may be required to fabricate custom parts not readily available from the original manufacturer, however, City of Corpus Christi, prefers OEM parts if available. 5. Contractor shall clean associated lubrication systems and cover oil exposed piping, cavities or reservoirs with plastic and tape or other alternative effective measures to prevent moisture and containments from entering the system during storage and transport. 6. During re -assembly, Contractor shall coat fastener threads with a durable anti -corrosion / anti -seize compound unless otherwise specified by the City Contract Administrator. 7. Contractor may use high-pressure water to clean surface in preparation for inspection. 8. Contractor shall contact the City Contract Administrator for approval prior to using another blast media. 9. The Contractor's facilities may be subject to inspection at any- time by a representative of the City of Corpus Christi. 10. Contractor must be able to provide field and technical support. 11. The Contractor must have the ability to provide on-site training as may be required by the City of Corpus Christi. 12. Authorization for work, (Release Order), will be sent by Contract Administrator to Contractor via e-mail. L. City of Corpus Christi reserves the right to inspect pump and / or motor at any time during the course of the repair. RFB Template 10.10.16 M. City of Corpus Christi reserves the right to audit contractor's project costs at any time during contract duration. N. City of Corpus Christi reserves the right to use third party inspection services when deemed appropriate, however the City will pay for these services. O. City of Corpus Christi equipment in Contractor's possession must be properly stored and secured at all times; as well as loading / unloading must be done by Contractor's personnel. P. For warranted work the Contractor must make arrangements to pick up equipment within five working days, (No Exceptions), after notification and return the equipment to the City within 10 working days, (No Exceptions), after receipt and installation of all parts necessary to perform the repair. Q. Overtime hours for labor must be authorized in writing by the Contract Administrator prior to commencement. R. If the Contractor finds that the total cost of repairs for labor and parts would exceed 60% of the equipment replacement cost, the City Contractor Administrator shall be notified prior to repairs commencing in order for a decision to be made to repair or replace. If repairs are approved, this will be completed in writing by the Contract Administrator. S. The Contractor will make a reasonable attempt to obtain parts at the lowest price possible. T. For parts and material with a unit price of greater than $250.00 the Contractor must submit supporting documentation of pricing to include shipping charges and any mark-up costs as allowed by contract. U. Shipment preparation shall include the following: 1. Contractor shall ship the equipment empty (free of lubricants) but shall tag all lubrication points on equipment to indicate the lubricant must be added prior to running the equipment. 2. Unprotected metal surfaces shall be protected against corrosion. Pump and components shall be secured and supported to prevent damages during shipping. 3. All pump openings shall be covered adequately to protect pump during shipment. RFB Template 10.10.16 4. Contractor shall contact The Contract Administrator, at earliest opportunity of completion of work, to coordinate delivery and allow at least two working days for The Contract Administrator to arrange scheduling. 5. All equipment shall be shipped FOB Destination. The Contract Administrator may refuse to unload and/or accept equipment damaged in transit. 6. Contractor shall be liable for all return shipping costs resulting from damages in transits and is solely responsible for pursing all damage claims from transport services provider. 1.3 Work Site Locations and Conditions O.N. Stevens WFP / Booster Pump Station Large Volume Pump Inventory A. Below is a list of the Water Treatment Plant Equipment, which includes the raw water pump stations and the various booster pump stations and Pumps within O.N. Stevens Water Filtration Plant and Raw Water Complex (Nueces River) . B. Raw Water Building One (Nueces Raw Water Complex): Motors Raw Water Motor 3 General Electric VSS motor, 400 HP, 885 RPM, 4160 V / 3PH Raw Water Motor 4 General Electric VSS motor, 400 HP, 885 RPM, 4160 V / 3PH Raw Water Pumps Raw Water Pump 3 Byron Jackson 36RXM-1 Stage Vertical Turbine / Raw Water Pump 4 Byron Jackson 36RXM-1 Stage Vertical Turbine / C. Raw Water Building Two: Motors Raw Water Motor 7 Westinghouse Vertical Solid Shaft Motor, 800 HP, 592 RPM, 4160 V/3 PH Raw Water Motor 8 Westinghouse Vertical Solid Shaft Motor, 800 HP, 592 RPM, 4160 V/3 PH RFB Template 10.10.16 Raw Water Motor 9 Westinghouse Vertical Solid Shaft Motor, 800 HP, 592 RPM, 4160 V/3 PH Raw Water Motor 10 Teco Vertical Solid Shaft Motor, 800 HP, 590 RPM, 4160 V/3 PH Raw Water Pumps Raw Water Pump 7 Fairbanks Morse 24" X 30" 5712 Vertical Overhung Dry pit Pump, Rated Condition: 22000 GPM © 115 FT TDH Raw Water Pump 8 Fairbanks Morse 24" X 30" 5712 Vertical Overhung Dry pit Pump, Rated Condition: 22000 GPM @ 115 FT TDH Raw Water Pump 9 Fairbanks Morse 24" X 30" 5712 Vertical Overhung Dry pit Pump, Rated Condition: 22000 GPM @ 115 FT TDH Raw Water Pump 10 Fairbanks Morse 24" X 30" 5712 Vertical Overhung Dry pit Pump, Rated Condition: 22000 GPM @ 115 FT TDH D. High Service Building One (Plant / Treated Water): Motors High Service 1 Motor 1 General Electric VSS Motor, 700 HP, 1 185 RPM, 4160 V/3 PH High Service 1 Motor 2 General Electric VSS Motor, 500 HP, 1 185 RPM, 4160 V/3 PH High Service 1 Motor 3 General Electric VSS Motor, 700 HP, 1 185 RPM, 4160 V/3 PH High Service 1 Motor 4 General Electric VSS Motor, 500 HP, 1 185 RPM, 4160 V/3 PH High Service 1 Motor 5 General Electric VSS Motor, 500 HP, 1 185 RPM, 4160 V/3 PH High Service 1 Motor 6 General Electric VSS Motor, 500 HP, 1 185 RPM, 4160 V/3 PH High Service 1 Motor 7 General Electric VSS Motor, 500 HP, 1 185 RPM, 4160 V/3 PH Pumps High Service 1 Pump 1 BJ 32 RXL-2 Stage Vertical Turbine Pump, Rated Condition: 11,000 GPM © 230 FT TDH High Service 1 Pump 2 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 230 FT TDH RFB Template 10.10.16 High Service 1 Pump 3 BJ 32 RXL-2 Stage Vertical Turbine Pump, Rated Condition: 11,000 GPM @ 230 FT TDH High Service 1 Pump 4 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 230 FT TDH High Service 1 Pump 5 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 230 FT TDH High Service 1 Pump 6 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 230 FT TDH High Service 1 Pump 7 BJ 28 KXL-2 Stage Vertical Turbine Pump, Rated Condition: 7100 GPM @ 190 FT TDH E. High Service Building Two (Plant / Treated Water): Motors High Service 2 Motor 8 Teco Westinghouse Horizontal Induction Motor, 1500 HP, 890 RPM, 4160 V/3 PH High Service 2 Motor 9 Teco Westinghouse Horizontal Induction Motor, 1500 HP, 890 RPM, 4160 V/3 PH High Service 2 Motor 10 Teco Westinghouse Horizontal Induction Motor, 1500 HP, 890 RPM, 4160 V/3 PH High Service 2 Motor 11 Teco Westinghouse Horizontal Induction Motor, 1500 HP, 890 RPM, 4160 V/3 PH Pumps High Service 2 Pump 8 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH High Service 2 Pump 9 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH High Service 2 Pump 10 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH High Service 2 Pump 11 Flowserve 400LNN800 Horizontal Split Case Pump, Rated Condition: 17,000 GPM @ 240 FT TDH F. Low Lift Pumps (Raw Water / Pre -Sed Basin): RFB Template 10.10.16 Motors Low Lift Motor 1 US VHS Motor, 125 HP, 885 RPM, 460 V/3 PH Low Lift Motor 2 US VHS Motor, 125 HP, 885 RPM, 460 V/3 PH Low Lift Motor 3 US VHS Motor, 125 HP, 885 RPM, 460 V/3 PH Pumps Low Lift Pump 1 Cascade 24P, 1 Stage Vertical Turbine Pump, Rated Condition: 15,200 GPM © 21.9 FT TDH Low Lift Pump 2 Cascade 24P, 1 Stage Vertical Turbine Pump, Rated Condition: 15,200 GPM @ 21.9 FT TDH Low Lift Pump 3 Cascade 24P, 1 Stage Vertical Turbine Pump, Rated Condition: 15,200 GPM © 21.9 FT TDH G. Wash Water Pumps (Plant / Treated Water- Filter Backwash): Motors Wash Water Motor 3 GE VSS Motor, 200 HP, 1 190 RPM, 4160 V/3 PH Wash Water Motor 5 GE VSS Motor, 200 HP, 1 190 RPM, 4160 V/3 PH Wash Water Motor 7 GE VSS Motor, 200 HP, 1 190 RPM, 4160 V/3 PH Pumps Wash Water Pump 3 Peerless 24HH-OH-1 Stage Vertical Turbine Pump, Rated Condition: 9000 GPM C 71 FT TDH Wash Water Pump 5 Peerless 24HH-OH-1 Stage Vertical Turbine Pump, Rated Condition: 9000 GPM @ 71 FT TDH Wash Water Pump 7 Peerless 24HH-OH-1 Stage Vertical Turbine Pump, Rated Condition: 9000 GPM @ 71 FT TDH H. Wash Water Return Pit Submersible Pumps (Recycle Water from Backwash): Flygt Submersible 341 185 HP, RPM 1780, Rated Condition: 3440 GPM Flygt Submersible 330 110 HP, RPM 1185, Rated Condition: 2740 GPM RFB Template 10.10.16 Flygt Submersible 340 110 HP, RPM 1185, Rated Condition: 2740 GPM I. Recycle Pond Submersible Pumps (Recycle Lagoon to Pre -Sed Basin): Flygt Submersible 525 HP, 1 165 RPM, 57 TDH, Rated Condition: 1500 GPM Flygt Submersible 525 HP, 1 165 RPM, 57 TDH, Rated Condition: 1500 GPM Flygt Submersible 525 HP, 1 165 RPM, 57 TDH, Rated Condition: 1500 GPM Booster Pump Station Complexes (Outside of ONS - Throughout City) A. Staples Booster Pump Station (Treated Water): Motors Motor 1 Marathon Horizontal Induction Motor, 200 HP, 1785 RPM, 460 V/3 PH Motor 2 Marathon Horizontal Induction Motor, 200 HP, 1785 RPM, 460 V/3 PH Pumps Pump 1 Fairbanks Morse 2823A Horizontal Split Case Pump, Rated Condition: 3475 GPM @ 155 FT TDH Pump 2 Fairbanks Morse 2823A Horizontal Split Case Pump, Rated Condition: 3475 GPM @ 155 FT TDH B. Navigation Booster Pump Station (Treated Water): Motors Motor 1 US Motor Horizontal Induction Motor, 350 HP, 890 RPM, 460 V/3PH Motor 2 US Motor Horizontal Induction Motor, 350 HP, 890 RPM, 460 V/3PH Motor 3 US Motor Horizontal Induction Motor, 350 HP, 890 RPM, 460 V/3PH Pumps Pump 1 Flowserve 350LNN725 Horizontal Split Case Pump, Rated Condition: 7000 GPM @ 140 TDH RFB Template 10.10.16 Pump 2 Flowserve 350LNN725 Horizontal Split Case Pump, Rated Condition: 7000 GPM © 140 TDH Pump 3 Flowserve 350LNN725 Horizontal Split Case Pump, Rated Condition: 7000 GPM © 140 TDH C. Sand Dollar Booster Pump Station (Treated Water): Motors Motor 1 Marathon Horizontal Induction Motor, 300 HP, 1785 RPM, 460 V/3PH Motor 2 Marathon Horizontal Induction Motor, 300 HP, 1785 RPM, 460 V/3PH Motor 3 Teco-Westinghouse, 300HP, 1765 RPM, 460 V/3PH Pumps Pump 1 Flowserve Case Pump 10LR-17B Horizontal Split Pump 2 Flowserve Case Pump 10LR-17B Horizontal Split Pump 3 Flowserve Case Pump 10LR-17B Horizontal Split D. Holly Booster Pump Station (Treated Water): Motors Large Induction Horizontal #2 Motor / 250 HP, 1 180 RPM Large Induction Horizontal #3 Motor / 300 HP, 1 180 RPM Pumps Allis Chalmers, HSC, #2 5000 GPM, TDH 140 Allis Chalmers, HSC, #3 7000 GPM, TDH 140 1.4 Contractor Quality Control and Superintendence A. The Contractor 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. B. Contractor shall quality inspect Pump and Motor Repairs, Re -Manufacturing Services, and Post Repair Field Testing prior to return to the City. RFB Template 10.10.16 C. Quality Assurance package will be required with each repair. Documentation for Quality Control (QC). A tear -down and inspection report (TIR), support with dimensions, clearances, alignments, fits, OEM tolerances and photographs shall accompany each estimate. D. Upon completion of each repair, the Contractor shall submit a final Repair Report/QC documents. This can be an electronic copy in Adobe PDF format or Contractor maintains a database of repair reports on Adobe PDF format, accessible to The Contract Administrator over the Internet. E. Contractor shall provide this QC report no later than thirty (30) calendar days after completion of each repair. The final repair report shall, at a minimum document the work performed including, but not limited to the following: 1. As -received running and test reports 2. As -received TIR, including possible root causes of failure if they can be established. 3. Dimensional as -received checks 4. Description of all work performed 5. Description of parts installed 6. Description of modified, redesigned or repaired parts. 7. Babbit bearing test reports 8. Results of any testing performed 9. Pump performance curves, when available 10. Final balance report 11. Shop and fabricate drawings 12. Digital photographs of relevant as -found conditions, after cleaning and during final assembly 13. SDS as required 14. Material Certifications F. Contractor shall submit a monthly status report, no later than 10 calendar days after the last day of each month in Adobe PDF format or maintain a database of status report in Adobe PDF format, accessible to The Contract Administrator over the Internet. 1. This report shall be in tabular/log format using MS Project, MS Excel or MS Word, listing all active and completed work, and shall contain the following information for each repair: • Date Contractor was notified of repair. RFB Template 10.10.16 • Date the component was picked up atjobsite, and received at the Contractor's facility. • Date the repair recommendation and estimate was provided to The Contract Administrator. • Date the Contractor received The Contract Administrator response, indicting Contract Administrator's acceptance or decline for repairs. • Date PO number was received, authoring execution of work • Repair estimate amount. • Projected and actual repair completion and delivery dates • Invoiced amount. • Date of invoice. • Date payment was received for completed work. • If the existing pump nameplate is illegible, a new nameplate shall be supplied. Nameplates shall be made of corrosion resistant metal and have stamped or engraved lettering. 1.5 Special Instructions A. Contractors invoice for payment for work performed must follow the instructions provided by the City. The following instructions are minimal requirements and can be changed based on the City's accounting needs. Contractor's standard invoicing format may be used if it meets all the City's requirements. The invoice must contain the follow information: 1. Release Order number 2. Pump/Motor station name, model and serial numbers 3. Invoice number 4. Invoice date 5. Description of service 6. Bill of materials 7. Invoice total 8. Contractor's name and address 9. Contractor's contact with phone number and email address 10. Contractor will be required to attach copies of all invoices for parts and materials (to include % of mark-up) to each repair invoice. 11. Other items required for invoicing for payment for the contract: • Date of Order, Completion Date, Billing Date. • Name(s) of the Contract Administrator representative ordering repair. • Location of service (Shop or where in the field) RFB Template 10.10.16 • Equipment worked on and Serial Number (S/N) • Position, hourly rate (as per the bid), and total hours used. This should be broken down by Open and Inspect, repairs, install or disassembly charges, • Any shipping costs • Total cost 12. Note that payment may be withheld by the Contract Administrator or until all of the above information is received and verified. B. Pricing shall include: costs to pick up, repair, and deliver or equipment back to The Contract Administrator. Service calls during the warranty period shall also be at no charge, unless the problem does not pertain to defect in workmanship and/or materials. RFB Template 10.10.16 Date: May 9, 2017 Attachment B -Bid Pricing/Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1048, Pump and Motor Repair for Utilities Water Department Bidder: Smith Pump Company, Ehc. Authorized 612. Signature: PAGE 1 OF 1 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description Unit Qty. Total Price Parts/ Materials Estimated Parts Markup 1 Parts / Materials Markup * EA $87,000.00 % an $ 1O}i4QO 2 Shipping Allowance for parts/materials EA $50,000.00 $50,000.00 Labor Unit Price Total Price $ £3)4400..° 3 Shop Mechanic (ST) HRS 690 $ '7(D.° 4 Shop Mechanic (OT) HRS HRS 80 480 $ 114',°13 $ 80. $ l9 p� $ ►(1 $ %Jai) $ 2p $ cya.of ° $ 3g 4c $ � � J 45— $ 1 2..51+a0" V0S $ _f ,°° $5(5, °° �II������{{�1!16i81a. J °� I7 16al 5 Field Service (ST) 6 Field Service (OT) HRS 100 7 Engineer, Shop (ST) HRS 280 8 Engineer, Shop (OT) HRS HRS HRS 10 60 10 9 Engineer, Field (ST) 10 Engineer, Field (OT) Total *Total Price will be $87,000.00 plus markup. 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 any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer 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 RFB Template 10.10.16 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. 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 RFB Template 10.10.16 • 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 Utilities Pump and Motor Repair 01/04/17 cg Risk Management 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 Warranty: Smith Pump Company ("SPCO") warrants new equipment or parts to be free from defects in materials and workmanship for a period of eighteen (18) months from the date of shipment or twelve (12) months from the date of startup or initial use, whichever comes first. SPCO SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR LIQUIDATED DAMAGES. NO EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. Repairs performed by SPCO are warranted against defects in workmanship and/or materials for a period of twelve (12) months from the date of shipment. SPCO will not be responsible for any removal or reinstallation charges or transportation charges in cases where equipment has failed under these warranty conditions. SPCO's sole obligation and the City's sole remedy under this warranty is repair or replacement at SPCO's election. The City agrees to provide SPCO reasonable and clear access to any equipment covered by this warranty which may include removal or materials or structures as well as supplying any equipment, materials or structures which are necessary to provide reasonable access to the equipment being repaired or replaced. Costs to remove and/or reinstall equipment for warranty purposes shall be the responsibility of the City. Replacement parts or repairs furnished under this warranty shall be subject to warranty provisions herein for the remaining warranty period. All equipment repaired or replaced will be re -warranted only for the remainder of the original warranty period. SPCO does not warrant new equipment supplied or any repair/replacement part against the effects of erosion, corrosion, or normal wear and tear due to operation or the environment. The warranty and remedies set forth herein are conditioned upon proper storage, installation, use and maintenance of the equipment covered by this quotation in all material respects, and in accordance with SPCO's written recommendations. The City must notify SPCO in writing of any warranty claim during the warranty period or within thirty (30) days thereafter. SPCO will not be liable under this warranty if warranted goods have been exposed or subjected to any (1) maintenance, repair, installation, handling, packaging, transportation, storage, operation, or use which is improper or otherwise not in compliance with SPCO's instructions, (2) alteration, modification or repair by anyone other than SPCO or those specifically authorized by SPCO, (3) accident, contamination, foreign object damage, abuse, neglect, or negligence after shipment to the City, (4) damage caused by failure of an SPCO supplied product not under warranty or by any hardware or software not supplied by SPCO, (5) use of counterfeit or replacement parts that are not manufactured by the manufacturer of goods provided by SPCO or approved by SPCO for use in goods provided by SPCO, or (6) goods which are normally consumed in operation or which have normal life inherently shorter than the warranty period including, but not limited to, consumables (e.g. lamps, batteries, storage capacitors). AGENDA MEMORANDUM Future Item for the City Council Meeting of July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: July 25, 2017 TO: Margie C. Rose, City Manager FROM: Belinda Mercado, Director of Information Technology Bmercado@cctexas.com (361) 826-3740 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Lease of Computers and other computer peripherals; and Purchase of Servers and Monitors for Information Technology Services CAPTION: Motion authorizing the City Manager, or designee, to execute lease -purchase agreements with Hewlett Packard Enterprise Financial Services, of Berkeley Heights, New Jersey, for approximately 575 desktop computers for a lease -purchase term of 48 -months, 420 laptop computers for a lease -purchase term of 36 -months and peripherals, respectively, in accordance with the State of Texas cooperative purchasing program DIR-TSO-2538 for a total expenditure not to exceed $1,190,712; and to purchase ten servers and 300 monitors for an amount $92,850. No funds are required for FY2016-17; however, the total expenditure not to exceed $1,283,562 will be requested in future budget years. PURPOSE: This lease contract will provide for the lease of computers, servers and other computer peripherals and related products to be ordered by various departments throughout term of the agreement. BACKGROUND AND FINDINGS: The decision to lease the laptops for a 36 -month term is based upon the expected life and maintenance costs associated with a laptop computer. The laptops are moved from location to location, may be exposed to extreme temperatures and are susceptible to damage. These conditions tend to lower the expected life of a laptop unit and increase the maintenance cost. Desktop computers and servers are normally located in a stable environment that provide for longer term performance. ALTERNATIVES: Purchase fewer computers; and not have the availability to refresh every 36/48 months. OTHER CONSIDERATIONS: The lease is a continuation of the City's program to lease computers in lieu of purchasing them outright. The program's objectives are targeted at: 1) providing users with the latest technology once every three years for laptops and four years for desktops 2) spreading the cost associated with acquiring computer equipment over the lease period and 3) decreasing the cost associated with maintaining computer equipment by including a warranty for the duration of the lease period. 4) lease is a buyout at the end of lease and the equipment will be recycled for possible revenue. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and the Texas State procurement laws. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Various departments FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $1,045,453.40 $1,283,562.00 $2,329,015.40 Encumbered / Expended Amount $473,324.91 0.00 $473,324.91 This item 0.00 $1,283,562.00 $1,283,562.00 BALANCE $572,128.49 0.00 $572,128.49 Fund(s): Funds are budgeted in the 530180 expense account (non -capital lease payments) of the various operational budgets of the requesting departments. Comments: The City will order computers as needed and is not compelled to order a minimum number of computers in any given year. If at the end of the term of the lease - purchase agreements, and all 575 desktop computers, 420 laptop computers and peripherals are ordered, the City will obligate to the $1,213,790 of the award. Annual funding will be requested during each of the following budget years. The ongoing contract is contingent upon all future budget appropriations. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Pricing Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MICHAEL GUTIERREZ PRICE SHEET LEASE OF COMPUTERS AND OTHER COMPUTER PERIPHERALS AND PURCHASE OF SERVERS ITEM DESCRIPTION Lease Item Hewlett-Packard Company Palo Alto, CA QTY. UNIT QTY. UNIT UNIT PRICE EXTENDED PRICE TOTAL COST W/INTEREST 1. GIS/Engineering i7 Windows 10 64-bit OS 16 G / 256 GB SSD 22" Monitor 48 Months 50 Each $954.00 $47,700.00 $ 51,317.56 2. Super User Optional i5 Windows 10 64-bit OS 8 GB / 256 GB SSD 22" Monitor 48 Months 175 Each $846.00 $148,050.00 $ 159,278.12 3. Power User i5 Windows 10 64-bit OS 8 GB / 256 GB SSD 22" Monitor 48 Months 350 Each $720.00 $252,000.00 $ 271,111.68 4. Tablets/Surface Pros i7 Windows 10 64-bit OS 8 GB / 512 GB SSD 22" Monitor 36 Months 40 Each $2,325.00 $93,000.00 $ 97,951.32 5. Notebook i5 Windows 10 64-bit OS 8 GB / 256 GB SSD 22" Monitor 36 Months 290 Each $943.00 $273,470.00 $ 288,029.54 6. Rugged i5 Windows 10 64-bit OS 8 GB / 256 GB SSD 22" Monitor 36 Months 90 Each $3,407.72 $306,694.80 $ 323,023.78 Lease -Purchase Total $1,120,914.80 Total w/interest UNIT EXTENDED PRICE PRICE 7. Monitor 300 Each $143.00 $42,900.00 8. Purchase of Servers 10 Each $4,995.00 $49,950.00 Purchase Total $92,850.00 $1,190,712 00 Grand Total Lease -Purchase and Purchase $1,283,562.00 Interest per unit I Annual Int Rate $ 72.35 1.9% $ 64.16 1.9% $ 54.60 1.9% $ 123.78 1.8 $ 50.21 1.8 $ 181.43 1.8 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: August 8, 2017 Legistar Number: 17-0560 Agenda Item: Motion authorizing the City Manager, or designee, to execute lease -purchase agreements with Hewlett Packard Enterprise Financial Services, of Berkeley Heights, New Jersey, for approximately 575 desktop computers for a lease -purchase term of 48 -months, 420 laptop computers for a lease -purchase term of 36 -months and peripherals, respectively, in accordance with the State of Texas cooperative purchasing program DIR-TSO-2538 for a total expenditure not to exceed $1,190,712; and to purchase ten servers and 300 monitors for an amount $92,850. No funds are required for FY2016-17; however, the total expenditure not to exceed $1,283,562 will be requested during each of the following budget years. Amount Required: $0.00 Fund Name Accounting Unit Account No. Activity No. Amount $0.00 Total $0.00 _X_ Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM Future Item for the City Council Meeting of July 25, 2017 Action Item for the City Council Meeting of August 8, 2017 DATE: TO: Margie C. Rose, City Manager July 19, 2017 THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director, Street Operations AndyL@cctexas.com (361) 826-1957 Construction Contract Residential Street Rebuild Program (RSRP) Test Project Rogerson Drive — McArdle Road to Sunnybrook Road CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of $699,807.62 for the Rogerson Drive Project - McArdle Road to Sunnybrook Road for Base Bid 2 — Portland Cement Concrete (PCC) as part of the Residential Street Rebuild Program (RSRP) test projects. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas for Rogerson Drive - McArdle Road to Sunnybrook Road in the amount of $699,807.62 as part of the RSRP test projects program using Portland Cement Concrete (PCC). BACKGROUND AND FINDINGS: On November 8, 2016 city -voters approved the RSRP in the amount of $11 M. On December 13, 2016, the City Council approved two contracts for engineering design services for the design of Residential Reconstruction "Test" Projects. The design contract for Rogerson Drive from McArdle Road to Sunnybrook Road was awarded to Freese and Nichols, Inc. Project Scope: The scope includes full depth reconstruction of the street pavement, new curb & gutter with new tied sidewalks on both sides, new ADA ramps, tree removal for trees within 3ft of new sidewalks and other miscellaneous improvements. The project includes minor extensions of the existing underground storm water pipelines and new curb inlets to improve drainage. The project also improves the roadway profile (slope) to achieve positive drainage. The profile improvements and new curb & gutter require driveway adjustments. The underground storm water improvements require relocation of an existing AT&T duct bank, that will be moved by AT&T. The test project was developed to analyze the above improvements and collect more information to refine the design and construction approach for rehab/reconstruction of local streets to include the following: • Pavement material selection and alternatives and pricing for Portland Cement Concrete (PCC) or Hot -Mix -Asphalt -Concrete (HMAC). The design engineer and staff also considered and will continue to research alternatives including new pavement technologies and materials that allow more cost-effective rehab options in lieu of full replacement. • Extent of replacement and pricing for concrete sidewalks, driveways, curb & gutter and ADA ramps. The design team worked to minimize the impacts and improvements for these structures while ensuring the proposed improvements achieve a sustainable and cost effective street design. Typical improvements will be 5ft tied sidewalks on only one side unless there are existing sidewalks on both sides. • Drainage and underground utility improvements. Each design will ensure positive drainage that prevents nuisance flooding and premature failure of the roadway and other structures. The intent is to find cost effective solutions without major underground infrastructure investments, and recommend deferral of streets with heavy utility corridors and drainage problems. • Evaluation and recommendations with other surface improvements such as trees that undermine the roadway, sidewalks and curb & gutter, landscaping, fencing, irrigation and other miscellaneous items encountered is residential communities. On June 21, 2017, the City received proposals from six (6) bidders and the respective bids were as follows: CONTRACTOR BASE BID Base Bid 1 (Asphalt) Base Bid 2 (Concrete) J.E. Construction Services * Corpus Christi, Texas $ 673,567.23 $ 699,807.62 J. Carroll Weaver Sinton, Texas $ 677,612.17 $ 858,567.01 Grace Paving & Construction Corpus Christi, Texas $ 724,933.32 No Bid MAX Underground Construction Corpus Christi, Texas $ 727,381.25 No Bid Berry Contracting dba Bay, Ltd Corpus Christi, Texas $ 951,298.60 $ 1,277,329.10 CPC Interest dba Clark Pipeline Corpus Christi, Texas $ 953,732.75 No Bid Engineer's Opinion of Probable Construction Cost (Base Bid) $ 735,000.00 $ 889,000.00 * Reflects corrected Mobilization Unit pricing to the maximum of 5% as required in the bid documents. J. Carroll Weaver failed to submit a bid bond for the Rogerson Drive project and was determined by City Legal to be Non -Responsive. Additionally, bid irregularities were noted with the construction mobilization unit prices from J.E. Construction and J. Carroll Weaver. The bid documents restrict mobilization to a maximum amount up to 5%. The actual bid price for these two bidders was computed using the mobilization unit price of 5% pursuant to and as required by the bid documents. This resulted in a $40K reduction of the mobilization unit price and total bid from the low bidder, J.E. Construction Services. J.E. Construction Services was notified and acknowledged the requirement. Staff recommends waiving of the irregularities in accordance with the bid documents, specifically the Invitation for Bidders that expressly states the City may accept or reject any or all bids and waive any irregularities that are determined to be in the best interest of the City. The Rogerson Drive project was bid with Hot -Mix -Asphalt -Concrete (HMAC) and Portland Cement Concrete (PCC) pavement options. The final pavement recommendation of HMAC or PCC pavement is made based on the method described in an informal report to City Council dated June 2, 2017. Projects that are bid with PCC and HMAC alternates, Engineering will recommend the PCC alternate when the construction cost differential is less than $100K per lane mile. The lowest PCC pavement bid was $26,240.39 higher than HMAC which equates to $55,747.59 per lane mile, and is within the $100,000 per lane mile differential. ALTERNATIVES: 1. Authorize the execution of the construction contract as presented (Recommended) 2. Authorize the execution of the construction contract as using the HMAC material (Not Recommended) 3. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Operatin ❑ Revenue Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget 4,290,000.00 4,290,000.00 Encumbered / Expended Amount 141,331.00 141,331.00 Rogerson — This Item 699,807.62 699,807.62 Future Anticipated Expenditures This Project 229,317.38 229,317.38 BALANCE 3,219,544.00 3,219,544.00 Fund(s): Operating and Utilities Comments: This project requires approximately 120 calendar days for construction with anticipated completion in December 2017. The construction contract will result in the expenditure of an amount not to exceed $699,807.62. RECOMMENDATION: City staff and the design engineer recommend waiving the mobilization bid price irregularity and to award the contract to the lowest bidder, J.E. Construction Services, in the amount of $699,807.62 for the PCC pavement option. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation CCAR — Bidding Asphalt vs. Concrete PROJECT BUDGET ESTIMATE Residential Street Reconstruction Program Rogerson Drive (McArdle Road to Sunnybrook Road) - E16270 PROJECT FUNDS AVAILABLE: Residential/Local Street Fund (1042) FY 2016-2017 4,290,000 TOTAL 4,290,000 FUNDS REQUIRED: Construction (THIS ITEM): 699,808 Streets 615,186 Utilities 84,622 Storm Water 84,622 Contingency (10%) 69,981 AT&T Utility Relocations (Estimate) 20,000 Testing and Inspection 88,387 Construction Inspection (Estimate) 68,250 Geotechnical Testing 6,250 Construction Materials Testing (Estimate) 13,887 Design Fee and Geo -Technical Fees 135,081 Preliminary Design (Freese Nichols) 37,317 Engineering Design (Freese Nichols) 97,764 Reimbursements 57,199 Contract Administration (Engineering/Finance/Capital Budget) 25,350 Engineering Services (Project Mgt/Constr Mgt) 31,687 Misc. (Printing, Advertising, etc.) 162 TOTAL 1,070,456 ESTIMATED PROJECT BUDGET BALANCE 3,219,544 * *Funds will be used to cover Ralston Avenue Test Project. Ro sti R Texas State Aquarium Q I H-37Corpus Christi I • PROJECT LOCATION z. co Ci�, /yo, �o LOCATION MAP NOT TO SCALE Project Number: E16270 Rogerson Drive McArdle Rd to Sunnybrook Rd CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES cQi) Corpus Chr sti Engineering Rogerson Drive McArdle Road to Sunnybrook Road Residential Street Rebuild Program Test Proj ects Council Presentation July 25, 2017 Project Location Corpus Chrsti Engineering W-37 PS 4:hris?i ROGERSON DRIVE Project Vicinity �hrsti Engineering Project Scope Corpus Chr°sti Engineering ➢ Rogerson Drive: ✓ Full -depth reconstruction of the street o Portland Cement Concrete (PCC) pavement ✓ 5 -foot tied sidewalks on both sides ✓ ADA- compliant ramps ✓ Replacement of concrete driveway aprons ✓ New curb & gutter - full length on both sides ✓ Utilities improvements — o New inlets o Minor storm water adjustments Project Schedule Corpus Chr°sti Engineering 2017 June July August Bid / Award September October November December M. Construction 1.111= Construction Estimate: 120 days CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft 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: ;201.7-233325 Date Filed: 07/07/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. JE Construction Services Corpus Christi, TX United States 2 Name of governmental entity or state agency that Is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16270 Rogerson Drive McArdle Rd. To Sunnybrook Rd. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Check if is NO Interested Party. 5 only there X 6 AFFIDAVIT ;77'T0 KAREN JUST tq4 4.4.4:'.. ` � Notary Public. Srate of lexas i ° My Commission Exptres •1.;;;14� ''r October 30 2019 AFFIX NOTARY STAMP /SEAL ABOVE Sworn to and subscribed before me, by the said gr� I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contra- ' . , . • • miry 1-4e..–+L(-7/es the day of OPCI'CY 20 17 , to certify which, witness my hand and seal of office. a i r Signature of o cer :. oath Prin -d name of officer administenng oath Title of officer administering oath Forms orovided b+ exas Ethics Commission www.ethics,state.tx.us Version V1.0.8& FREESE ¢NICHOLS 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 July 6, 2017 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Re: Rogerson Drive — McArdle Road to Sunnybrook Road City Project No. E16270 Mr. Edmonds: Innovative approaches Practical results Outstanding service www.freese.com The City of Corpus Christi received six (6) sealed bid proposals for the above referenced project on June 21, 2017 at 2:00 p.m. at the City Secretary's office. The project bid included base bids for both Hot Mix Asphalt Concrete (HMAC) pavement (Base Bid 1) and concrete pavement (Base Bid 2). There are no additive alternates included in the project. Attached are the bid tabulations of the six (6) bid proposals. We have received and reviewed the Statement of Experience of the three (3) lowest bidders and have found them to be satisfactory. The bid breakdown for the six bidders is shown on the attached Tabulation of Bids, and the Base Bids 1 and 2 are summarized below: Bidder Base Bid 1— HMAC Base Bid 2 - Concrete J.E. Construction Services $673,567.23 $699,807.62 J. Carroll Weaver $677,612.17 $858,567.01 Grace Paving and Construction $724,933.32 NO BID MAX Underground Construction $727,381.25 NO BID Bay, Ltd. $951,298.60 $1,277,329.10 Clark Pipeline Services $953,732.75 NO BID J.E. Construction Services is the apparent low bidder for this project based on Total Base Bid for both Base Bid 1— HMAC and Base Bid 2 — Concrete. Both base bid amounts are within the City's construction budget. Based on the City's evaluation criteria for lane -mile cost, Base Bid 2 (Concrete) would be considered the more cost-effective alternative. The total base bid amount for concrete pavement is 3.8% higher than the total base bid amount for asphalt (HMAC) pavement. July 6, 2017 Page 2 of 2 Therefore, FNI recommends that the City award the construction contract for Rogerson Drive — McArdle Road to Sunnybrook Road (City Project No. E16270) to J.E. Construction Services of Corpus Christi, Texas for Base Bid 2 (Concrete) in the amount of $699,807.62. If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NICHOLS, INC. Nick Cecava, P.E., CFM Attachments: Tabulation of Bids — Base Bid 1— HMAC Tabulation of Bids — Base Bid 2 — Concrete INFORMAL STAFF REPORT MEMORANDUM To: Thru: Margie C. Rose, City Manager ilk Mark Van Vleck, P.E., Assistant City Manage J�` Valerie H. Gray, P.E., Executive Director Public Works From: Jeff Edmonds, P.E., Director of Engineering Services -- Date: June 2, 2017 Subject: CITY COUNCIL ACTION REQUEST (CCAR) — April 25, 2017 BIDDING STREET BOND PROJECTS WITH BOTH PORTLAND CEMENT CONCRETE (PCC) AND HOT -MIX -ASPHALT -CONCRETE (HMAC) ISSUE: During the April 25, 2017 Councilmember Guajardo requested analysis on how to evaluate bids when projects are designed with both PCC and HMAC. BACKGROUND & FINDINGS: As per the attached memorandum, several of the Bond 2012 and Bond 2014 projects are being designed with both HMAC and PCC pavements. When projects are designed both ways, a 30 -year design life is assumed, and the required pavement section is determined based on the Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures. Recommendations to City Council have historically been based on the lowest priced construction bid, The one exception is the Kostorytz Road project (2012 Prop 1). In the case of Kostoryz, the cost differential to award the concrete alternative was bid price For concrete was $35,489.85 or less than 0.5% of total project cost. That was an easy recommendation but does raise the question of how award recommendations will be made when the decision is a closer call. Life -Cycle Cost Analysis (LCCA): There is abundant literature on how to conduct LCCA relative to infrastructure investment alternatives. LCCA is a tool to help agencies make economically sound decisions when project alternatives have varying cost patterns over the asset's service life. LCCA seeks to incorporate a total cost approach that considers all relevant costs, rather than just up front cost, when evaluating alternatives. These analyses can become quite complex and involve hundreds of inputs. LCCA for HMAC versus PCC pavements: The Federal Highway Administration (FHWA) began promoting pavement LCCA in the 1990's, A great deal of research has been published on the application of LCCA to the question of HMAC versus PCC pavements. Various Departments of Transportation have developed LCCA policies and some have developed software to help with LCCA. Typically a large number of assumptions are required such as timing of future activities, costs of future maintenance, a discount rate for future cash flows, user impacts from future construction, etc. These analyses can become burdensome and may increase confusion. Potential Budget Impacts: While LCCA is useful to help agencies select alternatives with an overall lower cost, it does not address the budget impacts of doing so. It is assumed that PCC offers maintenance savings over HMAC pavements and that those savings support a decision to pay a certain premium for PCC pavement. The question still exists, though, of how to budget for that additional up front cost. The savings result from future maintenance cost reductions. Those savings are not currently available to fund a higher cost bid award. Current Bond programs do not have an allowance set aside for additional construction costs even if they are justified by LCCA. This issue will need to be addressed for future Bond programs. It may require increasing project budgets to allow for a certain percentage of projects to be awarded to the higher bid price alternative. RECOMMENDATION: Engineering Services has performed some preliminary LCCA comparing the maintenance cost differential between PCC and HMAC. The LCCA confirms that PCC provides maintenance cost savings over HMAC. The maintenance cost savings justify paying a higher construction cost for a PCC roadway. The maintenance cost savings with PCC are estimated at $100,000 per lane -mile ($14.20/square yard). Where projects are designed and bid with HMAC and PCC, Engineering Services will consider those maintenance cost savings when making the bid award recommendation. If the PCC pavement bid alternate is within $100,000 per lane -mile of the HMAC bids, Engineering will recommend the PCC alternative. For illustration purposes, the recent Yorktown Boulevard project included approximately 6 lane - miles of total pavement surface when tum lanes, intersections and bike lanes are included. In that case, Engineering Services would have recommended paying up to an additional $600,000 for the PCC bid alternate. Since the bid price difference between PCC and HMAC was $1.7 million, Engineering recommended the HMAC altemate. AGENDA MEMORANDUM First Reading for the City Council Meeting of July 25, 2017 Second Reading for the City Council Meeting of August 8, 2017 DATE: TO: Margie C. Rose, City Manager July 19, 2017 THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director, Street Operations AndyL@cctexas.com (361) 826-1957 Construction Contract Award Residential Street Rebuild Program (RSRP) Test Project Ralston Avenue — Staples Street to Alameda Street CAPTION: Ordinance amending the Fiscal Year 2017 Operational Budget adopted by Ordinance No. 030965 by increasing expenditures in the amount of $1,000,000 in Fund 1042 Residential / Local Streets and authorizing the City Manager, or designee, to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of $1,453,476.33 for the Ralston Avenue - Staples Street to Alameda Street for Base Bid B — HMAC (Asphalt) as part of the Residential Street Rebuild Program (RSRP) test projects. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas for the Ralston Avenue - Staples Street to Alameda Street Project in the amount of $1,453,476.33 as part of the RSRP test projects program with construction using HMAC (Hot Mix Asphalt Concrete). BACKGROUND AND FINDINGS: In August 2016, City Council approved moving forward with test projects for the Residential Street Rebuild Program (RSRP). The test projects were to be funded through monies dedicated to residential street reconstruction (as per the Budget Financial Policy) in Fund 1042 Residential / Local Streets fund. On November 8, 2016 residents approved the Residential Rebuild Project in the amount of $11 Million. In December 2016, Council approved the appropriation of $ 2.5 Million from the Fund 1042 fund balance and an amendment of the 2017 Budget to cover part of the estimated $ 3.8 Million test project costs. At that time, Council was informed that an additional budget amendment would be brought with the construction contracts to cover the remaining balance of the project costs using FY2017 revenues. The attached Ordinance amends the FY2017 Operational Budget by an additional $1 Million for remaining test project costs. This amendment recognizes Fund 1042 revenues already received in FY2017. The design contract for Ralston Avenue from Staples Street to Alameda Street was awarded in December 2016 to Urban Engineering. Project Scope: The scope includes full depth reconstruction of the street pavement, new curb & gutter with new tied sidewalks on both sides, new ADA ramps, tree removal for trees within 3ft of new sidewalks and other miscellaneous improvements. The project includes minor extensions of the existing underground storm water pipelines and new curb inlets to improve drainage. The project also improves the roadway profile (slope) to achieve positive drainage. The profile improvements and new curb & gutter require driveway adjustments. The test project was developed to analyze the above improvements and collect more information to refine the design and construction approach for rehab/reconstruction of local streets to include the following: • Pavement material selection and alternatives and pricing for Portland Cement Concrete (PCC) or Hot -Mix -Asphalt -Concrete (HMAC). The design engineer and staff also considered and will continue to research alternatives including new pavement technologies and materials that allow more cost-effective rehab options in lieu of full replacement. • Extent of replacement and pricing for concrete sidewalks, driveways, curb & gutter and ADA ramps. The design team worked to minimize the impacts and improvements for these structures while ensuring the proposed improvements achieve a sustainable and cost effective street design. Typical improvements will be 5ft tied sidewalks on only one side unless there are existing sidewalks on both sides. • Drainage and underground utility improvements. Each design will ensure positive drainage that prevents nuisance flooding and premature failure of the roadway and other structures. The intent is to find cost effective solutions without major underground infrastructure investments, and recommend deferral of streets with heavy utility corridors and drainage problems. • Evaluation and recommendations with other surface improvements such as trees that undermine the roadway, sidewalks and curb & gutter, landscaping, fencing, irrigation and other miscellaneous items encountered is residential communities. On June 28, 2017, the City received proposals from five (5) bidders and the respective bids were as follows: CONTRACTOR BASE BID Base Bid A (Concrete) Base Bid B (Asphalt) J.E. Construction Services Corpus Christi, Texas $ 1,583,086.92 $ 1,453,476.33 Hass & Anderson Construction Corpus Christi, Texas No Bid $ 1,578,137.00 Berry Contracting dba Bay, Ltd Corpus Christi, Texas $ 1,978,744.80 $ 1,599,244.05 J. Carroll Weaver Sinton, Texas (NON-RESPONSIVE) No Bid $ 1,750,679.89 CPC Interest dba Clark Pipeline Corpus Christi, Texas No Bid $ 1,824,286.49 Engineer's Opinion of Probable Construction Cost (Base Bid) $ 2,140,000.00 $ 1,750,000.00 * Reflects corrected Mobilization Unit pricing to the maximum of 5% as required in the bid documents. J. Carroll Weaver failed to submit a bid bond for the Ralston Avenue project and was determined by City Legal to be Non -Responsive. Additionally, bid irregularities were noted with the construction mobilization unit prices from J.E. Construction and J. Carroll Weaver. The bid documents restrict mobilization to a maximum amount up to 5%. The actual bid price for these two bidders was computed using the mobilization unit price of 5% pursuant to and as required by the bid documents. This resulted in a $40K reduction of the mobilization unit price and total bid from the low bidder, J.E. Construction Services. J.E. Construction Services was notified and acknowledged the requirement. Staff recommends waiving of the irregularities in accordance with the bid documents, specifically the Invitation for Bidders that expressly states the City may accept or reject any or all bids and waive any irregularities that are determined to be in the best interest of the City. The Ralston Drive project was bid with Hot -Mix -Asphalt -Concrete (HMAC) and Portland Cement Concrete (PCC) pavement options. The final pavement recommendation of HMAC or PCC pavement is made based on the method described in an informal report to City Council dated June 2, 2017. Projects that are bid with PCC and HMAC alternates, Engineering will recommend the PCC alternate when the construction cost differential is less than $100K per lane mile. The lowest PCC pavement bid was $129,610.59 higher than HMAC which equates to $125,227.62 per lane mile, and exceeds the $100,000 per lane mile differential. ALTERNATIVES: 1. Approve the Ordinance and Authorize the execution of the construction contract as presented (Recommended) 2. Approve the Ordinance and Authorize the execution of the construction contract as using the PCC material (Not Recommended) 3. Do not approve the Ordinance and do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ® Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget 3,219,544.00 3,219,544.00 Encumbered / Expended Amount 115,670.00 115,670.00 Ralston — This Item 1,453,476.33 1,453,476.33 Future Anticipated Expenditures This Project 360,174.67 360,174.67 BALANCE 1,290,223.00 1,290,223.00 Fund(s): Operating Comments: This project requires approximately 180 calendar days for construction with anticipated completion in February 2018. The construction contract will result in the expenditure of an amount not to exceed $1,453,476.33. RECOMMENDATION: City staff and the design engineer recommend waiving the mobilization bid price irregularity and to award the contract to the lowest bidder, J.E. Construction Services, in the amount of $1,453,476.33 for the HMAC pavement option. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation RSRP Test Project Streets Presentation Ralston Form 1295 Letter of Recommendation CCAR — Bidding Asphalt vs. Concrete Ordinance amending the Fiscal Year 2017 Operational Budget adopted by Ordinance No. 030965 by increasing expenditures in the amount of $1,000,000 in Fund 1042 Residential / Local Streets and authorizing the City Manager, or designee, to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of $1,453,476.33 for the Ralston Avenue - Staples Street to Alameda Street for Base Bid B — HMAC (Asphalt) as part of the Residential Street Rebuild Program (RSRP) test projects. WHEREAS, the City publicly opened bids for Ralston Avenue - Staples Street to Alameda Street for Base Bid B — HMAC ("Project") on June 28, 2017; WHEREAS, the Section 01 29 01 of the Bid Documents specified the mobilization bid price could not exceed 5% of the total Contract Price; WHEREAS, the mobilization bid price submitted by J.E. Construction Services exceeded 5% of the total bid price; WHEREAS, the 5% mobilization specified in the Bid Documents takes precedence over the amount submitted by the contractor and will be used when determining the lowest responsible bidder and awarding the contract; WHEREAS, J.E. Construction Services is the lowest responsive, responsible bidder. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. SECTION 2. The FY 2017 Operational Budget adopted by Ordinance No. 030965 is amended to increase the expenditure budget in Fund 1042 - Residential / Local Streets, Org - 12440 Residential Street Reconstruction in the amount of $1,000,000. SECTION 3. The City Manager or designee is authorized to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of $1,453,476.33 for the Ralston Avenue - Staples Street to Alameda Street for Base Bid B — HMAC (Asphalt) as part of the Residential Street Rebuild Program (RSRP) test projects. 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 Debbie Lindsey -Opel 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 Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor PROJECT BUDGET ESTIMATE Residential Street Reconstruction Program Ralston Avenue (Staples Street to Alameda Road) - E16271 PROJECT FUNDS AVAILABLE: Residential/Local Street Fund (1042) FY 2016-2017 4,290,000 Less Rogerson Drive (E16270) Project Budget (1,070,456) TOTAL 3,219,544 FUNDS REQUIRED: Construction (THIS ITEM): 1,453,476 Streets 1,032,267 Utilities 421,209 Storm Water 329,405 Water 91,804 Contingency (10%) 145,348 Testing and Inspection. 102,277 Construction Inspection (Estimate) 68,250 Geotechnical Testing 6,250 Construction Materials Testing (Estimate) 27,777 Design Fee and Geo -Technical Fees. 109,420 Preliminary Design (Urban Engineering) 21,000 Engineering Design (Urban Engineering) 88,420 Reimbursements. 118,801 Contract Administration (Engineering/Finance/Capital Budget) 52,650 Engineering Services (Project Mgt/Constr Mgt) 65,813 Misc. (Printing, Advertising, etc.) 338 TOTAL 1,929,321 ESTIMATED PROJECT BUDGET BALANCE 1,290,223 Portland Surs:at Lakya Park 541 Texas Siale Aquarium pus Christi ratio alf part 44A 1E1 A Sl 221 1 E �lh f Corpus ChristF PROJECT LOCATION 431 20A 7434 Ward fsiarid LOCATION MAP NOT TO SCALE Spio 0 NAS Corpus Christi Project Number: E16271 Ralston Avenue Improvements Staples St to Alameda St CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES e.ea••••.i R. 4. Residential Street Rebuild Program (RSRP) Test Projects - Ralston Avenue & Rogerson Drive Council Presentation July 25, 2017 Background ➢ Aug 2016 —Approved Resolution to Perform Test Projects ➢ Dec 2016 — Awarded Design Contracts ✓ Appropriated $ 2.5M - Fund 1042 (Residential Reconstruction) Fund Balance ✓ Ralston Avenue — Urban Engineering ($88,420) ✓ Rogerson Drive — Freese & Nichols, Inc. ($97,764) ✓ Motion of Direction - Bid Projects Both Concrete & Asphalt ➢ Mar 2017 — Bid Projects ➢ Jun 2017 — Held Public Meetings ✓ Rogerson — 12 Attendees ✓ Ralston — 33 Attendees Project Locations 'co fi /7k6,b 41c4. Ike ,Q ci/e p oo Project Locations Ralston Ave Project #: E16271 Rogerson Dr Project #: E16270 Work Products ➢ Up-to-date costs for residential street reconstruction ✓ Previously using 2008 costs ($125/sY) ✓ Current bid costs o HMAC -$ 119/SY o Concrete - $ 136 / SY ➢ Design & execution protocols for residential streets ✓ Design considerations o Tied sidewalks ✓ Construction execution o Tree removal o Block by block sequencing o Parking ✓ New or revised communications tools o Door hanger notifications o New Project signs o Web page Highlighted Points ➢ New Vendor participation ➢ More Bid Proposals ✓ Ralston o Concrete — 2 Bids o HMAC-5 Bids ✓ Rogerson o Concrete — 3 Bids o HMAC-6 Bids ➢ Bids came in below estimates ✓ Original Project estimate - $3.8 M ✓ Current Project estimate - $3.0 M Program Communications Branding ➢ In residential neighborhoods ➢ Set at Project limits ➢ Present during construction 6 Timelines 411 2016 c'-0 . _fm o z 0 u_ 2017 c,_ (1' = < " 0 < CO 0 z 0 . _a u_ 2018 c,_ (1' = 0 < —< cr) TEST PROJECT Prelim Dsg Design Bic Construction R IBUILD PROGRAM I 1 RFQ - Design Firms 1AE Award' Bid 1 1 TODAY Corpus Chr sti Engineering 7 cQi) Corpus Chr sti Engineering Ralston Avenue Staples Street to Alameda Street Residential Street Rebuild Program Test Projects Council Presentation July 25, 2017 Project Location Corpus Chsti Engineering Corpus Christi irRALSTON AVENUE • 7-0_ ce6). cf) ,-- 2 Project Vicinity �hrsti Engineering 3 Project Scope Corpus Chr°sti Engineering ➢ Ralston Avenue: ✓ Full -depth reconstruction of the street o Hot -Mix -Asphalt -Concrete (HMAC) pavement ✓ 5 -foot tied sidewalks on both sides ✓ ADA- compliant ramps ✓ Replacement of concrete driveway aprons ✓ New curb & gutter - full length on both sides ✓ Utilities improvements — o New inlets & minor storm water adjustments o new fire hydrants and o minor water adjustments Project Schedule Corpus Chr°sti Engineering 2017 2018 June July August Bid / Award September October November December January February Construction Construction Estimate: 180 working days Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lcif 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: 2017-233333 Date Filed: 07/07/2017 Date Acknowledged: ,1 Name of business entity filing form, and the city, state and country of the business entity's place of business. JE Construction Services 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 govemmental 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. E16271 Ralston Avenue Improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary I 5 Check only if there is NO Interested Party. 6 AFFIDAVIT 1 ,�4iT iU KAREN JUST !rbN , Notary Public. Slone of Texas ;; res MyCammimmisstonExpires en;\iap October 30. 2016 � AFFIX NOTARY STAMP / SEAL ABOVE Sworn t d subscribed before me, by the saidGKA-''.. I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contr-'mess entity �r�1? , this the day o 20, to c- '' : hich, witness my hand and seal of office. —C --4--041J/— i -: nis goath Pr Signature of oflru ed na e of o icer administering oath a of officer admin stering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 1,1 1� RBAN ENGINEERING July 3, 2017 J. H. Edmonds, P. E. City of Corpus Christi P 0 Box 9277 Corpus Christi, Texas 78469 Subject: RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDA City Project No.: E16271 Dear Jeff: Job No. 43125.00.00 TRANSMITTED VIA EMAIL AND ORIGINAL MAILED Urban Engineering has received a copy of, and reviewed all of the bids submitted for the subject project. We have also received and reviewed the information required in the Statement of Experience submitted by the three low bidders. We have found the bid packages and experience records of all three low bidders to be satisfactory. Attached please find a Bid Tabulation and copies of the Statement of Experience for each of three low bidders. The proposal included bid alternatives. Total Base Bid A — Concrete and Total Base Bid B —Asphalt. The base bid proposals were the same with exception of street pavement section. Based upon staff criteria for lane -mile cost Base Bid B- Asphalt is the more effective alternative. All three Base Bid B — Asphalt bids are lower than the Base Bid A — Concrete alternative with the low Base Bid B — Asphalt being 8.9% lower than the low Base Bid A — Concrete bid. It is the recommendation of Urban Engineering that Base Bid B —Asphalt be awarded to JE Construction Services for a contract total of $1,453,476.33. The original budget for construction cost was $2,065,349.00. MFH/ek Enclosure xc: JE Construction Services (361)854-3101 Sincerely, URBAN ENGINEERING Murray F. Hudson, P. E. 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 INFORMAL STAFF REPORT MEMORANDUM To: Thru: Margie C. Rose, City Manager ilk Mark Van Vleck, P.E., Assistant City Manage J�` Valerie H. Gray, P.E., Executive Director Public Works From: Jeff Edmonds, P.E., Director of Engineering Services -- Date: June 2, 2017 Subject: CITY COUNCIL ACTION REQUEST (CCAR) — April 25, 2017 BIDDING STREET BOND PROJECTS WITH BOTH PORTLAND CEMENT CONCRETE (PCC) AND HOT -MIX -ASPHALT -CONCRETE (HMAC) ISSUE: During the April 25, 2017 Councilmember Guajardo requested analysis on how to evaluate bids when projects are designed with both PCC and HMAC. BACKGROUND & FINDINGS: As per the attached memorandum, several of the Bond 2012 and Bond 2014 projects are being designed with both HMAC and PCC pavements. When projects are designed both ways, a 30 -year design life is assumed, and the required pavement section is determined based on the Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures. Recommendations to City Council have historically been based on the lowest priced construction bid, The one exception is the Kostorytz Road project (2012 Prop 1). In the case of Kostoryz, the cost differential to award the concrete alternative was bid price For concrete was $35,489.85 or less than 0.5% of total project cost. That was an easy recommendation but does raise the question of how award recommendations will be made when the decision is a closer call. Life -Cycle Cost Analysis (LCCA): There is abundant literature on how to conduct LCCA relative to infrastructure investment alternatives. LCCA is a tool to help agencies make economically sound decisions when project alternatives have varying cost patterns over the asset's service life. LCCA seeks to incorporate a total cost approach that considers all relevant costs, rather than just up front cost, when evaluating alternatives. These analyses can become quite complex and involve hundreds of inputs. LCCA for HMAC versus PCC pavements: The Federal Highway Administration (FHWA) began promoting pavement LCCA in the 1990's, A great deal of research has been published on the application of LCCA to the question of HMAC versus PCC pavements. Various Departments of Transportation have developed LCCA policies and some have developed software to help with LCCA. Typically a large number of assumptions are required such as timing of future activities, costs of future maintenance, a discount rate for future cash flows, user impacts from future construction, etc. These analyses can become burdensome and may increase confusion. Potential Budget Impacts: While LCCA is useful to help agencies select alternatives with an overall lower cost, it does not address the budget impacts of doing so. It is assumed that PCC offers maintenance savings over HMAC pavements and that those savings support a decision to pay a certain premium for PCC pavement. The question still exists, though, of how to budget for that additional up front cost. The savings result from future maintenance cost reductions. Those savings are not currently available to fund a higher cost bid award. Current Bond programs do not have an allowance set aside for additional construction costs even if they are justified by LCCA. This issue will need to be addressed for future Bond programs. It may require increasing project budgets to allow for a certain percentage of projects to be awarded to the higher bid price alternative. RECOMMENDATION: Engineering Services has performed some preliminary LCCA comparing the maintenance cost differential between PCC and HMAC. The LCCA confirms that PCC provides maintenance cost savings over HMAC. The maintenance cost savings justify paying a higher construction cost for a PCC roadway. The maintenance cost savings with PCC are estimated at $100,000 per lane -mile ($14.20/square yard). Where projects are designed and bid with HMAC and PCC, Engineering Services will consider those maintenance cost savings when making the bid award recommendation. If the PCC pavement bid alternate is within $100,000 per lane -mile of the HMAC bids, Engineering will recommend the PCC alternative. For illustration purposes, the recent Yorktown Boulevard project included approximately 6 lane - miles of total pavement surface when tum lanes, intersections and bike lanes are included. In that case, Engineering Services would have recommended paying up to an additional $600,000 for the PCC bid alternate. Since the bid price difference between PCC and HMAC was $1.7 million, Engineering recommended the HMAC altemate. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: June 29, 2017 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, CFM, Assistant Director, Planning and ESI DanielMc@cctexas.com (361) 826-7011 Proposed Amendments to the Unified Development Code Codifying Community Home use. CAPTION: Ordinance amending the Unified Development Code to codify Community Home use in residential districts; providing for severance; providing for penalty; providing for publication; and effective date. PURPOSE: The purpose of this item is to clarify Community Home uses in the regulations of the Unified Development Code (UDC) to ensure compliance with the Texas Human Resource Code §123.003 (a). A Community Home is defined as a place where food, shelter, personal guidance, care, habitation services, and supervision are provided to not more than six persons with a disability. BACKGROUND AND FINDINGS: The Unified Development Code (UDC) became effective July 1, 2011. As part of the continued improvement to address the City's development needs staff has presented several text amendments that have been approved by the Planning Commission and City Council since the adoption of the UDC. To ensure compliance with State law, staff proposes the following new text amendments: 1. Subsection 1.11.3 Defined Terms: Adding the definition of Community Home: A place where food, shelter, personal guidance, care, habitation services, and supervision are provided to not more than six persons with a disability and meets the requirements and limitations of the Community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code. 2. Article 4, Table 4.3.2 and Table 4.4.2: Adding Community Home as a permitted use in all Single -Family and Multifamily districts to the Permitted Uses Tables. Community Home use is permitted in Commercial districts that permit Group Living uses by right. 3. Section 5.2 Specific Standards: Adding new subsection 5.2.26 Community Homes, to define standards for Community Home uses in all districts. A. Use: The use and operation of a Community Home for Disabled Persons that meet the requirements of the Community Homes for Disabled Persons Location Act, Chapter 123 Texas Human Resources Code is authorized in any residential zoning district. B. Limitation on Number of Residents: No more than six persons with disabilities and two supervisors. C. License Requirements: as established in the Community Homes for Disable Persons Location Act, Chapter 123, Texas Human Resources Code. D. Location Requirement: Within a residential zoning district, a Community Home may not be established within one-half mile of an existing Community Home. E. Limitation on the Number of Motor Vehicles: no more than one motor vehicle per bedroom. ALTERNATIVES: Denial or alteration of the proposed text amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed text amendments conform to City policy. EMERGENCY /NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Development Services, Planning and ESI, Planning Commission - recommended approval on June 14, 2017 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 RECOMMENDATION: Staff recommends approval of the amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Unified Development Code to codify Community Home use in residential districts; providing for severance; providing for penalty; providing for publication; and effective date. WHERAS, use of a Community Home in a residential district may not be restricted pursuant to Texas Human Resource Code §123.003 (a) as follows: "(a) The use and operation of a community home that meets the qualifications imposed under this chapter is a use by right that is authorized in any district zoned as residential." WHEREAS, the Planning Commission has recommended the City Council approve this amendment of the City of Corpus Christi, Texas ("City") Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 14, 2017, during a meeting of the Planning Commission, and on Tuesday, July 25, 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 to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article 1, Section 1.11, subsection 1.11.3 entitled "Defined Terms" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Community Home: A place where food, shelter, personal guidance, care, habilitation services and supervision are provided to not more than six persons with a disability and meets the requirements and limitations of the Community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code. SECTION 2. Article 4, Section 4.3, subsection 4.3.2, Table 4.3.2 entitled "Permitted Uses (single- family district)"; Section 4.4, subsection 4.4.2, Table 4.4.2 entitled "Permitted Uses (Multifamily)"; and Section 4.5, subsection 4.5.2, Table 4.5.2 entitled "Permitted Uses (commercial zoning districts)" are being amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Page 1 Table 4.3.2 Permitted Uses (Single-family districts SINGLE-FAMILY DISTRICTS P = Permitted Use SP = Special Permit L = Subject to Limitations [blank cell] = SUE = Special Use Exception Not Permitted FR RE RS- 22 RS- 15 RS- 10 RS- 6 RS- 4.5 Standards Residential Uses Single-familydetached house except: P P P P P P P L Industrialized / Modular Housing L L L L L L L 4.3.7 Manufactured Housing P P P Semi -attached house P 6.1.1 Zero lot line house (RE: provides for 1 acre lots whereby zero lot line configurations are not P L L L L L L 4.3.5 Traditional house P L L L L L 4.3.5 Semi -attached house Apartment L L P 4.3.5 Group home (6 or fewer residents) P P P P P P P 4.7 Community Home P P P +4' -P 5.2.26 Table 4.4.2 Permitted Uses (multifamily districts MULTIFAMILY DISTRICTS P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted RS- RS-TH RM -1 RM -2 RM -3 RM -AT Standards Residential Uses Single-familydetachedhouse P P P P P Zero lot line house L L L L L 4.3.5 Traditional house P P P P P Semi -attached house P P P P P Two-family house P P P P P Townhouse P P P P P P Apartment P P P P Cottage Housing Development P P P P P P 4.7 Group homc (6 or fcwcr residcnts) +4' -P Group Living Uses except for: P P P P Nursing or convalescent home P P Group home (6 or fewer residents) Community Home 5.2.26 Page 2 SECTION 3. Article 5, Section 5.1, subsection 5.1.2.B entitled "Group Living"; Section 5.2 entitled "Specific Standards" by adding subsection 5.2.26 entitled "Community Homes" of the UDC are amended by the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 5.1.2.B. Grou • Livin Characteristics: Residential occupancy of a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care or training. Principal Uses Assisted living facility Boarding, rooming or lodging house Community Home Dormitory Group home (6 or fewer residents) Hospice Fraternity or sorority Monastery or convent Nursing home Orphanage Accessory Uses Associated office Food preparation and dining facility Off-street parking of vehicles for occupants and staff Recreational facility Satellite dish antenna under 3.2 feet* Uses Not Included Alternative or post -incarceration facility (see Social Service) Bed and breakfast home or inn, hotel, motel, inn, extended -stay facility (see Overnight Accommodations) Group home for the physically, , mentally and emotionally challenged that are not considered single-family residences (7 or more residents) (see Social Service) Group home for drug and alcohol treatment (see Social Service) Hotel or motel (see Overnight Accommodations) Transient lodging or shelter for the homeless (see Social Service) Treatment center (see Social Service) *See additional standards in Subsection 5.3.2 5.2.26 Community Home (Ordinance 030769, 02/16/2016) A. Use The use and operation of a Community Home for Disabled Persons that meets the requirements of the Community Homes for Disabled Persons Location Act, Chapter 123 Texas Human Resources Code is authorized in any residential zoninq district. B. Limitation on Number of Residents Not more than six persons with disabilities and two supervisors may reside in a Community Home at the same time. The limitation on the number of persons with disabilities applies regardless of the legal relationship of those persons to one another. C. Licensing requirement A Community Home must meet all applicable licensinq requirements of the Community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code. D. Location requirement Within a residential zoninq district, a Community Home may not be established within one-half mile of an existing community home. E. Limitation on the Number of Motor Vehicles Residents of a Community Home may not keep, on the premises of a Community Home or on the public rights-of-way adjacent to the Community Home, more than one motor vehicle per bedroom for the use of residents of the home. Page 3 SECTION 4. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 7. This ordinance is effective immediately upon passage. Page 4 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 Debbie Lindsey -Opel 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 Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 5 Unified Development Code Text Amendment for Community Home Uses City Council Presentation July 25, 2017 Definition of Community Home Community Home: A place where food, shelter, personal guidance, care, rehabilitation services and supervision are provided to not more than six persons with a disability and meets the requirements and limitations of the Community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code. Use Regulations 5.1.2.B. Group Living Characteristics: Residential occupancy o a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents and the residents may receive care or training. Principal Uses Accessory Uses Uses Not Included Assisted living facility Boarding, rooming or lodging Associated office Food preparation and dining Alternative or post -incarceration facility (see Social Service) house facility Bed and breakfast home or inn, Community Home Off-street parking of vehicles for hotel, motel, inn, extended -stay Dormitory occupants and staff facility (see Overnight Group home (6 or fewer residents) Recreational facility Satellite Accommodations) Hospice dish antenna under Group home for the physically, , Fraternity or sorority 3.2 feet* mentally and emotionally challenged Monastery or convent that are not considered single-family Nursing home residences (7 or more residents) Orphanage (see Social Service) Group home for drug and alcohol treatment (see Social Service) Hotel or motel (see Overnight Accommodations) Transient lodging orshelter for the homeless (see Social Service) Treatment center (see Social Service) 'See additional standards in Subsection 5.3.2 (Ordinance 030769, 02/16/2016) Characteristics: Residential occupancy of a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care or training. Permitted Zoning Districts ✓ All Single -Family Districts: ✓ Farm -Rural (FR); Residential Estate (RE); Single -Family 22, 15, 10, 6, 4.5 (RS -22, RS -15, RS -10, RS -6, RS -4.5). ✓ All Multifamily Districts: ✓ Two -Family (RS -TF); Townhouse (RS-TH); Multifamily 1, 2, 3 (RM -1, RM -2, RM -3); Multifamily AT (RM -AT). ✓ Most Commercial Districts (where Group Living Uses Permitted): ✓ Neighborhood Commercial 1 and 2, (CN -1, CN -2); Neighborhood Office (ON); Resort Commercial 1, 2, 3 (CR -1, CR -2, CR -3); General Commercial 2 (CG -2); Downtown Commercial (CBD). Not Permitted Zoning Districts x A Few Commercial Districts: x General Commercial 1 (CG -1); Intensive Commercial (CI); Business Park (BP). x All Industrial Districts x Light Industrial (IL); Heavy Industrial (IH). Specific Standards 5.2.26 Community Home A. Use The use and operation of a Community Home for Disabled Persons that meets the requirements of the Community Homes for Disabled Persons Location Act, Chapter 123 Texas Human Resources Code is authorized in any residential zoning district. B. Limitation on Number of Residents Not more than six persons with disabilities and two supervisors may reside in a Community Home at the same time. The limitation on the number of persons with disabilities applies regardless of the legal relationship of those persons to one another. Specific Standards, Continued C. Licensing requirement A Community Home must meet all applicable licensing requirements of the Community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code. D. Location requirement Within residential zoning districts, a Community Home may not be established within one-half mile of an existing community home. E. Limitation on the Number of Motor Vehicles Residents of a Community Home may not keep, on the premises of a Community Home or on the public rights-of-way adjacent to the Community Home, more than one motor vehicle per bedroom for the use of residents of the home. Recommendation Staff and Planning Commission recommend approval to amend the UDC to codify Community Home use in residential districts pursuant to the Texas Human Resource Code § 123.003 (a). AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: TO: July 10, 2017 Margie Rose, City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Ordinance accepting an amendment to the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, and appropriation of the funds for the contract period October 1, 2017 through September 30, 2018 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000.00, increasing the total amount to $150,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2018; and appropriating the increased grant amount. PURPOSE: To provide funding for the Health Department to implement targeted and evidence -based community systems and environmental change strategies that address one or more of the following Texas Healthy Communities (TXHC) Priority Indicators: Indicator 1: Physical Activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality The Health Department will also work with a local public/private planning group to plan and implement the identified strategies. BACKGROUND AND FINDINGS: The following performance measures will be used to assess, in part, the Health Department's effectiveness in providing services required by the grant: 1) Develop, complete and submit a Project Work Plan in conjunction with DSHS. The Work plan must include objectives with supporting activities that address indicators identified in the FY 2017 TXHC assessment as needing improvement. A Project Work Plan Draft must be submitted, reviewed and approved by DSHS prior to the final version submission date. The Project Work Plan draft must be submitted to DSHS on or before October 17, 2017 and the final Project Work Plan submission is due to DSHS on or before October 31, 2017. 2) Develop and submit an Evaluation Plan to DSHS. An Evaluation Plan Draft must be reviewed and approved by DSHS prior to the final version submission date. The Evaluation Plan Draft must be submitted on or before November 16, 2017 and the final Evaluation Plan version is due to DSHS on or before November 30, 2017. 3) Submit an Interim Progress Report Draft to DSHS for review on or before March 19, 2018. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 30, 2018. 4) Conduct, complete and submit the Texas Healthy Communities Assessment Draft in the Performance Management and Tracking System by May 16, 2018. DSHS will review and approve Draft submission prior to submission of final report in Performance Management and Tracking System (PMATS) on or before May 31, 2018. 5) Submit a Final Progress Report Draft to DSHS for review and approval on or before August 31, 2018. Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 14, 2018. 6) Participate in twelve monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 31st, November 28th, December 31st, January 30th, February 28th, March 31st, April 30th, May 29th, June 30th, July 31st, August 31st, and September 30th. Contractor will submit written monthly reports as directed by DSHS. ALTERNATIVES: Refuse the grant and not provide the services required under the grant. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings begin October 1, 2017. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: • •Operating • •Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $50,000 $50,000 BALANCE $50,000 $50,000 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016 -003808D -Amendment #04 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/T(HC) grant in the amount of $50,000.00, increasing the total amount to $150,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2018; and appropriating the increased grant amount. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept an amended grant amount of $150,000.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of October 1, 2015, through September 30, 2018, to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators. Section 2: That the increased grant amount of $50,000.00, is appropriated in the No. 1066 Health Grants Fund to continue the HPCDP/TXHC grant in the Health Department. Section 3: The amendment includes revisions to Section 7, II Performance Measures and Section 15 Programmatic Reporting requirements. Section 4: A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 2016-003808D AMENDMENT NO. 4 The Department of State Health Services ("DSHS") and Corpus Christi-Nueces County Public Health District (City) ("Contractor"), parties to that certain Texas Healthy Communities Grant contract effective October 1, 2015 and denominated HHSC Contract No. 2016-003808-00 as amended (the "Contract"), now desire to further amend the Contract. WHEREAS, the Parties wish to revise the Scope of Work, and WHEREAS, the Parties wish to extend the term of the Contract to allow for successful completion of the Project; and WHEREAS, these revisions will result in an increase in contract value. NOW, THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. SECTION 2 of the Contract, Total Amount, is amended to add FIFTY TIIOUSAND DOLLARS ($50,000.00) for the period of October 1, 2017 through September 30, 2018 for a total contract amount not to exceed ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000). Contractor will be paid on a cost reimbursement basis and in accordance with the budget in ATTACHUIENT B.2 of this contract. 2. SECTION 4 of the Contract, Term of the Contract, is hereby amended to reflect a termination date of September 30, 2018. 3. SECTION 7 of the Contract, Performance Measures, is amended to add the following: Contractor shall: 1. Develop, complete and submit a Project Work Plan in conjunction with DSHS. The Work plan must include objectives with supporting activities that address indicators identified in the FY 2017 TXHC assessment as needing improvement. A Project Work Plan Draft must be submitted, reviewed and approved by DSHS prior to the final version submission date. The Project Work Plan draft must be submitted to DSHS on or before October 17, 2017 and the final Project Work Plan submission is due to DSHS on or before October 31, 2017. 2. Develop and submit an Evaluation Plan to DSHS. An Evaluation Plan Draft must be reviewed and approved by DSHS prior to the final version submission date. The Evaluation Plan Draft must be submitted on or before November 16, 2017 and the final Evaluation Plan version is due to DSHS on or before November 30, 2017. 1 3. Submit an Interim Progress Report Draft to DSHS for review on or before March 19, 2018. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 30, 2018. 4. Conduct, complete and submit the Texas Healthy Communities Assessment Draft in the Performance Management and Tracking System by May 16, 2018. DSHS will review and approve Draft submission prior to submission of final report in Performance Management and Tracking System (PMATS) on or before May 31, 2018. 5. Submit a Final Progress Report Draft to DSHS for review and approval on or before August 31, 2018. Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 14, 2018. 6. Participate in twelve (12) monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 3151, November 28th, December 31st, January 30th, February 28t1', March 31St, April 30th, May 29th, June 30th, July 31St, August 3155, and September 30th. Contractor will submit written monthly reports as directed by DSHS. 4. SECTION 15 of the Contract, PROGRAMMATIC REPORTING REQUIREMENTS, is amended to add the following: Report Name Project Work Plan Evaluation Plan Interim Progress Report Texas Healthy Communities Assessment Report Final Progress Report Financial Status Report (FSR) Financial Status Report Financial Status Report Financial Status Report Frequency Nonrecurring Nonrecurring Annually Nonrecurring Nonrecurring Quarterly Quarterly Quarterl y Quarterly 2 Period Begin Period End Due Date 10/31/2017 11/30/2017 10/0112017 03, 15 2018 03/30/2018 05/31/2018 10/01/2017 08/31/2018 09/14/2018 10/01/2017 12/31/2017 01/31/2018 01/01/2018 03/31/2018 04/30/2018 04/01/2018 06/30/2018 07/31/2018 07/01/2018 09/30/2018 11/15/2018 1. This Amendment No. 4 shall be effective as of October 01, 2017. 2. Except as amended and modified by this Amendment No. 4, all terms and conditions of the Contract, as amended, shall remain in full force and effect. 3. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS 3 DSHS SIGNATURE PAGE FOR AMENDMENT No. 4 HHSC CONTRACT No. 2016-003808D CONTRACTOR By: Name: Janna Zumbrun, M.S.S.W Name: Title: Associate Commissioner for Disease Title: Control and Prevention Annette Rodriguez Director of Public Health Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACUMENT B.2 - CATEGORICAL BUDGET Attachment B.2 Contract No. 2016-003808D Categorical Budget: PERSONNEL $32,328.00 FRINGE BENEFITS $9,537.00 TRAVEL $2,529.00 EQUIPMENT $0.00 SUPPLIES $5,606.00 CONTRACTUAL $0.00 OTHER $0.00 TOTAL DIRECT CHARGES $50,000.00 INDIRECT CHARGES $0.00 TOTAL $50,000.00 Total Budget $50,000.00 Docu GsICUIID Certificate Of Completion Envelope Id: 689C3F5A82A94AA1B673722C69ADCAEE Status Sent Subject: REVISED 5150,000.00; DSHS AMEND NO. 2018-0038080; Corpus Christi- Nueces County PHD. HPCDP-TXHC Source Envelope° Document Pages; 15 Signatures; 0 Envelope Originator Supplemental Document Pages; 0 Initials: 0 Josalyn Wilson Certificate Pages: 3 AutoNav: Enabled Payments' 0 1860 Michael Faraday Dr Envetopeld Stamping: Enabled Reston, VA 20190 Time Zone: (UTC -06 00) Central Time (US & josalyn,wilson@hhsc state tx us Canada) IP Address: 167,137.1.15 Record Tracking Status' Original 4/28/2017 1 4 04 PM Signer Events Patty Melchior Patty,Melchior@dshs.stale.tx,us Resource Director Department State Health Services Security Level; Email Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID, Joe James Joe.james@hhsc,state.tx.us Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID: Annette Rodriguez annetter@cclexas.com Director of Public Health Security Level: Email, Account Authentication (None) Electronic Record and Signature Disdosure Not Offered via DocuSign ID: Janna Zumbrun Janna.Zumbrun@dshs.state.lx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure' Not Offered via DocuSign ID: Holder Josalyn Wilson Location DocuSign Josalyn.wilson@hhsc.stale.tx. us Signature Completed Using IP Address: 160.42.65.9 Completed Using IP Address: 167.137.1.16 Timestamp Sent: 4/28/2017 1 4 23 PM Viewed: 5/112017 12.21 PM Signed: 5/11201712, 22 PM Sent; 511/2017 1 2 23 PM Viewed: 5/13/2017 1 10.43 AM Signed: 5/8/2017110 43 AM Sent: 51812017 1 10.44 AM Viewed: 518/2017 12 50 PM In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Jonah Wilczynski Jonah.wllczynski@dshs,slato.tx.us Contract Manager Texas Health and Human Services Comm.ssian Security Level Email, Account Authentication (Nona) Electronic Record and S;gnature Disclosure. Not Offered via DocuSlgn ID: Justin Davis Justin.davis@dshs.state .tx.us Department of State Health Services Security Level. Email, Account Authentication (None) Electronic Record and S gnature Disclosure Not Offered via DocuSlgn ID: Amy Greene amy.greene@hhsc.stale.tx.us Contract Specialist V Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID Susana Garcia susana.garcta@dshs.state.tx.us Unit Director Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSlgn ID: William M. Uhlarik wiiliamu2@cctexas.com Assistant Director of Public Health Corpus Christi-Nueces County P.H.D. Security Level Email Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID: DSHS CMU Inbox CMUContracts@dshs.texas gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID. Status Status Status COPIED COPIED COPIED COPIED COPIED Timestamp Tlmestamp Timestamp Sent 4/2812017 1 4 23 PM Viewed 5/112017 1 8 07 AM Sent 4/28!2017 14 23 PM Sent 4/28/2017 l 4 23 PM Sent 4128/2017 1 4 23 PM Sent. 518/2017 1 10 44 AM Notary Events Timestamp Envelope Summary Events Envelope Sent Status Timestamps Hashed/Encrypted 5/8/2017 110 44 AM Payment Events Status Timestamps AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: TO: July 10, 2017 Margie C. Rose, City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the IMM/LOCALS Immunization Branch -Locals Grant and Grant Program Income in the amount of $311, 637.00, and appropriation of the funds for the contract period September 1, 2017 through August 31, 2018. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Immunization Branch -Locals (IMM/LOCALS) grant in the amount of $241,637.00 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the contract period September 1, 2017, through August 31, 2018; and appropriating related program income in the estimated amount of $70,000.00 in the Health Grants Fund No. 1066. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to provide immunizations to eligible children, adolescents, and adults, with special emphasis on children three years of age or younger to stop vaccine preventable diseases from occurring in the population of the State of Texas. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $241,637.00 to provide for personnel costs, supplies and other expenses to provide immunizations to eligible children, adolescents, and adults, with special emphasis on children three years of age or younger to stop vaccine preventable diseases from occurring in the population of the State of Texas. ALTERNATIVES: Refuse the grant and discontinue providing immunizations to the population of the State of Texas. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin September 1, 2017. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $311,637.00 $311,637.00 BALANCE $311,637.00 $311,637.00 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. The Department of State Health Services ("DSHS") allows the Health Department to charge fees to administer vaccines provided by the grant; however, any fees collected during each month of the grant must be deducted from each monthly grant reimbursement request made to DSHS. Annual grant program fees are estimated to be $70,000 that have been included in the FY2016-2017 Health Department Budget. RECOMMENDATION: Staff recommends approval of this agenda item LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 537-18-0077-00001 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Immunization Branch -Locals (IMM/LOCALS) grant in the amount of $241,637.00 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the contract period September 1, 2017, through August 31, 2018; and appropriating related program income in the estimated amount of $70,000.00 in the Health Grants Fund No. 1066. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a total grant amount of $241,637.00 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, for the contract period of September 1, 2017 through August 31, 2018, to provide personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger. Section 2: Authorizing the appropriation of an estimated $70,000.00, IMM/LOCALS grant program income in the No. 1066 Health Grants Fund, for a total project cost of $311,637.00. Section 3: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 4: A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor DocuSign Envelope ID: 19E35B26-7287-4C76-88E3-3591 EBB4D887 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 537-18-0077-00001 UNDER THE IMMUNIZATION/LOCALS GRANT PROGRAM I. PURPOSE The Department of State Health Services ("System Agency"), a pass-through entity, and Corpus Christi-Nueces County Public Health District (City) ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for immunization services (the "Contract"). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with 42 USC 247b; 42 USC 243; 42 USC 300aa-3, 300aa-25, and 300aa-26; 42 USC 1396s; Chapter 791 of the Texas Government Code, and Chapters 81, 161 and 1001 of the Texas Health and Safety Code. IH. DURATION The Contract is effective on September 1, 2017 and terminates on August 31, 2018, unless renewed or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. IV. BUDGET The total amount of this Contract will not exceed Two HUNDRED FORTY-ONE THOUSAND SIX HUNDRED THIRTY-SEVEN DOLLARS ($241,637.00). The System Agency will act as a pass- through entity for up to ONE HUNDRED SEVEN THOUSAND FIVE HUNDRED TWELVE DOLLARS (5107,512.00). The remainder, ONE HUNDRED THIRTY-FOUR THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS ($134,125.00), will be provided from state funds. All expenditures under the Contract will be in accordance with ATTACHMENT B, BUDGET. V. CONTRACT REPRESENTATIVES The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Aeencv Department of State Health Services 1100 West 49th Street Austin, Texas 78756 Attention: Tray Kirkpatrick tray.kirkpatrickndshs.state.tx.us System Agency Contract No. 537-18-0077-00001 Page 1 of 3 v. 11.15.2016 DocuSign Envelope ID. 19E35B26-72B7-4C76-88E3-3591 EBB4D887 Grantee Corpus Christi-Nueces County Public Health District (City) 1702 Home Road Corpus Christi, Texas 78416 Attention: Annette Rodriguez annetter(cctexas.com VL LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Department of State Health Services Attention: Lisa Hernandez 1100 W. 49th Street, MC 1911 Austin, TX 78756 Grantee Corpus Christi-Nueces County Public Health District (City) 1702 Home Road Corpus Christi, Texas 78416 Attention: Annette Rodriguez annetterralcctexas.com Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notice by written notice to the other Party. D. ADDI"l IONAL GRANT INFORMATION Federal Award Identification Number (FAIN): H23IP000773 Federal Award Date: 9108,2016 Name of Federal Awarding Agency: Centers for Disease Control and Prevention CFDA Name and Number: Immunization and Vaccines for Children Program 93.268 Awarding Official Contact Information: SeQuoyah Hill, Office: (770) 488-8350; email: kwj3(a,cdc.gov DUNS: 069457786 v. 02.01.2016 SIGNATURE PAGE FOLLOWS System Agency Contract No. 537-18-0077-00001 Page 2 of 3 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO. 537-18-0077-00001 DEPARTMENT OF STATE HEALTH SERVICES GRANTEE Name: Janna Zumbrun Title: Associate Commissioner Disease Control and Prevention Name: Annette Rodriguez Title: Heal th Di rector Date of execution: THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT No. 537-18-0077-00001 ARE HEREBY INCORPORATED BY REFERENCE: ATTACHMENT A - ATTACHMENT B - ATTACHMENT C - ATTACHMENT D - ATTACHMENT E - ATTACHMENT F - v. 02.01.2016 STATEMENT OF WORK BUDGET UNIFORM TERMS AND CONDITIONS SUPPLEMENTAL & SPECIAL CONDITIONS FEDERAL ASSURANCES AND CERTIFICATIONS FFATA roved as to for s tant C' Att Forty Attorney System Agency Contract No. 537-18-0077-00001 Page 3 of 3 DocuSign Enveiope ID. 19E35B26-72B7-4C76-88E3-3591 EBB4D887 ATTACHMENT A STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES Grantee will: A. Implement and operate an immunization program for children, adolescents, and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children three (3) years of age or younger (birth to 35 months of age). Contractor shall incorporate traditional and non-traditional systematic approaches designed to eliminate barriers, expand immunization capacity, and establish uniform operating policies, as described herein. B. Be enrolled as a provider in the Texas Vaccines for Children (TVFC) and the Adult Safety (ASN) Programs by the effective date of this Program Attachment. This includes a signed Deputization Addendum Form (E6-102) and adherence to the TVFC Operations Manual and associated TVFC policy guidelines provided by the DSHS Immunization Unit (located at http://www.dshs.state.tx.us/immunize/tvfc/tvfc manual.shtm). C. Comply with written policies and procedures provided by DSHS in managing vaccines supplied through the ASN and TVFC Programs, including guidelines for proper storage, handling, and safeguarding of vaccines in the event of natural disaster. Contractor shall comply with all requirements laid out in the final, approved Work Plan (Exhibit A). 1. Contractor will use the current vaccine management system as described in the TVFC Operations Manual. 2. Contractor will notify ASN and TVFC providers of changes to vaccine storage and handling, vaccine management reporting, and present updates and training to providers, as requested by DSHS. Contractor will plan and implement community-based activities and collaborations to accomplish the required tasks as specified in the final, approved Work Plan (Exhibit A). D. Report all notifiable conditions as specified in Texas Administrative Code (TAC) Title 25, Part I §§ 97.1-97.6 and §§ 97.101-97.102, and as otherwise required by law. E. Report all vaccine adverse event occurrences in accordance with the 1986 National Childhood Vaccine Injury Act (NCVIA) 42 U.S.C. § 300aa-25 (located at http:,;/vaers.hhs.gov/ or 1-800- 822-7967). F. Inform and educate the public about vaccines and vaccine -preventable diseases, as described in the DSHS Immunization Contractors Guide for Local Health Departments (located at http:/Iwww.dshs.state.tx.us/immunizeldocsicontractor El 1- 13985 FY2018_ContractorsGuide.pdf). System Agency Contract No 537-18-0077-00001 v. 02.01.2016 Page 1 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591EBB4D887 ATTACHMENT A STATEMENT OF WORK G. Conduct outreach and collaborative activities with American Indian tribes located within the boundaries of the contractor's jurisdiction. H. Work to promote a health care workforce within the Local Health Department's (LHDs) service area (including Contractor's staff) that is knowledgeable about vaccines, vaccine safety, vaccine -preventable diseases, and delivery of immunization services. I. Not deny vaccinations to recipients because they do not reside within Contractor's jurisdiction or because of an inability to pay an administration fee. J. Comply with all applicable federal and state regulations and statutes, including but not limited to: 1. Human Resources Code §42.043, VTCA; 2. Education Code §§38.001-38.002, VTCA; 3. Health and Safety Code §§12.032, 81.023, and 161.001-161.009, VTCA; 4. TAC Title 25, Chapter 97; 5. TAC Title 25, Chapter 96; 6. TAC Title 25, Chapter 100; 7. 42 USC §§247b and 300 aa -25; 8. Omnibus Budget Reconciliation Act of 1993, 26 USC §4980B. K. Comply with current applicable state and federal standards, policies and guidelines, including but not limited to DSHS's Standards for Public Health Clinic Services, revised August 31, 2004 (located at http:/.,www.dshs.state.tx.us'gmbr'default.shtm#public). L. Be responsible for identification and case management of all surface antigen (HBsAg) -positive pregnant women. Contractor shall ensure timely newborn post exposure prophylaxis (PEP) with hepatitis B vaccine and hepatitis B immune globin (HBIG), timely completion of doses two and three of hepatitis B vaccine, and timely completion of post -vaccination serologic testing (PVST). M. Be responsible for conducting outreach regarding vaccinations for children (19 through 35 months of age in the Contractor's jurisdiction) included on the list distributed to Contractor by the ImmTrac Group at DSHS. Lists are distributed through ImmTrac at the start of each quarterly reporting period (September 01, 2017; December 01, 2017; March 01, 2018; and June 01, 2018). N. Be responsible for conducting outreach to 17-year-olds included on the lists distributed to the Contractor by the ImmTrac Group at DSHS to explain the lifetime registry and obtain their consent to remain in ImmTrac as an adult. Lists are distributed on October 1, 2017; December 1, 2017; February 1, 2018; April 1, 2018; June 1, 2018; and August 1, 2018. System Agency Contract No. 537-18-0077-00001 v 02.01.2016 Page 2 DocuSrgn Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887 ATTACHMENT A STATEMENT OF WORK 0. Be responsible for conducting outreach to new ImrnTrac providers who have logged into Irum Trac within 30 days of registering. Lists of these providers are distributed at the beginning of each month. P. Be responsible for conducting outreach to existing ImmTrac providers that have not logged in into lmmTrac in the last 90 days. Lists are distributed on September 1, 2017; November 1, 2017; January 1, 2018; March 1, 2018; May 1, 2018; and July 1, 2018. Receive written approval from DSHS before varying from applicable policies, procedures, protocols, and/or work plans, and must update and disseminate its implementation documentation to its staff involved in activities under this contract within forty-eight (48) hours of making approved changes. Q. R. Review monthly contract funding expenditures and salary savings from any contract -paid staff vacancies and revise spending plan to ensure that all funds will be properly expended under this contract before the end of the contract term on August 31, 2018. S. Send at least one representative to Immunization Unit mandatory meetings held in Austin, including the 1) Immunization Unit local health department held in the fall of every year and the 2) TVFC Annual Training held in January/February of every year. Additional mandatory meetings may be required during the contract term. T. Submit out of state travel requests to the Immunization Unit for approval when utilizing contract funds or program income. U. Agree DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a monthly basis. If expenditures are below what is projected in Contractor's total Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. V. The following performance measure(s) will be used, in part, to assess Contractor's effectiveness in providing the services described in this Program Attachment, without waiving the enforceability of any of the terms of the Contract. AA. Investigate and document, in accordance with DSHS Emerging and Acute Infectious 1. Disease Investigation Guidelines (located at 2. http:.Ywww.dshs.state.tx.us/idcu/investiaation/conditions/) and NBS Data Entry Guidelines, at least 90% of confirmed or probable reportable vaccine -preventable disease cases within thirty (30) days of initial report to public health. BB. Complete 100% of the follow-up activities, designated by DSHS, for TVFC provider quality assurance site visits assigned by DSHS. System Agency Contract No. 537-18-0077-00001 v. 02.01 2016 Page 3 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887 ATTACHMENT A STATEMENT OF WORK CC. Ship overstocked vaccines and vaccines approaching expiration to alternate providers for immediate use when instructed to do so by the DSHS Health Service Region (HSR) Immunization Program Manager to avoid vaccine waste. Contractor is responsible for covering the cost to ship overstocked vaccines and vaccines approaching expiration. DD. Contact and provide case management to 100°0 of the number of hepatitis B surface antigen -positive pregnant women identified. EE. Contact 3°o or 250 children (whichever is more) per each Full Time Equivalent (FTE) contract employee position, who are not up-to-date on their immunizations according to the ImmTrac-generated client list provided to the contractor by DSHS at the beginning of each reporting period. FF. Perform outreach and education activities targeting adolescents 14 to 18 years of age and their parents via health-care providers, health-care clinics, hospitals, and any other health- care facility providing health care to adolescents 14 to 18 years of age to satisfy Texas Health and Safety Code Chapter 161, Subsection A, Section 161.0095 requirements. Outreach and education activities must focus on the immunization registry and the option for an individual who is 18 years of age or older to consent to having their immunization records stored within the immunization registry. Additional outreach and educational activities may focus on high schools, colleges, and universities. GG. Participate in at least one collaborative meeting concerning tribal health issues, concerns, or needs with American Indian tribal members during the contract term if American Indian tribes are in their jurisdiction. HH. Report outreach done, and collaborative efforts made, with the American Indian tribes in the contractor's jurisdiction. II. Review 100% of monthly biological reports, vaccine orders (when applicable), and temperature recording forms for accuracy to ensure the vaccine supply is appropriately maintained and within established maximum stock levels. Review and approval for vaccines orders (when applicable) must be documented in the Electronic Vaccine Inventory (EVI) system. JJ. Complete 100% of child-care facility and Head Start center assessments, in accordance with the Immunization Population Assessment Manual, as assigned by the DSHS Immunization Unit. KK. Complete 100% of public and private school assessments, retrospective surveys, and validation surveys, in accordance with the Immunization Population Assessment Manual, as assigned by DSHS. LL. Report number of doses administered to underinsured children monthly, as directed by DSHS. System Agency Contract No. 537-18-0077-00001 v. 02.01.2016 Page 4 DocuSign Envelope ID. 19E35B26-7287-4C76-88E3-3591 EBB4D887 ATTACHMENT A STATEMENT OF WORK MM. Report the number of unduplicated underinsured clients served, as directed by DSHS. W. Utilize the Assessment, Feedback, Incentives, and eXchange (AFDC) on-line tool and methodology to assess immunization practices and coverage rates for all sub -contracted entities and non -local health department clinics. Immunization provider coverage rates will be generated using the Comprehensive Clinic Assessment Software Application (CoCASA), as specified by DSHS. X. Utilize the Centers for Disease Control and Prevention (CDC) Provider Education, Assessment, and Reporting (PEAR) system and directly enter data into PEAR to document TVFC compliance site -visits for all sub -contracted entities and non -local health department clinics. The Contractor shall submit the final assessment results in the PEAR system within twenty-four (24) hours of conducting the visit. Y. Utilize the CDC PEAR system and directly enter data into PEAR to document TVFC unannounced storage and handling visits conducted at TVFC provider offices. The Contractor shall submit the final unannounced storage and handling visit results in the PEAR system within twenty-four (24) hours of conducting the visit. Z. Required to complete and submit Immunization Inter -Local Agreement (ILA) Quarterly Report form, utilizing the format provided by the DSHS Immunization Unit and available at http://www.dshs.state.tx.us/immunize/providers.shtm, by the report due date. Report Type Reporting Period Report Due Date Programmatic 09/1/2017 to 11 30 2017 12 29 2017 Programmatic 12/1/2017 to 02=28'2018 4,01, 2018 Programmatic 03/1/2018 to 05 30 2018 7`01 2018. Programmatic 06/1/2018 to 08 31 2018 10 01 2018 Contractors LHD ILA Quarterly Reports should be submitted electronically to dshsimmunizationcontracts@dshs.state.tx.us according to the time frames stated above. IL PERFORMANCE MEASURES The System Agency will monitor the Grantee's performance of the requirements in Attachment A and compliance with the Contract's terms and conditions. III. INVOICE AND PAYMENT A. Grantee will request monthly payments using the State of Texas Purchase Voucher (Form B-13) at http://www.dshs.texas.gov/grants/forms.shtm Voucher and any System Agency Contract No 537-18-0077-00001 v. 02.01.2016 Page 5 DocuSign Envelope ID: 19E35B26-7287-4C76-88E3-3591 EBB4D887 ATTACHMENT A STATEMENT OF WORK supporting documentation will be mailed or submitted by fax or electronic mail to the address, number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoices(a,dshs.state.tx.us B. Grantee will be paid on a cost reimbursement basis and in accordance with the Budget in Attachment B of this Contract. System Agency Contract No. 537-18-0077-00001 v. 02.01.2016 Page 6 DocuSign Envelope ID. 19E35B26-72B7-4C76-88E3-3591 EBB4D887 ATTACHMENT B BUDGET SUMMARY Organization Name: Corpus Christi-Nueces County PHD Contract Number: 537-18-0077-00001 Budget Categories Program ID: WMM/LOCALS Budget Categories DSHS Funds Requested Cash Match In Kind Match Contribution Category Total Personnel $145,693.00 $ 145,693.00 Fringe Benefits $60,200.00 $60,200.00 Travel $8,337.00 $8,337.00 Equipment $0.00 $0.00 Supplies $11,105.00 $11,105.00 Contractual $8,280.00 $8,280.00 Other $8,022.00 $8,022.00 Total Direct Costs $241,637.00 $241,637.00 Indirect Costs $0.00 $0.00 Totals $241,637.00 $0.00 $241,637.00 System Agency Contract No. 537-18-0077-00001 Page 1 of 1 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887 HHSC Uniform Terms and Conditions Version 2.14 Published and Effective: March 1, 2017 Responsible Office: Chief Counsel TEXAS Health and Human Services Health and Human Services Commission HHSC Uniform Terms and Conditions - Grant Version 2.14 DocuSi gn Envelope ID 19E35B26-7287-4C76-88E3-3591 EBB4D887 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 AFFIRJdATIONS, ASSURANCES AND CERTIFICATIONS 10 5.0I General Affirmations 10 5.02 Federal Assurances 10 5.03 Federal Certifications 10 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 11 6.01 Ownership 11 6.02 Intellectual Property 11 ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 11 7.01 Books and Records 11 7,02 Access to records, books, and documents 11 Grantee Uni form Terms and Conditions Page 2 of 19 1.1 1' DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887 7.03 Response/compliance with audit or inspection fmdings 12 7.04 SAO Audit 12 7.05 Confidentiality 12 7.06 Public Information Act 12 ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION 12 8.01 Contract Management 12 8.02 Termination for Convenience 13 8.03 Termination for Cause 13 8.04 Equitable Settlement 13 ARTICLE IX MISCELLANEOUS PROVISIONS 13 9.01 Amendment 13 9.02 Insurance 13 9.03 Legal Obligations 14 9.04 Permitting and Licensure 14 9.05 Indemnity 14 9.06 Assignments 15 9.07 Relationship of the Parties 15 9.08 Technical Guidance Letters 15 9.09 Governing Law and Venue 16 9.11 Survivability 16 9.12 Force Majeure 16 9.13 No Waiver of Provisions 16 9.14 Publicity 16 9.15 Prohibition on Non -compete Restrictions 17 9.16 No Waiver of Sovereign Immunity 17 9.17 Entire Contract and Modification 17 9.18 Counterparts 17 9.19 Proper Authority 17 9.20 Employment Verification 17 9.21 Civil Rights 17 Grantee Uniform Terms and Conditions Page 3of19 v 3.1.17 DocuSrgn Envelope ID. 19E35B26-7287-4C76-88E3-3591 EBB4D887 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 , ritten 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 the work product(s) required to be submitted to the System Agency including all reports and project documentation. "Effective Date" means the date agreed to by the Parties as the date on which the Contract takes effect. "System Agency" means 11-ISC 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 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. May also be referred to as "Contractor" in certain attachments. "Health and Human Services Commission" or "HHSC" means the administrative agency established under Chapter 531, Texas Government Code or its designee. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Intellectual Property" means inventions and business processes, whether or not patentable; works of authorship; trade secrets, trademarks; service marks; industrial designs; and creations Grantee Uniform Terrns and Conditions Page 4 of 19 v.3117 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591EBB4D887 that are subject to potential legal protection incorporated in any Deliverable and first created or developed by Grantee, Grantee's contractor or a subcontractor in performing the Project. "Mentor Protege" means the Comptroller of Public Accounts' leadership program found at: http://www.window.state.tx.us/procurement/prog/hub imentorprotege,. "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 "Pl A" 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 or "RIA"" 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" or "Application" 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 Textraver' means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of the requirements of the Contract, issued by the System Agency to the Grantee. 1.02 Interpretive Provisions a. The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms. b. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. c. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Grantee Uniform Terms and Conditions Page 5of19 v. 3.1.17 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591EBB4D887 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 fmal close-out invoice not later than forty-five (45) calendar days following Grantee Uniform Terms and Conditions Page 6 of 19 DocuSign Envelope ID: 19E35B26-7287-4C76-88E3-3591EBB4D887 the end of the term of the Contract. Reimbursement or payment requests received in the System Agency's offices more than forty-five (45) calendar days following the termination of the Contract may not be paid. 2.03 Financial Status Reports (FSRs) Except as otherwise provided in these General Provisions or in the terms of any Program Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. 2.04 Debt to State and Corporate Status Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State Comptroller will not issue payment to Grantee if Grantee is indebted to the State for any reason, including a tax delinquency. Grantee, if a corporation, certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Tex. Tax Code §§ 171.001 et seq.). If tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Grantee's delinquent tax is paid in full. 2.05 Application of Payment Due Grantee agrees that any payments due under this Contract will be applied towards any debt of Grantee, including but not limited to delinquent taxes and child support that is owed to the State of Texas. 2.06 Use of Funds Grantee shall expend funds provided under this Contract only for the provision of approved services and for reasonable and allowable expenses directly related to those services. 2.07 Use for Match Prohibited Grantee shall not use funds provided under this Contract for matching purposes in securing other funding without the written approval of the System Agency. 2.08 Program Income Income directly generated from funds provided under this Contract or earned only as a result of such funds is Program Income. Unless otherwise required under the Program, Grantee shall use the addition alternative, as provided in UGMS § _.25(g)(2), for the use of Project income to further the Program, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report this income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract term and may not carry Program Income forward to any succeeding term. Grantee shall refund program income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and in using it for the purposes and under the conditions specified in this Contract. Grantee Uniform Terms and Conditions Page 7of19 v. 3.1.17 DocuSign Envelope ID 19E35B26-72B7-4C76-88E3-3591EBB4D887 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. v ?.1 ]' Grantee Uniform Terms and Conditions Page 8 of 19 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887 ARTICLE IV ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.01 Allowable Costs. System Agency will reimburse the allowable costs incurred in performing the Project that are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. The System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. If the System Agency has paid funds to Grantee for unallowable or ineligible costs, the System Agency will notify Grantee in writing, and Grantee shall return the funds to the System Agency within thirty (30) calendar days of the date of this written notice. The System Agency may withhold all or part of any payments to Grantee to offset reimbursement for any unallowable or ineligible expenditure that Grantee has not refunded to the System Agency, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). The System Agency may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Grantee's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include - Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments 2 CFR, Part 225 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Educational Institutions 2 CFR, Part 220 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Non -Profit Organizations 2 CFR, Part 230 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Grantee Uniform Terms and Conditions Page 9 of 19 v. 3.1.17 DocuSlgn Envelope ID 19E35B26-72B7-4C76-88E3-3591EBB4D887 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 2 CFR 200. The $750,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Grantee, within Grantee's fiscal year, expends a total amount of at least $750,000 m state funds awarded, Grantee must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and UGMS. 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. HHSC Single Audit Services will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the Single Audit Determination Form within thirty (30) calendar days after notification by HHSC Single Audit Services to do so, Grantee shall be subject to the System Agency sanctions and remedies for non-compliance with this Contract. Each Grantee that is required to obtain a single audit must competitively re - procure single audit services once every six years. 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 Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit electronically, one copy of the Single Audit or Program -Specific Audit to the System Agency as directed in this Contract and another copy to: single_audit_reportghhsc.state.tx.us 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. v j.1 J' Grantee Uniform Terms and Conditions Page 10 of 19 DocuSign Envelope ID: 19E35B26-7287-4C76-88E3-3591 EBB4D887 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 6.01 Ownership The System Agency will own, and Grantee hereby assigns to the System Agency, all right, title, and interest in all Deliverables. 6.02 Intellectual Property a. The System Agency and Grantee will retain ownership, all rights, title, and interest in and to, their respective pre-existing Intellectual Property. A license to either Party's pre-existing Intellectual Property must be agreed to under this or another contract. b. Grantee grants to the System Agency and the State of Texas a royalty -free, paid up, worldwide, perpetual, non-exclusive, non -transferable license to use any Intellectual Property invented or created by Grantee, Grantee's contractor, or a subcontractor in the performance of the Project. Grantee will require its contractors to grant such a license under its contracts. ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 7.01 Books and Records Grantee will keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee will maintain legible copies of this Contract and all related documents for a minimum of seven (7) years after the termination of the contract period or seven (7) years after the completion of any litigation or dispute involving the Contract, whichever is later. 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 Grantee Uniform Terms and Conditions Page 11 of 19 v. 3.1.17 DocuSign Envelope ID 19E35B26-72B7-4C76-88E3-3591EBB4D887 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 IiHSC upon request a copy of those portions of Grantee's and its Subcontractors' intemal audit reports relating to the Services and Deliverables provided to the State under the Contract. 7.04 SAO Audit Grantee understands that acceptance of funds directly under the Contract or indirectly through a Subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office (SAO), or any successor agency, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the SAO must provide the SAO with access to any information the SAO considers relevant to the investigation or audit. Grantee agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Subcontractors through Grantee and the requirement to cooperate is included in any Subcontract it awards. 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; Grantee Uniform Terms and Conditions Page 12 of 19 DocuSign Envelope ID. 19E35B26-7287-4C76-88E3-3591 EBB4D887 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 1-IHSC's notice of termination. 8.03 Termination for Cause Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: a. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, at its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's Solicitation Response, if any or Grantee's addition to the Excluded Parties List System (EPLS) will also constitute a material breach of the Contract. b. Failure to Maintain Financial Viability 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 Grantee Uniform Terms and Conditions Page 13 of 19 v 3.1.17 DocuS{gn Envelope ID 19E35B26-72B74C76-88E3-3591 EBB4D887 under this Contract, including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee will secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Grantee must produce renewal certificates for each type of coverage. These and all other insurance requirements under the Contract apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 9.03 Legal Obligations Grantee will comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. In addition to any other act or omission that may constitute a material breach of the Contract, failure to comply with this Section may also be a material breach of the Contract. 9.04 Permitting and Licensure At Grantee's sole expense, Grantee will procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or Services required by this Contract. Grantee will be responsible for payment of all taxes, assessments, fees, premiums, pennits, 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 TIIE 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 Grantee Uniform Terms and Conditions Page 14 of 19 . 1.17 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591EBB4D887 d. WORK UNDER THIS CONTRACT THAT INFRINGES OR MISAPPROPRIATES ANY RIGHT OF ANY THIRD PERSON OR ENTITY BASED ON COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE SYSTEM AGENCY AND ITS COUNSEL. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING SOLELY FROM THE GROSS NEGLIGENCE OF THE SYSTEM AGENCY OR ITS EMPLOYEES. THE PROVISIONS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS CONTRACT. 9.06 Assignments Grantee may not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of the System Agency, which may be withheld or granted at the sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency, assignment will not release Grantee from its obligations under the Contract. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non -state agency that is contracted to perform agency support. 9.07 Relationship of the Parties Grantee is, and will be, an independent contractor and, subject only to the terms of this Contract, will have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal -agent, or to otherwise create for the System Agency any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Grantee or any other Party. Grantee will be solely responsible for, and the System Agency .will have no obligation with respect to: a. Payment of Grantee's employees for all Services performed; b. Ensuring each of its employees, agents, or Subcontractors who provide Services or Deliverables under the Contract are properly licensed, certified, or have proper permits to perform any activity related to the Work; c. Withholding of income taxes, FICA, or any other taxes or fees; d. Industrial or workers' compensation insurance coverage; e. Participation in any group insurance plans available to employees of the State of Texas; f. Participation or contributions by the State to the State Employees Retirement System; g. Accumulation of vacation leave or sick leave; or h. Unemployment compensation coverage provided by the State. 9.08 Technical Guidance Letters In the sole discretion of the System Agency, and in conformance with federal and state law, the System Agency may issue instructions, clarifications, or interpretations as may be required during Work performance in the form of a Technical Guidance Letter. A TGL must be in Grantee Uniform Terms and Conditions Page 15 of 19 v 3.1.17 DocuSign Envelope ID 19E35B26-72B7-4C76-88E3-3591EBB4D887 writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. Any TGL issued by the System Agency will be incorporated into the Contract by reference herein for all purposes when it is issued. 9.09 Governing Law and Venue This Contract and the rights and obligations of the Parties hereto will be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract will be in a court of competent jurisdiction in Travis County, Texas unless otherwise elected by the System Agency. Grantee irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. 9.10 Severability If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract will be construed as if such provision did not exist and the non - enforceability of such provision will not be held to render any other provision or provisions of this Contract unenforceable. 9.11 Survivability Termination or expiration of this Contract or a Contract for any reason will not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed will survive any such termination or expiration, remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration, including maintaining confidentiality of information and records retention. 9.12 Force Majeure Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant,of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant will be suspended, and the affected Party will not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice will set forth the extent and duration thereof. 9.13 No Waiver of Provisions Neither failure to enforce any provision of this Contract nor payment for services provided under it constitute waiver of any provision of the Contract. 9.14 Publicity Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the System Agency, the State of Texas, or any other State agency in any media release, public announcement, or public disclosure relating to the Contract or its subject 3117 Grantee Uniform Terms and Conditions Page 16 of 19 DocuSign Envelope ID: 19E35B26-7267-4C76-88E3-3591 EBB40887 matter, including in any promotional or marketing materials, customer lists, or business presentations. Grantee may publish, at its sole expense, results of Grantee performance under the Contract with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 9.15 Prohibition on Non -compete Restrictions Grantee will not require any employees or Subcontractors to agree to any conditions, such as non -compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 9.16 No Waiver of Sovereign Immunity Nothing in the Contract will be construed as a waiver of sovereign immunity by the System Agency. 9.17 Entire Contract and Modification The Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible by the System Agency. 9.18 Counterparts This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. 9.19 Proper Authority Each Party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Any Services or Work performed by Grantee before this Contract is effective or after it ceases to be effective are performed at the sole risk of Grantee with respect to compensation. 9.20 Employment Verification Grantee will confirm the eligibility of all persons employed during the contract term to perform duties within Texas and all persons, including subcontractors, assigned by the contractor to perform work pursuant to the Contract. 9.21 Civil Rights a. Grantee agrees to comply with state and federal anti -discrimination laws, including: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); 2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); 3. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); 4. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); 5. Title 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 Grantee Uniform Terms and Conditions Page 17 of 19 v. 3.1.17 DocuSgn Envelope 0: 19E35B26-7287-4C76-88E3-3591 EBB4D887 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 V1 of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. c. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: httn://hhscx.hhsc.texas.gov/system-support- services/civil-rights/publications d. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Pan 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. e. Upon request, Grantee will provide HHSC Civil Rights Office with copies of all of the Grantee's civil rights policies and procedures. f. Grantee must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 5151 Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 v. 3.1.17 Grantee Uniform Terms and Conditions Page 18 of 19 DocuSign Envelope ID. 19E35B26-7287-4C76-88E3-3591 EBB4D887 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885. Grantee Uniform Terms and Conditions Page 19 of 19 v. 3.1.17 DocuSign Envelope ID. 19E35B26-72B7-4C76-88E3-3591 EBB4D88TAct t t AChiMENT D SUPPLEMENTAL & SPECIAL CONDITIONS SGPPLENIENTAL CONDITIONS There are no supplemental condition for this contract that modify the HHS Uniform Terms and Conditions. SPECIAL CONDITIONS Section 1.01 Notice of Legal Matter or Litigation. Grantee shall notify the contract manager assigned to this Contract of any litigation or legal matter related to or affecting this Contract within seven calendar days of becoming aware of the litigation or legal matter. Section 1.02 Notice of a Contract Action. Grantee shall notify their assigned contract manager assigned to the contract if Grantee has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. Section 1.03 Notice of Bankruptcy. Grantee shall notify in writing their assigned contract manager assigned of its plan to seek bankruptcy protection within five days of such action by Grantee. Section 1.04 Notice of Criminal Activity and Disciplinary Actions. a. Grantee shall immediately report in writing their contract manager when the Grantee has knowledge or reason to believe any that they or any person with ownership or controlling interest in the organization `business, or their agent, employee, subcontractor or volunteer that is providing services under this Contract has engaged in any activity that: 1. Would constitute a criminal offense equal to or greater than a Class A misdemeanor; and 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; or 3. Has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. b. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under dais section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by DSHS. Section 1.05 Grantee's Notification of Change of Contact Person or Key Personnel. Within ten days shall notify in writing the contract manager assigned to the Contract of any change enumerated in the Grantee's Contact Person or Key Personnel. Section 1.06 Services and Information for Persons with Limited English Proficiency. a. Grantee shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Grantee shall identify and document on the client records the primary language dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not v. 03.10.2016 Page 1 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591EBB4D887 1 1ACI3MENT D SUPPLEMENTAL & SPECIAL CONDITIONS require a client to provide or pay for the services of a translator or interpreter. c. Grantee shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. Section 1.07 HIV/AIDS Model Workplace Guidelines. Grantee shall implement Department's policies based on the Human Immunodeficiency Virus:' Acquired Immunodeficiency Syndrome (HIV/AIDS), AIDS Model Workplace Guidelines for Businesses at http://www.dshs.state.tx.us/hivstd/policy:`policies.shtm, State Agencies and State Grantees Policy No. 090.021. Grantee shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-114. Section 1.08 Electronic and Information Resources Accessibility and Security Standards. a. Applicability. The following Electronic and Information Resources (EIR) requirements apply to the Contract because the Grantee performs services that include EIR that DSHS employees are required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be used by HHSC's clients or recipients after completion of the Agreement. Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions. For purposes of this Section: "Accessibility Standards" means accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in 1 TAC Chapter 206 and/or Chapter 213. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. "Electronic and Information Resources Accessibility Standards" means the accessibility standards for electronic and information resources contained in 1 Texas Administrative Code Chapter 213. "Product" means information resources technology that is, or is related to EIR. "Web Site Accessibility Standards/ Specifications" means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex. Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of v. 03.10.2016 Page 2 DocuSign Envelope ID 19E35B26-72B7-4C76-88E3-3591 EBB4D8877 1 i ACIiMENT D SUPPLEMENTAL & SPECIAL CONDITIONS Information Resources, DSHS must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Grantee must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring. 1. DSHS may review, test, evaluate and monitor Grantee's Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Grantee's assertion of compliance with the Accessibility Standards. 2. Grantee agrees to cooperate fully and provide DSHS and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. d. Representations and Warranties. 1. Grantee represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and ii. If the Products will be in the custody of the state or a DSHS client or recipient after the Contract expiration or termination, the Products will continue to comply with Accessibility Standards after the expiration or termination of the Contract Term, unless DSHS or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. 2. In the event Grantee becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Grantee represents and warrants that it wil,l, in a timely manner and at no cost to DSHS, perform all necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, or providing a suitable substitute. 3. Grantee acknowledges and agrees that these representations and warranties are essential inducements on which DSHS relies in awarding this Contract. 4. Grantee's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. e. Remedies. 1. Under Tex. Gov't Code § 2054.465, neither the Grantee nor any other person has cause of action against DSHS for a claim of a failure to comply with Tex. Gov't Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. 2. In the event of a breach of Grantee's representations and warranties, Grantee will be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which DSHS may be entitled under this Contract and other applicable law. This remedy is cumulative of v. 03.10.2016 Page 3 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887It 1 'ACM/ENT D SUPPLEMENTAL & SPECIAL CONDITIONS any other remedies to which DSHS may be entitled under this Contract and other applicable law. v. 03.10.2016 Page 4 DocuSign Envelope ID. 19E35B26-72B7-4C76-88E3-3591 EBB4D887 OMB Number. 4040-0007 Expiration Date: 01/31/2019 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040). Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances if such is the case, you will be notified. As the duly authonzed representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State. through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest. or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescnbed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to (a) Title VI of the Civil Rights Act of 1964 (P.L 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex, (c) Section 504 of the Rehabilitation Act of 1973. as amended (29 U.S C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended. relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.0 §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable. with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds Previous Edition Usable Standard Form 4248 (Rev. 7-97) Authorized for Local Reproduction Prescnbed by OMB Circular A-102 DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591 EBB4D887 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally -assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 11. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States. Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE L._ 1 APPLICANT DATE SUBMITTED �ORGANIZATION [ Standard Form 4248 (Rev. 7-97) Back DocuSign Envelope !D 19E35B26-7287-4C76-88E3-3591EBB4D887 CERTIFICATION REGARDING LOBBYING Certification tor Contracts, Grants. Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 11) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant. the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal. amendment, or modification of any Federal contract. grant, loan, or cooperative agreement (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, 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 shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts. subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entenng into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100.000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency. a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. APPLICANT'S ORGANIZATION PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: Last Name: * Title: * First Name: !Annette (Rodriguez Middle Name: Suffix: * SIGNATURE: * DATE: DocuSign Envelope ID: 19E35B26-72B7-4C76-88E3-3591EBB4D887 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact # 1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact #2 Name, Email and Phone Number: ZIP Code: 9 -digits Required www.usps.com DUNS Number: 9 -digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Annette Rodriguez Signature of Authorized Representative Title of Authorized Representative Date -1- Department of State Health Services Form 4734 — June 2013 DocuSign Envelope ID 19E35826-72B7-4C76-88E3-3591EBB4D887 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ❑ No If your answer is "Yes", skip questions "A" "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ❑ No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ❑ No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: -2- Department of State Health Services Form 4734 — June 2013 Certificate Of Completion Envelope Id: 19E35B2672B74C7688E33591 EBB4D887 Status: Sent Subject: $241,637; 537-18-0077-00001;Corpus Christi-Nueces Co Public Health Dist (City);DCP IMM LocaisCounter Source Envelope: Document Pages: 55 Signatures: 0 Envelope Originator: Supplemental Document Pages: 0 Initials: 0 Cathy Hartman Certificate Pages: 3 AutoNav: Enabled Payments: 0 1860 Michael Faraday Dr Envelopeld Stamping: Enabled Reston, VA 20190 Time Zone: (UTC -06:00) Central Time (US & cathy.hartman2@hhsc.state.tx.us Canada) IP Address: 167.137.1.16 Record Tracking Status: Original 4/25/2017 1 2:03 PM Signer Events Rosalyn Lazare-Payne rosalyn.lazare-payne@hhsc.state.tx.us Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Joe James joe.james@hhsc.state.tx.us Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Patty Melchior Patty.Melchlor@dshs.state.tx.us Resource Director Department State Health Services Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Annette Rodriguez annetter@cctexas.com Health Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Holder: Cathy Hartman cathy.hartman2@hhsc.state.tx.us Signature Completed Using IP Address: 167.137.1.13 Completed Using IP Address: 167.137.1.16 Completed Using IP Address: 160.42.85.9 Location: DocuSign Timestamp Sent: 4/25/2017 1 2:28 PM Resent: 4/26/2017 1 3:28 PM Viewed: 4/27/2017 1 8:07 AM Signed: 4/27/20171 8:11 AM Sent: 4/27/2017 18:11 AM Viewed: 5/8/2017 1 10:48 AM Signed: 5/8/2017 1 10:50 AM Sent: 5/8/2017 1 10:50 AM Viewed: 5/8/20171 11:12 AM Signed: 5/8/2017 1 11:12 AM Sent: 5/8/2017 1 11:12 AM Viewed: 5/24/2017 1 11:43 AM CU Signer Events Signature Timestamp Bernie Rodriguez bemie.rodriguez@hhsc.state.tx.us Procurement Manager Texas Health and Human Services Commission Secunty Level. Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Janna Zumbrun Janna.Zumbrun@dshs.statetx.us Associate Commissioner for Disease Control and Prevention Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID In Person Signer Events Signature Editor Delivery Events Status Agent Delivery Events Status Intermediary Delivery Events Status Certified Delivery Events Status Status Carbon Copy Events Justin Davis justin.davis@dshs.state.lx.us Department of State Health Services Security Level: Email. Account Authentication (None) Electronic Record and Signature Disclosure: • Not Offered via DocuSign ID Amy Greene amy. greene@hhsc.state.tx. us Contract Specialist V Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID. Tray Kirkpatrick tray kirkpatnck@dshs state.tx us Contract Manager Texas Health and Human Services Commission Secunty Level. Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: COPIED COPIED COPIED Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent. 4 25'2017 2 28 PM Sent: 4:25 20 i 7 2.28 PM Sent 4/27/2017 C 8.11 AM Carbon Copy Events Susana Garcia susana.garcia@dshs.state.tx.us Unit Director Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: William M. Uhlarik williamU2@cctexas.com Assistant Director of Public Health Corpus Christi-Nueces County P.H.D. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: DSHS CMU Inbox CMUContracts@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary Events Envelope Summary Events Envelope Sent Status COPIED COPIED Timestamp Sent: 5/8/20171 10:50 AM Sent: 5/8/20171 11:12 AM Timestamp Status Timestamps Hashed 'Encrypted 5/8/2017 1 11:12 AM Payment Events Status Timestamps AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: TO: July 13, 2017 Margie C. Rose, MPA, City Manager THRU: Annette Rodriguez, MPH, Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) in the amount of $204,855.00, and appropriation of the funds for the contract period September 1, 2017 through August 31, 2019. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant in the amount of $204,855.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to perform surveillance and epidemiology activities for infectious diseases for the contract period September 1, 2017, through August 31, 2019. PURPOSE: To fund a full-time staff Epidemiologist position to: • perform surveillance and epidemiology activities for all notifiable conditions and assign certain conditions for infectious disease preparedness and outbreak response activities and investigations as required by the Texas Department of State Health Services ("TDSHS"), • provide surge capacity to surrounding jurisdictions in the event of a major statewide outbreak of disease or disaster, • serve as Public Health Administrator of the Protection Division of the Health District, and • act as the Local City & County Epidemiologist. BACKGROUND AND FINDINGS: Because the Health District did not have an Epidemiologist and required one to achieve its mission of preventing and investigating disease, it applied for and received a grant from TDSHS to perform surveillance and epidemiology activities for all notifiable conditions as required by the Texas Department of State Health Services; hire and assign an Epidemiologist funded by this contract to be responsible for all notifiable conditions and assigning certain conditions for infectious disease preparedness and outbreak response activities and investigations; provide surge capacity to surrounding jurisdictions in the event of a major statewide outbreak of disease or disaster; serve as Public Health Administrator of the Protection Division of the Health District which includes the Health District Public Health Emergency Preparedness unit and Laboratory; and act as the Local City & County Epidemiologist. ALTERNATIVES: Refuse the grant and not provide epidemiological activities in the community. OTHER CONSIDERATIONS: None 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 $204,855.00 $204,855.00 BALANCE $204,855.00 $204,855.00 Fund(s): Health Grants Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. 537-18-0289-00001 Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant in the amount of $204,855.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to perform surveillance and epidemiology activities for infectious diseases for the contract period September 1, 2017, through August 31, 2019. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a total grant amount of $204,855.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of September 1, 2017, through August 31, 2019, to perform surveillance and epidemiology activities for infectious diseases. Section 2: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 3: A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor DocuSIgn Envelope ID 99AE7DFA-55BD-4F2F-AEF9-56858F454219 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 537-18-0289-00001 UNDER THE TEXAS EPIDEMIOLOGY CAPACITY EXPANSION GRANT PROGRAM 1. PURPOSE The Department of State Health Services ("System Agency"), and Corpus Christi-Nueces County Public Health District (City) ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for Infectious Disease Surveillance and Epidemiology Activities (the "Contract"). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of Texas Government Code Chapter 791, and Chapters 12 and 121 of the Texas Health and Safety Code. III. DURATION The Contract is effective on September 1, 2017 and terminates on August 31, 2019, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. IV. BUDGET The total amount of this Contract will not exceed TWO HUNDRED FOUR THOUSAND EIGHT HUNDRED FIFTY-FIVE DOLLARS ($204,855.00). All expenditures under the Contract will be in accordance with ATTACHMENT B, BUDGET. Contractor is allocated ONE HUNDRED Two THOUSAND FOUR HUNDRED TWENTY- EIGHT DOLLARS ($102,428.00) from September 1, 2017 to August 31, 2018. Contractor is allocated ONE HUNDRED Two THOUSAND FOUR HUNDRED TWENTY- SEVEN DOLLARS ($102,427.00) from September 1, 2018 to August 31, 2019. Expenditures may not exceed the above allocated amounts within the specified timeframes. V. CONTRACT REPRESENTATIVES. The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. v. 11.15.2(116 System Agency Contract No. 537-18-0289-110001 Page 1 DocuSign Envelope ID_ 99AE7DFA-55BD-4F2F-AEF9-561358F454219 System Aeencv The Department of State Health Services Attention: Sandy Clark 1 100 West 49th Street Austin, TX 78756-4204 (512) 776-2264 sandyclark a:dshs.state_tx.us Grantee Corpus Christi-Nueces County Public Health District (City) Attention: Dante Gonzalez 1702 Home Rd. Corpus Christi, TX 78416 (361) 826-7323 dantegOcctexas.com VI. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Aeencv Department of State Health Services Attention: Lisa Hernandez 1100 W, 49th Street, MC 1911 Austin, TX 78756 Grantee Corpus Christi-Nueces County Public Health District (City) Attention: William M. Uhlarik 1702 Home Rd. Corpus Christi, TX 78416 Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notice by written notice to the other Party. SIGNATURE PAGE FOLLOWS System Agency Contract No. 537-18-11289-001101 Page 2 DocuSign Envelope ID 99AE7DFA-55BD-4F2F-AEF9-56858F454219 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT No. 537-18-0289-00001 DEPARTMENT OF STATE HEALTH SERVICES GRANTEE JannaZumbrun, M.S.S.W. Name: Associate Commissioner of Disease Control And Prevention Title: Date of execution: Date of execution: THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT No. 537-18-0289- 00001 ARE HEREBY INCORPORATED BY REFERENCE: ATTACHMENT A — STATEMENT OF WORK ATTACHMENT B — BUDGET ATTACHMENT C — UNIFORM TERMS AND CONDITIONS ATTACHMENT D—SPECIAL AND SUPPLEMENTAL CONDITIONS ATTACHMENTS FOLLOW System Agency Contract No. 537-18-0289-00001 Page 3 Approved as to fo As nt Ctty Fo Attorney DocuSign Envelope ID: 99AE7DFA-55BD-4F2F-AEF9-56B56F454219 ATTACHMENT A STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES Grantee will: A. Perform surveillance and epidemiology activities for all notifiable conditions with an emphasis on those that can be reported through the National Electronic Disease Surveillance System (NEDSS) even if the Grantee does not use NEDSS for disease reporting. The NEDSS notifiable conditions can be found in the file named, "Program Areas in NBS Reportable Diseases 2016 .xlsx" at the website: haps. txriedss.dsns. iate..rx.us 8(}U9 PHINDox User -Resources; B. Retain an Epidemiologist(s) dedicated to disease surveillance and epidemiology activities. The Epidemiologist(s) must have qualifications in epidemiology and infectious disease surveillance, preferably with a Masters of Public Health (MPH) degree or at least two years working experience as an Epidemiologist to perform and track the following deliverables; C. Conduct case and outbreak investigations with an emphasis on notifiable conditions reportable through NEDSS_ The role of Epidemiologists includes conducting case and outbreak investigations, providing technical assistance/guidance to other agency staff(e.g. communicable disease nurses) conducting case and outbreak investigations, assessing the quality of surveillance data, performing analyzes on surveillance data, and preparation of situational updates for outbreaks; D. Ensure that preparedness activities include epidemiology and infectious disease surveillance. Activities may include planning and conducting preparedness exercises, providing technical assistance for community health assessments, development of community health improvement plans, and participating in Community Assessment for Public Health Emergency Response (CASPER - see https �v�v«.cdc.cos. nceh llsb disaster casper default.htm); E. Provide epidemiology surge capacity to surrounding jurisdictions in the event ofa major statewide or regional outbreak or disaster; as directed by emergency management officials and Department of State Health Services (DSHS); F. Assign the Epidemiologist (s) funded by this contract to attend the annual Epidemiology and Laboratory Capacity Epidemiology Workshop provided by the Emerging and Acute Infectious Disease Branch (EAIDB) or other EAIDB-approved substitute training. Grantee must include travel cost for this workshop in Austin in their budget request; G. Work with DSHS program management and epidemiologist subject matter experts (SMEs) during any on-site technical reviews and quality assurance visits conducted by DSHS to address possible gaps in disease surveillance and reporting; System Agency Contract No 537-18-0289-00001 v 11 15.2016 Page 1 DocuSign Envelope ID 99AE7DFA-55BD-4F2F-AEF9-56858F454219 H. Ensure all Epidemiologist (s) funded by this contract, if not already a certified NEDSS user, attend DSHS training in Austin and complete certification within thirty (30) days of hire. Grantee must include travel cost for this training in Austin in their budget request; I. Follow the procedures and guidance contain in The Emerging and Acute Infectious Disease Guidelines (available at krw lt'1:1' ne""=cins:�l�nnll rti trot �u 9n-�i�����„- 'a o-,.�r� rq.,,;- when responding to disease reports from laboratories, health care providers, and other disease reporters such as school nurses and health care facility administrators; J. Attempt to administer one -hundred percent (100%) of EAIDB-requested questionnaires for which contact information is complete as soon as possible but no later than two (2) business days after receipt of request to administer questionnaire. Attempts to administer questionnaires related to the outbreaks and notifiable conditions must include at least one (I) attempt to contact case -patients after-hours if unable to contact during normal business hours after three (3) attempts; K. Administer, complete and submit at least seventy-five percent (75%) of questionnaires related to all pertinent case and outbreak investigations within five (5) business days after initial report and/or assignment by DSHS. Completed questionnaires include those in which the case -patient is contacted but refuses some or the entire questionnaire. Questionnaires for which no contact is made with case -patient do not constitute a completed interview; L. Submit completed questionnaires related to notifiable conditions and outbreak investigations to DSHS through a secure electronic method to the designated EAIDB epidemiologist or to fax number (512) 776-7616 no later than one (1) business day after completion of interview; M. Investigate and document at least seventy-five percent (75°0) of risk behaviors and exposures information on select notifiable condition case investigations through NEDSS; N. Monitor the submission of required isolates for notifiable conditions reported through NEDSS. Ensure that at least ninety percent (900o) of these isolates or those related to outbreak investigations are submitted since they must be sent to the Laboratory Services Section, Texas Department of State Health Services, Austin, Texas or to another specified public health laboratory for confirmatory and/or molecular testing as designated by DSHS; 0. Investigate and document at least ninety percent (90%) of confirmed and probable notifiable conditions correctly and completely within thirty (30) days of initial report to public health in NEDSS in accordance with DSHS Emerging and Acute Infectious Disease Investigation Guidelines vw.dshs.texas.uoN ,.,a.: rinestu ation lnvestwatlon-Guidance.doc' System Agency Contract No. 537-18-0289-00001 v. 11.15.2016 page 2 DocuSign Envelope ID 99AE7DFA-558D-4F2F-AEF9-56B58F454219 P. Submit a monthly list of all reported clusters, outbreaks, and the information on investigation findings of theses clusters/outbreaks on the tracking sheet provided by DSHS. Reports are due on the 15th calendar day of each month beginning October 15, 2017. Each report must cover activities that occurred during the preceding month. Report due dates that fall on a weekend or holiday will be due the first business day after the 15th of the month. Submit the list via electronic mail to All reports should be clearly identified with the Contractor Name, Contract Number, IDCU/SUR, and the month that the report covers; Q. Complete and submit the DSHS form to report a vacancy whenever an Epidemiologist position retained on this Contract has become vacant or has been filled to LAIUi3culttract5(ir dslhs.state.tx.t; R. Complete and submit the DSHS programmatic budget update form quarterly to I'_A1DBcontracts(u dshs stale.tx.us; S. Participate in outbreak/cluster-related conference calls and responses relevant to the jurisdiction hosted by the Centers for Disease Control and Prevention (CDC) or DSHS; T. Participate in bi-monthly conference calls with the EAIDB to provide updates, progress reports, and other necessary communications; U. Assure and monitor the confidential treatment and transfer of confidential data provided by DSHS and confidential data provided to DSHS; V. Read the DSHS Contractor Financial Procedures Manual (CFPM) and work with DSHS staff regarding the management of funds received under this Contract. W. Submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Contract; X. Assure and not supplant (Le., use funds from this Contract to replace or substitute existing funding from other sources that also support activities that are the subject of this Contract) but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Grantee must 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. Vacant positions existing after sixty (60) days may result in a decrease in funds; and Y. Be subject to the following restrictions: without prior approval, Grantee may transfer money between budget categories and must provide the System Agency Contract Manager with prior notification of this transfer. No budget category transferor cumulative transfers may exceed 25% of the total contract value or $100,000, whichever is Tess. If the budget transfer(s) exceeds S100,000, alone or cumulatively, prior written approval from the System Agency Contract No. 537-18-0289-00001 v. 11.15.2016 Page 3 DocuSign Envelope ID 99AE7DFA-55BD-4F2F-AEF9-56B58F454219 System Agency is required. If the budget transfer(s) exceeds 25°u of the total contract value, alone or cumulatively, a formal contract amendment is required. Z. DSHS acknowledges that it is a "governmental entity" and not a "business entity" as those terms are defined in Tex. Gov't Code § 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov't Code Section 2252,908 is required. II. PERFORMANCE MEASURES The System Agency will monitor the Grantee's performance of the requirements in ATTACHMENT A and compliance with the Contract's terms and conditions. III. INVOICE AND PAYMENT A. Grantee will request payments using the State of Texas Purchase Voucher (Form B-13) at http://www.dshs.state.tx.us!erants forms.shtm. Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the addresses/number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, Texas 78714-9347 FAX: (512) 776-7442 EMAIL: invoiccsia dshs.st,ite.tx.us B. Grantee will be paid on a cost reimbursement basis and in accordance with the Budget in Attachment B of this Contract. System Agency Contract No 537-18-0289-00001 v. 11 15 2016 Page 4 DocuSign Envelope ID. 99AE7DFA-55BD-4F2F-AEF9-56658F454219 Attachment B Contract No. 537-18-0289-00001 Categorical Budget: PERSONNEL $139,200.00 FRINGE BENEFITS $57,517.00 TRAVEL $4,201.00 EQUIPMENT $0.00 SUPPLIES $2,237.00 CONTRACTUAL $0.00 OTHER $1,700.00 TOTAL DIRECT CHARGES $204,855.00 INDIRECT CHARGES $0.00 TOTAL $204,855.00 DSHS SHARE $204,855.00 CONTRACTOR SHARE $0.00 OTHER MATCH $0.00 DocuSign Envelope ID: 99AE7DFA•55BD-4F2F-AEF9-56B59F454219 HHSC Uniform Terms and Conditions Version 2.14 Published and Effective: March 1, 2017 Responsible Office: Chief Counsel TEXAS Health and Human Services Health and Human Services Commission HHSC Uniform Terms and Conditions - Grant Version 2.14 DocuSign Envelope IDi 99AE7DFA-55BD-4F2F-AEF9-561358F454219 TABLE OF CONTENTS ARTICLE L DEFINITIONS AND INTERPRETIVE PROVISIONS 4 1.01 Definitions 4 1.1J2 interpretive Provisions 5 ARTICLE II Payment Methods and Restrictions 6 2,01 Payment Methods 6 2,02 NMI Billing Submission 6 2,03 Financial Status Reports (FSRS) 7 2.04 Deht to State and Corporate Status 7 2.05 Application of Po)ment Due 7 2.06 Use of Fwids 7 Z07 Use for Match Prohibited, 7 2.08 Program Income ....... ............. 7 2.09 NonsupplanEing 8 ARTICLE 111. STATE AND FEDERAL FUNDING 8 3.01 Funding 3.02 No debt Against the State S 3.03 Debt io State 8 3.04 Recapture of Funds 8 ARTICLE IV Allowable Costs and Audit Requirements 9 4.01 Allowable C D LS 9 4.02 Independent Sm rile or Program -Specific Audit 10 4.03 Submission of Audit 10 Article V AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 10 5.01 Genera I A ffirmations 10 5,02 Federal Assura_nces 10 5.03 Federal Certifications 10 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 1 6.01 Owner5inp 11 6.02 Intellectual Property 11 ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 11 7.01 Books and Records 11 7.02 Access to records, books, and documents 11 Grdni LI LI t :11111)1 it] I erms and Corulitinns Pout 2. 01'19 ] I7 DocuSign Envelope ID: 99AE7DFA-5580-4F2F-AEF9-56B58F454219 7.03 Responselcompliance with audit or inspection findings 12 7.04 SAO Audit 12 7,05 Confidentiality 12 7,06 Public Information Act 12 ARTICLE 'VIII CONTRACT MANAGEMENT AND EARLY TERMINATION 12 8 0i Contract Management 12 S.02 Termination for Convenience 13 8.03 Termination for Cause, 13 8.04 Equitabie Settlement 13 ARTICLE IX MISCELLANEOUS PROVISIONS 13 9.01 Amendment 13 9.02 Insurance 13 9.03 Legal Obligations 14 9.04 Permitting and Licensure 14 9.05 Indemnity 14 9.06 Assignments 15 9,07 Relationship of the Parties 15 9.08 Technical Guidance Letters 15 9.09 Governing Law and Venue . 16 9.11 Survivability 16 9.12 Force Majeure 16 9.13 No Waiver of Provisions 16 9,14 Publicity 9.15 Prohibition on Non -compete Restrictions ...... ....... 17 916 No Waiver of Sovereign Immunity . — . .. ...... ...... ....... ..... ..... 17 9.17 Entire Contract and Modification 17 9.18 Cotmterparts 17 9.19 Proper Authority 17 9.20 Employment Verification 17 9.21 Civil Rights 17 1.17 Grantee Uniform Terms and Conditions Page 3 of 19 DocuSign Envelope ID 99AE7DFA-55BD-4F2F-AEF9-56859F454219 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 the work product(s) required to be submitted to the System Agency including all reports and project documentation. "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 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. May also be referred to as "Contractor" in certain attachments. "Health and Human Services Commission" or "HHSC" means the administrative agency established under Chapter 531, Texas Government Code or its designee. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Intellectual Property" means inventions and business processes, whether or not patentable; works of authorship; trade secrets; trademarks; service marks; industrial designs; and creations N 3117 Grantee Uniform Terms and Conditions Page 4 of 19 DocuSign Envelope ID: 99AE7DFA-55BD-4F2F-AEF9.56B58F454219 that are subject to potential legal protection incorporated in any Deliverable and first created or developed by Grantee, Grantee's contractor or a subcontractor in performing the Project. "Mentor Protege" means the Comptroller of Public Accounts' leadership program found at: http://www.window.state.tx.us/procurement/prog/hub,mentorprotege . "Parties" means the System Agency and Grantee, collectively. "Party" means either the System Agency or Grantee, individually. "Program" means the statutorily authorized activities of the System Agency under which this Contract has been awarded. "Project" means specific activities of the Grantee that are supported by funds provided under this Contract. "Public Information Act" or "PIA" means Chapter 552 of the Texas Government Code. "Statement of Work" means the description of activities performed in completing the Project, as specified in the Contract and as may be amended. "Signature Document" means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "Solicitation or "RFA" 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" or "Application" 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 I and ending August 31 each year, which is the annual accounting period for the State of Texas "State of Texas Textravef" 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 v 3 1.17 Grantee l'niform Terms and Candttions Page 5 of 19 DoteSign Envelope ID: 99AE7DFA-55B0-4F2F-AEF9.56B58F454219 Amendments and other modifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. d. Any references to "sections," "appendices," or "attachments" are references to sections, appendices, or attachments of the Contract. e. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. f. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. g_ All Attachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. h. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. i. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." j. Time is of the essence in this Contract. ARTICLE II PAYMENT METHODS AND RESTRICTIONS 2.01 Payment Methods Except as otherwise provided by the provisions of the Contract, the payment method will be one or more of the following: a cost reimbursement. This payment method is based on an approved budget and submission of a request for reimbursement of expenses Grantee has incurred at the time of the request; b. unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service and acceptable submission of all required documentation, forms and/or reports; or c. advance payment. This payment method is based on disbursal of the minimum necessary funds to carry out the Program or Project where the Grantee has implemented appropriate safeguards. This payment method will only be utilized in accordance with governing law and at the sole discretion of the System Agency_ Grantees shall bill the System Agency in accordance with the Contract. Unless otherwise specified in the Contract, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.02 Final Billing Submission Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than forty-five (45) calendar days following 1.1' Grantee Uniform Terms and Conditions Page G of 19 DocuSign Envelope ID 99AE7DFA-55BD-4F2F.AEF9-56858F454219 the end of the term of the Contract. Reimbursement or payment requests received in the System Agency's offices more than forty-five (45) calendar days following the termination of the Contract may not be paid. 2.03 Financial Status Reports (FSRs) Except as otherwise provided in these General Provisions or in the terms of any Program Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. 2.04 Debt to State and Corporate Status Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State Comptroller will not issue payment to Grantee if Grantee is indebted to the State for any reason, including a tax delinquency. Grantee, if a corporation, certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Tex. Tax Code §§ 171.001 et seq.). If tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Grantee's delinquent tax is paid in full. 2.05 Application of Payment Due Grantee agrees that any payments due under this Contract will be applied towards any debt of Grantee, including but not limited to delinquent taxes and child support that is owed to the State of Texas. 2.06 Use of Funds Grantee shall expend funds provided under this Contract only for the provision of approved services and for reasonable and allowable expenses directly related to those services. 2.07 Use for Match Prohibited Grantee shall not use funds provided under this Contract for matching purposes in securing other funding without the written approval of the System Agency. 2.08 Program Income Income directly generated from funds provided under this Contract or earned only as a result of such funds is Program Income. Unless otherwise required under the Program, Grantee shall use the addition alternative, as provided in UGMS § _.25(g)(2), for the use of Project income to further the Program, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report this income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract term and may not carry Program Income forward to any succeeding term. Grantee shall refund program income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and in using it for the purposes and under the conditions specified in this Contract. Grantee Uniform Terms and Conditions Page7ofl9 3.1 17 DocuSlgn Envelope ID: 99AE7DFA-55BD-4F2F-AEF9-56B58F454219 2.09 Nonsupplanting Grantee shall not use funds from this Contract to replace or substitute for existing funding from other but shall use funds from this Contract to supplement existing state or local funds currently available. Grantee shall make a good faith effort to maintain its current level of support. Grantee may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE III. STATE AND FEDERAL FUNDING 3.01 Funding This Contract is contingent upon the availability of sufficient and adequate funds_ If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or agencies, amendment of the Texas General Appropriations Act, agency consolidation, or any other disruptions of current funding for this Contract, the System Agency may restrict, reduce, or terminate funding under this Contract. This Contract is also subject to immediate cancellation or termination, without penalty to the System Agency, if sufficient and adequate funds are not available. Grantee will have no right of action against the System Agency if the System Agency cannot perform its obligations under this Contract as a result of lack of funding for any activities or functions contained within the scope of this Contract. In the event of cancellation or termination under this Section, the System Agency will not be required to give notice and will not be liable for any damages or losses caused or associated with such termination or cancellation. 3.02 No debt Against the State The Contract will not be construed as creating any debt by or on behalf of the State of Texas. 3.03 Debt to State If a payment law prohibits the Texas Comptroller of Public Accounts from making a payment, the Grantee acknowledges the System Agency's payments under the Contract will be applied toward eliminating the debt or delinquency. This requirement specifically applies to any debt or delinquency, regardless of when it arises. 3.04 Recapture of Funds The System Agency may withhold all or part of any payments to Grantee to offset overpayments made to the Grantee. Overpayments as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates; (ii) that are not allowed under applicable laws, rules, or regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. Grantee understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs will be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract. Grantee Uniform Terms and Conditions Page 8 of 19 DocuSign Envelope ID. 99AE7DFA-55BD-4F2F-AEF9.56B58F454219 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 3 1.17 Grantee 1 niform Terms and Conditions Page 9 of 19 DocuSign Envelope ID 99AE7DFA•55BD-4F2F-AEF9.568513F454219 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 2 CFR 200. The $750,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Grantee, within Grantee's fiscal year, expends a total amount of at least $750,000 in state funds awarded, Grantee must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and UGMS. 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. HHSC Single Audit Services will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the Single Audit Determination Form within thirty (30) calendar days after notification by HHSC Single Audit Services to do so, Grantee shall be subject to the System Agency sanctions and remedies for non-compliance with this Contract. Each Grantee that is required to obtain a single audit must competitively re - procure single audit services once every six years. 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 Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit electronically, one copy of the Single Audit or Program -Specific Audit to the System Agency as directed in this Contract and another copy to: single_audit_report@hhsc.state.tx.us hhsc.state.tx.us 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. Grantee Uniform Terms and Conditions Page 10 of 19 DocuSlgn Envelope ID: 99AE7DFA-5580-4F2F-AEF9-56B58F454219 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 6.01 Ownership The System Agency will own, and Grantee hereby assigns to the System Agency, all right, title, and interest in all Deliverables. 6.02 Intellectual Property a. The System Agency and Grantee will retain ownership, all rights, title, and interest in and to, their respective pre-existing Intellectual Property. A license to either Party's pre-existing Intellectual Property must be agreed to under this or another contract. b. Grantee grants to the System Agency and the State of Texas a royalty -free, paid up, worldwide, perpetual, non-exclusive, non -transferable license to use any Intellectual Property invented or created by Grantee, Grantee's contractor, or a subcontractor in the performance of the Project. Grantee will require its contractors to grant such a license under its contracts. ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 7.01 Books and Records Grantee will keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee will maintain legible copies of this Contract and all related documents for a minimum of seven (7) years after the termination of the contract period or seven (7) years after the completion of any litigation or dispute involving the Contract, whichever is later. 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 Grantee Uniform Terms and Condition., Page 11 otI9 DocuSign Envelope ID 99AE7DFA-55BD-4F2F-AEF9-56858F454219 the right of access to, and examination of, sites and information related to this Contract in any Subcontract it awards. 7.03 Response/compliance with audit or inspection findings a. Grantee must act to ensure its and its Subcontractor's compliance with all corrections necessary to address any finding of noncompliance with any law. regulation; audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the goods or services provided hereunder. Any such correction will be at Grantee or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance will be solely the decision of the System Agency. b. As part of the Services, Grantee must provide to HHSC upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the Services and Deliverables provided to the State under the Contract. 7.04 SAO Audit Grantee understands that acceptance of funds directly under the Contract or indirectly through a Subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office (SAO), or any successor agency, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the SAO must provide the SAO with access to any information the SAO considers relevant to the investigation or audit. Grantee agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Subcontractors through Grantee and the requirement to cooperate is included in any Subcontract it awards. 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; Grantee Uniform Terms and Conditions Page 12 of 19 3117 DocuSign Envelope ID 99AE7DFA-558D-4F2F-AEF9-561355F454219 b. Requiring the Grantee to take specific corrective actions in order to remain in compliance with term of the Contract; c. Recouping payments made to the Grantee found to be in error; d. Suspending, limiting, or placing conditions on the continued performance of the Project; e. Imposing any other remedies authorized under this Contract; and f. Imposing any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation, or rule. 8.02 Termination for Convenience The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC's notice of termination. 8.03 Termination for Cause Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: a. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, at its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's Solicitation Response, if any or Grantee's addition to the Excluded Parties List System (EPLS) will also constitute a material breach of the Contract. b. Failure to Maintain Financial Viability 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 Grantee Uniform Terms and Conditions Page 13of19 DocuSign Envelope ID: 99AE7DFA-55BD-4F2F-AEF9-55B5BF454219 under this Contract, including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee will secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Grantee must produce renewal certificates for each type of coverage. These and all other insurance requirements under the Contract apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 9.03 Legal Obligations Grantee will comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. In addition to any other act or omission that may constitute a material breach of the Contract, failure to comply with this Section may also be a material breach of the Contract. 9.04 Permitting and Licensure At Grantee's sole expense, Grantee will procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or Services required by this Contract. Grantee will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Grantee agrees to be responsible for payment of any such government obligations not paid by its contactors or subcontractors during performance of this Contract. 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 SI'PPLIER 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 Grantee Uniform Terms and Conditions Page 14 of 19 DocuSign Envelope ID. 99AE7DFA-55BD-4F2P-AEF9.56B58F454219 d. WORK UNDER THIS CONTRACT THAT INFRINGES OR MISAPPROPRIATES ANY RIGHT OF ANY THIRD PERSON OR ENTITY BASED ON COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE SYSTEM AGENCY AND ITS COUNSEL. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING SOLELY FROM THE GROSS NEGLIGENCE OF THE SYSTEM AGENCY OR ITS EMPLOYEES. THE PROVISIONS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS CONTRACT. 9.06 Assignments Grantee may not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of the System Agency, which may be withheld or granted at the sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency, assignment will not release Grantee from its obligations under the Contract. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non -state agency that is contracted to perform agency support. 9.07 Relationship of the Parties Grantee is, and will be, an independent contractor and, subject only to the terms of this Contract, will have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal -agent, or to otherwise create for the System Agency any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Grantee or any other Party. Grantee will be solely responsible for, and the System Agency will have no obligation with respect to: a. Payment of Grantee's employees for all Services performed; b. Ensuring each of its employees, agents, or Subcontractors who provide Services or Deliverables under the Contract are properly licensed, certified, or have proper permits to perform any activity related to the Work; c. Withholding of income taxes, FICA, or any other taxes or fees; d. Industrial or workers' compensation insurance coverage; e. Participation in any group insurance plans available to employees of the State of Texas, f. Participation or contributions by the State to the State Employees Retirement System; g. Accumulation of vacation leave or sick leave; or h. Unemployment compensation coverage provided by the State. 9.08 Technical Guidance Letters In the sole discretion of the System Agency, and in conformance with federal and state law, the System Agency may issue instructions, clarifications, or interpretations as may be required during Work performance in the form of a Technical Guidance Letter. A TGL must be in Grantee Uniform Terms and Conditions Page 15 of 19 v3117 DocuSign Envelope ID. 99AE7DFA•5513D-4F2F-AEF9-56B58F454219 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 govemed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract will be in a court of competent jurisdiction in Travis County, Texas unless otherwise elected by the System Agency. Grantee irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. 9.10 Severability If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract will be construed as if such provision did not exist and the non - enforceability of such provision will not be held to render any other provision or provisions of this Contract unenforceable. 9.11 Survivability Termination or expiration of this Contract or a Contract for any reason will not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed will survive any such termination or expiration, remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration, including maintaining confidentiality of information and records retention. 9.12 Force Majeure Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots, strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant will be suspended, and the affected Party will not be liable for damages for failure to comply with such covenant. In any such event. the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice will set forth the extent and duration thereof. 9.13 No Waiver of Provisions Neither failure to enforce any provision of this Contract nor payment for services provided under it constitute waiver of any provision of the Contract. 9.14 Publicity Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the System Agency, the State of Texas, or any other State agency in any media release, public announcement, or public disclosure relating to the Contract or its subject 31 17 Grantee Unitortn Terms and Conditions Page 16 of 19 DocoSign Envelope ID 99AE7DFA•55BD-4F2F-AEF9-56B58F454219 matter, including in any promotional or marketing materials, customer lists, or business presentations. Grantee may publish, at its sole expense, results of Grantee performance under the Contract with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 9.15 Prohibition on Non -compete Restrictions Grantee will not require any employees or Subcontractors to agree to any conditions, such as non -compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the Stale of Texas. 9.16 No Waiver of Sovereign Immunity Nothing in the Contract will be construed as a waiver of sovereign immunity by the System Agency. 9.17 Entire Contract and Modification The Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible by the System Agency. 9.18 Counterparts This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. 9.19 Proper Authority Each Party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Any Services or Work performed by Grantee before this Contract is effective or after it ceases to be effective are performed at the sole risk of Grantee with respect to compensation. 9.20 Employment Verification Grantee will confirm the eligibility of all persons employed during the contract term to perform duties within Texas and all persons, including subcontractors, assigned by the contractor to perform work pursuant to the Contract. 9.21 Civil Rights a. Grantee agrees to comply with state and federal anti -discrimination laws, including: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d el seq.); 2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); 3. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); 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 el seq.); and v 3.1 17 Grantee Uniform Terms and Conditions Page 17of19 DocuSign Envelope ID 99AE7DFA-55BD-4F2F-AEF9-56B58F454219 7. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. Grantee agrees to comply with all amendments to the above -referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. b. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. c. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: http://hhscx.hhsc.texas.gov system-support- services.°civil-riahts.'oublications d. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Pan 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. e. Upon request, Grantee will provide HHSC Civil Rights Office with copies of all of the Grantee's civil rights policies and procedures. f. Grantee must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 519` Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 Grantee Uniform Terms and Conditions Page 18 of 19 DocuSign Envelope ID' 99AE7DFA-55BD-4F2F-AEF9-561358F454219 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885. Grantee Uniform Terms and Conditions Page 19 of 19 DocuSign Envelope ID: 99AE7DFA-55BD-4F2F-AEF9.56B55F454219 ATTACHMENT D SUPPLEMENTAL CONDITIONS THERE ARE NO SUPPLEMENTAL CONDITIONS FOR THIS CONTRACT THAT MODIFY THE HHS UNIFORM TERMS AND CONDITIONS SPECIAL CONDITIONS SECTION 1.01 NOTICE OF CONTRACT ACTION Grantee shall notify their assigned contract manager if Grantee has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. SECTION 1.02 NOTICE OF BANKRUPTCY Grantee shall notify in writing its assigned contract manager of its plan to seek bankruptcy protection within five days of such action by Grantee. SECTION 1.03 NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS a. Grantee shall immediately report in writing to their contract manager when Grantee has knowledge or any reason to believe that they or any person with ownership or controlling interest in the organization/business, or their agent, employee, contractor or volunteer that is providing services under this Contract has: 1. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; or 2. Been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. b. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by the System Agency. v. 1 1.15.2016 Page 1 DocuSign Envelope ID: 99AE7DFA-55BD-4F2F-AEF9-56B58F454219 SECTION 1.04 GRANTEE'S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL The Grantee shall notify in writing their contract manager assigned within ten days of any change to the Grantee's Contact Person or Key Personnel. v. 11.15 2016 Page 2 Docu I ILUR10 Certificate Of Completion Envelope Id. 99AE7DFA55BD4F2FAEF956B58F454219 Subject $204,855. DSHS Contract No. 537-18-0289-00001; Corpus Chnsti. DCPS - IDCU-SUR Source Envelope. Document Pages. 44 Signatures. 0 Supplemental Document Pages: 0 Initials 0 Certificate Pages. 3 AutoNav Enabled Payments. 0 Envelopeld Stamping: Enabled Time Zone (UTC -06:00) Central Time (US & Canada) Record Tracking Status Original 5/3/2017 1 1:42 PM Signer Events Rosalyn Lazare-Payne rosalyn lazare-payne®hhsc.state.tx.us Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Discosure. Not Offered via DocuSign ID. Patty Melchior Patty Melchior@dshs state.tx us Resource Director Department State Health Services Security Levet Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID: Joe James ioe.james@hhsc.state.tx.us Texas Health and Human Services Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure. Not Offered via DocuSign ID: Annette Rodriguez annetter®cclexas.com Health Director Secunty Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID: Bernie Rodriguez bemie.rodriguez@hhsc.state.tx us Security Level: Email, Account Authentication (None) Holder Marguerite SL Germain marguerite stgermain@hhsc state tx.us Signature Completed Using IP Address. 167.137 1.13 Completed Using IP Address 160.42 85.9 Completed Using IP Address 167.137.1.16 Status Sent Envelope Originator' Marguerite St Germain 1860 Michael Faraday Dr Reston, VA 20190 marguerite.stgermain©hhsc state tx.us IP Address. 167.137.1 17 Location: DocuSign Timestamp Sent: 5/16/2017 i 3.34 PM Viewed: 5/1712017 8:17 AM Signed: 5/17/2017 1 8`17 AM Sent 5/17/2017 1 8:17 AM Viewed. 5/17/2017 1 11:20 AM Signed. 511712017 1 11:21 AM Sent 5/17/2017 1 11:21 AM Viewed 5/19/2017 1 10.32 AM Signed 5/19/2017 1 10 35 AM Sent. 5119/2017 J 1036 AM Signer Events Signature Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Janna Zumbrun Janna-Zumbrun@dshs.state Ix us Security Level. Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Justin Davis Sent. 5/16/2017 13 34 PM Department of State Health Services Security Level: Small, Account Authentication Electronic Record and Signature Disclosure Not Offered via DocuSign Amy Greene amy.greene@hhsc.state.tx us Contract Specialist V Texas Health and Human Services Commission Security Level Email, Account Authentication {None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID Sandy Clark sandy.clark@dshs state.tx.us Contract Manager Texas Health and Human Services Commission Secunty LevelEmail, Account Authentication (None) Electronic Record and Signature Disclosure. Nol Offered wa DocuSign ID Susana Garcia susana garcia@dshs state.tx.us Unit Director Texas Health and Human Services Commission Secunty Level Email, Account Authentication (None) Electronic Record and Signature Disclosure. Not Offered via DocuSign ID COPIED COPIED COPIED COPIED Sent 5/16/2017 l 3 34 PM Sent 5/1712017 1 8.17 AM Sent 5/17/2017 l 11 21 AM Carbon Copy Events William M. Uhlank witliamu2@cctexas com Assistant Director of Public Health Corpus Christi-Nueces County P.H D. Secunty Level Email, Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign ID: DSHS CMU Inbox CMUContracts@dshs texas gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Status COPIED Timestamp Sent: 5/19/2017 110:36 AM Viewed: 6/2/2017 i 4:26 PM Notary Events Tlmestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/19/2017 1 10 36 AM Payment Events Status Timestamps AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 25, 2017 Second Reading Item for the City Council Meeting of August 8, 2017 DATE: July 11, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Lease Agreement with the Corpus Christi Convention & Visitors Bureau CAPTION: Ordinance authorizing the City Manager or designee to execute a five-year lease agreement with Corpus Christi Convention & Visitors Bureau for the following Heritage Park properties in consideration of total monthly rental payment of $3,000.00 with annual increase of 2%, and authorizing credit for improvements: (1) the Jalufka House located at 1513 North Chaparral Street; (2) the Merriman-Bobys House located at 1521 North Chaparral Street; and (3) the McCampbell House located at 1501 North Chaparral; with one five-year extension option upon agreement of the parties. PURPOSE: Lease the Jalufka, Merriman-Bobys and McCampbell Houses to the Corpus Christi Convention & Visitors Bureau (CVB) for office space for its nonprofit operations. BACKGROUND AND FINDINGS: The Buccaneer Commission previously leased the Jalufka House. The Commission required a larger space and is now under lease at the Tex-Mex Railroad Depot, leaving the Jalufka House vacant. The Merriman-Bobys House was previously under a one year lease with Youga Yoga Studio until September 2016. Until last year, the McCampbell House was leased by the Corpus Christi Chamber of Commerce. The lease agreement with the CVB includes the provision for repairs to the properties. ALTERNATIVES: Do not approve the lease for the Jalufka, Merriman-Bobys and McCampbell Houses. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ 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 $6,000 $6,000 BALANCE $6,000 $6,000 Fund(s): General Fund Comments: The Lease will go into effect August 1, 2017 RECOMMENDATION: Approve the lease Agreement with the Corpus Christi Convention & Visitors Bureau LIST OF SUPPORTING DOCUMENTS: Proposed Lease Agreement Ordinance Ordinance authorizing the City Manager or designee to execute a five-year lease agreement with Corpus Christi Convention & Visitors Bureau for the following Heritage Park properties in consideration of total monthly rental payment of $3,000.00 with annual increase of 2%, and authorizing credit for improvements: (1) the Jalufka House located at 1513 North Chaparral Street; (2) the Merriman- Bobys House located at 1521 North Chaparral Street; and (3) the McCampbell House located at 1501 North Chaparral; with one five-year extension option upon agreement of the parties. Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute a five-year Lease Agreement with the Corpus Christi Convention & Visitors Bureau ("CVB") for the lease of the following Heritage Park properties: 1) the Jalufka House located at 1513 North Chaparral Street; 2) the Merriman-Bobys House located at 1521 North Chaparral Street; and 3) the McCampbell House located at 1501 North Chaparral. Section 2. That CVB shall pay total rent of $3,000 each month for the three properties, for the initial 12 month period, with annual increase of 2% each year thereafter. CVB may request and receive monthly rent credit for completed and accepted improvements, not to exceed total credit of $200,000 or the actual cost of the improvements, whichever is less. Section 3. That the agreement may be extended for one five-year extension term upon written agreement of the City Manager and the CVB President. 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 Debbie Lindsey -Opel 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 Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI CONVENTION & VISITORS BUREAU This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly authorized City Manager, or his designee ("City Manager"), and the Corpus Christi Convention & Visitors Bureau, a Texas nonprofit corporation ("Lessee"). WHEREAS, the City is the owner of the following properties which shall be jointly referred to herein as the "Premises": (1) the Jalufka House located in Heritage Park at 1513 North Chaparral Street, Lots 3,4,5,9 and 10, Block 61, Beach Portion, Corpus Christi, Texas, together with all improvements thereon; (2) the Merriman-Bobys House located in Heritage Park at 1521 North Chaparral Street, Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, Texas, together with all improvements thereon; and (3) the McCampbell House located in Heritage Park at 1501 North Chaparral Street, Lots 2, Block 61, Beach Portion, Corpus Christi Texas, together with all improvements thereon; WHEREAS, Lessee has requested the use of the Premises for the purpose of office space for its operations as the Corpus Christi Convention & Visitors Bureau, upon the conditions and covenants contained in this Lease; and, WHEREAS, City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. (B) City Manager means the City's City Manager or the City Manager's designee. (C) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. (D) Lease means this lease document, including all attached and incorporated exhibits. (E) Lessee means Corpus Christi Convention & Visitors Bureau. (F) Parks means the City's Park and Recreation Department. (G) Premises means the following three City properties: (1) the Jalufka House located in Heritage Park at 1513 North Chaparral Street, Lots 3,4,5,9 and 10, Block 61, Beach Portion, Corpus Christi, Texas, together with all improvements thereon; (2) the Merriman-Bobys House located in Heritage Park at 1521 North Chaparral Street. Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, Texas, together with all improvements thereon; and (3) the McCampbell House located in Heritage Park at 1501 North Chaparral Street, Lots 2, Block 61, Beach Portion, Corpus Christi Texas, together with all improvements thereon. Section 2. Purpose. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize Premises for office space for its day-to-day nonprofit corporation operations. Lessee shall not operate the Premises for any other purpose without Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for an initial five-year term which begins upon final City Council approval, unless sooner terminated as set out herein and ending at midnight on the last day of the month in which such approval occurred five (5) years later. This lease may be extended for up to one additional five-year term upon written agreement of the City Manager and the President of Lessee. Section 4. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT I5 LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Page 2 Section 5. Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City lump sum monthly rent for ail of the three properties in total amount of $3000.00 per month for the initial 12 months of the Lease, with an annual increase of 2% each year thereafter. The period commencing upon the date of final City Council approval of this lease and ending on the last day of the month of such approval shall be a rent-free period. Thereafter, rent shall be due effective as of the first day of each month and payable as provided below. (B) Upon completion and acceptance of any improvements constructed in according with Section 6 below, the Lessee may request and receive a monthly rent credit. Lessee shall provide documentation to the Director to verify Lessee's construction costs prior to requesting credit. The total of the monthly rent credits shall not exceed Lessee's cost of construction, up to maximum amount of $200,000. In the event Lessee provides written notice to the Director that such improvements are underway together with a copy of a contract for improvements as provided by Section 6 below, the monthly rental shall be temporarily abated for a period not to exceed three (3) months pending completion of such improvements. Upon the completion of such improvements, the costs of construction paid by Lessee shall be applied as a credit against the monthly rent effective as of the first of the month following the delivery of the notice provided above and continuing each month thereafter until the credit is exhausted. Upon the exhaustion of any credit as provided above, Lessee shall commence or continue the payment of the regular monthly rent. If for any reason no credit is earned during such three-month period, the abated rent shall be due and payable immediately. Any uncredited amounts remaining at the expiration or termination of the Lease shall be forfeited by Lessee. (C) All rents are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box 9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 6. Construction of Improvements. The Lessee desires to complete improvements described on the attached Exhibit A. Prior to commencing any work at the Premises, Lessee shall coordinate with the Director to review the planned improvements including budget, and verify that Lessee has sufficient funds on hand to complete the planned improvements, ("Improvements"). Lessee shall not commence any work at the Premises until the Director issues written approval. Lessee shall require the contractors who are awarded contracts for construction of the Improvements to furnish the following bonds by surety companies authorized to do business in Texas: Payment Bond — A payment bond in the amount of One Hundred Percent of the contract shall be furnished for the protection of all persons, firms, and corporations who may furnish materials or perform labor. The payment bond shall be made with Lessee as an obligee. Page 3 Performance Bond. A performance bond in the amount of One Hundred Percent of the contract shall be fumished covering the faithful performance of the contract. The performance bond shall be made with Lessee as an obligee. Lessee shall include in all construction contracts for the Improvements, in large, bold face text. "Contractor does hereby agree to release, indemnify, defend and hold harmless City of Corpus Christi, and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of contractor, its officers, agents, employees, subcontractors, invitees or any other person arising out of or in connection with the performance of the construction contract, and contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi from any and all such claims and demands." Lessee shall also require the contractors in all construction agreements for the Improvements to furnish insurance in such amounts as specified in Exhibit B. Lessee agrees that the Director of Engineering Services or designee, as well as the Director or designee, will make visits to the Premises at intervals appropriate to the various stages of construction, as they deem necessary. Lessee agrees that the Director of Engineering Services or designee will have the authority to reject Work believed to be defective. Lessee agrees to promptly correct all defective work. Lessee agrees to ensure that all work performed shall be done in full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, including but not limited to the Americans with Disabilities Act and the Americans with Disabilities Act Accessibility Guidelines, and such work shall be subject to City inspection during the performance thereof and after it is completed. Lessee shall discharge all obligations to contractors, subcontractors, materialmen, workers and/or other persons for all work performed and for materials fumished for or on account of Lessee as such obligations mature. Lessee expressly agrees that it will neither give nor grant. nor purport to give or grant any mechanic's or materialmen's lien upon the City's property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or the Improvements thereon, and Lessee will discharge any such lien within thirty (30) days after notice of filing thereof. Lessee shall conduct its operations under this Lease in an orderly and proper manner, considering the nature of such operation, so as not to unreasonably annoy, disturb, or endanger others. The complete cost of developing all necessary plans and specifications, and the cost of construction of the Improvements shall be borne solely by the Lessee at no expense to the City Page 4 whatsoever. Lessee shall pay all taxes, special assessments, or levies, if any, assessed against the Premises or Improvements. Upon completion and acceptance of the Improvements by the Director, said Improvements shall become City property. Any warranties given to Lessee regarding the Improvements shall be transferred and assigned to the City at the same time as the Improvements are accepted by the City. Section 7. Utilities. (A) Lessee shall be responsible to obtain and pay for all utilities to the Premises, including but not limited to, telephone, internet, electricity, water, wastewater, and solid waste. Lessee shall pay for all utilities related to usage of Premises prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. (B) Section 8. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and Lockout. Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the Premises; (b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee. Section 9. Maintenance. During the term of this Lease, Lessee will repair and maintain, at its sole expense, the improvements on the Premises including without limitation the buildings, all fixtures connected therewith, and all personal property thereon. However, the City shall maintain the grounds and landscaping outside the buildings and be responsible for repairs to the HVAC system and repairs to the roof, subject to provisions of Section 29 and subject to availability and appropriation of funds. City has no obligation for such repairs if funds are not budgeted and appropriated for such purpose during the annual City budget process; provided that, in the event that the City fails to make such needed repairs Lessee may terminate this Lease immediately upon written notice. Lessee shall obtain, at its own expense, all required building permits, all utility services, garbage collection, janitorial services, and similar services. Section 10. Furniture, Fixtures, Equipment and Parking. (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. (B) All capital construction to the premises, such as installation of electrical or plumbing fixtures, remains the property of the City. (C) There is no dedicated parking for the Premises. Lessee may utilize the public parking lots in the area as available to the general public. Section 11. City Use. City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Page 5 Section 12. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that its use of the Premises is in accordance with all applicable Federal. State, and local laws, ordinances, rules and regulations. (B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits related to its operations. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements. Section 13. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. Section 14. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 15. Insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Exhibit B, which is incorporated in this Lease by reference. (B) The Certificate of Insurance must be sent to the City's Risk Manager prior to occupancy of and operations at the Premises. Lessee agrees to notify Lessor of any substantive change to its insurance coverage. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if reasonably necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. (0) In the event of any necessary increase, Lessee shall receive ninety (90) days written notice prior to the effective date of the requirement to obtain increased coverage. In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. (E) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration Page 6 will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 6, as contained herein. (F) The City carries the property and flood insurance on the buildings located at the Premises. Lessee is responsible for insuring its own contents. Section 16. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and al! liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance pursuant to this Lease; (2) Lessee's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss, demand, claim or action. Such indemnity provisions contained in this Section 16 herein apply to the extent insurance (as approved by City in Section 15) may apply for protection of the City and Lessee. Section 17. Alterations. (A) Lessee agrees not to harm the Premises beyond normal wear and tear. Page 7 B) All alterations, improvements, and additions made by the Lessee upon said Premises, which are permanent in nature, even if made at Lessee's own expense, shall become the property of the City in fee simple without any other action or process of law. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property of the City. Section 18. Signs. (A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof, without the Director's prior written approval. City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of Directors written demand, City may do or cause the work to be done, and Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 19. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City Manager. Lessee shall not, in whole or in part, assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City Manager. (B) Section 20. Default. (A) The following constitute Events of Default under this Lease: failure to keep._ perform, and observe any provisions contained in this Lease. Upon an event of default. the City may provide written notice of the default and provide Lessee 30 days' to cure the default. (B) Upon the occurrence of any uncured Event of Default, the City may, at its option, in addition to any other remedy or right given hereunder or by law, give notice to Lessee that this Lease terminates upon the date specified in the notice. Such notice period shall be a minimum of 10 days, unless the default is uncurable or represents a danger to health and safety. Section 21. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. Section 22. Notice. (A) All notices, demands, requests or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; or (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Page 8 (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. (C) All these communications must only be made to the following: IF TO CITY: City of Corpus Christi Park and Recreation Department P. O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Director of Park and Recreation IF TO LESSEE: Corpus Christi Convention & Visitors Bureau Attn: President 101 N. Shoreline, Ste. 430 Corpus Christi, TX 78401 (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 23. Nondiscrimination. Lessee covenants and agrees that it shall not unreasonably discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 24. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 25. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. Section 26. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date, or within 30 days written demand. Section 27. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, if required by the City Charter, in the legal section of the local newspaper. Page 9 Section 28. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 28. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 29. Casualty. If the Premises become damaged due to weather event, fire, or other natural or man-made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and repairs are not completed within 30 days of the event of disaster, then either party may terminate this lease upon 30 days written notice to the other party, without penalty. Section 30. Removal of Property upon Termination. It is Lessee's responsibility to remove its personal property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee. Lessee shall be invoiced for City's costs to remove property from the Premises after termination or expiration of the Lease, and Lessee shall pay said invoice within thirty (30) days of receipt. Section 31. Disclosure of Interests. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Government Code and file Foran CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at htto:/Iwww.cctexas.com/government/city-secretary/conflict- disclosure/index. Section 32. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 33. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite Page 10 intent of the parties to this Lease that every section. paragraph, subdivision, clause, provision, phrase or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby. and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision. as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable. will be added to this Lease automatically by the Court construing such clause or provision to be invalid. EXECUTED IN DUPLICATE. each of which shall be considered an original, on the day of 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Margie C. Rose City Secretary City Manager APPROVED AS TO LEGAL FORM this day of , 2017. By. Lisa Aguilar, Assistant City Attorney for City Attorney Page 11 LESSEE: CORPUS CHRISTI CONVENTION & VISITCCORS BUREAU Name: Paulette Kluge Title: President Date: ri Page 12 rq-- EXHIBIT A McCambell House Interior Work Refinish all interior wood Floors — Sand, restrain and apply 2 coats of water based poly sealer Demo Carpeting in 2 left lower room. Repair wood flooring in right front upstairs room — stich in matching wood flooring Replace entire entry foyer ceilings with new Sheetrock, tape & float to match rear. Repair all other ceiling defects on both levels to match existing textures. Repair/ fill all other wall holes to match Remove all wallpaper in front & rear foyers. Remove wallpaper in rear right upstairs room. Prep wall for new paint Repaint all interior walls, ceiling and trim where currently painted Clean, and refresh all current stained woodwork and stairs Misc. Interior: Replace 9 lighting fixtures/ceiling fans, install new bathroom mirror, purchase refrigerator Exterior Work Repair/Rebuild lower & upper balcony railing/spindles that are currently broken; Repair/rebuild & repaint 13 window sashes. repair/replace & repaint crown molding trim on porches and replace/rebuild & paint center railing on the front steps, Repair/replace all exterior rotten porch decking and ceilings boards on both levels. Repair/replace all rotten exterior siding, trim and other window sashes, sills and some framing; Scrape, prime and paint entire exterior body and trim Page 13 Jalufka House Interior Work Refinish all interior wood Floors — Sand, restrain and apply 2 coats of water based poly sealer Remove all wall paper (except kitchen) repair/float and texture walls if needed. Scrape all interior trim, float if needed Repaint all interior walls, ceiling and trim where currently painted Rehang 2 interior door, remove glass & tracks form built-in, add bead board to back of built-in. repair Targe chip in arch way molding Misc. Interior: Replace 4 lighting fixtures/ceiling fans, install new bathroom mirror, purchase refrigerator Exterior Repair/replace all exterior rotten porch decking and ceiling boards; Repair/replace all rotten exterior siding, trim and other window sashes, sills and some framing, Scrape, prime and paint entire exterior body and trim Page 14 Merriman-Bobys House Interior Work Refinish all interior wood Floors — Sand. restrain and apply 2 coats of water based poly sealer Repaint all interior walls ceiling and trim where currently painted Replace and install new kitchen and back room floating vinyl flooring Misc Interior: Replace 6 lighting fixtures/ceiling fans. install 2 new bathroom mirror, purchase refrigerator Exterior Work Repair/replace all exterior rotten porch decking and ceiling boards, Repair/replace all rotten exterior siding trim and other window sashes. sills and some framing; Scrape. prime and paint entire exterior body and trim EXHIBIT B INSURANCE L LESSEE AND LESSEE'S CONTRACTOR'S LIABILITY INSURANCE A. Lessee and Lessee's contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee and Lessee's Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department, 2 copies of Certificates of Insurance (CO1) 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 COL 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 $1,000.000 Combined Single Limit C. In the event of accidents of any kind related to this lease agreement, Lessee and Lessee's Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 16 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee and Lessee's Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee and Lessee's Contractor will be promptly met. B. Lessee and Lessee's Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee and Lessee's 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. Lessee and Lessee's Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee and Lessee's Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee and Lessee's Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured 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 suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 17 E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lessee and Lessee's Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee and Lessee's 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 Lessee and Lessee's 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 Lessee and Lessee's Contractor to stop work hereunder, until Lessee and Lessee's Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee and Lessee's Contractor may be held responsible for payments of damages to persons or property resulting from Lessee and Lessee's Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee and Lessee's Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Page 18 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: July 25, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd@cctexas.com (361) 826-1909 Jay Ellington, Director of Parks and Recreation JayEll@cctexas.com (361) 826-3042 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Purchase of Three 2017 Ford F-250 CNG Trucks for Park and Recreation CAPTION: Ordinance appropriating $153,814.00 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of three 2017 Ford F-250 CNG trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $153,814.00; authorizing the City Manager or designee to execute all necessary documents to purchase a total of three 2017 Ford F-250 CNG trucks for $153,814.00 from Rush Truck Center, of New Braunfels, through a Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park operations. PURPOSE: This item is to approve the purchase of three 2017 Ford F-250 CNG trucks to be used by park operations staff. BACKGROUND AND FINDINGS: The three vehicles will be utilized by Park Operations staff for daily operations. The three trucks are replacements units for vehicles currently used by the construction and irrigation crews. An F-250 is required to equip a service body. In turn, the department requires the service bodies on their vehicles to hold bins used to keep tools and materials secured, which are necessary to make quick repairs to irrigation systems and park structures. The % ton vehicles are also used to haul equipment and materials to the work sites. The vehicles being replaced are unit # 2824 a 1999 Ford F-250 with 276,198 miles; unit # 2810 a 2001 Ford F-250 with 241,729 miles; and, unit # 7826 a 1995 Ford F-250 with 206,007 miles. The three vehicles mentioned above have reached the end of their service life and will be retired upon delivery of the new vehicles. 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: Fleet Maintenance Services and Parks and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $3,620,556.09 $0.00 $3,650,556.09 Encumbered / Expended Amount $2,843,048.13 $2,843,048.13 This item $153,814.00 $0.00 $153,814.00 BALANCE $623,693.96 $0.00 $623,693.96 Fund(s): Fleet Maintenance Services Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Price Sheet Ordinance appropriating $153,814.00 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of three 2017 Ford F-250 CNG trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $153,814.00; authorizing the City Manager or designee to execute all necessary documents to purchase a total of three 2017 Ford F-250 CNG trucks for $153,814.00 from Rush Truck Center, of New Braunfels, through the Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park operations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $153,814.00 are appropriated from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of three 2017 Ford F-250 CNG trucks. The FY2016-17 operating budget adopted by Ordinance No. 030965 is amended to increase expenditures by $153,814.00. SECTION 2. The City Manager, or designee, is authorized to execute all documents necessary to purchase three 2017 Ford F-250 CNG trucks for $153,814.00 from Rush Truck Center, of New Braunfels, through the Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park operations. 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 Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn PASSED AND APPROVED this day of , 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION PRICE SHEET FORD F-250 TRUCKS FOR PARKS AND RECREATION TLGPC 521-16 QTY. UNIT Rush Truck Centers of Texas, L.P. New Braunfels, Texas UNIT PRICE EXTENDED PRICE 1. 2017 Ford F-250 CNG Service Body Truck 3 EA $50,638.00 $151,914.00 2. BuyBoard Fee 1 EA $400.00 $400.00 3. Freight 3 EA $500.00 $1,500.00 Purchase Cost: $153,814.00 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: July 11, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd@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 Kim B2@cctexas.com (361) 826-3169 Purchase of Five Brush Trucks for Solid Waste Operations CAPTION: Ordinance appropriating $832,628.52 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of two brush trucks, two rear steer loader brush trucks and one self -loader brush truck; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $832,628.52; authorizing the City Manager or designee to execute all necessary documents to purchase a total of five 2018 Freightliner Chassis for $510,871.00 from Houston Freightliner, of Houston, Texas, and five brush truck bodies for $321,757.52 from Petersen Industries, Lake Wales, Florida, based on the cooperative purchasing agreements with Houston -Galveston Area Council and National Joint Powers Alliance, for a total amount not to exceed $832,628.52, for use by the Solid Waste Operations. PURPOSE: This item is to approve the purchase of two brush trucks, two rear steer loader brush trucks and one self -loader brush truck to be used by staff of Solid Waste Operations. BACKGROUND AND FINDINGS: The two brush trucks will replace existing fleet diesel brush trucks with CNG units. One unit is 17 years old with 24,000 hours of operation and the other unit is 10 years old with 14,000 hours of operation. The two rear steer brush loaders are essential to the collection of brush for solid waste operations. The equipment is capable of an operator displacing himself/herself from the cab and taking another steering position at the rear of the unit to operate the unit in the reverse mode and pick up brush with a grapple. The two rear steer brush loaders are replacing 10 years old units with 16,000 and 17,000 hours respectively. The self -loading brush truck is important to the brush collection effort for solid waste operations. This unit is equipped with a built-in crane with a grapple on the end and possesses a unique capability to collect and dispose of brush. This unit will be replacing a 10 year old unit with more than 13,000 hours of run time. 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: Solid Waste Operations and Fleet Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $3,700,556.09 $0.00 $3,700,556.09 Encumbered / Expended Amount $2,843,048.13 $2,843,048.13 This item $832,628.52 $0.00 $832,628.52 BALANCE $24,879.44 $0.00 $24,879.44 Fund(s): Fleet Maintenance Services Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Price Sheet Ordinance appropriating $832,628.52 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of two brush trucks, two rear steer loader brush trucks and one self -loader brush truck; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $832,628.52; authorizing the City Manager or designee to execute all necessary documents to purchase a total of five 2018 Freightliner Chassis for $510,871.00 from Houston Freightliner, of Houston, Texas, and five brush truck bodies for $321,757.52 from Petersen Industries, Lake Wales, Florida, based on the cooperative purchasing agreements with Houston -Galveston Area Council and National Joint Powers Alliance, for a total amount not to exceed $832,628.52, for use by the Solid Waste Operations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $832,628.52 are appropriated from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of two brush trucks, two rear steer loader brush trucks and one self -loader brush truck. The FY2016-17 operating budget adopted by Ordinance No. 030965 is amended to increase expenditures by $832,628.52. SECTION 2. The City Manager, or designee, is authorized to execute all documents necessary to purchase five 2018 Freightliner Chassis for $510,871.00 from Houston Freightliner, of Houston, Texas, and five brush truck bodies for $321,757.52 from Petersen Industries, Lake Wales, Florida, based on the cooperative purchasing agreements with Houston -Galveston Area Council and National Joint Powers Alliance, for a total amount not to exceed $832,628.52, for use by the Solid Waste Operations. 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 Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn PASSED AND APPROVED this day of , 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET BRUSH TRUCKS H -GAC HT06-16 NJPA 070313-PII ITEM DESCRIPTION QTY. UNIT Houston Freightliner Houston, Texas Petersen Industries Lake Wales, Florida UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1. 2018 Freightliner 114SD Brush Truck Chassis 2 EA $149,676.00 $299,352.00 2. Model TB -2245, Trash Body 2 EA $44,380.68 $88,761.36 3. 2018 Freightliner M2-106-70 Self Loader Chassis 1 EA $72,403.00 $72,403.00 4. Model TL3 Base Self Loader 1 EA $61,984.40 $61,984.40 5. 2018 Freightliner M2-106-70 Rear Steer Chassis 2 EA $69,558.00 $139,116.00 6. Model RS3 Base Loader 2 EA $85,505.88 $171,011.76 $510,871.00 Grand Total: $832,628.52 $321,757.52 AGENDA MEMORANDUM First Reading Ordinance for City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: July 25, 2017 TO: Margie C. Rose, City Manager FROM: Fred A. Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Appropriating FAA Grant Funds for Purchase of Aircraft Rescue Fire Fighting (ARFF) Vehicle CAPTION: Ordinance appropriating $765,790 from Federal Aviation Administration Grant No. 3-48- 0051-055-2017 in the No. 3020 Airport Capital Improvement Fund for the purchase of a Class 4 Aircraft Rescue Fire Fighting (ARFF) vehicle for use at Corpus Christi International Airport; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $765,790 each; authorizing the City Manager or designee to execute a supply agreement with Oshkosh Airport Products, LLC, of Appleton, Wisconsin, to purchase the ARFF vehicle in accordance with Request for Bid (RFB) No. 1093 based on the lowest responsive, responsible bid of $855,155, with the 10% match and additional funds for the purchase paid from Airport fund reserves. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements and equipment at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. CCIA has three ARFF vehicles that are used for fire suppression crash rescue in the event on aircraft emergency. Rescue Units 1 & 3 are in service with Rescue Unit 2 out of service with various major maintenance issues. The purchase of the new unit will allow for two reliable vehicles in service and a functioning reserve as back- up. Upon purchase of the new unit, Rescue 2 will be disposed of as surplus. BACKGROUND AND FINDINGS: The existing ARFF vehicle, purchased in 1995, was retro fitted with high reach extendible turret (HRET) and penetrating nozzle. Parts have become difficult to procure for this particular model and CCIA currently has the vehicle offline due to major mechanical issues. The Airport is recommending the purchase of a 1500 -gallon ARFF vehicle with a HRET and an ARFF Training Simulator and prop. These options will allow vehicle drivers/operators to become familiar with, and enhance the skills necessary for hands-on operation of an ARFF vehicle equipped with a HRET. This vehicle will provide necessary ARFF service at CCIA and meet Federal Aviation Regulation (FAR) Part 139.319 operational requirements. Requirements include the establishment of rescue paths for escaping passengers and crew, and increasing the survivability of interior conditions and thus passengers utilizing the HRET. This replacement vehicle is necessary for CCIA to maintain its current Index for Aircraft Rescue and Firefighting response capability. Completion of our runway projects in May of 2016, has resulted in CCIA resuming full operation and handling of 100,000 aircraft takeoffs and landings annually. In addition, CCIA is the diversion airport for our major airlines, United Airlines, Southwest Airlines and American Airlines. These diversions typically include wide-body aircraft. In addition to their primary function of optimum level of ARFF suppression capability, the vehicle may also be suitable for other fire protection assignments such fuel spills or large truck accidents. The Purchasing Division conducted a competitive RFB. Two bids were received out of 52 notifications issued. Staff recommends awarding a supply agreement to Oshkosh Airport Products, LLC as the lowest, responsive, responsible bidder. ALTERNATIVES: No viable alternative exists as FAA requires ARFF vehicles at airports providing commercial air service. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures, State statutes regulating procurement as well as with FAA Advisory Circular 150/5220-10E. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Aviation and Purchasing FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $855,155* $0 $855,155 Encumbered / Expended Amount $0 $0 $0 This item $855,155 $0 $855,155 BALANCE $0 $0 $0 Fund(s): Airport 2012 CO and Airport Capital Improvement Fund Comments: *Budget reflects $765,790 funds from Federal Aviation Administration Grant being authorized by this action. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Bid Tabulation Supply Agreement Ordinance appropriating $765,790 from Federal Aviation Administration Grant No. 3-48-0051-055-2017 in the No. 3020 Airport Capital Improvement Fund for the purchase of a Class 4 Aircraft Rescue Fire Fighting (ARFF) vehicle for use at Corpus Christi International Airport; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $765,790 each; authorizing the City Manager or designee to execute a supply agreement with Oshkosh Airport Products, LLC, of Appleton, Wisconsin, to purchase the ARFF vehicle in accordance with Request for Bid No. 1093 based on the lowest responsive, responsible bid of $855,155.00, with the 10% match and additional funds for the purchase paid from Airport fund reserves. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $765,790 are appropriated from Federal Aviation Administration Grant No. 3-48-0051-055-2017 in the No. 3020 Airport Capital Improvement Fund for the purchase of Class 4 Aircraft Rescue Fire Fighting (ARFF) vehicle for use at the Corpus Christi International Airport. Additional funds necessary for this purchase, including the required 10% matching funds, will be paid from Airport fund reserves. SECTION 2. The FY2016-2017 Capital Budget adopted by Ordinance No. 030936 is amended by increasing revenues and expenditures each by $765,790. SECTION 3. The City Manager, or designee, is authorized to execute a supply agreement for $855,155 with Oshkosh Airport Products, LLC, of Appleton, Wisconsin, to purchase the ARFF vehicle, in accordance with Request for Bid No. 1093, as the lowest responsive, responsible bid. 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 Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Rudy Garza Ben Molina Lucy Rubio Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Greg Smith Carolyn Vaughn PASSED AND APPROVED this day of , 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: Roberta Ortiz ITEM DESCRIPTION BASE BID 1 Class 4 Aircraft Rescue Firefighting Vehicle UNIT OF MEASURE QTY Lump Sum 1 OPTIONS - ADD ALTERNATES 2 Computer Based Training Lump Sum 1 Airport Professional Services Penetration 3 Aircraft Skin Trainer System Lump Sum 1 4 Under -truck nozzles Each 3 8 Truck Mounted hand held LED lantern Each 2 Combination Hydrant and Spanner Wrench 9 Holder set with vehicle mounted brackets including mounting Each 2 Halotron clean Agent 15.5 Ib. and mounting 10 bracket including mounting Each 1 Potassium Bicarbonate Extinguisher with 11 vehicle mounted bracket including mounting Each 1 12 mounted bracket Each 1 Class D Fire Extinguisher with vehicle BID TABULATION BID NO. 1093 AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE Oshkosh Airport Products, LLC Appleton, WI UNIT TOTAL PRICE PRICE ***Rosenbauer Minnesota, LLC Wyoming, MN UNIT TOTAL PRICE PRICE $782,839.00 $782,839.00 $789,901.00 $789,901.00 $782,839.00 $789,901.00 $54,750.00 $54,750.00 $30,102.00 $30,102.00 $13,289.00 $13,289.00 $12,267.00 $12,267.00 $681.00 $2,043.00 $273.00 $819.00 $461.00 $922.00 $165.00 $330.00 $191.00 $382.00 $433.00 $433.00 $155.00 $155.00 $342.00 $342.00 $72,316.00 $208.00 $416.00 $624.00 $624.00 $201.00 $201.00 $416.00 $416.00 ***Rosenbauer Minnesota, LLC's bid for item 1 does not meet the Class 4 Vehicle specifications outlined in RFB No. 1093 Aircraft Rescue and Fire Fighting Vehicle. The cost of the ARFF is the base plus add alternates 2-4 and 8-12 for a total cost of $855,155.00. SUPPLY AGREEMENT NO. 1093 AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE THIS Aircraft Rescue and Fire Fighting Vehicle Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Oshkosh Airport Products, 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 an Aircraft Rescue and Fire Fighting Vehicle in response to Request for Bid No. 1093 ("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 an Aircraft Rescue and Fire Fighting Vehicle 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 0 -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 $855,155.00, 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 this Agreement, including deductions for non-performance and Page 1 of 7 authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Chief John Hyland Department: Department of Aviation Phone: (361) 289-0171 Ext. 1221 Email: JohnHy@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 Agreement shall be warranted by the Supplier or, if indicated in the bid specifications by the manufacturer, for the period stated in the bid Page 2 of 7 specifications. The bid specifications are attached to this Agreement and incorporated by reference into this Agreement as if fully set out here in their 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. 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. Page 3 of 7 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: John Hyland Title: Airport Public Safety Chief Address: 1000 International Dr., Corpus Christi, Texas 78406 Fax: (361) 289-0215 IF TO SUPPLIER: Oshkosh Airport Products, LLC Attn: Tom Carle Title: Regional Sales Manager Address: 3100 N. McCarthy Road, Appleton, WI 54913 Fax: (920) 749-2262 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 CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER M UST, AT ITS OWN Page 4 of 7 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, 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 Page 5of7 inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments; then, B. the bid solicitation document, including addenda (Exhibit 1); then, 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. Federal Requirements. Supplier's performance under this Supply Agreement is at all times subject to compliance with the federal requirements and certifications in Attachment D, including several certifications which require written completion and execution by the Supplier in compliance with federal law and submission by the Supplier to the City concurrent with Supplier's bid. The content of Attachment D is incorporated by reference into this Supply Agreement as if the content was fully set out here in its entirety. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 6of7 SUPPLIER Signature: Printed Name: Jef`f Resch Title: Vice President and General Manager Date: June 26, 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: Federal Contract Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1093 Exhibit 2: Supplier's Bid Response eyed as to fo-rm. c28/1'7 Ass nt City A torney Fo ty Attorney Page 7 of 7 ATTACHMENT A: SCOPE OF WORK VEHICLE SPECIFICATION, CLASS 4 AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) VEHICLE 1. SCOPE. This Specification (PS) covers a commercially produced diesel engine driven ARFF vehicle for an Index B airport. It includes a 1500 gallon water/Aqueous Film Forming Foam (AFFF) fire suppression system: 450 Ib potassium -based dry chemical only. The ARFF vehicle is intended to carry rescue and fire fighting equipment for the purpose of rescuing aircraft passengers, preventing aircraft fire loss, and combating fires in aircraft. 2. CLASSIFICATION. The ARFF vehicle(s) covered by this PS are classified in accordance with Part 139, Certification and Operations: Land Airports Serving Certain Air Carriers, Section 315, Aircraft Rescue and Firefighting: Index Determination; Section 317, Aircraft Rescue and Firefighting: Equipment and Agents; and Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5220-10, Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles, as follows: Airport Index Vehicle Class Minimum Rated Capacities (gallons/liters) Index B 4 1500 gallon (5678 liter) water/AFFF solution 3. VEHICLE CONFORMANCE/PERFORMANCE CHARACTERISTICS. The ARFF vehicle will be in accordance with the applicable requirements of National Fire Protection Association (NFPA) 414, Standard for Aircraft Rescue and Fire Fighting Vehicles (2007 Edition), and AC 150/5220-10, Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles. 3.1 General Administration Requirements. 3.1.1 Manuals: Technical manuals will consist of operator, service, and parts manuals. All manuals are required to be provided in hardcopy and in digital format on CDs when requested. 3.1.1.1 Technical manuals. The overall format for the manuals will be commercial. Each technical manual will have a title page. Line art will be used to the maximum extent possible for illustrations and parts lists. One complete set of engine and transmission parts, service and operator's manuals will be packed with each vehicle. a. The contractor will provide digitized manuals in CD format when requested in addition to or in place of printed paper copies. b. The contractor will provide two complete sets of hardcopy manuals and / or CDs when requested. Page 1 of 28 3.1.1.1.1 Operator's manual. The operator's manual will include all information required for the safe and efficient operation of the vehicle, including fire extinguishing systems, equipment, and any special attachments or auxiliary support equipment. As a minimum, the operator's manual will include the following: a. The location and function of all controls and instruments will be illustrated and functionally described. b. Safety information that is consistent with the safety standards established by the Occupational Safety and Health Administration (OSHA) and NFPA. c. All operational and inspection checks and adjustments in preparation for placing the vehicle into service upon receipt from the manufacturer. d. Tie down procedures for transport on a low -boy trailer. e. Warranty information and the period of the warranty coverage for the complete vehicle and for any component warranty that exceeds the warranty of the complete vehicle. Addresses and telephone numbers will be provided for all warranty providers. f. General description and necessary step-by-step instructions for the operation of the vehicle and its fire extinguishing system(s) and auxiliary equipment. A description of the post -operational procedures (draining, flushing, re - servicing, et cetera). h. Daily maintenance inspection checklists that the operator is expected to perform, including basic troubleshooting procedures. i. Disabled vehicle towing procedures. j. Procedures and equipment required for changing a tire. k. Schedules (hours, miles, time periods) for required preventative maintenance and required periodic maintenance. I. Line art drawing of the vehicle, including panoramic views (front, rear, left, and right sides) showing basic dimensions and weights (total vehicle and individual axle weight for the unloaded and fully loaded vehicle). For the purposes of this AC, "unloaded" is defined as a lack of agent, occupants and compartment load, and "loaded" is defined as including agent, occupants and compartment load. g. 3.1.1.1.2 Service manual. The service manual will identify all special tools and test equipment required to perform servicing, inspection, and testing. The manual will cover troubleshooting and maintenance as well as minor and major repair procedures. The text will contain performance specifications, tolerances, and fluid capacities; current, voltage, and resistance data; test procedures; and illustrations and exploded views as may be required to permit proper maintenance by qualified vehicle mechanics. The manual will contain an alphabetical subject index as well as a table of contents. The service manual will contain at least the following, where applicable: a. Fire fighting system schematic(s). Page 2 of 28 b. Hydraulic schematic. c. Pneumatic schematic. d. Electrical schematic. e. Winterization schematic. f. Fuel schematic. g. Schedules for required preventative maintenance and required periodic maintenance. h. Lubrication locations, procedures, and intervals for parts of the vehicle and equipment that require lubrication. 3.1.1.1.3 Parts identification manual. The parts manual will include illustrations or exploded views (as needed) to identify properly all parts, assemblies, subassemblies, and special equipment. All components of assemblies shown in illustrations or exploded views will be identified by reference numbers that correspond to the reference numbers in the parts lists. All purchased parts will be cross-referenced with the original equipment manufacturer's (OEM) name and part number. The parts identification manual will provide the description and quantity of each item used for each vehicle. The size, thread dimensions, torque specifications, and special characteristics will be provided for all nonstandard nuts, bolts, screws, washers, grease fittings, and similar items. The manual will contain a numerical index. The parts manual will contain a list of all of the component vendor names, addresses, and telephone numbers referenced in the parts list. 3.1.2 Painting, plating, and corrosion control. 3.1.2.1 Finish. Exterior surfaces will be prepared, primed, and painted in accordance with all of the paint manufacturer's instructions and recommendations. Vehicles will be painted and marked in accordance with AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an Airport. The interior finish of all compartments will be based on the manufacturer's standard production practice. This may include painting, texturing, coating or machine swirling as determined by the manufacturer. All bright metal and anodized parts, such as mirrors, horns, light bezels, tread plates, and roll -up compartment doors, will not be painted. All other surfaces capable of being painted must be in the appropriate yellow -green color. 3.1.2.2 Dissimilar metals. Dissimilar metals, as defined in MIL -STD -889, Dissimilar Metals, will not be in contact with each other. Metal plating or metal spraying of dissimilar base metals to provide electromotively compatible abutting surfaces is acceptable. The use of dissimilar metals separated by suitable insulating material is permitted, except in systems where bridging of insulation materials by an electrically conductive fluid can occur. Page 3 of 28 3.1.2.3 Protection against deterioration. Materials that deteriorate when exposed to sunlight, weather, or operational conditions normally encountered during service will not be used or will have a means of protection against such deterioration that does not prevent compliance with performance requirements. Protective coatings that chip, crack, or scale with age or extremes of climatic conditions or when exposed to heat will not be used. 3.1.2.4 Reflective stripes. A minimum eight (8) inch horizontal band of high gloss white paint or white reflective tape (Retroreflective, ASTM -D 4956-09, Standard Specification for Retroreflective Sheeting for Traffic Control, TYPE III & above) must be applied around the vehicle's surface. This reflective striping shall match the current fleet. 3.1.2.5 Lettering. The manufacturer will apply the airport's 'Name' and 'Insignia' (if available) in a contrasting color or by decal on both sides of the vehicle in long radius elliptical arches above and below the lettering center line. The size of the lettering will be a minimum of 21/2 -inches to a maximum of 6 -inches. Reflective lettering is allowed if the material is the same as that which is used for the reflective stripe (as specified in AC 150/5210-5) . 3.1.3 Vehicle identification plate. A permanently marked identification plate will be securely mounted at the driver's compartment. The identification plate will contain the following information: a. NOMENCLATURE b. MANUFACTURER'S MAKE AND MODEL c. MANUFACTURER'S SERIAL NUMBER d. VEHICLE CURB WEIGHT: kg (pounds) e. PAYLOAD, MAXIMUM: kg (pounds) f. GROSS VEHICLE WEIGHT (GVW): kg (pounds) g. FUEL CAPACITY AND TYPE: gals (gallons) h. DATE OF DELIVERY (month and year) i. WARRANTY (months and km (miles)) j. CONTRACT NUMBER k. PAINT COLOR AND NUMBER Page 4 of 28 A second permanently marked information data plate will be securely mounted on the interior of the driver's compartment. The plate will contain the information required by NFPA 414, Standard for Aircraft Rescue and Fire Fighting Vehicles (2007 Edition), Section 1.3.5 Vehicle Information Data Plate. A single plate that combines or contains the information required for both plates is acceptable. 3.1.4 Environmental conditions. 3.1.4.1 Vehicle operation and storage temperature conditions will vary with geographical location. Thus, the locality temperature range can go from -40° to 1 10°F. Refer to NFPA 414 for vehicle winterization criteria. 3.1.4.2 Temperature range. The vehicle will be capable of satisfactory storage and operation in temperatures ranging from 33° to 1 10°F. The vehicle will be equipped with a cab, chassis, and agent winterization system, permitting operation at 33°F. The winterization system will not detract from the performance of the vehicle or the firefighting system in ambient temperatures up to 110°F. 3.1.5 Reduction of potential foreign object damage. All loose metal parts, such as pins, will be securely attached to the vehicle with wire ropes or chains. Removable exterior access panels, if provided, will be attached with captive fasteners. 3.1.6 Vehicle Mobility. 3.1.6.1 Operating terrain. The vehicle will be capable of operating safely on paved roads, graded gravel roads, cross country terrain, and sandy soil environments. Cross country terrain consists of open fields, broken ground, and uneven terrain. An off-road, high -mobility suspension system resulting in no more than 0.5 Grms acceleration at the driver's seat of the vehicle when traversing an 8 -inch (20 cm) diameter half round at 35 mph (56 kph) must be provided. The suspension design by which the manufacturer meets the suspension performance requirements is at the manufacturer's discretion. 3.1.6.2 Gradeability. The fully loaded vehicle will be able to ascend any paved slope up to and including 50 -percent. 3.1.6.3 Side slope stability. The fully loaded vehicle will be stable on a 30° side slope when tested in accordance with NFPA 414. 3.1.6.4 Cornering stability. The fully loaded vehicle will be stable in accordance with NFPA 414 when tested in accordance with NFPA 414. 3.2 Weights and dimensions. 3.2.1 Overall dimensions. The maximum dimensions listed below are desirable to ensure vehicles can be accommodated in existing fire stations. Likewise, the overall dimensions should be held to a minimum that is consistent with the best operational performance of the vehicle and the design concepts needed to achieve this performance and to provide maximum maneuverability in accordance with NFPA 414. Page 5 of 28 Vehicle Capacity 1500 /Dimensions Gallon Length (inches/cm) 433/110 Width (inches/cm, excluding 124/315 Height (inches/cm) 154/391 NOTE: For Airport Operator Validation: Consult AC 150/5210-15, Aircraft Rescue and Fire Fighting Station Building Design, Appendix A, to ensure vehicles measurements do not exceed existing airport fire station dimensions. 3.2.2 Angles of approach and departure. The fully loaded vehicle will have angles of approach and departure of not less than 30°. 3.2.3 Field of vision. The vehicle will have a field of vision in accordance with NFPA 414. 3.2.3.1 Mirrors. Combination flat and convex outside rearview mirrors will be installed on each side of the cab. The flat mirrors will be of the motorized remote control type, providing not less than 60° horizontal rotational viewing range. The flat mirrors will also have electrically heated heads. Mirror remote and heating controls will be located on the instrument panel within reach of the seated driver. To provide the driver a clear view of the area ahead of the vehicle and to eliminate potential blind spots, a rectangular mirror will be installed on the lower corner of each side of the windshield, having a minimum area of 35 square inches. The vehicle will have a back-up (rear-view) camera with a display monitor mounted above the driver in the cab. Cameras and monitors that are designed to replace the function of the side -view mirrors are not an approved option in this specification. 3.3 Chassis and vehicle components. 3.3.1 Engine. The vehicle will have a turbocharged diesel engine that is certified to comply with the Environmental Protection Agency (EPA) and state laws for off- highway emission requirements at the time of manufacture. The engine and transmission must operate efficiently and without detrimental effect to any drive train components when lubricated with standard, commercially available lubricants according to the recommendations of the engine and transmission manufacturers. Vehicle will have a high idle function for extended stand-by operations. 3.3.1.1 Acceleration. The fully loaded vehicle will accelerate from 0 to 50 miles per hour (mph) on a level paved road within: 25 seconds. 3.3.1.2 Maximum speed. The fully loaded vehicle will attain a minimum top speed of 70 mph on a level, paved road. 3.3.1.3 Pump and roll on a 40 -percent grade. The fully loaded vehicle will be capable of pump and roll operations on a paved, dry, 40 -percent grade in accordance with NFPA 414. Page 6 of 28 3.3.1.4 Altitude. Where justified, the vehicle, including the pumping system, will be designed for operation at 2,000 feet above sea level. 3.3.2 Engine cooling system. The engine cooling system will be in accordance with NFPA 414. A label will be installed near the engine coolant reservoir reading "Engine Coolant Fill." 3.3.3 Fuel system. The fuel system will be in accordance with NFPA 414. 3.3.3.1 Fuel priming pump. The vehicle will be equipped with an electric or pneumatic fuel pump in addition to the mechanical fuel pump. The electric/pneumatic pump will be used as a priming pump capable of re -priming the engines fuel system. 3.3.3.2 Fuel tank. The vehicle will have one or two fuel tanks with a minimum usable capacity in accordance with NFPA 414, as amended by NFPA 414. Each tank will have a fill opening of 3 inches minimum, readily accessible to personnel standing on the ground and designed to prevent fuel splash while refueling. Each tank will be located and mounted so as to provide maximum protection from damage, exhaust heat, and ground fires. If more than one tank is furnished, means will be provided to assure equalized fuel level in both tanks. An overturn fuel valve will be provided for each tank to prevent spillage in the event of a rollover. Each fuel tank must be prominently labeled "Diesel Fuel Only". 3.3.4 Exhaust system. The exhaust system will be in accordance with NFPA 414. The exhaust system will be constructed of high grade rust resistant materials and protected from damage resulting from travel over rough terrain. The muffler(s) will be constructed of aluminized steel or stainless steel. Exhaust system outlet(s) will be directed upward or to the rear, away from personnel accessing equipment compartments and the engine air intake, and will not be directed toward the ground. 3.3.5 Transmission. A fully automatic transmission will be provided. The transmission will be in accordance with NFPA 414. 3.3.6 Driveline. The vehicle driveline will be in accordance with NFPA 414. If the driveline is equipped with a differential locking control, a warning/caution label will be placed in view of the driver indicating the proper differential locking/un-locking procedures. The operator's manual will also include a similar warning/caution. All moving parts requiring routine lubrication must have a means of providing for such lubrication. There must be no pressure lubrication fittings where their normal use would damage grease seals or other parts. 3.3.7 Axle capacity. Each axle will have a rated capacity, as established by the axle manufacturer, in accordance with NFPA 414. 3.3.8 Suspension. The suspension system will be in accordance with NFPA 414 and AC 150/5220-10, Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles. Page 7 of 28 3.3.9 Tires and wheels. Tires and wheels will be in accordance with NFPA 414. The vehicle will be equipped with single tires and wheels at all wheel positions. The vehicle will be equipped with tubeless steel belted radial tires with non -directional on/off-road type tread mounted on disc wheel assemblies. Tire and wheel assemblies will be identical at all positions. Tires and wheels will be certified by the manufacturer for not less than 25 miles of continuous operation at 60 mph at the normal operational inflation pressure. A spare tire and wheel assembly will be provided; however, the spare tire and wheel assembly are not required to be mounted on the vehicle. Tires will be new. Retreads, recaps, or re -grooved tires will not be permitted. Tire bead locks, where justified, may be installed on all tires and rims. 3.3.10 Towing connections. The vehicle will be equipped with towing connections in accordance with NFPA 414. The vehicle will be designed for flat towing; the capability to lift and tow the vehicle is not required. The tow connections may intrude into the 30 degree approach angle. 3.3.11 Brake system. The vehicle will be equipped with a multi -channel all -wheel antilock brake system with at least one channel for each axle. The brakes will be automatic, self- adjusting and fully air -actuated. Brakes will be in accordance with CFR 49 CFR 393.40 through 393.42(b)), 393.43, and 393.43 through 393.52. The braking system, complete with all necessary components will include: a. Air compressor having a capacity of not less than 16 standard cubic feet per minute (SCFM). b. Air storage reservoir(s), each tank equipped with drain (bleed) valves, and with safety and check valves between the compressor and the reservoir tank. c. Automatic moisture ejector on each air storage reservoir. Manual air tank drains are acceptable if they are labeled, are centrally located in one compartment and are accessible by an individual standing at the side of the vehicle. d. Automatic slack adjusters on cam brakes or internal self-adjusting brakes on wedge brakes on all axles. e. Spring set parking brakes. All components of the braking system will be installed in such a manner as to provide adequate road clearance when traveling over uneven or rough terrain, including objects liable to strike and cause damage to the brake system components. No part of the braking system will extend below the bottom of wheel rims, to ensure, in case of a flat tire, that the weight of the vehicle will be supported by the rim and the flat tire and not be imposed on any component of the braking system. Slack adjusters and air chambers will be located above the bottom edge of the axle carrier. Page 8 of 28 3.3.1 1.1 Air dryer. A replaceable cartridge desiccant air dryer will be installed in the air brake system. The dryer will have the capability of removing not less than 95 percent of the moisture in the air being dried. The dryer will have a filter to screen out oil and solid contaminants. The dryer will have an automatic self-cleaning cycle and a thermostatically controlled heater to prevent icing of the purge valve. 3.3.11.2 Compressed air shoreline or vehicle -mounted auxiliary air compressor. A flush mounted, check valved, auto -eject compressed air shoreline connection will be provided to maintain brake system pressure while the vehicle is not running. The shoreline will be flush mounted (not to extend outside the body line), located on the exterior of the vehicle, either on the left side rear corner of the cab, or at the rear of the vehicle. In lieu of a compressed air shoreline connection, the vehicle may be equipped with a 110 volt shoreline connected vehicle -mounted auxiliary air compressor. In lieu of a compressed air shoreline connection, the vehicle may be equipped with an electrical shoreline connected vehicle mounted auxiliary air compressor. A vehicle mounted 110v air compressor shall be provided for this contract. 3.3.12 Steering. The vehicle will be equipped with power steering. Rear -wheel steering technology is not an approved vehicle option. 3.3.12.1 Steering effort. The steering system performance will be in accordance with NFPA 414. 3.3.12.2 Turning diameter. The fully loaded vehicle will have a wall to wall turning diameter of less than three times the overall length of the vehicle in both directions in accordance with NFPA 414. 3.3.13 License plate bracket. A lighted license plate bracket will be provided at the left rear and left front of the vehicle. The location of the left front bracket will be placed so as not to interfere with the operation of fire fighting systems. 3.4 Cab. The vehicle will have a fully enclosed two door cab of materials which are corrosion resistant, such as aluminum, stainless steel, or glass reinforced polyester construction. Steps and handrails will be provided for all crew doors, and at least one grab handle will be provided for each crew member, located inside the cab for use while the vehicle is in motion. The lowermost step(s) will be no more than 22 inches above level ground when the vehicle is fully loaded. A tilt and telescoping steering column will be provided. 3.4.1 Windshield and windows. The windshield and windows will be of tinted safety glass. Each door window will be capable of being opened far enough to facilitate emergency occupant escape in the event of a vehicle accident. The vehicle windows will have an electric control system. 3.4.2 Cab interior sound level. The maximum cab interior sound level will be in accordance with NFPA 414. Page 9 of 28 3.4.3 Instruments and controls. All instruments and controls will be illuminated and designed to prevent or produce windshield glare. Gauges will be provided for oil pressure, coolant temperature, and automatic transmission temperature. In addition to the instruments and controls required by NFPA 414, the following will be provided within convenient reach of the seated driver: a. Master warning light control switch, b. Work light switch(es), and c. Compartment "Door Open" warning light and intermittent alarm that sounds when a compartment door is open and the parking brakes are released or the transmission is in any position other than neutral. 3.4.4 Windshield deluge system. The vehicle will be equipped with a powered windshield deluge system. The deluge system will be supplied from the agent water tank and will have an independent pumping system. The deluge system activation switch will be located within reach of the seated driver and turret operator. 3.4.5 Forward Looking Infrared (FLIR). A forward looking infrared (FLIR) camera and in - cab monitor, meeting the requirements of NFPA 414, will be provided. In addition, the FLIR monitor described in NFPA 414 will have a minimum dimension of 10 in (25 cm) (measured diagonally) and be located in a position where it is visible to both the seated driver and turret operator. 3.4.6 Climate control system. The offeror/contractor's standard heater/defroster and air conditioning system will be provided. The climate control system will induct at least 60 cubic feet per minute of fresh air into the cab. Cab mounted components will be protected from inadvertent damage by personnel. 3.4.7 Seats. The driver seat will be adjustable fore and aft and for height. The turret operator's seat, located to the right front of the driver's seat, will be a fixed (non - suspension) type. Each seat will be provided with a Type 3 seat belt assembly (i.e., 3 -point retractable restraint) in accordance with CFR 49 CFR 571.209. Seat belts must be of sufficient length to accommodate crew members in full Personal Protective Equipment (PPE). 3.4.7.1. Seat Options. Two types of seat options are allowed in the vehicle. A standard seat contains a hard/fixed back. For these seats, a remote -mounted bracket designed to store a Self -Contained Breathing Apparatus (SCBA) will be provided. The remote -mounted bracket for the driver and turret operator (at a minimum) must be placed inside the cab. The brackets for seat positions #3 and #4 may be placed outside of the cab if necessary. An SCBA seat, on the other hand, contains an opening which can accommodate someone wearing an SCBA. The chart below represents the user's stated preference for the vehicle seating configuration. Page 10 of 28 Position Standard SCBA-Seat N/A Driver X Turret X #3 X #4 X 3.4.8 Windshield wipers and washer. The vehicle will be equipped with electrically powered windshield wipers. The wiper arms and blades will be of sufficient length to clear the windshield area described by SAE J 198, Windshield Wiper Systems - Trucks. Individual wiper controls will include a minimum of two speed settings and an intermittent setting. The wiper blades will automatically return to a park position, out of the line of vision. The vehicle will be equipped with a powered windshield washer system, including an electric fluid pump, a minimum one gallon fluid container, washer nozzles mounted to the wiper arms (wet arms), and a momentary switch. 3.4.9 Warning signs. Signs that state "Occupants must be seated and wearing a seat belt when apparatus is in motion" will be provided in locations that are visible from each seated position in accordance with NFPA 414." 3.4.10 Lateral accelerometer and/or stability control system. The vehicle will be equipped with a lateral accelerometer and/or an electronic stability control system in accordance with NFPA 414. 3.4.11 Monitoring and Data Acquisition System (MADAS). The vehicle will be equipped with a MADAS as prescribed by NFPA 414. 3.5 Body, compartments, and equipment mounting. 3.5.1 Body. The vehicle will have a corrosion -resistant body. 3.5.2 Compartments. The vehicle body will have lighted compartments in accordance with NFPA 414 with a minimum of 10 cubic feet of enclosed storage space. 3.5.2.1 Compartment doors. Storage compartments will have clear anodized aluminum, counterbalanced, non-locking, roll -up or single hinged doors as determined by the manufacturer. Door latch handles on roll -up doors will be full - width bar type. Door straps will be provided to assist in closing the compartment doors when the rolled up or hinged door height exceeds six feet above the ground. 3.5.2.2 Scuffplates. Replaceable scuffplates will be provided at each compartment threshold to prevent body damage from sliding equipment in and out of the compartments. The scuffplates will be securely attached to the compartment threshold but will be easily replaceable in the event of damage. Page 11 of 28 3.5.2.3 Drip rails. Drip rails will be provided over each compartment door. 3.5.2.4 Shelves. An adjustable and removable compartment shelf will be provided for every 18 inches of each vertical storage compartment door opening. Shelving adjustments will require no more than common hand tools, and will not require disassembly of fasteners. Shelves will support a minimum of 200 pounds without permanent deformation. Each shelf will be accessible to crew members standing on the ground or using a pull out and tip -down configuration. Each shelf will have drain holes located so as to allow for drainage of any water from the stowed equipment. 3.5.2.5 Drainage mats. Each compartment floor and shelf will be covered with a removable black mat designed to allow for drainage of any water from the stowed equipment. 3.5.3 SCBA storage tubes. A single compartment or tubes for storage of four SCBA bottles will be provided. If tubes are provided, two will be installed on each side of the vehicle. The tubes will be of sufficient size to accommodate the procuring agencies SCBA cylinders. 3.5.4 Ladder, handrails, and walkways. Ladder, stepping, standing, and walking surfaces will be in accordance with NFPA 414. Handrails will be provided in accordance with NFPA 414. The lowermost step(s) or ladder rungs will be no more than 22 inches (56 cm) above level ground when the vehicle is fully loaded. The lowermost steps may extend below the angle of approach or departure or ground clearance limits if they are designed to swing clear. The tread of the bottom steps must be at least 8 inches (20 cm) in width and succeeding steps at least 16 inches (40 cm) in width. The full width of all steps must have at least 6 inches (15 cm) of unobstructed toe room or depth when measured from, and perpendicular to, the front edge of the weight-bearing surface of the step. 3.5.5 Ancillary equipment. Ancillary equipment listed in NFPA 414 A.4.2.1 (1)-(17) is not covered by this Procurement Specification in accordance with AC 150/5220-10, Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles. Ancillary equipment is funded separately by other sources. 3.6 Agent system. 3.6.1 Agent (fire) pump. The vehicle will be equipped with a centrifugal pump capable of providing the performance specified herein as prescribed by NFPA 414. 3.6.1.1 Agent system piping. All piping, couplings, and valves and associated components that come into contact with the agent will be in accordance with NFPA 414. 3.6.1.2 Tank to pump connection. A check valve and shutoff valve will be provided in each tank to pump line. Page 12 of 28 3.6.1.3 Piping, couplings, and valves. All agent system piping will conform to NFPA 414 criteria. 3.6.1.4 Overheat protection. The agent system will be equipped with an overheat protection system in accordance with NFPA 414. Overheat protection is not required on vehicles utilizing a pre -mixed pressurized foam system. 3.6.1.5 Pressure relief valves. The agent system will be equipped with pressure relief valves in accordance with NFPA 414. 3.6.1.6 Drains. The agent system will be equipped with a drainage system in accordance with NFPA 414. 3.6.2 Water tank. The vehicle will have a water tank with a manufacturer certified minimum capacity of at least 1500 gallons. 3.6.2.1 Water tank construction. The water tank will be constructed of passivated stainless steel, polypropylene, or Glass Reinforced Polyester (GRP) construction. All materials used will be capable of storing water, foam concentrate, and water/AFFF solutions. 3.6.2.2 Water tank overhead fill cover and drain. The water tank will be equipped with a 20 inch fill tower. The tower will be designed to allow for video inspection of the water tank interior. The water tank will incorporate a drainage system in accordance with NFPA 414. 3.6.2.3 Water tank overflow system and venting. The water tank will incorporate a venting system to relieve pressure on the tank during fill and discharge operations at maximum flow rates. It will have an overflow system to relieve excess fluid in the event of tank overfill. Drainage from the vent and overflow system will not flow over body panels or other vehicle components and will not be in the track of any of the tires. Tank vent hoses will be of the non- collapsible type. 3.6.2.4 Water tank top fill opening. A top fill opening of not less than 8 inches internal diameter with a readily removable '/4 -inch mesh strainer will be provided. The fill opening may be incorporated as part of the manhole cover, and will be sized to accommodate a 21/2 -inch fill hose. 3.6.2.5 Water tank fill connections. The water tank will incorporate National Hose thread connections and will be in accordance with NFPA 414. If the vehicle is fitted with the "structural fire fighting capability option," the additional requirements listed in paragraph 3.6.8 must be incorporated. 3.6.3 Foam system. (NOTE: The requirements of section 3.6.3 do not apply to pre- mixed pressurized foam systems.) 3.6.3.1 Foam concentrate tank. The foam concentrate tank(s) will have a manufacturer certified working capacity sufficient for two tanks of water at the Page 13 of 28 maximum tolerance specified in NFPA 412, Standard for Evaluating Aircraft Rescue and Fire -Fighting Foam Equipment for 3 to 6 percent foam concentrate (i.e., 7.0 -percent). 3.6.3.1.1 Foam tank construction. The foam tank will be constructed of passivated stainless steel, polypropylene, or GRP construction. All materials used will be capable of storing foam concentrate. 3.6.3.1.2 Foam tank drain. The foam tank will incorporate a drain and drain valve. The valve will be on the left side of the vehicle and controlled by a crew member standing on the ground. The drain line will have a minimum 11/2 -inch I.D. The foam tank drain outlet will be located so that the contents of the tank can be drained into 5 -gallon cans and 55 -gallon drums. 3.6.3.1.3 Foam tank top fill trough. The foam tank will incorporate a top fill trough mounted in the top of the tank readily accessible to at least two crew members on top of the vehicle. The top fill trough will incorporate a cover, latch, and sealed so as to prevent spillage under any operating condition. The top fill trough will be designed to allow two standard 5- gallon foam concentrate containers to be emptied simultaneously. The top fill trough neck will extend sufficiently close to the bottom of the tank to reduce foaming to a minimum during the fill operation. The top fill trough will incorporate readily removable, rigidly constructed 10 mesh stainless steel, brass or polyethylene strainers. All components in and around the top fill trough will be constructed of materials that resist all forms of deterioration that could be caused by the foam concentrate or water. 3.6.3.2 Foam tank fill connections. The foam tank will incorporate a 1.5 inch National Hose thread female hose connection on both sides of the vehicle to permit filling by an external transfer hose at flow rates up to 25-gpm. The connections will be provided with chained -on long handled plugs or rocker lug plugs. The top of the connections will be no higher than 48 inches above the ground and readily accessible. The fill lines will incorporate check valves and readily removable, rigidly constructed 1/4 - inch mesh strainers. All components in the foam tank fill system will be constructed of materials that resist all forms of deterioration that could be caused by the foam concentrate or water. 3.6.3.2.1 Foam tank vent and overflow system. The foam tank will incorporate a vent system to relieve pressure on the tank during fill and discharge operations at maximum flow rates and an overflow system to relieve excess liquid in the event of tank overfill. Drainage from the vent and overflow system will not flow over body panels or other vehicle components and will not be in front of or behind any of the tires. Tank vent hoses will be of the non -collapsible type. 3.6.3.3 Foam transfer pump. A foam transfer pump will be provided and mounted in a compartment on the vehicle. The pump will be capable of transferring and drawing foam liquid concentrate at adjustable flow rates up to 25-gpm directly through the pump and loading connections (see 3.6.3.2). All materials and components that come in contact with the foam will be compatible with the foam concentrate. The pump and its plumbing will have provisions for flushing with water Page 14 of 28 from the water tank. A suitable length of hose with appropriate connections will be provided for filling the foam tank from an external foam storage container. 3.6.3.4 Foam flushing system. The foam concentrate system will be designed in accordance with NFPA 414 so that the system can be readily flushed with clear water. 3.6.3.5 Foam concentrate piping. All metallic surfaces of the piping and associated components that come into contact with the foam concentrate will be of brass, bronze, or passivated stainless steel. The foam concentrate piping will be in accordance with NFPA 414. 3.6.4 Foam proportioning system. The vehicle will have a foam proportioning system for Aqueous Film -Forming Foam (AFFF) (whether 3- or 6 -percent foam concentrate) in accordance with NFPA 414. If a fixed orifice plate system is used, a plate will be provided for each percentage foam concentrate; the additional plate will be securely mounted in a protected location on the vehicle. A fire vehicle mechanic will be able to interchange the plates using common hand tools. 3.6.5 Primary vehicle turret. The vehicle will be equipped with a standard roof - mounted turret, high reach extendable turret, and/or high flow bumper mounted turret to serve as the primary source of agent delivery, as specified below: 3.6.5.1. The vehicle will be equipped with a high reach extendable turret (capable of penetrating the second level of the New Large Aircraft (NLA) class of aircraft, in accordance with paragraph 3.6.5.2. The NLA class aircraft are equivalent to the 'Airplane Design Group VI' category, as specified in AC 150/5300-13, Airport Design. NOTE: AC 150-5220-10 allows one vehicle equipped with a high reach for an Index B- E airport at each airport station. 3.6.5.2. High reach extendable turret (HRET). The high reach extendable turret must be in accordance with NFPA 414 and will have the vertical and horizontal reach necessary to service the highest placed engine of the aircraft being serviced. It will have a non -air -aspirating, constant flow, variable stream nozzle with dual flow rates for foam or water rated as specified in NFPA 414. The discharge pattern will be infinitely variable from straight stream to fully dispersed. The type of nozzle or turret drain will be per the manufacturer's recommendation. The HRET will be controlled by one or two joysticks, each with a pistol grip handle, positioned for use by the driver and the crew member seated to the right of the driver (the turret operator). The cab design will provide clear visibility of the turret to both the driver and the turret operator with the turret in any position. 3.6.5.2.1 Video camera and monitor. The HRET will be equipped with a remote video camera and a cab mounted monitor. The system will be a complete video system consisting of a single color camera equipped with auto -focus and a cab controlled zoom. The camera/lens assembly will be protected from the heat of the fire and from the same climatic extremes as the truck. A color video monitor with a minimum dimension of 10 inches (measured diagonally) will be positioned in the cab within view Page 15 of 28 of both the driver's and the turret operator's seated positions. One monitor may be provided for both the FLIR (see 3.4.5) and the camera with a switch to change between the FLIR and the camera. 3.6.5.2.2 Aircraft skin penetrator. The HRET will be equipped with an aircraft skin penetrator and agent application tool. The skin penetrator will be a minimum of 20 inches long, installed at the tip of the HRET, and connected to the water/AFFF agent discharge line. Agent application through the skin penetrator will be controlled from the cab. NOTE: If a high reach extendable turret is specified by the purchaser, a skin penetrating nozzle must be provided. The penetrating nozzle must be movable to allow for proper alignment of the penetrator to the aircraft fuselage for piercing operations. It must be capable of the minimum water/flow rate and pattern requirements of NFPA 414, Tables 4.1.1(c) and 4.1.1(d). 3.6.6 Bumper turret. The vehicle will be equipped with a joystick controlled, constant flow, non -air -aspirating, variable stream type: low angle high volume dual rate (minimum 375/750 GPM) bumper turret. The bumper turret will be capable of discharging at a minimum flow rates of foam or water as specified by the user, with a pattern infinitely variable from straight stream to fully dispersed. The bumper turret will be capable of automatic oscillation, with the range of oscillation adjustable up to 90° each side of center (left and right) with vertical travel capabilities of +45°/-20° meeting section 4.20.2 in NFPA 414. 3.6.7 Preconnected handline(s). Two 200 foot, 13/4 -inch pre -connected woven jacket handline(s), with a 11/2 -inch control valve and a pistol grip nozzle, will be located on (or accessible from) each side of the vehicle. A safety system will be provided to prevent charging of the hose until the hose has been fully deployed. The handline(s) and nozzle(s) will be in accordance with NFPA 414, and will allow for a minimum of 95 gpm at 100 psi nozzle pressure. A control for charging each handline will be provided for operation by both the driver and the turret operator. 3.6.7.1 In addition, the vehicle will be equipped with the following handline: 100 feet of twinned 1 -inch dry chemical / foam -water hose on a reel. 3.6.8. Structural fire fighting capability. The vehicle will be equipped with an agent system structural control panel, on the left side of the vehicle, operable while standing on the ground. Structural panel activation will be interlocked to operate only with the vehicle parking brakes set and the transmission in neutral position. Controls and instruments will be grouped by function. The control panel will be hinged or accessible from the rear for maintenance. Instruments will be lighted for night operation. 3.6.8.1 The structural panel will include, as a minimum, the following: a. Panel activation switch, including the panel lights. b. Engine tachometer. c. Engine oil pressure gauge with low pressure warning light. Page 16 of 28 d. Engine coolant temperature gauge with high temperature warning light. e. A liquid filled gauge, or digital indicator for pump suction, -30 inches Hg vacuum to 600 psi. f. A liquid filled gauge, or digital indicator for pump pressure, 0 to 600 psi. g. An adjustable pump pressure using either an electronic pressure governor or manual control with a relief valve will be provided. h. Foam or water selection. i. Water and foam tank liquid level indicators, located adjacent to the water and foam tank fills. 3.6.8.2 The structural fire fighting capability will also require installation of the following items: a. A priming pump and control (for drafting using the large intake connection) . b. Water tank isolation valve. c. Discharge connections. Two 21/2 -inch discharge connections with male National Hose threads will be provided. One 21/2 -inch discharge will be provided on each side of the vehicle. Each connection will be equipped with a cap, a quarter -turn control valve, a bleeder valve, and a pressure gauge. Each connection will be rated at 250-gpm minimum. d. Intake connections. The vehicle will be equipped with one valved 41/2 - inch intake connection on the left side. The vehicle will be equipped with two valved 2'/2 -inch intake connections one on each side of the vehicle, with one being adjacent to the 4'/2 -inch intake connection with both having either a 30° or 45° turn -down fitting. The 41/2 -inch intake connection will have male National Hose threads, a quarter -turn control valve, a bleeder valve, a strainer, and a cap. The 21/2 -inch intake connection will have rocker lug female National Hose threads, a quarter - turn control valve, a bleeder valve, a strainer, and a plug. The vehicle will be capable of filling its water tank by pumping from a draft, a hydrant, or a nurse truck through either of the intake connections without the use of a hose from a discharge connection to a tank fill connection. 3.6.9 Primary turret discharge nozzle. The vehicle will be equipped with a complementary agent discharge mounted parallel to the AFFF solution discharge on the primary turret mounted on the front bumper. Page 17 of 28 3.7 Dry chemical agent system. The vehicle will be equipped with a 450 Ib minimum capacity potassium bicarbonate dry chemical auxiliary agent system. The propellant gas cylinder will be replaceable within fifteen minutes by two crew members standing on the ground and be equipped with a cylinder replacement hoisting system. The propellant gas cylinder will be secured to withstand off-road operations. A pressure indicator will be visible to any person opening the tank fill cap. Blow -down piping will be directed beneath the vehicle. The dry chemical agent tank will include lifting rings and will have a nameplate indicating, as a minimum, the following: a. Extinguishing agent. b. Capacity. c. Weight full. d. Weight empty. e. Operating pressure. f. Hydrostatic test date. g. Type of agent required for re -servicing. 3.7.1 Not applicable. 3.7.2 Dry chemical hose reel. A hose reel, equipped with at least 100 feet of dry chemical hose, will be mounted in a compartment. Handline agent and purge controls will be mounted in or adjacent to the compartment. All electrical components will be sealed against entry of water. The hose reel will have both electric and manual rewind provisions. The manual rewind handle will be bracket mounted and stored in the compartment. A quick acting control will be provided to activate the handline from the cab of the vehicle. 3.8 Not applicable. 3.9 Electrical systems and warning devices. The vehicle will have a 12 -volt or 24 - volt electrical and starting system in accordance with NFPA 414. 3.9.1 Alternator. An appropriate charging system, in accordance with NFPA 414, will be provided. The minimum continuous electrical load will include operation of the air conditioning system. 3.9.2 Batteries. Batteries will be of the maintenance -free type; addition of water will not be required during normal service life. The battery cover and vent system will be designed to prevent electrolyte loss during service and to keep the top of the battery free from electrolyte. 3.9.2.1 Battery compartment. The batteries will be enclosed in a weatherproof enclosure, cover, or compartment and be readily accessible. 3.9.3 Battery charger or conditioner. The vehicle will have a DC taper type battery charger or an automatic battery conditioner, or voltage monitoring system, providing Page 18 of 28 a minimum 12 amp output. The charger/conditioner will be permanently mounted on the vehicle in a properly ventilated, accessible location. The charger/conditioner will be powered from the electrical shoreline receptacle (see 3.10.1). A charging indicator will be installed next to the receptacle. When a battery conditioner is provided, the conditioner will monitor the battery state of charge and, as necessary, automatically charge or maintain the batteries without gassing, depleting fluid level, overheating, or overcharging. A slave receptacle will be provided at the rear or on either side of the vehicle cab. Battery jump studs may be installed on the exterior of the battery box in lieu of a slave receptacle. 3.9.4 Electromagnetic interference. The vehicle electrical system will be in accordance with SAE J551-2 for electromagnetic interference. 3.9.5 Work lighting. 3.9.5.1 Cab interior lights. Cab interior light levels will be sufficient for reading maps or manuals. At least one red and one white cab interior dome light will be provided. 3.9.5.2 Compartment lights. White lighting sufficient to provide an average minimum illumination of 1.0 footcandle will be provided in each compartment greater than 4.0 cubic feet and having an opening greater than 144 square inches. Where a shelf is provided, this illumination will be provided both above and below the shelf. All compartments will be provided with weatherproof lights that are switched to automatically illuminate when compartment doors are opened and the vehicle master switch is in the `on' position. Light switches will be of the magnetic (non- mechanical) type. 3.9.5.3 Ladder, step, walkway, and area lights. Non -glare white or amber lighting will be provided at ladders and access steps where personnel work or climb during night operations. In addition, ground lighting will be provided. Ground lights will be activated when the parking brake is set in accordance with AC 150/5220-10, Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles. These area lights will be controlled with three-way switches on the cab instrument panel and near the light sources. The switch located in the cab will be a master switch and must be turned on before auxiliary switches near the light sources are operational. 3.9.5.4 Spot/Floodlights. Two spot/floodlights will be attached at the end of the primary turret or at the end of the HRET assembly. The lights will illuminate the area covered by the turret. Both lights will be controlled from switches in the cab. LED lights will be used. 3.9.5.5 Flood Lights. Two telescoping floodlights will be provided. One light will be mounted on the left and right sides of the vehicle. 250W LED lights will be used. Both lights will be mounted on extension tubes and controlled from switches in the cab and manually raised. To prevent these lights from accidental damage, the cab will be equipped with a visual warning signal to alert the driver if the lights are inadvertently left in the "up" position. Page 19 of 28 3.9.5.6 Scene Lights. A total of six high mounted floodlights will be provided to illuminate the work areas around the vehicle. Two lights will be mounted on the front and two will be mounted on each side of the vehicle. The lights will be powered by the vehicle alternator driven system or auxiliary generator, and the lights in the front will be controlled from switches in the cab. LED lights will be used. 3.9.6 Audible warning devices. 3.9.6.1 Siren. The vehicle will be equipped with an electronic siren system. The amplifier unit will include volume control and selection of "Radio," "PA," "Manual," "Yelp," "Wail," and "Hi -Lo" (European) modes, and a magnetic noise canceling microphone. The amplifier, microphone, and controls will be within reach of the driver and the turret operator. Siren activating foot switches will be located in front of the driver and the turret operator. The siren speaker will be rated at 100 watts minimum and will be located in a guarded position as low and as far forward on the vehicle as practical. 3.9.6.2 Horn. Dual forward facing air horns will be installed in protected locations near the front of the vehicle. Air horn activating foot switches will be located in front of the driver and the turret operator. 3.9.7 Emergency warning lights. All emergency warning lights must meet the requirements of AC 150/5210-5. Where applicable, LED lights will be used as the primary light type. Lighting units will be installed on the top front, sides, and rear of the vehicle to provide 360° visibility. A switch will be provided on the instrument panel to control all of the top, side, front and rear emergency warning lights. A switch will also be provided on the instrument panel to disable all lower emergency warning lights when desired. All lighting systems will meet NFPA 414 emergency lighting criteria. 3.9.7.1 Emergency warning light color. All emergency warning lights will meet the requirements of AC 150/5210-5. 3.9.7.2 Headlight flashing system. A high beam, alternating/flashing, headlight system will be provided. The headlight flasher will be separately switched from the warning light panel. All emergency warning lights will meet the requirements of AC 150/5210-5. 3.9.8 Radio circuit. The vehicle will have three separate 30 amp circuits with breakers and connections provided in a space adjacent to the driver and turret operator for installation of radios and other communications equipment after the vehicle has been delivered. To facilitate the installation of the communications equipment the manufacturer will provide three antennas pre-installed on top of the cab. Radios are an airport responsibility and not part of this specification. 3.9.9 Power receptacles. 3.9.9.1 Primary power receptacles. The vehicle will have two duplex 15 -amp 110 -volt power receptacles, one installed adjacent to the cab door on each side Page 20 of 28 of the vehicle. Each duplex receptacle will include one straight blade and one twist - lock connection. These outlets will be powered by the generator. 3.9.9.2 Auxiliary power receptacles. The vehicle will have 2 -12 -volt auxiliary power receptacles mounted adjacent to the driver and crew member positions, preferably in the instrument panel. 3.9.9.3 Cable reel. The vehicle will be equipped with an electrical cable reel, located within a compartment. The reel will be equipped with 200 feet of 20 amp, 600 volt, 90°C insulated electrical cable. The electrical cable will be equipped with a rubber ball stop to prevent cable pull through during rewinding operations. A four-way roller guide will be provided on the cable reel to prevent chafing of cable insulation. The cable reel will have an electric rewind motor with provisions for manual rewind in the event of motor failure; the manual rewind handle will be securely stored near the cable reel. A portable weatherproof duplex outlet box, with built-in circuit breakers and twist -lock receptacles, will be provided for on the cable end. The cable reel will be powered by the auxiliary generator. 3.9.10 Auxiliary generator. A minimum 10 kilowatt (kW) (continuous rating), 120/240 - volt, 60 hertz, diesel, hydraulic, or split shaft Power Takeoff (PTO) -driven generator will be provided. 3.10 Line voltage electrical system. 3.10.1 Electrical shoreline connection. The battery charger/conditioner will be powered from a covered, polarized, insulated, labeled, recessed (flush mounted), male, 110 volt AC auto -eject receptacle. The connection will be located on the exterior of the vehicle at the rear or on either side of the cab. A weatherproof charge meter will be installed next to the receptacle. A 15 amp rated, 110-120 volt, AC straight blade (non twist -lock) connector will be provided. 3.11 Air systems. 3.1 1.1 Air hose reel. An air hose reel will be provided in an enclosed compartment on the vehicle. The hose reel will be equipped with 200 feet of 3/8 -inch I.D. hoseline. A 3/8 inch National Pipe Taper (NPT) fitting and female style quick disconnect will be connected to the end of the hoseline. A four-way roller guide will be provided for the hose reel to prevent hose chafing and kinking. The hoseline will be equipped with a rubber ball stop to prevent hose pull through on roller guides during rewinding operations. The hose reel will have an electric rewind motor and provisions for manual rewind in the event of motor failure; the manual rewind handle will be securely stored near the hose reel. A pressure protected air supply from the chassis air system will be connected to the hose reel. The air supply lines will be routed with minimum bends and located or guarded from damage from the carried equipment. 3.12 Quality of Workmanship. The vehicle, including all parts and accessories, will be fabricated in a thoroughly workmanlike manner. Particular attention will be given Page 21 of 28 to freedom from blemishes, burrs, defects, and sharp edges; accuracy of dimensions, radii of fillets, and marking of parts and assemblies; thoroughness of welding, brazing, soldering, riveting, and painting; alignment of parts; tightness of fasteners; et cetera. The vehicle will be thoroughly cleaned of all foreign matter. 4. REGULATORY REQUIREMENTS. 4.1 Recoverable Materials. The contractor is encouraged to use recovered materials to the maximum extent practicable, in accordance with Title 48: Federal Acquisition Regulations System, Part 2823—Environment, Conservation, Occupational Safety, and Drug-free Workplace, Subpart 2823.4 Use of Recovered Material, 403 Policy and 404 Procedures. 4.2 Green Procurement Program. Green Procurement Program (GPP) is a mandatory federal acquisition program that focuses on the purchase and use of environmentally preferable products and services. GPP requirements apply to all acquisitions using appropriated funds, including services and new requirements. FAR 23.404(b) applies and states the GPP requires 100% of EPA designated product purchase that are included in the Comprehensive Procurement Guidelines list that contains recovered materials, unless the item cannot be acquired: a. competitively within a reasonable timeframe; b. meet appropriate performance standards, or c. at a reasonable price. The prime contractor is responsible for ensuring that all subcontractors comply with this requirement. Information on the GPP can be found at: http://www.dot.gov/ost/m60/DOT_policy_letters/ap18_04.pdf or FAR 23.404(b): http://www.acquisition.gov/far/current/html/Subpart%2023_4.html. 5. PRODUCT CONFORMANCE PROVISIONS. 5.1 Classification of inspections. The inspection requirements specified herein are classified as follows: a. Performance inspection (see 5.2). b. Conformance inspection (see 5.3). 5.2 Performance inspection. The vehicle will be subjected to the examinations and tests described in 5.6.3.1 through 5.6.3.5 (if applicable). The contractor will provide or arrange for all test equipment, personnel, schedule, and facilities. 5.3 Conformance inspection. The vehicle will be subjected to the examinations and tests described in 5.6.3.1 through 5.6.3.5 (if applicable). The contractor will provide or arrange for all test equipment, personnel, and facilities. 5.4 Product conformance. The products provided will meet the performance Page 22 of 28 characteristics of this PS, conform to the producer's own drawings, specifications, standards, and quality assurance practices, and be the same product offered for sale in the commercial marketplace. The purchaser reserves the right to require proof of such conformance. 5.5 Technical proposal. The offeror/contractor will provide an itemized technical proposal that describes how the proposed model complies with each characteristic of this PS; a paragraph by paragraph response to the characteristics section of this PS will be provided. The offeror/contractor will provide two copies of their commercial descriptive catalogs with their offer as supporting reference to the itemized technical proposal. The offeror/contractor will identify all modifications made to their commercial model in order to comply with the requirements herein. The vehicle furnished will comply with the "commercial item" definition of FAR 2.101 as of the date of award. The purchaser reserves the right to require the offeror/contractor to prove that their product complies with the referenced commerciality requirements and each conformance/performance characteristics of this PS. 5.6 Inspection requirements. 5.6.1 General inspection requirements. Apparatus used in conjunction with the inspections specified herein will be laboratory precision type, calibrated at proper intervals to ensure laboratory accuracy. 5.6.2 Test rejection criteria. Throughout all tests specified herein, the vehicle will be closely observed for the following conditions, which will be cause for rejection: a. Failure to conform to design or performance requirements specified herein or in the contractor's technical proposal. b. Any spillage or leakage of any liquid, including fuel, coolant, lubricant, or hydraulic fluid, under any condition, except as allowed herein. c. Structural failure of any component, including permanent deformation, or evidence of impending failure. d. Evidence of excessive wear. e. Interference between the vehicle components or between the vehicle, the ground, and all required obstacles, with the exception of normal contact by the tires. f. Misalignment of components. g. Evidence of undesirable roadability characteristics, including instability in handling during cornering, braking, and while traversing all required terrain. h. Conditions that present a safety hazard to personnel during operation, servicing, or maintenance. i. Overheating of the engine, transmission, or any other vehicle component. j• k. Failure of the fire fighting system and sub -systems. Evidence of corrosion. Page 23 of 28 5.6.3 Detailed inspection requirements. 5.6.3.1 Examination of product. All component manufacturers' certifications, as well as the prototype and production/operational vehicle testing outlined in Table 1, will be examined to verify compliance with the requirements herein. Attention will be given to materials, workmanship, dimensions, surface finishes, protective coatings and sealants and their application, welding, fastening, and markings. Proper operation of vehicle functions will be verified as defined by NFPA 414, Acceptance Criteria chapter. A copy of the vehicle manufacturer's certifications will be provided with each vehicle in accordance with NFPA 414. The airport may accept a manufacturer or third party certification for any/all prototype and production/operational vehicle testing performed prior to delivery which proves that the vehicle meets the performance parameters of NFPA 414. Table 1. Vehicle Test Data NFPA 414 paragraph Test Production Vehicle Operational Tests (NFPA 414 - Section 6.4) (6.4.1) Vehicle Testing, Side Slope (6.4.2) Weight / Weight Distribution (6.4.3) Acceleration. NOTE: With the modification that the instrumentation must be a GPS -based electronic data collection (6.4.4) Top Speed (6.4.5) Brake Operational Test (6.4.6) Air System / Air Compressor Test (6.4.7) Agent Discharge Pumping Test (6.4.8) Dual Pumping System Test (As Applicable) (6.4.9) Pump and Maneuver Test (6.4.10) Hydrostatic Pressure Test (6.4.1 1) Foam Concentration Test (6.4.12) Primary Turret Flow Rate Test (6.4.13) Piercing/Penetration Nozzle Testing (As Applicable) Prototype Vehicle Tests (NFPA 414 - Section 6.3) (6.3.1) Rated Water and Foam Tank Capacity Test (6.3.2) Cornering Stability. NOTE: With the modification that the evasive maneuver / double -lane chanae test must be conducted at 35 (6.3.3) Vehicle Dimensions (6.3.4) Driver Vision Measurement (6.3.5) Pump and Roll on a 40 Percent Grade (6.3.6) Electrical Charging System (6.3.7) Radio Suppression (6.3.8) Gradability Test (6.3.9) Body and Chassis Flexibility Test (6.3.10) Service/Emergency Brake Test (6.3.1 1) Service/Emergency Brake Grade Holding Test (6.3.12) Steering Control Test (6.3.13) Vehicle Clearance Circle Test (6.3.14) Agent Pump(s)/Tank Vent Discharge Test (6.3.15) Water Tank Fill and Overflow Test (6.3.16) Flushing System Test Page 24 of 28 (6.3.17) Primary Turret Flow Rate Test (6.3.18) Primary Turret Pattern Test (6.3.19) Primary Turret Control Force Measurement (6.3.20) Primary Turret Articulation Test (6.3.21) Handline Nozzle Flow Rate Test (6.3.22) Handline Nozzle Pattern Test (6.3.23) Ground Sweep/Bumper Turret Flow Rate Test (6.3.24) Ground Sweep/Bumper Turret Pattern Control Test (6.3.25) Undertruck Nozzle Test (6.3.26) Foam Concentration/Foam Quality Test (6.3.27) Warning Siren Test (6.3.28) Propellant Gas (6.3.29) Pressure Regulation (6.3.30) AFFF Premix Piping and Valves (6.3.31) Pressurized Agent Purging and Venting (6.3.32) Complementary Agent Handline Flow Rate and Range (6.3.33) Dry Chemical Turret Flow Rate and Range (6.3.34) Cab Interior Noise Test 6. PACKAGING. 6.1 Preservation, packing, and marking will be as specified in the Procurement Specification, contract or delivery order. 6.2 The vehicle must be delivered with full operational quantities of lubricants, brake and hydraulic fluids, and cooling system fluid all of which must be suitable for use in the temperature range expected at the airport. 6.3 The vehicle must be delivered with one complete load of firefighting agents and propellants. One complete load is defined as all of the agents and propellants necessary for the vehicle to be fully operational. One load would include, at a minimum: one fill of a foam tank; one fill of a dry chemical tank (if applicable); one fill of a halogenated tank (if applicable); one spare nitrogen cylinder for a dry chemical system (if applicable); and one spare argon cylinder for a halogenated system (if applicable). Agents and propellants for required testing or training are not included. For the initial training period, water should be used in place of other extinguishing agents. The manufacturer may pre -ship agents and propellants to a receiving airport to reduce overall procurement costs. 6.4. The vehicle manufacturer must provide initial adjustments to the vehicle for operational readiness and mount any ancillary appliances purchased through the vehicle manufacturer as part of the vehicle. 7. TRAINING. 7.1 Upon delivery of the vehicle to the Airport, the manufacturer must, at no additional cost, provide the services of a qualified technician for five consecutive Page 25 of 28 days (or up to 8 days for an high reach extendable turret) for training. This is considered sufficient time for the Airport to adjust shift work schedules to get maximum employee attendance to training sessions at some point during the training period. During this time, sufficient repetitive learning opportunities must be provided by the manufacturer to allow various shifts to complete the training requirements. 7.2 The technician must provide thorough instruction in the use, operation, maintenance and testing of the vehicle. This setup must include operator training for the primary operators, which will give them sufficient knowledge to train other personnel in the functional use of all fire fighting and vehicle operating systems. Prior to leaving the vehicle, the technician must review the maintenance instructions with the Airport's personnel to acquaint them with maintenance procedures as well as how to obtain support service for the vehicle. 7.3 Training must include written operating instructions, electronic training aids (videos/power point), or other graphics that depict the step-by-step operation of the vehicle. Written instructions must include materials that can be used to train subsequent new operators. 8. REFERENCED DOCUMENTS. 8.1 Source of documents. 8.1.1 The CFR may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402. Title 14, Code of Federal Regulations (CFR), Part 139, Certification of Airports (14 CFR Part 139) Section 139.315 Aircraft Rescue and Firefighting: Index Determination. Section 139.317 Aircraft Rescue and Firefighting: Equipment and Agents. Section 139.319 Aircraft Rescue and Firefighting: Operational Requirements. Title 49; Code of Federal Regulations (CFR), Part 393: Parts and Accessories Necessary for Safe Operation: Subpart C—Brakes. Title 49; Code of Federal Regulations (CFR), Part 571, Motor Carrier Vehicle Safety Standards, Part 209, Standard No. 209; Seat Belt Assemblies 8.1.2 SAE documents may be obtained from SAE, Inc., 400 Commonwealth Drive, Warrendale PA 15096. 8.1.3 National Fire Protection Association (NFPA): NFPA documents may be obtained from NFPA, Batterymarch Park, Quincy MA 02269-9101. NFPA 412, Standard for Evaluating Aircraft Rescue and Fire -Fighting Foam Equipment (2009 Edition) NFPA 414, Standard for Aircraft Rescue and Fire Fighting Vehicles (2007 Edition) NFPA 1901, Standard for Automotive Fire Apparatus (2009 Edition) Page 26 of 28 8.1.4 Federal Aviation Administration (FAA): FAA ACs may be obtained from the FAA website: http://www.faa.gov/regulations_policies/advisory_circulars/ AC 150/5220-10, Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an Airport FAA Orders, Specifications, and Drawings may be obtained from: Federal Aviation Administration, ATO -W CM -NAS Documentation, Control Center, 800 Independence Avenue, SW, Washington, DC 20591. Telephone: (202) 548-5256, FAX: (202) 548-5501 and website: http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/techop s/atc_facilities/cm/cm_documentation/ Options: 9. The City has a number of option items that may be purchased as outlined on the pricing sheets. The items that may be selected include the following listed items. All selected items will be provided as specified below: 9.1 Computer based training (CBT) program and joystick for HRET. The training package must include controls that simulate as closely as possible the actual cab environment (e.g. location of joystick, throttle, and steering wheel). The simulation software program must represent the actual maneuvering operation and controller interface of the actual operation of the elevated and high reach extendable turret of the ARFF vehicle. 9.2 Airport Professional Service (APS) Penetration Aircraft Skin Trainer (PAST) Trainer System. The APS must meet the following minimum requirements: a. Aluminum panels must be comparable in thickness, hardness, and curvature of the predominate type aircraft for the specific airport. Panels may be movable or replaceable to allow adjustments for different aircraft types. b. Panels must be located at a representative height to the predominant aircraft in use at the specific airport. c. Panels must be mounted on a structure (portable or stationary) that remains stable during training exercises. 9.3 Three under -truck nozzles with flow rates per NFPA 414. 9.4 Aircraft Rescue Fire Fighting Equipment (Reference: AC 150/5210-14B, 14 CFR Part 139.319, NFPA 403 Standard for Aircraft Rescue and Fire -Fighting Services at Airports 2014 Edition; NFPA 1981, SCBA; NFPA 1936 Standard on Powered Rescue Tools. Page 27 of 28 9.4.1 Omitted 9.4.2 Omitted 9.4.3 Omitted 9.4.4 Two Truck mounted hand held LED lanterns. E -Flood Litebox HL Streamlight 9.4.5 Two Combination Hydrant and Spanner Wrench holder sets with vehicle mounted brackets 9.4.6 One Halotran Clean Agent 15.5 Ib. rated 2a:10B: C extinguisher with PAC Fastlok K5020 vehicle mounting bracket 9.4.7 One Purple K B: C 20 Ib. rated 120B: C Potassium Bicarbonated Extinguisher with PAC Fastlok K5020 vehicle mounting bracket 9.4.8 One Class D Fire Extinguisher 30 Ib. with PAC Fastlok K5020 vehicle mounting bracket 9.4.9 Omitted Warranty 10. At a minimum, the manufacturer shall provide warranties on the base vehicle and major components as follows: The firefighting unit will be covered by a minimum of one-year warranty after delivery. Page 28 of 28 ATTACHMENT B: BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI REVISED BID FORM PURCHASING DIVISION RFB No. 1093 Aircraft Rescue and Fire Fighting Vehicle Date: May 1, 2017 Authorized Bidder: Oshkosh Airport Products, LLC Signature: Je7" r , ice President & GM 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. Price is to be F.O.B. Corpus Christi International Airport, Corpus Christi, Texas with all transportation charges prepaid. 4. Bidder must provide a price for each and every bid item. 5. 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 applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. **Oshkosh Airport Products, LLC acknowledges receipt of Addendum No. 1, 2 & 3** PAGE 1 OF 2 Item Description UNIT QTY Unit Price Total Price Base Bid 01 Class 4 Aircraft Rescue Firefighting Vehicle Lump Sum 1 $782,839.00 Options - Add Alternates 02 9.1 - Computer Based Training Lump Sum 1 $54,750.00 03 9.2 - Airport Professional Services Penetration Aircraft Skin Trainer System Lump Sum 1 $13,289.00 04 9.3 - Under -truck nozzles Each 3 $681.00 $2,043.00 PAGE 2 OF 2 Item Description UNIT QTY Unit Price Total Price MIIINMINNIMIIIM RiimiliftiliiiiiiiimmilidelliMilimim WIN /1 1 08 9.4.4 - Truck Mounted hand held LED lantern Each 2 $461.00 $922.00 09 9.4.5 - Combination Hydrant and Spanner Wrench Holder set with vehicle mounted brackets including mounting Each 2 $191.00 $382.00 10 9.4.6 - Halotron Clean Agent 15.5 Ib and mounting bracket including mounting Each 1 $433.00 $433.00 11 9.4.7 - Potassium Bicarbonate Extinguisher with vehicle mounted bracket including mounting Each 1 $155.00 $155.00 12 9.4.8 - Class D Fire Extinguisher with vehicle mounted bracket Each 1 $342.00 $342.00 ATTACHMENT C: INSURANCE REQUIREMENT Insurance is not required for this Supply Agreement. Page 1 of 1 ATTACHMENT D: FEDERAL REQUIREMENTS Page 1 of 33 FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR -A1 Access to Records and Reports FR -A2 Affirmative Action Requirement FR -A3 Breach of Contract FR -A4 Buy American Preference FR -A5 Civil Rights - General FR -A6 Civil Rights - Title VI Assurance FR -A7 Clean Air and Water Pollution Control FR -A8 Contract Workhours and Safety Standards Act Requirements FR -A9 Copeland "Anti -Kickback" Act FR -A10 Davis -Bacon Requirements FR -A11 Debarment and Suspension FR-Al2 Disadvantaged Business Enterprise FR -A13 Distracted Driving FR -A14 Energy Conservation Requirements FR -A15 Equal Employment Opportunity Page 2 of 33 Section No. Title FR -A16 Federal Fair Labor Standards Act (Federal Minimum Wage) FR -A17 Lobbying and Influencing Federal Employees FR -A18 Prohibition of Segregated Facilities FR -A19 Occupational Safety and Health Act of 1970 FR -A20 Procurement of Recovered Materials FR -A21 Right to Inventions FR -A22 Seismic Safety FR -A23 Termination of Contract FR -A24 Trade Restriction Certification FR -A25 Veteran's Preference END OF TABLE OF CONTENTS Page 3 of 33 FEDERAL REQUIREMENTS: FR -A1 ACCESS TO RECORDS AND REPORTS The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the City, the Federal Aviation Administration, and the Comptroller General of the United States, or any of their duly authorized representatives, access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific Contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this Contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference: 2 CFR § 200.333, 2 CFR § 200.336 & FAA Order 5100.38 Page 4 of 33 FEDERAL REQUIREMENTS: FR -A2 AFFIRMATIVE ACTION REQUIREMENT NOT APPLICABLE FOR THIS CONTRACT Page 5 of 33 FEDERAL REQUIREMENTS: FR -A3 BREACH OF CONTRACT Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. City will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. City reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the City elects to terminate the Contract. The City's notice will identify a specific date by which the Contractor must correct the breach. City may proceed with termination of the Contract if the Contractor fails to correct the breach by deadline indicated in the City's notice. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Reference: 2 CFR § 200 Appendix II(A) Page 6 of 33 FEDERAL REQUIREMENTS: FR -A4 BUY AMERICAN PREFERENCE The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer. The City will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. Reference: 49 USC § 50101 Page 7 of 33 FEDERAL REQUIREMENTS: FR -A5 CIVIL RIGHTS - GENERAL The contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractor and subtier contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. Reference: 49 USC § 47123 Page 8 of 33 FEDERAL REQUIREMENTS: FR -A6 CIVIL RIGHTS - TITLE VI ASSURANCE Compliance with Nondiscrimination Requirements During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, 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 procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR, part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The contractor 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 its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: Page 9 of 33 a. Withholding of payments to the contractor under the contract until the contactor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with, litigation with a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • 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); • 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • 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); • 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; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); Page 10 of 33 • 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); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non- discrimination 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; • 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, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Reference: 49 USC § 47123 and FAA Order 1400.11 Page 11 of 33 FEDERAL REQUIREMENTS: FR -A7 CLEAN AIR AND WATER POLLUTION CONTROL Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceed $150,000. Reference: 2 CFR § 200, Appendix II(G) Page 12 of 33 FEDERAL REQUIREMENTS: FR -A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS NOT APPLICABLE FOR THIS CONTRACT Page 13 of 33 FEDERAL REQUIREMENTS: FR -A9 COPELAND "ANTI -KICKBACK" ACT NOT APPLICABLE FOR THIS CONTRACT Page 14 of 33 FEDERAL REQUIREMENTS: FR -A10 DAVIS - BACON REQUIREMENTS NOT APPLICABLE FOR THIS CONTRACT Page 15 of 33 FEDERAL REQUIREMENTS: FR -A11 CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the Contractor certifies that neither it nor its principals is presently debarred or suspended by any Federal department or agency from participation in this transaction. The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction," must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 Page 16 of 33 FEDERAL REQUIREMENTS: FR-Al2 DISADVANTAGED BUSINESS ENTERPRISE Contract Assurance (§26.13) - The Contractor or subcontractor 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 Contract, which may result in the termination of this Contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the City. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non - DBE subcontractors. Reference: 49 CFR part 26 Page 17 of 33 FEDERAL REQUIREMENTS: FR -A13 TEXTING WHEN DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub -grant. In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. Reference: Executive Order 13513 and DOT Order 3902.10 Page 18 of 33 FEDERAL REQUIREMENTS: FR -A14 ENERGY CONSERVATION REQUIREMENTS The Contractor and subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq). Reference: 2 CFR § 200, Appendix II(H) Page 19 of 33 FEDERAL REQUIREMENTS: FR -A15 EQUAL EMPLOYMENT OPPORTUNITY (E.E.O,) NOT APPLICABLE FOR THIS CONTRACT Page 20 of 33 FEDERAL REQUIREMENTS: FR -A16 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division. Reference: 29 U.S.C. § 201, et seq. Page 21 of 33 FEDERAL REQUIREMENTS: FR -A17 CERTIFICATION REGARDING LOBBYING The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, 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 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 shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Reference: 31 U.S.C. § 1352 — Byrd Anti -Lobbying Amendment, 2 CFR part 200, Appendix II(J) and 49 CFR part 20, Appendix A Page 22 of 33 FEDERAL REQUIREMENTS: FR -A18 PROHIBITION OF SEGREGATED FACILITIES NOT APPLICABLE FOR THIS CONTRACT Page 23 of 33 FEDERAL REQUIREMENTS: FR -A19 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. Reference: 20 CFR part 1910 Page 24 of 33 FEDERAL REQUIREMENTS: FR -A20 PROCUREMENT OF RECOVERED MATERIALS Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this Contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever: a) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or, b) The Contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA -designated items is available at www.epa.qov/epawaste/conserve/tools/cpg/products/. Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the Contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. Reference: 2 CFR § 200.322 and 40 CFR part 247 Page 25 of 33 FEDERAL REQUIREMENTS: FR -A21 RIGHT TO INVENTIONS NOT APPLICABLE FOR THIS CONTRACT Page 26 of 33 FEDERAL REQUIREMENTS: FR -A22 SEISMIC SAFETY NOT APPLICABLE FOR THIS CONTRACT Page 27 of 33 FEDERAL REQUIREMENTS: FR -A23 TERMINATION OF CONTRACT Termination for Convenience (Construction & Equipment Contracts) The City may terminate this Contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of City. Upon receipt of a written notice of termination, except as explicitly directed by the City, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: 1. Contractor must immediately discontinue work as specified in the written notice. 2. Terminate all subcontracts to the extent they relate to the work terminated under the notice. 3. Discontinue orders for materials and services except as directed by the written notice. 4. Deliver to the City all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work and as directed in the written notice. 5. Complete performance of the work not terminated by the notice. 6. Take action as directed by the City to protect and preserve property and work related to this Contract that City will take possession. City agrees to pay Contractor for: a) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination; b) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work; c) reasonable and substantiated claims, costs and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and d) reasonable and substantiated expenses to the Contractor directly attributable to City's termination action. Page 28 of 33 City will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the City's termination action. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this Contract. Termination for Default (Equipment) The City may, by written notice of default to the Contractor, terminate all or part of this Contract if the Contractor: 1. Fails to commence the Work under the Contract within the time specified in the Notice- to Proceed; 2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms; 3. Fails to make delivery of the equipment within the time specified in the Contract, including any City approved extensions; 4. Fails to comply with material provisions of the Contract; 5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; or 6. Becomes insolvent or declares bankruptcy. If one or more of the stated events occur, the City will give notice in writing to the Contractor and Surety of its intent to terminate the Contract for cause. At the City's discretion, the notice may allow the Contractor and Surety an opportunity to cure the breach or default. If within 10 days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default to the satisfaction of the City, the City has authority to acquire equipment by other procurement action. The Contractor will be liable to the City for any excess costs the City incurs for acquiring such similar equipment. Payment for completed equipment delivered to and accepted by the City shall be at the Contract price. The City may withhold from amounts otherwise due the Contractor for such completed equipment such sum as the City determines to be necessary to protect the City against loss because of Contractor default. City will not terminate the Contractor's right to proceed with the Work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control Page 29 of 33 and without the fault or negligence of the Contractor. Examples of such acceptable causes include: acts of God, acts of the City, acts of another Contractor in the performance of a contract with the City, and severe weather events that substantially exceed normal conditions for the location. If, after termination of the Contractor's right to proceed, the City determines that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the City issued the termination for the convenience the City. The rights and remedies of the City in this clause are in addition to any other rights and remedies provided by law or under this Contract. Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Page 30 of 33 FEDERAL REQUIREMENTS: FR -A24 TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror — a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and c. has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. The Offeror/Contractor must provide immediate written notice to the City if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: (1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or (2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or (3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; Page 31 of 33 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the City cancellation of the Contract or subcontract for default at no cost to the City or the FAA. Reference: 49 USC § 50104 and 49 CFR part 30 Page 32 of 33 FEDERAL REQUIREMENTS: FR -A25 VETERAN'S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Reference: 49 USC § 47112(c) Page 33 of 33 t3 U.S. Department of Transportation Federal Aviation Administration June 14, 2017 Mr. Fred Segundo Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406-1801 Dear Mr. Segundo: We are enclosing the original and one copy of the Grant Offer for Airport Improvement Program (AIP) Project No. 3-48-0051-055-2017 at Corpus Christi International Airport, Texas. This letter outlines expectations for success. Please read the conditions and assurances carefully. To properly enter into this agreement, you must do the following: • The governing body must pass a resolution and execute the grant, along with your attorney's certification, by August 1, 2017, in order for the grant to be valid. • No change may be made by you or your representative to the Grant Offer. • We ask that you return the Grant Offer marked "Original" to us by overnight mail and maintain the copy marked "Sponsor" for your records. Subject to the requirements in 49 CFR § 18.21, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Please note Grant Condition No. 4 requires you to complete the project without undue delay. We will be paying close attention to your progress to ensure proper stewardship of these Federal funds. You are expected to submit payment requests for reimbursement of allowable incurred project expenses in accordance with project progress. Should you fail to make draws on a regular basis, your grant may be placed in "inactive" status which will impact future grant offers. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: • A signed/dated SF -270 (non -construction projects) or SF -271 or equivalent (construction projects) and SF -425 annually, due 90 days after the end of each federal fiscal year in which this grant is open (due December 31 of each year this grant is open); and • Quarterly Performance Reports due every quarter. Once the project(s) is completed and all costs are determined, we ask that you close the project without delay and submit, as a minimum, the following: • Sponsor Certification for Project Final Acceptance; 2 • Summary of all change orders and summary of all testing; and • Final SF -270 or SF -271 (or equivalent) and SF -425. Mr. Marcelino Sanchez is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. S. cerely, Ben Guttery Manager, Texas Ai i orts District Office r3 U.S. Department of Transportation Federal Aviation Administration ORIGINAL GRANT AGREEMENT PART I —OFFER 3-48-0051-055-2017 Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: City of Corpus Christi, Texas June 14, 2017 Corpus Christi International Airport, Texas 3-48-0051-055-2017 782001259 (herein called the "Sponsor") FROM: The United States of America(acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 30, 2017, for a grant of Federal funds for a project at or associated with the Corpus Christi International Airport, Texas which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Corpus Christi International Airport , Texas (herein called the "Project") consisting of the following: Acquire 1500 Gallon Aircraft Rescue and Fire Fighting Vehicle With High Reach Extendable Turret (HRET) which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. § 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. § 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated March 2014,and the Sponsor's acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided. 1 3-48-0051-055-2017 THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay ninety (90) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $765,790.00. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $765,790.00 for airport equipment . 2. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 3. Indirect Costs - Sponsor. Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 4. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies, and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 5. Completing the Proiect Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies, and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this agreement. 6. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 7. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 1, 2017, or such subsequent date as may be prescribed in writing by the FAA. 8. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 2 3-48-0051-055-2017 9. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 10. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-705-5771) or on the web (currently at http://fedgov.dnb.com/webform). 11. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees_ 12. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of condition No. 1. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 13. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this agreement. 14. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 15. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 3 3-48-0051-055-2017 16. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. May not be increased for a planning project; B. May be increased by not more than 15 percent for development projects; C. May be increased by not more than 15 percent for land project. 17. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program specific audit in accordance with 2 CFR part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Provide one copy of the completed audit to the FAA if requested. 18. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR 5180.200, the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. B. Require prime contractors to comply with 2 CFR §180.330 when entering into lower -tier transactions (e.g. Sub -contracts). C. Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered transaction with an ineligible entity or (2) suspends or debars a contractor, person, or entity. 19. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 20. AIP Funded Work Included in a PFC Application. Within 90 days of acceptance of this award, Sponsor must submit to the Federal Aviation Administration an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this grant award. The airport sponsor may not make any expenditure under this 4 3-48-0051-055-2017 award until project work addressed under this award is removed from an approved PFC application by amendment. 21. Exhibit "A" Property Map. The Exhibit "A" Property Map dated May 18, 2012, is incorporated herein by reference or is submitted with the project application and made part of this grant agreement. 22. Employee Protection from Reprisal. A. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph (A)(2), information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal office or employee responsible for oversight of a grant program; v. A court or grand jury; vi. A management office of the grantee or subgrantee; or vii. A Federal or State regulatory enforcement agency. 3. Submission of Complaint — A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint - A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General — Actions, limitations and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b) 6. Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under4l U.S.C. § 4712(c). 23. Project which Contain Paving Work in Excess of $500,000. The Sponsor agrees to: A. Furnish a construction management program to the FAA prior to the start of construction which details the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program must include as a minimum: 1. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract; 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided; 5 3-48-0051-055-2017 3. Procedures for determining that the testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation referenced in the contract specifications (D 3666, C 1077); 4. Qualifications of engineering supervision and construction inspection personnel; 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test; and 6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. B. Submit at completion of the project, a final test and quality assurance report documenting the summary results of all tests performed; highlighting those tests that indicated failure or that did not meet the applicable test standard. The report must include the pay reductions applied and the reasons for accepting any out -of -tolerance material. Submit interim test and quality assurance reports when requested by the FAA. C. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, will, absent any compelling justification; result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction will be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. D. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 6 3-48-0051-055-2017 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION,ADMINISTRATION (4, (Signature) Ben Guttery (Typed Name) Manager, Texas Airports District Office (Title of FAA Official) 7 3-48-0051-055-2017 PART 11 - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penalty of perjury that the foregoing is true and correct.' Executed this J day of ,1%..h e , Zo 17 . By: Title: is h. (Name of Sponsor) (Signature of Sponsor's Authorized Official) at -4 Vazt_Week Typed Nome of Sponsor's Authorized Official) 554s it Ain Gr.._ (Title of Sponsor's AuW6rized Official 14w CERTIFICATE OF SPONSOR'S ATTORNEY acting as Attorn for the Sponsor do hereby certify: That in my op' the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State ofn_ Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at 11\Ibdation) this I`— day of By: (Signature of '.onsor's Attorne 'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 8 Forms 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: 2017-228167 Date Filed: 06/23/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Oshkosh Airport Products, LLC Appleton, WI 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. 1093 Class 4 ARFF Vehicle 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check if 111 terested Party. only J X e. W S '1,i f1/4 B 6 ....1,_•% ii, AFFI :9..o•—""•.T •y-9N�' [swear, or affirm, under penalty of perjury, that th- =.ova disclosure is true and correct. eb. 111 = : NO TA y .. — =,„1 .. u'9's,pV BL1G,�? / 1- �j •''•..�»•••..•''.a �� S•.n. - f a,thoriz nt of contracting business entity CP ZrOp AFFIX NOTARYij1glil• s AL ABOVE , P(� 1eA,i this the �ID ' day of 3Uile. , Sworn to and subscribed before me, by the said Jei'i Cwli'\1jc .1( 20 11 , to certify which, witness my hand and seal of office. i.. 1 1 ,, -e _?L h rS. tur: o :' icer 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 First Reading Ordinance for the City Council Meeting of July 25, 2017 Second Reading Ordinance for the City Council Meeting of August 8, 2017 DATE: TO: FROM: July 5, 2017 Margie C. Rose, City Manager Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriating $274,267 from the Federal Aviation Administration Grant to the Airport Capital Improvement Fund to extend Taxiway "K" (Kilo) Construction for the support of United Coast Guard operations; at Corpus Christi International Airport. CAPTION: Ordinance appropriating $274,267 from Federal Aviation Administration Grant No. 3-48- 0051-050-2013, Amendment No. 5, in the No. 3020 Airport Capital Improvement Fund for additional funding for construction of approximately 7,150 square yards of new pavement to expand and extend Taxiway Kilo at the Corpus Christi International Airport and necessary drainage, electrical, lighting and signage improvements, with the 10% match provided from the Airport Capital Reserve Fund; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $274,267 each. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA previously offered Grant 50 in the amount of $25,634,078 to the City of Corpus Christi to fund Runway 13/31; 1,000 ft. Extension Displacement and Associated Taxiways and Runway 17/35 NAVAIDS' Site Work and Install Gate 10B; and is now offering Amendment 5 for a total amount of $274,267 for Taxiway Kilo. BACKGROUND AND FINDINGS: This is a joint FAA/City project with a respective 90/10 percent construction cost sharing. This project provides construction to install approximately 7,150 SY of new pavement in order to expand and extend Taxiway Kilo at CCIA with associated drainage, electrical, lighting and signage improvements. The additional improvements were presented to the FAA Program Manager and approved for additional funding by way of a $274,267 amendment to Grant 50. Taxiway Kilo will support the United States Coast Guard Facility and any future development in this area of CCIA. ALTERNATIVES: The only alternative would be for the additional project costs to be funded entirely from Airport funds or foregoing the additional improvements. Airport staff is of the opinion that improvements provide a substantial benefit to the Airport. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget 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 $25,634,078 $0 0 $25,634,078 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $274,267 0 $274,267 BALANCE $25,634,078 $274,267 0 $25,908,345 Fund: 3020 Airport CIP Fund Grant RECOMMENDATION: Staff recommends approval of the Ordinance as submitted LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Letter Ordinance appropriating $274,267 from Federal Aviation Administration Grant No. 3-48-0051-050-2013, Amendment No. 5, in the No. 3020 Airport Capital Improvement Fund for additional funding for construction of approximately 7,150 square yards of new pavement to expand and extend Taxiway Kilo at the Corpus Christi International Airport and necessary drainage, electrical, lighting and signage improvements, with the 10% match provided from the Airport Capital Reserve Fund; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $274,267 each. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. Funds in the amount of $274,267 from the Federal Aviation Administration for grant Amendment No. 5, Grant No. 3-48-0051-050-2013, are appropriated in the No. 3020 Airport Capital Improvement Fund for additional funding for construction of approximately 7,150 square feet of new pavement to expand and extend Taxiway Kilo at Corpus Christi International Airport and necessary drainage, electrical, lighting and signage improvements, with the 10% match provided from the Airport Capital Reserve Fund SECTION 2. The FY2016-2017 Capital Budget adopted by Ordinance No. 030936 is amended by increasing revenues and expenditures by $274,267 each. 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 Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn The foregoing ordinance was read for the second time and passed to its final reading on this the day of , 2017, by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn PASSED AND APPROVED this the day of , 2017 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor U.S. Department of Transportation Federal Aviation Administration June 20, 2017 Federal Aviation Administration Southwest Region, Airports Division, Texas Airports Development Office Mr. Fred Segundo Airport Director Corpus Christi International Airport 1000 International Blvd. Corpus Christi, Texas 78406 Dear Mr. Segundo: Fort Worth, Texas 76193-0650 This is in response to your letter of February 21, 2017 requesting an amendment to the Grant Agreement for AIP Project No. 3-48-0051-050-2013 at Corpus Christi International Airport, Texas. In accordance with Grant Special Condition No. 16 which states in part: "It is mutually understood and agreed that .. if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified." This Grant Agreement, accepted on September 4, 2013 is hereby amended by this Amendment No. 5 by increasing the amount set forth on Page 2 of the Grant Agreement from $25,634,078.00 to $25,908,345.00. This increase in the maximum obligation is to provide for allowable 3.02 % cost overrun of $274,267.00. If you have any questions or if we can be of additional service, please contact us. Sincerely, 56%-i-ei-e-cee-E-- en Guttery, Manager Texas Airports District Office AGENDA MEMORANDUM First Reading for the City Council Meeting of July 25, 2017 Second Reading for the City Council Meeting of August 8, 2017 DATE: July 5, 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: Andres Leal, Jr., P.E., Director, Street Operations andyl@cctexas.com (361) 826-1957 ORDINANCE AMENDMENT 24 -Hour Commercial Loading Zones CAPTION: Ordinance amending Chapter 53, Section 163 "Standing or parking in commercial loading zones; restrictions" of the Corpus Christi Code of Ordinances to allow 24-hour commercial loading zones; and providing an effective date, for severance, for penalty and for publication. PURPOSE: This ordinance amendment will allow vehicles with a commercial license plate to park in yellow zones, only if they are actively loading or unloading freight. BACKGROUND AND FINDINGS: The current Corpus Christi Code of Ordinances, Sec. 53-163. - Standing or parking in commercial loading zones; restrictions allows commercial vehicles to load, unload, deliver or pickup freight or parcel materials, to park in commercial loading zones for a period not to exceed thirty (30) minutes between the hours of 8:00 a.m. and 6:00 p. m. (except on Sundays). The management of American Bank Center (ABC) requested a designation for a 24-hour commercial loading zone on the west side of Shoreline Drive. Because of the frequent events at ABC, they need commercial vehicles to park during all hours for freight and parcel materials pickup and delivery. Police, Street Operations (Traffic Engineering) and Legal concur with the necessity of 24-hour commercial loading zones at appropriate locations on City streets. The City Transportation Advisory Commission recommended approval for 24-hour commercial loading zones at their May 22, 2017 meeting ALTERNATIVES: Denial of the 24-hour commercial loading zones. (Not Recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Police, Street Operations (Traffic Engineering), 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 Comments: None RECOMMENDATION: City staff recommends approval of the ordinance amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Vicinity Map Presentation Ordinance Ordinance amending Chapter 53, Section 163 "Standing or parking in commercial loading zones; restrictions" of the Corpus Christi Code of Ordinances to allow 24-hour commercial loading zones; and providing an effective date, for severance, for penalty and for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 53-163 of the Corpus Christ Code of Ordinances is revised to add subsection (6) to read as follows: (6) The city manager or such officers or employees of the city designated by the city manager may designate 24-hour commercial loading zone locations by the placement of specifically worded signing "24 HOUR COMMERCIAL LOADING ZONE". A 24-hour commercial loading zone shall be restricted as follows: a. Loading, unloading, delivery or picking up of freight or parcel materials shall be restricted to "commercial -licensed" (i.e., truck licensed) vehicles only. No passenger -licensed vehicles or any other vehicle otherwise licensed may use such specially signed 24-hour commercial loading zones. SECTION 2. This ordinance takes effect after official publication. SECTION 3. Penalties are as provided in Section 1-6 of the 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 hereof be given full force and effect for its purpose. SECTION 5. 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. Page 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 a SHIP CHANNEL CORPUS CHRISTI LEOPARD z zz AMERICAN BANK CENTER PROPOSED 24-HOUR COMMERCIAL LOADING ZONE FRONTAGE ALONG THE BUILDING 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 LAGUNA MADRE AMERICAN BANK CENTER PROPOSED 24-HOUR COMMERCIAL LOADING ZONE LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS BREWSTER ST. 1 imermrogrp �' *%* 1 r # I %,11 * I.' Se wt HUGHES ST. AMERICAN BANK CENTER PROPOSED 24-HOUR COMMERCIAL LOADING ZONE FRONTAGE ALONG THE BUILDING AMERICAN BANK CENTER FITZGERALD ST. LEGEND .8Q EXISTING TRAFFIC DIRECTION 1//,,,,,a PROPOSED LOADING ZONE AMERICAN BANK CENTER PROPOSED I CITY COUNCIL EXHIBIT 24-HOUR COMMERCIAL LOADING ZONE VICINITY MAP CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS Corpus Chr sti Engineering 24 -Hour Commercial Loading Zone Council Presentation July 25, 2017 Location Map 0 �hrsti Engineering AMERICAN BANK CENTER PROPOSED 24-1-1OUR COMMERCIAL LOADING ZONE FRCHIAGE MHC 1}E BIIIDHC CORPUS CHRISTI BAY N SC.V.E: N.T.S. 2 Vicinity Map 4000 Corpus Chr sti Engineering • HIRSCH ST ; -it t No- ft AMERICAN BANK CENTER PROPOSED 24-FIDUR COMMERCIAL LOADING ZONE FRONTAGE ALONG ME BUILDING AMERICAN BANK CENTER HI.,GHES ST 1Z ttt „ RESACA ST ••-- LEGEND #t EXISTING TRAFFIC DIRECTION itzLi PROPOSED LOADING ZONE 3 Recommendations Corpus Chr sti Engineering • Amend the Code of Ordinances, Chapter 53, Section 163 "Standing or parking in commercial loading zones; restrictions" to allow 24- hour commercial loading zones. Corpus Chr sti Engineering Questions? AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 8, 2017 Second Reading for the City Council Meeting of August 15, 2017 DATE: July 14, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Public Hearing and First Reading for Property located at 15057 Aruba Drive CAPTION: Case No. 0617-06 Aruba Bay Resort, LLC.: A change of zoning from the "CR-1/IO" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay. The property is described as being Padre Island -Corpus Christi, Section C, Lots 17 thru 20 and Padre Island -Corpus Christi, Section E, Block 1, Lots 1 and 2, located along the west side of Leeward Drive at the intersection with Aruba Drive, and north of Windward Drive. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of a planned community that will consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. RECOMMENDATION: Planning Commission and Staff Recommendation (July 12, 2017): Approval of the change of zoning from the "CR-1/IO" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay with specified conditions. Vote Results: For: 7 Against: 0 Absent: 2 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from "CR-1/IO" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay to allow for the construction of a planned community that will consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. The proposed rezoning to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay is consistent with the adopted Future Land Use Map, PIanCC, and the Mustang/Padre Island Area Development Plan. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Mustang/Padre Island Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay is consistent with the adopted Future Land Use Map, PIanCC, and the Mustang/Padre Island Area Development Plan. 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 Aruba Bay Resort, LLC. ("Owner"), by changing the UDC Zoning Map in reference to Padre Island -Corpus Christi, Section C, Lots 17 thru 20 and Padre Island -Corpus Christi, Section E, Block 1, Lots 1 and 2, from the "CR-1/IO" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Aruba Bay Resort, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, July 12, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "CR-1/IO" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay, and on Tuesday, August 8, 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 Aruba Bay Resort, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Padre Island -Corpus Christi, Section C, Lots 17 thru 20 and Padre Island -Corpus Christi, Section E, Block 1, Lots 1 and 2, located along the west side of Leeward Drive at the intersection with Aruba Drive, and north of Windward Drive. (the "Property"), from "CR -1/10" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay (Zoning Map No. 028025), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is The Aruba Planned Unit Development (PUD) Guidelines and Master Site Plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Aruba Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 14.25 dwelling units per acre. 3. Parking: The property must have a minimum of 2 parking spaces (9 feet wide by 18 feet long) per dwelling unit. Parking standards for any commercial uses are set at 1 parking space for every 355 square feet of gross floor area. Parking is prohibited within the private street and pedestrian walkways. 4. Setbacks and Lot Width: Minimum front yard setbacks for all lots shall be seven feet and on a corner four feet. Minimum width for townhouse lots shall be 16 feet. 5. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 6. Private Street Access: The 2 -way private access drive shall not be less than 24 feet and the 1 foot ribbon curb shall be striped or marked to indicate "Fire Lane/No Parking." 7. Pedestrian Access: Sidewalks shall be 6 feet wide on one side of the private street and shall be constructed and maintained as identified on the master site plan. 8. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 9. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-06 Aruba Bay Resort, LLC. - PUD\Council Documents\Ordina nce_0617-06_Aruba Bay Resort, LLC..docx Page 2 of 3 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 Debbie Lindsey -Opel 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 Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-06 Aruba Bay Resort, LLC. - PUD\Council Documents\Ordina nce_0617-06_Aruba Bay Resort, LLC..docx Page 3 of 3 R-2 0 r7 SUBJECT PROPERTY CASE: 0617-06 & NOTICE AREA 1191-1 Murrasri ly 1 191-2 MJ ^•-i y 2 PMI -S MJ ON Profess }-__~_ .. 191 -Ar Mali' rir CN -1 Neighbor roodnerD CN -2 Neigkbwheed €,o_ CR -1 Resell Ciminero CR -2 CQ -1 CG -2 CI CBD CR -3 FR H BP Re seri Cow mer° r. General Canine General Conner Irian sive Connier,.• Dewnlown Connerolal Ruse rl Cow menaNl Farm Rural Irslerld Ove rly IN liras 1 Park L Light Induatr.a, lir Ho-cvy Industrial PAID Planned Will Ddu Overlay RA -1 !"nni-Famlli 10 R!4 0k—Tamllye R.1_1. E. = hole-Tamlpl • .r - Two -Family • .1a 1.In0H-Family is RE Re side nils l E Male RUTH MAY nhome bP RV Ipeolar Parmll liacreatI nal Vehicle Pari[ _ _ :,r•ed Home ihth 2'}:r Sri AOrnes 421I12W.11>tad ov a -feed oenes"ip Mare Ch nes Moor X Jrnes ,r opposMs Lae C. _ d: &=3 7:271 7 Q.rat 6y: Jaar,r:aS: Daptn-1 a9ralagnrarr,Sanrl:gs SUBJECT FRO PERT Y LOCAflOfi MAP ARUBA PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND, CORPUS CHRISTI, TEXAS OWNER ARUBA BAY RESORT, LLC SUBMITTED BY HANSON PROFESSIONAL SERVICES, INC. ENGINEER: CRAIG B. THOMPSON, P.E. SOUTH TEXAS PRIME DESIGN GROUP, INC. DESIGNER: JON HALL JUNE 2017 HANSON: 16E0337 HANSON Engineering 1 Planning 1 Allied Services 4501 Gollihar Road, Corpus Christi, Texas 78411 ■ Tel 361-814-9900 ■ Fax 361-814-4401 ■ www.hanson-inc.com CONTENTS DEVELOPMENT DESCRIPTION 3 DEVELOPMENT LOCATION MAP 3 ADJACENT LAND USE AND ZONING 3 LOT LAYOUT 4 DEVELOPMENT DEVIATIONS 5 DEVELOPMENT GUIDELINES 5 OPEN SPACE LAYOUT 8 VEHICULAR AND PEDESTRIAN ACCESS 9 PARKING REQUIREMENTS 10 TYPICAL CROSS SECTION 10 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 2 DEVELOPMENT DESCRIPTION The Aruba Planned Unit Development (PUD) consists of a Master Site Plan of 3.65 acres, being all of Lots 17, 18, 19, and 20, Padre Island -Corpus Christi Section C, of Volume 34, Pages 133 M.R.N.C.T. and all of Lots 1 and 2, Block 1, Padre Island -Corpus Christi Section E, of Volume 38, Pages 25-26, M.R.N.C.T., at the intersection of Aruba Dr. and Leeward Dr. on Padre Island. The development is a planned community that will consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. The property currently sits on low density residential and vacant land and is currently zoned Resort Commercial (CR-1/IO). The Future Land Use Plan designates the area as mixed use. The proposed zoning is RM-AT/IO/PUD. The proposed density will be 1 unit for every 2522 square feet per the residential and common area lots. DEVELOPMENT LOCATION MAP Google Maps Imagery Date: March 2017 ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 3 CURRENT LAND USE ZONING North of Property Vacant CR -1, CR -2, RM -AT South of Property Medium Density Residential RM -AT East of Property Medium Density Residential RM -AT West of Property Vacant CR -1, CR -2, RS -6 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 3 LOT LAYOUT The following is the Lot Layout for the development: LOT PROPERTY BOUNDARY UNE Vt 1c Q RESIDENTIAL LOT COMMON AREA LOT 11 Q COMMERCIAL LOT PUD BOUNDARY / / 7ROPERTY /BOUNDARY UNE LO T 16 LO T 15 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 4 DEVELOPMENT DEVIATIONS The following table indicates the Development Deviations for the Residential Lots: DESCRIPTION UDC- ZONING/PLATTING ORDINANCE REQUIREMENTS (RS-TH) PUD REQUIREMENTS Lot Area in Square Feet Minimum = 2,600 Maximum = N/A Minimum = 1,490 Maximum = 4,000 Lot Width at Front Yard Requirement Line in Feet Minimum = 26 Maximum = N/A Minimum = 22 Maximum = N/A Right-of-way / Access Easement 50 feet Minimum = 24 feet Pavement Width in Feet Minimum = 28 Minimum = 24 Yard Requirements (Minimum in Feet) Street — Non -Corner 10 Minimum = 7 Street—Corner 10 Minimum = 4 Side — Single 0 0 Side — Total 0 0 Rear 5 5 Curb Type Standard 6" Curb and Gutter 1' Ribbon Curb Sidewalk 5' width on both sides 6' sidewalk required when on one side of road The following table indicates the Development Deviations for the Common Area Lots: DESCRIPTION UDC- OPEN AREA PUD REQUIREMENTS Parking requirement per Parks and Open Area in Square Feet 1 per 10,000 SF outdoor lot area 1 per 10,360 SF* * — The development is designed to be walkable and the common areas are intended for the residences only. The following table indicates the Development Deviations for the Commercial Lot: DESCRIPTION UDC- COMMERCIAL PUD REQUIREMENTS Parking requirement per Retail Sales and Service in Square Feet 1 per 250 SF 1 per 355 SF DEVELOPMENT GUIDELINES The fol owing tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER LOT NUMBERS Residential Lot(s) 1 1-52 Common Area and Access Easement Lot(s) 1 53-55 Commercial Lot 2 1 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 5 RESIDENTIAL LOTS DESCRIPTION REQUIREMENTS Usage Residential Open Space- Percent Minimum 30 Building Height — Maximum in Feet 45 Building Spacing — Minimum in Feet 10 Parking Requirement Per Unit Minimum = 2 Maintenance Lot Owner and/or Home Owners Association (HOA) Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, and landscaping. Rental Daily, weekly, and monthly rentals are allowed COMMON AREA LOTS DESCRIPTION REQUIREMENTS Usage Non -Residential Structures supporting the Community Lot Area in Square Feet Minimum = N/A Maximum = N/A Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non -Corner 7 * Street—Corner 7* Side —Single 0 Side —Total 0 Rear 5 Building Height — Maximum in Feet 1 -story Building Spacing — Minimum in Feet As per International Building Code Landscape Requirement Will be determined during building permitting. Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. * — Yard requirement is for Block 1, Lot 53 and 55 only. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 6 COMMERCIAL LOT DESCRIPTION REQUIREMENTS Usage Commercial Lot Area in Square Feet Minimum = N/A Maximum = N/A Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non-Corner 18 10 Street—Corner Side —Single 0 Side —Total 0 Rear 5 Building Height — Maximum in Feet N/A Building Spacing — Minimum in Feet As per International Building Code Landscape Requirement Will be determined during building permitting. Maintenance Lot Owner Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 7 OPEN SPACE LAYOUT The fol owing is the Open Space Layout for the development: OPEN SPACE CALCULATION QUANTITY (SQUARE FEET) QUANTITY (ACRE) Total Area of PUD 159148 3.65 Total Non -Open Space (Impervious Area) 1,2,3 107053 2.46 67% Total Open Space (Pervious Area) 4 52095 1.19 33% 1 Constructed building area 2 Driveway area LDT 3 Area of all Pavement and Sidewalk Minimum Open Space required is 30% °91\89 pAyrQ '''rk OFEN SPACE \ Vi STREET PAVEMENTS CRIVEWAY% SCEVOLK 8/� 1 ' i LOT16 / / HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 8 VEHICULAR AND PEDESTRIAN ACCESS The Vehicular and Pedestrian Access for the development is indicated below. The entrances into the development will provide a 24 foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 24' wide from back -of -curb to back -of -curb. The development will provide 6' sidewalks on one side of the road to promote walkability and access to future amenities as indicated. Vehicular access onto Block 1, Lots 18-25 and 55 from Leeward Drive and onto Block 1, Lots 25-36 from Aruba Drive is prohibited. 0 1z 1A PARKING AREA (9'x 18' SPACES) 16' SIDEWALK R48' [20' WIDE EMERGENCY MOVEMENT APPROXIMATE (10'x15') DUMPSTER LOCATION WITH REQUIRED SCREENING 6' SIDEWALK .f/ RG By il PARKING AREA F�qy , , (i)' 9x18 SPACES) , \ PARKING AREA \ ,`,,,\ \ ,,,, PARKING AREA 1 R28' (9'x18' SPACES) ' (9'x 1$ SPACES, 1 �' PARKING AREA \ �/ (8'x21' \\ � SPACES) / \"-;' 1/%4°2 6SIDEWALK �/' 1 0, /O Afelpistom goo / ir / ,, / , PARKING AREA `�' (9'x18' SPACES) HSTREET PAVEMENT & DRIVEWAY SIDEWALK PUD BOUNDARY LOT 16 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 9 PARKING REQUIREMENTS The following is the Parking Requirements for the development: LOT TYPE REQUIREMENTS QUANTITY OF LOTS QUANTITY OF PARKING REQUIRED QUANTITY OF PARKING PROVIDED Residential 1 2 per unit 52 104 104 Residential - Guest Parking 1 1 per 5 units 52 11 41 Common Area 1 per 10,360 SF 3 4 4 Commercial 1 per 355 SF 1 10 10 Total: 129 159 1— Parking can be provided within the unit or anywhere within the limits of the development. TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: NOTE: The Right of Way is a Private Access Easement and Private Utility Easement. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 10 Cross Section A PL BL I � X15' UE -4011P- Cross Section B 6' SIDEWALK 1' CURB 30' ROW PL 6' !BL 15' UE 1' CUIB- 22'PAVEMENT- 6' Cross Section C 22 PAVEMENT 23' 18' BL PL PL 30' ROW 15' UE 6' SIDEWALK - 18' DRIVEWAY 7' BL/UE 1' CURB 1' CURB - 22' PAVEMENT HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 11 Cross Section D A, IF 1r PL PL 23' 18' BL 1-15' UES 30° ROW 6' SIDEWALK - 18' DRIVEWAY - 1' CURB 1' CURB- - 22' PAVEMENT Cross Section E PL 6' BLUUE CURB 41' ROW PL 11.0' PAVEMENT PAVEMENT 8' PARKING 1' CURB 23' 18'BL 15' UE --I : 6' SIDEWALK 18' DRIVEWAY -I-- Cross Section F 23' PL PL I- ; 1B' BL 15' UES i 1' CURB �r18' DRIVEWAY 30' ROW 18' BL_ -1 -15' UE -H tir,•�\`err 1 11' PAVEMENT PAVEMENT' 6' SIDEWALK --1' CUFB 18' DRIVEWAY -I- HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 12 Cross Section G -1' CURB 1' CURB-.- 22' URB- 22' PAVEMENT PL 23' 18' BL -� 1S' UES i 6' SIDEWALK --18' DRIVEWAY For illustration purposes only. Residential structures may vary. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 13 NE"Al2I97 8,451E145484 0705 RE ED o-04 E D -1992 / BAB' N,"' 19"W 46.82' 2007"Arr (EL9) ,� AS PER PANEL 485464 0405 REVISED 9-17-1992 ARUBA DRIVE 60' RIGHT-OF-WAY LEGEND• N 80250020020 - - DE. 0;11 'ROAD CENTERLINE ✓l 0 20 40 aL0EK3YMa0L Zy 11 FT11 PUBLIC EASEMENT CROSSINGLOT UNE .- PRIVATE EASEMENT ON UTIUTY EASEMENT U E FEMA FLOOD ZONE BNDY M R MAP RECORDS YARD REQUIREMENT Y R D R DEED RECORDS FIRE STRIPING MOORING LINERIOHTOF wav 9 ZONE "A13". (EL 9)69 AS PER PANEL 465494 0705 D r2.2„.,{ % REVISED 5<1999 _tel �� �aaainwrJ 2091E "2116 (EL 9') AS R PANEL 405464 0405 REVISED 9-121902 ,3O 29 i s OZ 2s n °h92ti °°'P '70 -7, Fv WIN MMUN AREA PaNv e_CCESS MEM B. p• NAT -'1 - 111111111 24' 47"E 290.39' GENERAL NOTES TOTAL PLATTED AREA CONTAINS 3 85 ACRES OF LAND INCLUDING PRIVATE STREET. 2. ALL BEARINGS ARE GRD BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD 1983). ELEVATIONS ARE BASED ON NGV029. 3. A 5/8" DIAMETER BY 18" LONG IRON ROD VNTH RED PLASTIC CAP STAMPED"NAISMITH ENG. C C., TX." VNLL BE SET AT ALL PLAT CORNERS, BLOCK CORNERS, LOT CORNERS, POINTS OF CURVATURE, AND POINTS OF TANGENCY, UNLESS OTHERVMSE NOTED. THIS SURVEYOR CANNOT CERTIFY AS TO UN -RECORDED EASEMENTS AND/OR RIGHT-OF.WAY THAT MAY MPACT THE SUBJECT PROPERTY AND ARE NOT VISIBLE AND APPARENT. CAUTION MUST BE TAKEN VNTH PIPELINE MARKERS INDICATING BURIED LINES NOT ON RECORD. m oa S71° LOT 16 Im PADRE ISLAND -CORPUS CHRISTI -SECTION C :LR VOLUME 34. PAGE 133 M. R.N. C. T. INCHES ABOVE THE LOWEST ADJACENT TOP OF CURB (OR CROWN OF ROAD IF UNCUR0EG), WHICHEVER IS HIGHER. RECEIVING WATERS THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IST E LAGUNA MADRE. THE TME° HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE LAGUNA MADRE AS "EXCEPTIONAL" AND "OYSTER WATERS". THE TME° HAS ALSO CATEGORIZED T E LAGUNA MADRE RECEIVING WATER AS "CONTACT RECREATION" USE. FEMA INFORMATION. PLOTTING THE PROPERTY BY SCALE ON EFFECTIVE FLOOD INSURANCE RATE MAP COMM UNITY -PANEL NO. 485484 04050 MAP REVISED SEPTEMBER 17, 1992, INDICATES THE PROPERTY IS LOCATED IN FLOOD ZONE 011 NNTH ELEVATION OF e') AND ON COMM UNITY -PANEL NO. 405494 07050, MAP REVISED MAY 4, 1992, INDICATES THE PROPER, IS LOCATED IN FLOOD ZONE Ata VNTH ELEVATION OF 99, DEFINED AS AREAS OF 100 -YEAR FLOOD BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS DETERMINED. THE YARD REQUIREMENTS ARE AS DEPICTED AND BASED ON THE PUO. 10. IMPROVEM ENTS N EWCON STRUCTIONI NASPECIAL FLOODHAZARDARE30000=INEDBYFEMA, MUST H"E00FL0 10.1. LOTS MINIM U ION (0= FLOOR ELEVATION FOR HABITABLE LIVING SPACE AT ORABOVE THE B0SE FLOOD 10.1.1.0. 0 NGLE-FAMILY- 53208(,)1-92100,3152" BLOCK IJ ELEVATION(BFEJ PER THE CURRENTAPPLICABLE FLOOOINSURANCE RATE MAP (FIRM), OR 18 10.1.1 B. COMMON AREA- BLOCK:1 41,434 SFJ 55 CO"s"P"f REA 3305E 4 VIII¢ ncE2 0 WIo Curve Table Curve # Length Radius Delta Chord Direction Ch tlL g 01 25.03 80.00 17.93 S56 28' 35'6 24.93 C2 39.04 76.34 29.30 N50"47.21"W 38.62 C3 130.00 245.02 30.40 551.20.20T 128.48 Cd 15.71 10.00 90.00 N21. 32'26"W 14.14 Cs 54.07 150.58 20.57 53.76 C6 150.39 667.77 12.90 150.07 C7 2.59 245.02 0.58 536"25'53"E 2.50 C8 28.06 245.02 6.57 S40' OM 23"E 28.06 C9 22.33 245.02 5.22 S45'5, 01"E 22.32 C10 22.79 245.02 5.33 851" 10' 32"E 22.78 C11 12.10 245.02 2.83 555"15'15"E 12.09 C12 27.20 245.02 6.36 559' 50.55T 27.19 C13 15.01 2.13.2.1 3.54 566'47'24"E 15.01 C14 16.61 150.58 6.32 C15 22.24 150.58 8.46 N12. 40.06,V 22.22 C16 15.22 150.58 5.79 N19. 47' 45"W 15.22 C17 0,56 667.77 0,05 N20" 4.1' 27'AV 0.56 C12 149.83 667.77 12.86 149.52 C19 21.99 14.00 90.00 N8" 51.41"E 19.80 C20 13.80 26.00 30.40 N51. 20'23"W 13.63 C21 4.12 10.00 23.58 378' 19. 4, 4.09 17.21 20.00 49.30 16.68 C23 4.25 26.00 9.36 566. 441 ONE 4.24 C24 18.74 26.00 41.29 541.24'3TE 18.34 C25 67.73 52.00 76.62 516" 32' 5811/6 63.04 C26 31.42 20.00 90.00 S81 08'19'6 28.28 C27 27.12 56.90 27.74 550" OP 39"E 26.85 C28 254 56.60 2.60 565"10.55"E 254 C29 0,06 56.00 0.06 566`30.39T 0.06 22.28 28.00 45.58 21.69 C31 22.28 28.00 45.58 N89. 19.59,V 21.69 032 5.22 28.00 10.67 561" 12' 16"E 5.21 C33 17.16 28.00 35.11 16.89 C34 28.71 28.00 58.74 27.47 C35 7.76 28.00 15.88 N45. 55' 15"E 7.74 1011BA. BLOCK 1, LOT 54- PRIVATE STREET SHALL BE USED AS ACCESS AND UTILTY EASEMENT AND MAINTAINED BY HOME OWNERS ASSOCIATION. 10.1.1E COMMERCIAL 1 (LOT I, BLOCK 2, NOT OWNED BY HOME OWNERS ASSOCIATION) 11. ALL ROADS, SANITARY SEWER LINES, AND COMMON AREAS VMTHIN PRIVATE EASEMENTS WILL BE PRIVATE AND ARE TO BE MA NTAINED BY THE HOMEOWNERS ASSOCIATION. THE CITY HAS NO OBLIGATION OR INTENTION TO EVER ACCEPT SUCH STREETS AS PUBLIC RIGHT -OF -WAV. 12. THE HOME OWNERS ASSOCIATION AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS ANY GOVERNMENTAL ENTITY FOR DAMAGE TO'. A. PRIVATE STREETS REASONABLY USED BY GOVERNMENT VEHICLES B. INJURES OR DAMAGES TO OTHER PERSONS PROPERTIES OR VEHICLES CLAIMED AS A RESULT OF STREET DESIGN OR CONSTRUCTION 12. REPLACEMENT COSTS OF THE PRIVATE SIDEWALK AND OTHER AMENITIES VMTHIN A PUBLIC UTILITY EASEMENT SHALL BE THE RESPONSIBILITY OF THE HOME OWNER'S ASSOCIATION. 13. THE ARUBA PUD ORDINANCE NUMBER IS XXXX-XX. 14. VEHICULAR ACCESS SHALL BE PROHIBITED ONTO LOTS 1325 AND 55, BLOCK 1 FROM LEEWARD OR. AND LOTS 25-38, BLOCK 1 FROM ARUBA OR. PLANNING COMMISSION FINAL REPORT Case No. 0617-06 INFOR No. 17ZN1017 Planning Commission Hearing Date: July 12, 2017 Applicant & Legal Description Owner: Aruba Bay Resort, LLC. Applicant/Representative: Hanson Professional Services, Inc. Location Address: 15057 Aruba Drive Legal Description: Padre Island -Corpus Christi, Section C, Lots 17 thru 20 and Padre Island -Corpus Christi, Section E, Block 1, Lots 1 and 2, located along the west side of Leeward Drive at the intersection with Aruba Drive, and north of Windward Drive. Zoning Request From: "CR-1/IO" Resort Commercial District with the Island Overlay To: "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay Area: 3.65 acres Purpose of Request: To allow for the construction of planned community that will consist of 52 single-family Tots, 3 common areas Tots, and 1 commercial lot. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "CR -1/10" Resort Commercial with the Island Overlay Vacant Mixed Use North "CR -1/10" and "CR -2/I0" Resort Commercial with the Island Overlay and "RM-AT/IO/PUD" Multifamily AT with the Island Overlay and a Planned Unit Development Vacant Mixed Use South "RM-AT/I0" Multifamily AT with the Island Overlay Medium Density Residential Mixed Use East "RM-AT/I0" Multifamily AT with the Island Overlay Medium Density Residential Mixed Use West "CR -2/10" Resort Commercial with the Island Overlay Drainage Mixed Use ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for mixed uses. The proposed rezoning to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay is consistent with the adopted Future Land Use Map which calls for mixed uses. Map No.: 028025 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 392 feet of street frontage along Aruba Drive which is designated as an "Al" Minor Arterial Undivided Street and 340 feet of street frontage along Leeward Drive which is designated as a "01" Minor Residential Collector Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Aruba Drive Local/Residential 50' ROW 28' paved 60' ROW 40' paved N/A Leeward60' Drive 01 Minor Collector ROW 40' paved 100' ROW 60' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CR-1/IO" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay to allow for the construction of planned community that will consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. Development Plan: The subject property is comprised of 3.65 acres and is proposed to be a planned community that will consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. Minimum Dimensions "RM -AT" District Standards "RS-TH" District Standards Proposed PUD Deviation Lot Area 5,000 sf. 1,600 sf. 1,490 sf. Yes Minimum Lot Width 50 ft. 16 ft. 22 ft. No Front Yard 20 ft. 10 ft. 7 ft. Yes Front Yard (Corner) 10 ft. 10 ft. 4 ft. Yes Side Yard 5 ft. 0 ft. 0 ft. No Rear Yard 5 ft. 5 ft. 5 ft. No Open Space 25% 30% 30% No Paved Street Width 28 ft. 28 ft. 24 ft. Yes Curb Type 6 -in. curb & gutter 6 -in. curb & gutter 1 ft. ribbon curb Yes Parking Requirement 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:250 sf. 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:250 sf 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:355 sf. Yes Sidewalks 5 ft. on both sides or 6 ft. on both sides of private streets 5 ft. on both sides or 6 ft. on both sides of private streets 6 ft. sidewalk on one side of the private street Yes `RS-TH" District standards are applied in the "RM -AT" District in the cases of Townhome Developments. Staff Report Page 3 Existing Land Uses & Zoning: The subject property is currently zoned "CR-1/IO" Resort Commercial with the Island Overlay and is vacant land. To the west is Packery Channel). To the north, several rezoning cases have occurred since 2011. Approved rezoning included two Planned Unit Developments (PUD) in 2013 and 2015. Other properties in close proximity to the north include "CR-1/IO" Commercial Resort with the Island Overlay and "RM-AT/IO" Multifamily AT with the Island Overlay properties. Both "CR-1/IO" and "RM-AT/IO" properties allow apartments and overnight accommodation uses. To the south are properties zoned "RM-AT/IO" Multifamily AT with the Island Overlay and consist of high density residential (i.e. condominiums and townhomes) developments. Lastly, to the east across Leeward Boulevard are properties zoned "RM- AT/IO" Multifamily AT with the Island Overlay and also consist of high density residential (i.e. condominiums and townhomes) developments. Additionally, one Planned Unit Development was approved and constructed in 2013. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. However, the property will be replatted as part of the Planned Unit Development (PUD) rezoning process. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang/Padre Island Development Plan (ADP). The proposed rezoning to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development is consistent with the adopted with the Mustang/Padre Island ADP. The proposed rezoning is also consistent with the following policies of the Comprehensive Plan: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Tourist -oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The designation of "Mixed Use" in the Future Land Use Plan expresses the City's desire to mix residential and non-residential uses. (Policy Statement B.10). Department Comments: • The proposed rezoning is compatible with the Future Land Use Map, PIanCC, and the Mustang/Padre Island Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. Staff Report Page 4 • The property is currently vacant, zoned "CR-1/IO" Resort Commercial with the Island Overlay, and has never been developed. • Surrounding properties have been rezoned within the past thirteen years indicating a pattern towards high density residential and commercial development. The zoning pattern is in line with a PIanCC policy statement of creating urban villages and accommodating continuous growth. • The PUD will allow Daily, Weekly, and Monthly rentals. The current "CR -1" Resort Commercial District with the Island Overlay allows this use today. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. Additionally, PUDs are encouraged in the Mustang/Padre Island ADP. • Staff finds that the proposed deviations are acceptable and the request has been approved by the Technical Review Committee (TRC). • The subject property is located in a "Vinyl Not Allowed" area. Planning Commission and Staff Recommendation (July 12, 2017): Approval of the change of zoning from the "CR-1/IO" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Aruba Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 14.25 dwelling units per acre. 3. Parking: The property must have a minimum of 2 parking spaces (9 feet wide by 18 feet long) per dwelling unit. Parking standards for any commercial uses are set a 1 parking space for every 355 square feet of gross floor area. Parking is prohibited within the private street and pedestrian walkways. 4. Setbacks and Lot Width: Minimum front yard setbacks for all lots shall be seven feet and on a corner four feet. Minimum width for townhouse lots shall be 16 feet. 5. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 6. Private Street Access: The 2 -way private access drive shall not be less than 24 feet and the 1 foot ribbon curb shall be striped or marked to indicate "Fire Lane/No Parking." 7. Pedestrian Access: Sidewalks shall be 6 feet wide on one side of the private street and shall be constructed and maintained as identified on the master site plan. Staff Report Page 5 8. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 9. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Public Notification Number of Notices Mailed — 84 within 200 -foot notification area 8 outside notification area As of July 7, 2017: In Favor — 2 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Planned Unit Development (PUD) Guidelines and Master Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-06 Aruba Bay Resort, LLC. - PUD\Council Documents\CC Report_0617-06_Aruba Bay Resort, LLC..docx R-2 0 r7 SUBJECT PROPERTY CASE: 0617-06 & NOTICE AREA 1191-1 Murrasri ly 1 191-2 MJ ^•-i y 2 PMI -S MJ ON Profess }-__~_ .. 191 -Ar Mali' rir CN -1 Neighbor roodnerD CN -2 Neigkbwheed €,o_ CR -1 Resell Ciminero CR -2 CQ -1 CG -2 CI CBD CR -3 FR H BP Re seri Cow mer° r. General Canine General Conner Irian sive Connier,.• Dewnlown Connerolal Ruse rl Cow menaNl Farm Rural Irslerld Ove rly IN liras 1 Park L Light Induatr.a, lir Ho-cvy Industrial PAID Planned Will Ddu Overlay RA -1 !"nni-Famlli 10 R!4 0k—Tamllye R.1_1. E. = hole-Tamlpl • .r - Two -Family • .1a 1.In0H-Family is RE Re side nils l E Male RUTH MAY nhome bP RV Ipeolar Parmll liacreatI nal Vehicle Pari[ _ _ :,r•ed Home ihth 2'}:r Sri AOrnes 421I12W.11>tad ov a -feed oenes"ip Mare Ch nes Moor X Jrnes ,r opposMs Lae C. _ d: &=3 7:271 7 Q.rat 6y: Jaar,r:aS: Daptn-1 a9ralagnrarr,Sanrl:gs SUBJECT FRO PERT Y LOCAflOfi MAP ARUBA PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND, CORPUS CHRISTI, TEXAS OWNER ARUBA BAY RESORT, LLC SUBMITTED BY HANSON PROFESSIONAL SERVICES, INC. ENGINEER: CRAIG B. THOMPSON, P.E. SOUTH TEXAS PRIME DESIGN GROUP, INC. DESIGNER: JON HALL JUNE 2017 HANSON: 16E0337 HANSON Engineering 1 Planning 1 Allied Services 4501 Gollihar Road, Corpus Christi, Texas 78411 ■ Tel 361-814-9900 ■ Fax 361-814-4401 ■ www.hanson-inc.com CONTENTS DEVELOPMENT DESCRIPTION 3 DEVELOPMENT LOCATION MAP 3 ADJACENT LAND USE AND ZONING 3 LOT LAYOUT 4 DEVELOPMENT DEVIATIONS 5 DEVELOPMENT GUIDELINES 5 OPEN SPACE LAYOUT 8 VEHICULAR AND PEDESTRIAN ACCESS 9 PARKING REQUIREMENTS 10 TYPICAL CROSS SECTION 10 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 2 DEVELOPMENT DESCRIPTION The Aruba Planned Unit Development (PUD) consists of a Master Site Plan of 3.65 acres, being all of Lots 17, 18, 19, and 20, Padre Island -Corpus Christi Section C, of Volume 34, Pages 133 M.R.N.C.T. and all of Lots 1 and 2, Block 1, Padre Island -Corpus Christi Section E, of Volume 38, Pages 25-26, M.R.N.C.T., at the intersection of Aruba Dr. and Leeward Dr. on Padre Island. The development is a planned community that will consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. The property currently sits on low density residential and vacant land and is currently zoned Resort Commercial (CR-1/IO). The Future Land Use Plan designates the area as mixed use. The proposed zoning is RM-AT/IO/PUD. The proposed density will be 1 unit for every 2522 square feet per the residential and common area lots. DEVELOPMENT LOCATION MAP Google Maps Imagery Date: March 2017 ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 3 CURRENT LAND USE ZONING North of Property Vacant CR -1, CR -2, RM -AT South of Property Medium Density Residential RM -AT East of Property Medium Density Residential RM -AT West of Property Vacant CR -1, CR -2, RS -6 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 3 LOT LAYOUT The following is the Lot Layout for the development: LOT PROPERTY BOUNDARY UNE Vt 1c Q RESIDENTIAL LOT COMMON AREA LOT 11 Q COMMERCIAL LOT PUD BOUNDARY / / 7ROPERTY /BOUNDARY UNE LO T 16 LO T 15 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 4 DEVELOPMENT DEVIATIONS The following table indicates the Development Deviations for the Residential Lots: DESCRIPTION UDC- ZONING/PLATTING ORDINANCE REQUIREMENTS (RS-TH) PUD REQUIREMENTS Lot Area in Square Feet Minimum = 2,600 Maximum = N/A Minimum = 1,490 Maximum = 4,000 Lot Width at Front Yard Requirement Line in Feet Minimum = 26 Maximum = N/A Minimum = 22 Maximum = N/A Right-of-way / Access Easement 50 feet Minimum = 24 feet Pavement Width in Feet Minimum = 28 Minimum = 24 Yard Requirements (Minimum in Feet) Street — Non -Corner 10 Minimum = 7 Street—Corner 10 Minimum = 4 Side — Single 0 0 Side — Total 0 0 Rear 5 5 Curb Type Standard 6" Curb and Gutter 1' Ribbon Curb Sidewalk 5' width on both sides 6' sidewalk required when on one side of road The following table indicates the Development Deviations for the Common Area Lots: DESCRIPTION UDC- OPEN AREA PUD REQUIREMENTS Parking requirement per Parks and Open Area in Square Feet 1 per 10,000 SF outdoor lot area 1 per 10,360 SF* * — The development is designed to be walkable and the common areas are intended for the residences only. The following table indicates the Development Deviations for the Commercial Lot: DESCRIPTION UDC- COMMERCIAL PUD REQUIREMENTS Parking requirement per Retail Sales and Service in Square Feet 1 per 250 SF 1 per 355 SF DEVELOPMENT GUIDELINES The fol owing tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER LOT NUMBERS Residential Lot(s) 1 1-52 Common Area and Access Easement Lot(s) 1 53-55 Commercial Lot 2 1 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 5 RESIDENTIAL LOTS DESCRIPTION REQUIREMENTS Usage Residential Open Space- Percent Minimum 30 Building Height — Maximum in Feet 45 Building Spacing — Minimum in Feet 10 Parking Requirement Per Unit Minimum = 2 Maintenance Lot Owner and/or Home Owners Association (HOA) Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, and landscaping. Rental Daily, weekly, and monthly rentals are allowed COMMON AREA LOTS DESCRIPTION REQUIREMENTS Usage Non -Residential Structures supporting the Community Lot Area in Square Feet Minimum = N/A Maximum = N/A Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non -Corner 7 * Street—Corner 7* Side —Single 0 Side —Total 0 Rear 5 Building Height — Maximum in Feet 1 -story Building Spacing — Minimum in Feet As per International Building Code Landscape Requirement Will be determined during building permitting. Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. * — Yard requirement is for Block 1, Lot 53 and 55 only. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 6 COMMERCIAL LOT DESCRIPTION REQUIREMENTS Usage Commercial Lot Area in Square Feet Minimum = N/A Maximum = N/A Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non-Corner 18 10 Street—Corner Side —Single 0 Side —Total 0 Rear 5 Building Height — Maximum in Feet N/A Building Spacing — Minimum in Feet As per International Building Code Landscape Requirement Will be determined during building permitting. Maintenance Lot Owner Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 7 OPEN SPACE LAYOUT The fol owing is the Open Space Layout for the development: OPEN SPACE CALCULATION QUANTITY (SQUARE FEET) QUANTITY (ACRE) Total Area of PUD 159148 3.65 Total Non -Open Space (Impervious Area) 1,2,3 107053 2.46 67% Total Open Space (Pervious Area) 4 52095 1.19 33% 1 Constructed building area 2 Driveway area LDT 3 Area of all Pavement and Sidewalk Minimum Open Space required is 30% °91\89 pAyrQ '''rk OFEN SPACE \ Vi STREET PAVEMENTS CRIVEWAY% SCEVOLK 8/� 1 ' i LOT16 / / HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 8 VEHICULAR AND PEDESTRIAN ACCESS The Vehicular and Pedestrian Access for the development is indicated below. The entrances into the development will provide a 24 foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 24' wide from back -of -curb to back -of -curb. The development will provide 6' sidewalks on one side of the road to promote walkability and access to future amenities as indicated. Vehicular access onto Block 1, Lots 18-25 and 55 from Leeward Drive and onto Block 1, Lots 25-36 from Aruba Drive is prohibited. 0 1z 1A PARKING AREA (9'x 18' SPACES) 16' SIDEWALK R48' [20' WIDE EMERGENCY MOVEMENT APPROXIMATE (10'x15') DUMPSTER LOCATION WITH REQUIRED SCREENING 6' SIDEWALK .f/ RG By il PARKING AREA F�qy , , (i)' 9x18 SPACES) , \ PARKING AREA \ ,`,,,\ \ ,,,, PARKING AREA 1 R28' (9'x18' SPACES) ' (9'x 1$ SPACES, 1 �' PARKING AREA \ �/ (8'x21' \\ � SPACES) / \"-;' 1/%4°2 6SIDEWALK �/' 1 0, /O Afelpistom goo / ir / ,, / , PARKING AREA `�' (9'x18' SPACES) HSTREET PAVEMENT & DRIVEWAY SIDEWALK PUD BOUNDARY LOT 16 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 9 PARKING REQUIREMENTS The following is the Parking Requirements for the development: LOT TYPE REQUIREMENTS QUANTITY OF LOTS QUANTITY OF PARKING REQUIRED QUANTITY OF PARKING PROVIDED Residential 1 2 per unit 52 104 104 Residential - Guest Parking 1 1 per 5 units 52 11 41 Common Area 1 per 10,360 SF 3 4 4 Commercial 1 per 355 SF 1 10 10 Total: 129 159 1— Parking can be provided within the unit or anywhere within the limits of the development. TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: NOTE: The Right of Way is a Private Access Easement and Private Utility Easement. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 10 Cross Section A PL BL I � X15' UE -4011P- Cross Section B 6' SIDEWALK 1' CURB 30' ROW PL 6' !BL 15' UE 1' CUIB- 22'PAVEMENT- 6' Cross Section C 22 PAVEMENT 23' 18' BL PL PL 30' ROW 15' UE 6' SIDEWALK - 18' DRIVEWAY 7' BL/UE 1' CURB 1' CURB - 22' PAVEMENT HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 11 Cross Section D A, IF 1r PL PL 23' 18' BL 1-15' UES 30° ROW 6' SIDEWALK - 18' DRIVEWAY - 1' CURB 1' CURB- - 22' PAVEMENT Cross Section E PL 6' BLUUE CURB 41' ROW PL 11.0' PAVEMENT PAVEMENT 8' PARKING 1' CURB 23' 18'BL 15' UE --I rag 6' SIDEWALK 18' DRIVEWAY -I-- Cross Section F 23' PL PL I- ; 18' BL 15' UES i 1' CURB �r18' DRIVEWAY 30' ROW 18' BL_ -1 -15' UE -H J fr 1 11' PAVEMENT PAVEMENT' 6' SIDEWALK --1' CUFB 18' DRIVEWAY -I- HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 12 Cross Section G -1' CURB 1' CURB-.- 22' URB- 22' PAVEMENT PL 23' 18' BL -� 1S' UES i 6' SIDEWALK --18' DRIVEWAY For illustration purposes only. Residential structures may vary. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 13 NE"Al2I97 8,451E145484 0705 RE ED o-04 E D -1992 / BAB' N,"' 19"W 46.82' 2007"Arr (EL9) ,� AS PER PANEL 485464 0405 REVISED 9-17-1992 ARUBA DRIVE 60' RIGHT-OF-WAY LEGEND• N 80250020020 - - DE. 0;11 'ROAD CENTERLINE ✓l 0 20 40 aL0EK3YMa0L Zy 11 FT11 PUBLIC EASEMENT CROSSINGLOT UNE .- PRIVATE EASEMENT ON UTIUTY EASEMENT U E FEMA FLOOD ZONE BNDY M R MAP RECORDS YARD REQUIREMENT Y R D R DEED RECORDS FIRE STRIPING MOORING LINERIOHTOF wav 9 ZONE "A13". (EL 9)69 AS PER PANEL 465494 0705 D r2.2„.,{ % REVISED 5<1999 _tel �� �aaainwrJ 2091E "2116 (EL 9') AS R PANEL 405464 0405 REVISED 9-121902 ,3O 29 i s OZ 2s n °h92ti °°'P '70 -7, Fv WIN MMUN AREA PaNv e_CCESS MEM B. p• NAT -'1 - 111111111 24' 47"E 290.39' GENERAL NOTES TOTAL PLATTED AREA CONTAINS 3 85 ACRES OF LAND INCLUDING PRIVATE STREET. 2. ALL BEARINGS ARE GRD BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD 1983). ELEVATIONS ARE BASED ON NGV029. 3. A 5/8" DIAMETER BY 18" LONG IRON ROD VNTH RED PLASTIC CAP STAMPED"NAISMITH ENG. C C., TX." VNLL BE SET AT ALL PLAT CORNERS, BLOCK CORNERS, LOT CORNERS, POINTS OF CURVATURE, AND POINTS OF TANGENCY, UNLESS OTHERVMSE NOTED. THIS SURVEYOR CANNOT CERTIFY AS TO UN -RECORDED EASEMENTS AND/OR RIGHT-OF.WAY THAT MAY MPACT THE SUBJECT PROPERTY AND ARE NOT VISIBLE AND APPARENT. CAUTION MUST BE TAKEN VNTH PIPELINE MARKERS INDICATING BURIED LINES NOT ON RECORD. m oa S71° LOT 16 Im PADRE ISLAND -CORPUS CHRISTI -SECTION C :LR VOLUME 34. PAGE 133 M. R.N. C. T. INCHES ABOVE THE LOWEST ADJACENT TOP OF CURB (OR CROWN OF ROAD IF UNCUR0EG), WHICHEVER IS HIGHER. RECEIVING WATERS THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IST E LAGUNA MADRE. THE TME° HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE LAGUNA MADRE AS "EXCEPTIONAL" AND "OYSTER WATERS". THE TME° HAS ALSO CATEGORIZED T E LAGUNA MADRE RECEIVING WATER AS "CONTACT RECREATION" USE. FEMA INFORMATION. PLOTTING THE PROPERTY BY SCALE ON EFFECTIVE FLOOD INSURANCE RATE MAP COMM UNITY -PANEL NO. 485484 04050 MAP REVISED SEPTEMBER 17, 1992, INDICATES THE PROPERTY IS LOCATED IN FLOOD ZONE 011 NNTH ELEVATION OF e') AND ON COMM UNITY -PANEL NO. 405494 07050, MAP REVISED MAY 4, 1992, INDICATES THE PROPER, IS LOCATED IN FLOOD ZONE Ata VNTH ELEVATION OF 99, DEFINED AS AREAS OF 100 -YEAR FLOOD BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS DETERMINED. THE YARD REQUIREMENTS ARE AS DEPICTED AND BASED ON THE PUO. 10. IMPROVEM ENTS N EWCON STRUCTIONI NASPECIAL FLOODHAZARDARE30000=INEDBYFEMA, MUST H"E00FL0 10.1. LOTS MINIM U ION (0= FLOOR ELEVATION FOR HABITABLE LIVING SPACE AT ORABOVE THE B0SE FLOOD 10.1.1.0. 0 NGLE-FAMILY- 53208(,)1-92100,3152" BLOCK IJ ELEVATION(BFEJ PER THE CURRENTAPPLICABLE FLOOOINSURANCE RATE MAP (FIRM), OR 18 10.1.1 B. COMMON AREA- BLOCK:1 41,434 SFJ 55 CO"s"P"f REA 3305E 4 VIII¢ ncE2 0 WIo Curve Table Curve # Length Radius Delta Chord Direction Ch tlL g 01 25.03 80.00 17.93 S56 28' 35'6 24.93 C2 39.04 76.34 29.30 N50"47.21"W 38.62 C3 130.00 245.02 30.40 551.20.20T 128.48 Cd 15.71 10.00 90.00 N21. 32'26"W 14.14 Cs 54.07 150.58 20.57 53.76 C6 150.39 667.77 12.90 150.07 C7 2.59 245.02 0.58 536"25'53"E 2.50 C8 28.06 245.02 6.57 S40' OM 23"E 28.06 C9 22.33 245.02 5.22 S45'5, 01"E 22.32 C10 22.79 245.02 5.33 851" 10' 32"E 22.78 C11 12.10 245.02 2.83 555"15'15"E 12.09 C12 27.20 245.02 6.36 559' 50.55T 27.19 C13 15.01 2.13.2.1 3.54 566'47'24"E 15.01 C14 16.61 150.58 6.32 C15 22.24 150.58 8.46 N12. 40.06,V 22.22 C16 15.22 150.58 5.79 N19. 47' 45"W 15.22 C17 0,56 667.77 0,05 N20" 4.1' 27'AV 0.56 C12 149.83 667.77 12.86 149.52 C19 21.99 14.00 90.00 N8" 51.41"E 19.80 C20 13.80 26.00 30.40 N51. 20'23"W 13.63 C21 4.12 10.00 23.58 378' 19. 4, 4.09 17.21 20.00 49.30 16.68 C23 4.25 26.00 9.36 566. 441 ONE 4.24 C24 18.74 26.00 41.29 541.24'3TE 18.34 C25 67.73 52.00 76.62 516" 32' 5811/6 63.04 C26 31.42 20.00 90.00 S81 08'19'6 28.28 C27 27.12 56.90 27.74 550" OP 39"E 26.85 C28 254 56.60 2.60 565"10.55"E 254 C29 0,06 56.00 0.06 566`30.39T 0.06 22.28 28.00 45.58 21.69 C31 22.28 28.00 45.58 N89. 19.59,V 21.69 032 5.22 28.00 10.67 561" 12' 16"E 5.21 C33 17.16 28.00 35.11 16.89 C34 28.71 28.00 58.74 27.47 C35 7.76 28.00 15.88 N45. 55' 15"E 7.74 1011BA. BLOCK 1, LOT 54- PRIVATE STREET SHALL BE USED AS ACCESS AND UTILTY EASEMENT AND MAINTAINED BY HOME OWNERS ASSOCIATION. 10.1.1E COMMERCIAL 1 (LOT I, BLOCK 2, NOT OWNED BY HOME OWNERS ASSOCIATION) 11. ALL ROADS, SANITARY SEWER LINES, AND COMMON AREAS VMTHIN PRIVATE EASEMENTS WILL BE PRIVATE AND ARE TO BE MA NTAINED BY THE HOMEOWNERS ASSOCIATION. THE CITY HAS NO OBLIGATION OR INTENTION TO EVER ACCEPT SUCH STREETS AS PUBLIC RIGHT -OF -WAV. 12. THE HOME OWNERS ASSOCIATION AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS ANY GOVERNMENTAL ENTITY FOR DAMAGE TO'. A. PRIVATE STREETS REASONABLY USED BY GOVERNMENT VEHICLES B. INJURES OR DAMAGES TO OTHER PERSONS PROPERTIES OR VEHICLES CLAIMED AS A RESULT OF STREET DESIGN OR CONSTRUCTION 12. REPLACEMENT COSTS OF THE PRIVATE SIDEWALK AND OTHER AMENITIES VMTHIN A PUBLIC UTILITY EASEMENT SHALL BE THE RESPONSIBILITY OF THE HOME OWNER'S ASSOCIATION. 13. THE ARUBA PUD ORDINANCE NUMBER IS XXXX-XX. 14. VEHICULAR ACCESS SHALL BE PROHIBITED ONTO LOTS 1325 AND 55, BLOCK 1 FROM LEEWARD OR. AND LOTS 25-38, BLOCK 1 FROM ARUBA OR. Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen Ia intencion de asistir a este junta v que requieren servicios especiales, se les surplice que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante Ia junta y su irides es limitado, favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0617-06 Aruba Bay Resort, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "CR -1110" Resort Commercial District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Padre Island -Corpus Christi, Section C, Lots 17 thru 20 and Padre Island -Corpus Christi, Section E, Block 1, Lots 1 and 2, located along the west side of Leeward Drive at the intersection with Aruba Drive, and north of Windward Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 12, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: i r- /1 -� Address: ice/ r le Quite'/ iv (Z 17" /0 / City/State: C�� Qr�� �� /! 041N FAVOR ( ) IN OPPOSITION Phone: Z,Ligj xn ?-656, REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1017 Property Owner ID: 13 2:? Signature 193/x.017 Case No. 0617-06 Project Manager Andrew Dimas Email: AndrewD2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 13 054600010101 HICKS RICHARD A 15110 Leeward Dr Apt 101 Corpus Christi, TX 78418 LIS. POSTAGE >i PITNEY BOWES ! -- .=0,X111 ZIP 784 $ 000.46° 02 4vr 0000340617 JUN 30 2017 CR -2 SUBJECT PROPERTY CASE: 0617-06 SUBJECT PROPERTY WITH ZONING ® fr mpeProperty 4.1 ..a.11.Ie I 4.r •.f welt 1 4.1 ■ 1.1411, l OY MSII•.m DON. 4.41 ■forum• 11 C11.1 .I p.I11 DIDO Cf0.4,4; 01.1 III•.IMMII Df0.414t p.1 0.N4 C.nn.h.l 00.1 Dawn Darman•! W1 001111C0114IN$ D33 en.r11 Doom. rya Ca •Y.s1..C.nn. rural DSO 00.411.. 0I..*nrs p.1 ..Nrt7.1.4nm n ,.4I.r11 • 41.1w• O 1 111.1.1.**. 0. me,4I1 0037 .ram... {Mt pre Owrn1 O 11D I.yw.r.y Il RBA I.Iwr .l,l O 143 114w04l1 41 O 0.11 I.a.famq O 111 Ia;.1., It O 1 44.21141II.4. 11114 ro.ee0110 10 Wool 0.r.l M M 44 000rad V14.14 7030 403 •Ir1w/YID .f.. [LOCATION MAP' gOi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidadest gue tienen la intencion de asistir a esta junta v true requieren servicios especiales, se les suplica oue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la junta v su hales es limitado, favor de Ilamar al departamento de servicios de desarrollo al nOmero (361) 826-3240 al menos 48 horas antes de la junta oara solicitar un interorete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0617-06 Aruba Bay Resort, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "CR -1110" Resort Commercial District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Padre Island -Corpus Christi, Section C, Lots 17 thru 20 and Padre Island -Corpus Christi, Section E, Block 1, Lots 1 and 2, located along the west side of Leeward Drive at the intersection with Aruba Drive, and north of Windward Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 12, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: /?/ S ir Address: /57(0 LAC, Pax/4 \ /0 / CitylState: ar.ts' ar 5r (vN FAVOR ( ) IN OPPOSITION Phone: � S `7� 7'�! Z. L CP REASON: .) Id r'LZ I` Aci vie r„ r/r/�i re=5— f Om y& Vai,4 2 rrt- (` , SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1017 Property Owner ID: 33 Signature 7/D3 ad(7 Case No. 0617-06 Project Manager: Andrew Dimas Email: AndrewD2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 33 054600010101 HICKS RICHARD A 15110 Leeward Dr Apt 101 Corpus Christi, TX 78418 U S. POSTAGE )>PITNEY BOWES ZIP 78412 $ 000.460 02 411 0000340617 JUN 30 2017 CR.2 ro SUBJECT PROPERTY CASE: 0617-06 SUBJECT PROPERTY WITH ZONING 17711 54e1/C' Prrp&y d 1 141 4 0Y 4.4 11 C.•1 40.4 22 .1 0.•i ma CO 2 44 17/0 ns 7.r 1. 2.1.401, t 1.•144014040 1 . *41440.141 1.4214210.0 0211. ■.1.4014 •1 7421.47..1 C•.44T4u ..211.4.... 0.441•2114 b.Nn ▪ n C.ah.r..1 04•2142C2.4.1,111422 117..•. CaO.•rr. 0.41(018,0.4.7.4. 0011201 80.04410 141211 C...1M 40.1. 140.1 O 110420.40.1 1.1...2..8 a. u 11111161410 • ••m .1211.1401. . YC 70.../ 401 Do ?v.* 111.•0 11442.40..4 11 1114 1044.1...!• ■ .144 221101/1.2.4 7.1 . 14. 1.. fa.0 • 2• 400t140y '1 10 44..12N2 J.IO. 111.111 101'010111 14 47.10 141.1 M 407.11801721 MCI* PIP 4211 2x.11.11.7.1111• LOCMiON 11,1.4P' IW Ciryol Zoning Case #0617-06 Aruba Bay Resort, LLC. From: "CR -1" Resort Commercial District To: "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay City Council Presentation August 8, 2017 Aerial Overview Subject Property at 15057 Aruba Drive N At PUD Layout GOOPEI 600110.,44,0 \ LME �i y UNOMV S ME NEM)BIi k IOi \\ �( Q CdMpIMWtOT Q. O' Q CObfoC1K l01 % S�®,..__ �P7(1Z PU011101M_ RY 4 PUD Layout Master Site Plan N36° 08' 19°W 46.82' ,,.- MARUBA DRIVE f 60' R!GHT-nF -WA V N66° 3T 26°W r.rt SM.- . 1 ASPER NMI 46. OHM. ROMA MVP T5� a ti 6 Utility Plan No No Yes Yes Yes Yes No Yes Yes No Yes Minimum Lot Width Front Yard 5,000 sf. 50 ft. 20 ft. Front Yard (Corner) Deviation Table Minimum Dimensions "RM -AT" District Standards "RS-TH" District Standards Proposed PUD Deviation Lot Area Side Yard 10 ft. 5 ft. Rear Yard Open Space Paved Street Width Curb Type Parking Requirement Sidewalks 5 ft. 25% 28 ft. 6 -in. curb & gutter 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:250 sf. 5 ft. on both sides or 6 ft. on both sides of private streets 1,600 sf. 16 ft. 10 ft. 1,490 sf. 22 ft. 7 ft. 10 ft. 4 ft. Oft. 5 ft. 30% 28 ft. 6 -in. curb & gutter 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:250 sf 5 ft. on both sides or 6 ft. on both sides of private streets Oft. 5 ft. 30% 24 ft. 1 ft. ribbon curb 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:355 sf. 6 ft. sidewalk on one side of the private street 8 Zoning Pattern Staff Recommendation Approval of the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 8, 2017 Second Reading for the City Council Meeting of August 15, 2017 DATE: July 14, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Public Hearing and First Reading Property located at 3701 Airline Road CAPTION: Case No. 0617-02 Margaret A. Markins and Linda Kay Cox: A change of zoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District. The property is described as being Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, located along the west side of Airline Road, north of Lipes Boulevard, and south of Saratoga Boulevard. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of a small retail center approximately 10,000 square feet in size. RECOMMENDATION: Planning Commission and Staff Recommendation (June 28, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District. Vote Results: For: 7 Against: 0 Absent: 2 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District to allow for the construction of a small retail center approximately 10,000 square feet in size. The proposed rezoning to the "CN -1" Neighborhood Commercial District is inconsistent with the adopted Future Land Use Map. However, the proposed rezoning is consistent with PIanCC, the Southside Area Development Plan, and past rezoning decisions. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is inconsistent with the adopted Future Land Use Map. However, is consistent with PIanCC, the Southside Area Development Plan, and past rezoning decisions. 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 Margaret A. Markins and Linda Kay Cox ("Owner"), by changing the UDC Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Margaret A. Markins and Linda Kay Cox. ("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, a public hearing was held on Wednesday, June 28, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District, and on Tuesday, August 8, 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 Margaret A. Markins and Linda Kay Cox ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, located along the west side of Airline Road, north of Lipes Boulevard, and south of Saratoga Boulevard (the "Property"), from "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District (Zoning Map No. 042031), as shown in Exhibit "A". 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. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-02 Margaret A. Markins and Linda Kay Cox\Council Documents\Ordinance_0617-02_Margaret A. Markins and Linda Kay Cox.docx Page 2 of 3 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 Debbie Lindsey -Opel 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 Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-02 Margaret A. Markins and Linda Kay Cox\Council Documents\Ordinance_0617-02_Margaret A. Markins and Linda Kay Cox.docx Page 3 of 3 r t " ,V4r4,:f WALL ST 14P4fir* 4147 UBJECT 441 FRS-604ff It#4744747 PROPERTY Y� a FR 800 Feet CG -2 0 Date Created: 6/7/2017 Prepared By: JeremyM Department of Development Services CASE: 0617-02 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General m General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home SUBJECT PROPERTY LOCATION MAP • YOR�TO`y N.6,,4` Oso Cayo Del Oso WIN City of Corpus Christi or/ Exhibit A PLANNING COMMISSION FINAL REPORT Case No. 0617-02 INFOR No. 17ZN1020 Planning Commission Hearing Date: June 28, 2017 Applicant & Legal Description Owner: Margaret A. Markins and Linda Kay Cox Applicant/Representative: Elaine Hoffman Location Address: 3701 Airline Road Legal Description: Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, located along the west side of Airline Road, north of Lipes Boulevard, and south of Saratoga Boulevard. Zoning Request From: "FR" Farm Rural District To: "CN -1" Neighborhood Commercial District Area: 3.91 acres Purpose of Request: To allow for the construction of a small retail center approximately 10,000 square feet in size. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "FR" Farm Rural Vacant Medium Density Residential North "RS -6" Single -Family 6 and "CN -1" Neighborhood Commercial Low Density Residential and Vacant Medium Density Residential South "FR" Farm Rural,Medium "RM -2" Multifamily 2 and a Drainage Ditch Vacant, and High Density Residential DensityDrainage, Residential and Mixed Use Eastand "CG -2" General Commercial "FR" Farm Rural Low Density Residential and Vacant High Density Residential West "RS -6" Single -Family 6 Low Density Residential and Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is inconsistent with the adopted Future Land Use Map which calls for medium density residential. Map No.: 042031 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 930 feet of street frontage along Airline Road which is designated as an "Al" Minor Arterial Undivided Street. § 1- •O L Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Airline Road "Al" Minor Arterial 95' ROW 64' paved 90' ROW 70' paved 3,301 ADT (2013) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District to allow for the construction of a small retail center. Development Plan: The subject property is comprised of 3.91 acres and is proposed to be a small retail shopping center approximately 10,000 square feet in size. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural and is vacant land. To the west are single-family residences (Manhattan Estates Subdivision) zoned "RS -6" Single -Family 6 District. Manhattan Estates was zoned to the "RS -6" Single -Family 6 District is 2005 and the homes that share a property line with the subject property were constructed between 2007 and 2010. To the north, rezoning cases occurred to the "CN -1" Neighborhood Commercial District and the "RM -3" Multifamily District in 2005 for the construction of an apartment complex and shopping center. The apartment complex was constructed and is currently operating. However, the adjacent proposed shopping center has yet to be constructed and the 3.38 acre property remains vacant. To the south across Lipes Boulevard a property was rezoned to "RM -2" Multifamily 2 District in 2012 for the construction of an apartment complex. To the south a rezoning occurred to the "CG -2" General Commercial District in 2015. The apartment complex is in the process of completion. To the east a rezoning occurred in 2015 to the "CG -2" General Commercial District. The proposed use was a large retail center which has not yet been developed. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial is inconsistent with the Future Land Staff Report Page 3 Use Map. However, the proposed rezoning is consistent with the following policies of the Southside ADP and PIanCC: • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Support planning to explore the idea of creating urban and neighborhood villages at major intersections as identified by the mixed-use category in the Future Land Use Map (Future Land Use, Zoning, and Urban Design Policy Statement 2). • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Support the separation of high-volume traffic from residential areas or other noise -sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The "B-1" Neighborhood Commercial and other commercial zoning regulations, in concert with the Comprehensive Plan policies, should be reviewed and revised as necessary to control the size and use of commercial centers so they remain in scale with their surrounding uses and highway carrying capacity (Policy Statement B.4). Department Comments: • The proposed rezoning is incompatible with the Future Land Use Map. However, the proposed rezoning is compatible with PIanCC and the Southside Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The property is currently vacant and is a remaining "FR" Farm Rural tract and has never been developed. • Surrounding properties have been rezoned within the past twelve years indicating a pattern towards commercial development. The pattern is in line with a PIanCC policy statement of creating urban villages. • While Medium Density Residential uses are indicated on the Future Land Use Map, the size, shape, and limited access to a residential street are not conducive to a single-family development. A proposed small single-family development would only have access to Airline Road which is designated as an "Al" Arterial Street. • If the "CN -1" Neighborhood Commercial District is approved, the retail development will still need to abide all requirements of the Unified Development Code (UDC). Specific requirements would entail buffer yards and additional setbacks. Additionally, the "CN -1" District does not allow bars, pubs, taverns, or nightclubs. Staff Report Page 4 Planning Commission and Staff Recommendation (June 28, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District. Vote Results: For: 8 Opposed: 0 Absent: 0 Abstained: 1 Public Notification Number of Notices Mailed — 37 within 200 -foot notification area 4 outside notification area As of June 23, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 1.22% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-02 Margaret A. Markins and Linda Kay Cox\Council Documents\CC Report_0617- 02_Margaret A. Markins and Linda Kay Cox.docx r t " ,V4r4,:f WALL ST 14P4fir* 4147 UBJECT 441 FRS-604ff It#4744747 PROPERTY Y� a FR 800 Feet CG -2 0 Date Created: 6/7/2017 Prepared By: JeremyM Department of Development Services CASE: 0617-02 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General m General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home SUBJECT PROPERTY LOCATION MAP • YOR�TO`y N.6,,4` Oso Cayo Del Oso WIN City of Corpus Christi or/ Exhibit A Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, cue tienen la intencion de asistir a este junta v que requieren servicios especiales, se les suplica Que den aviso 48 horas antes de la junta Hernando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la junta v su irides es limitedo, favor de Hamar al departamento de servicios de desarrollo al nUmero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0617-02 Margaret A. Markins and Linda Kay Cox have petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, located along the west side of Airline Road, north of Lipes Boulevard, and south of Saratoga Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 28, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person, by telephone call or by letter. Printed Name: jeLi, Address: 3 7 e5) `2.. jA4J 1) City/State:c ( ) IN FAVOR (gIN OPPOSITION Phone: REASON: r p� t e�r-�, � -�a S� 1 e. ae--,142--10 pMe-f4 sa if- w u 9e7 OOf- pP b u5,.-. -S5 a Cr?2-cA-e- b Lakt SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1020 Property Owner ID: 33 Case No. 0617-02 Project Manager. Andrew Dimas Email: AndrewD2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 33 474900030260 SHAFFER JOHN C AND WFE VICTORIA L SHAFFER 3702 BERKLEY DR Corpus Christi, TX 78414 HALL sr } 1 U.S. POSTAGE >> PITNEY BOWES ZIP 78412 $ 000.46° 02 411 0000340617 JUN 16 2017 cri • Cn Prepared ay w rr.ry.1 ennorm of Orm!opm•nr Services CASE: 0617-02 SUBJECT PROPERTY WITH ZONING Subject Property Ria -1 Multifamily 1 RM r Mumumny 2 RN a LWRH1mlly i O R Professions. {Mlle• RN AT MLLltnam ly AT CN i. Ile IBhOorhood Commercial CN•2 Nelelhtrarlwod Commercial CR Retort Commercial CR -T Resort Commertlel CG -1 General Cemmemlel CO 2 General Commercial O Intensive Cammerc. CIO Oaf ntpwn Commeralel CR.] ResorI Commercial FR I arm leure1 N Na,dnc Overlay IP Business Pare R. LIIMIndusOla. M Meavy lnduerrlm PVD Planned Von Gov. Overlay RS 10 Slple,ranrrry 10 R54 Single -Fore N RS -11 S Stogie FamRy t E RS TF Too•Famlly RS 11 L1ngle.Famlly 11 RE Rnrdertus Elders RS -TN Rosenbaum. SP Special Period Ru Recreational Vehicle Par% RN!. ebwiaclured Nome • • 0 eat SUBJECT. PROPERTY LOCATION MAP CILyor Corpus Christi Zoning Case #0617-02 Margaret A. Markins and Linda Kay Cox From: "FR" Farm Rural District To: "CN -1" Neighborhood Commercial District City Council Presentation August 8, 2017 Aerial Overview N A Subject Property at 3701 Airline Road Zoning Pattern UDC Requirements Buffer Yards: "CN -1" to "RS -6" Type B: 10110 pts. Noise: 7' Wall Setbacks: Street: 20 feet Side: 0 feet Rear: 2:1 Setback (height) Parking: 1:250 Sf. Net floor area Uses Allowed: Retail, Offices, Apartments *Bars/Nightclubs Not Allowed Staff Recommendation Approval of the "CN -1" Neighborhood Commercial District AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 8, 2017 Second Reading for the City Council Meeting of August 15, 2017 DATE: July 18, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3268 Unified Development Code Text Amendments CAPTION: Ordinance amending the Unified Development Code by revising Table 4.4.3.A "Residential Development (Two -Family and Townhouse districts)", subsection 5.2.14 "Self -Service Storage, Including Boat and RV Storage" and subsection 7.3.12.E "Tree of Palm Requirement"; and providing for severance, penalties, and publication. PURPOSE: The purpose of this item is to update the regulations of the Unified Development Code (UDC) to improve its function and implementation. BACKGROUND AND FINDINGS: The Unified Development Code (UDC) became effective July 1, 2011. As part of the UDC's continued improvement to address the city's development needs, staff has presented several text amendments that have been approved by the Planning Commission and City Council since the adoption of the UDC. Today, staff is proposing the following three text amendments: TOWNHOUSE LOT DESIGN STANDARDS Table 4.4.3 "Residential Development (Two -Family and Townhouse districts)" is being amended by adding the word `lot' to clarify that the minimum square footage and width applies to the square footage and width of the lot not the building. USE REGULATIONS 5.2.14.D "Self -Service Storage, Including Boat and RV Storage" is being amended to eliminate the building height limitation (currently set at 15 feet) in the Resort Commercial zoning districts to allow a taller building that can accommodate larger boats or recreational vehicles. The proposed amendment will also limit the height of lighting to 20 feet similar to the former Zoning Ordinance. The UDC has three Resort Commercial zoning districts: "CR -1" = formerly known as "B-2" Bayfront Business District "CR -2" = formerly known as the "B -2A" Barrier Island Business District "CR -3" = formerly known as the "BD" Corpus Christi Beach Design District The former Zoning Ordinance did not limit the height of boat and RV storage buildings, however, the former ordinance limited the height of any lighting to 20 feet in only in the "B -2A" Barrier Island Business District. The proposed amendment would reinstate the former Zoning Ordinance regulations with regards to limiting the height of lighting and not restricting the height of the building. LANDSCAPING 7.3.12.E "Tree of Palm Requirements" is being amended to correct a typo. "Of" should be "or" — (i.e. Tree or Palm Requirements) ALTERNATIVES: Denial or alteration of the proposed text amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed text amendments conform to City policy. 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 RECOMMENDATION: Staff recommends approval of the amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Unified Development Code by revising Table 4.4.3.A "Residential Development (Two -Family and Townhouse districts)", subsection 5.2.14 "Self -Service Storage, Including Boat and RV Storage" and subsection 7.3.12.E "Tree of Palm Requirement"; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 12, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the proposed UDC amendments, and on Tuesday, August 8, 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 to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. UDC Article 4 "Base Zoning Districts", Table 4.4.3.A "Residential Development (Two -Family and Townhouse districts)" is amended is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below. Table 4.4.3.A Residential Development (Two -Family and Townhouse districts) Townhouse DISTRICT Townhouse Min. Site Area (sq. ft.) Min. Lot Area Per Dwelling Unit (sq. ft.) Front Access 20,000 2,600 Rear Access 2,200 Shared Parking 1,600 Min. Dwelling Unit Lot Width (ft) Front Access 26 Rear Access 22 Shared Parking 16 Min. Yards (ft.) Street Street (corner) 10 10 Side (single) Side (total) 0 0 Rear 5 Min. Building Separation (ft.) 10 Min. Open Space 30% Max. Height (ft.) 45 SECTION 2. UDC Article 5 "Use Regulations", subsection 5.2.14 "Self -Service Storage Including Boat and RV Storage" is amended as stated below. 5.2.14. Self -Service Storage, Including Boat and RV Storage A self-service storage establishment, including boat and Recreational Vehicle Park storage, shall be permitted in accordance with the use tables in Article 4 subject to the following standards: D. In the "CR" Resort Commercial zoning districts, wall -mounted or freestanding lights a storage building shall not exceed 4-5-20 feet in height. SECTION 3. UDC Article 7 "General Development Standards", Section 7.3 "Landscaping," subsection 7.3.12.E is amended as stated below. 7.3.12. Measured Compliance E. Tree of or Palm Requirement A minimum of 50% of all required points shall be achieved through tree or palm plantings. SECTION 4. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 6. 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. Page 2 of 3 K:\DevelopmentSvcs\SHARED\Legistar\2017 CC Agenda Items\8-8-2017\UDC Amendments\Ordinance_UDC Amendments 8-8- 2017.docx 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 Debbie Lindsey -Opel 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 Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 3 K:\DevelopmentSvcs\SHARED\Legistar\2017 CC Agenda Items\8-8-2017\UDC Amendments\Ordinance_UDC Amendments 8-8- 2017.docx Unified Development Code Text Amendments City Council Presentation August 8, 2017 Townhouse Standards Townhouse DISTRICT Townhouse Min. Site Area (sq. ft.) Min. Lot Area Per Dwelling Unit (sq. ft.) Front Access 20,000 2,600 RearAccess 2,200 Shared Parking 1,600 Min. Dwelling Unit Lot Width f tti Front Access 26 RearAccess 22 Shared Parking 16 Min. Yards (ft.) Street Street (corner) 10 10 Side (single) Side (total) 0 0 Rear 5 Min. Building Separation (ft.) 10 Min. Open Space 30% Max. Height (ft.) 45 2 Boat/RV Storage Building Height 5.2.14 Self -Service Storage, Including Boat and RV Storage A self-service storage establishment, including boat and Recreational Vehicle Pafk storage, shall be permitted in accordance with the use tables in Article 4 subject to the following standards: D. In the "CR" Resort Commercial zoning districts, wall - mounted or freestanding lights a storage building shall not exceed 4-5 20 feet in height. Sample Impacted Project 15'-0" 21' 0" rr�r�����r�r��rrrrrrrrrrrrrrrrrrrrrr 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1`-_ I T I T I T I T I T I T --.rr ---- ERposed Ret17S — LT}P 2I{ Trial Typ.; -- -• -_ •- rrrrrrrr — — — ti l ti 1 1 1 1 ❑ 1 1 — I I 1 1 ❑ I I — Landscaping 7.3.12.E Tree of or Palm Requirement A minimum of 50% of all required points shall be achieved through tree or palm plantings. Recommendations Planning Commission and Staff recommend approval of the proposed amendments to the Unified Development Code. AGENDA MEMORANDUM First Reading Item for the City Council Meeting of August 8, 2017 Second Reading Item for the City Council Meeting of August 15, 2017 DATE: July 12, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Authorization of a Lease Agreement for the 2017 Arts Alive! Event CAPTION: Ordinance authorizing the City Manager or designee to execute an agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of area generally bounded by current and former N. Shoreline Blvd., between Coopers Alley and Williams Street, for the Arts Alive! Event and related activities on September 2-3 2017; September 1-2 2018; and August 31 -September 1 2019. PURPOSE: To approve date, location, and consideration for the Arts Alive! and related activities September 2nd and 3rd, 2017; September 1-2 2018; and August 31 -September 1 2019. BACKGROUND AND FINDINGS: The second annual Arts Alive! Event is set to take place on September 2nd and 3rd, 2017 with a weekend of curated artistic experiences featuring interactive art, live demonstrations, and a hands-on art action. Visitors are invited to participate in various art forms, such as printmaking, woodturning, metal casting, painting and pottery. The scheduled event includes food trucks, live music, unique art demonstrations, community art projects, kid's activities and much more. The event will also feature works by artists from across the nation on display for sale. This event is funded in part by a grant made available through the City of Corpus Christi's Hotel Occupancy Tax (HOT) revenue. ALTERNATIVES: Do not approve event agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements in conjunction with public events. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 0 0 Encumbered/ Expended Amount This item 0 0 BALANCE 0 0 Fund(s): General Comments: None RECOMMENDATION: Staff recommends approval of this agreemen.t LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with Exhibits Ordinance authorizing the City Manager or designee to execute an agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of area generally bounded by current and former N. Shoreline Blvd., between Coopers Alley and Williams Street, for the Arts Alive! Event and related activities on September 2-3 2017; September 1-2 2018; and August 31 -September 1 2019. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of City property generally bounded by current N. Shoreline Blvd. and former N. Shoreline Blvd. between Coopers Alley and Williams Street for the Arts Alive! Event and related activities for September 2-3, 2017; September 1-2, 2018; and on August 31 - September 1, 2019. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel 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 Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 15 LEASE AGREEMENT FOR ARTS ALIVE! State of Texas § Know All By These Presents: County of Nueces § This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly designated City Manager, and the Arts Community Center of Corpus Christi, Inc. ("ACC"), a Texas non-profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. City - means the City of Corpus Christi, a Texas home -rule municipality. B. City Attorney - means the City of Corpus Christi's City Attorney or designee. C. City Council — means the City Council of the City of Corpus Christi, Texas. D. City Manager - means the City of Corpus Christi's City Manager, or the City Manager's designee. E. City Secretary — means the City of Corpus Christi's City Secretary, or designee. F. ACC — means the Arts Community Center of Corpus Christi, Inc., a Texas non-profit corporation. G. ACC's Agent - means a duly authorized representative of the ACC. H. Corpus Christi - Nueces County Health District — means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. I. Event - means the Arts Alive! events and related activities sponsored by the ACC. The Event dates are described in Exhibit B. J. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. K. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. L. Parks Director - means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. M. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or designee. N. Premises-- means the fenced area generally bounded by current N. Shoreline Blvd., former N. Shoreline Blvd., Coopers Alley and Williams Street, as shown in Exhibit A. Page 2 of 15 O. Risk Manager - means the Director of the City of Corpus Christi's Risk Management Division, or designee. P. Solid Waste Director — means the Director of the City of Corpus Christi's Solid Waste Operations Department. Q. Street Director — means the Director of the City of Corpus Christi's Street Operations. 2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The ACC will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. PREMISES AND PERMITTED USES. City grants to the ACC the privilege of using the area of the fenced area generally bounded by current N. Shoreline Blvd., former N. Shoreline Blvd., Coopers Alley and Williams Street, as shown in Exhibit A, for the Arts Alive! Event. 4. PREMISES REVISIONS. Construction along Shoreline or other unforeseen circumstances may impact and change the Premises (Exhibit A) and other parts of this lease. If Exhibit A is revised, new Exhibit A will be executed by the City Manager and ACC Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit A. New Exhibit A becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM.The ACC's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. PLANNING MEETINGS. Prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with ACC representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, the Premises will be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether Exhibit A needs to be revised by the Parks Director and ACC. If revised, new ExhibitA will follow process in §4 PREMISES REVISIONS. ACC's Agent may request additional meetings. 7. ADMISSION FEE. ACC may charge an admission fee. Special Events connected with ACC may charge another fee to help defray the cost of entertainment. 8. ACC'S FINANCIAL OBLIGATIONS. A. Permit Fees. The ACC must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-time Parks and Recreation Large Special Event Permit fee of $400.00, Health PermitNendor Fees, Development Services Permit Fees. B. Costs of City Services. The parties are not anticipating that City services will be provided for the Event. However, should any City services be utilized for the Event, then the Parks Director will invoice the ACC for costs of all such City services, including but not limited to, services provided for the Event by City Utilities Department, City Solid Waste Operations Department, City Parks and Recreation Department, and City Police Department, and City Fire Department within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the Page 3 of 15 ACC's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. ACC's failure to pay the undisputed charges on City's invoice within 30 days after submittal to ACC shall result in a late payment fee being assessed against ACC. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. C. Deposit. The ACC must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pickup, removal of any structures, or repairs and damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the ACC within 30 days after the Event. D. Reimbursement for Damages to City Property. During the course of the Event, damages may occur to City Property. This includes, but is not limited to, damages to the turf, landscaping, utility infrastructure, water and/irrigation lines and related equipment caused by acts or omissions of the ACC, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the ACC an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the ACC for any additional cost of repair. 1. Repairs to Premises. Parks Director will provide the ACC's Agent a Punchlist of damages to the City Property authorized for the Event, as defined in §3 PREMISES AND PERMITTED USES, within seven (7) days after the ACC has vacated the property, following the conclusion of the Event. ACC will have the opportunity to restore all items on the Punchlist to original condition within ten (10) days after receipt of the Punchlist. For any turf or sod damage, the ACC must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the ACC fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the ACC for any additional costs. Damages to City property will be billed at the City's cost of repair. 2. Repairs to other City Property. Within 30 days after the conclusion of the Event, the City will provide the ACC's Agent an itemized invoice for cost of repairs and damages, if any, on any other City property for the Event. If Deposit is not utilized for repairs to the Premises, any balance will be applied to the itemized invoice amount for the Event. ACC will pay City's invoice for damages, within 30 days after City tenders the invoice to ACC's Agent, less any amount(s) the ACC has disputed. 9. GENERAL PERMITS. ACC shall obtain necessary permits from City Departments, as outlined below. A. Special Event Permit. ACC will obtain a Special Event Permits from the Parks & Recreation Department for use of Park property and to authorize water services on Park property, as specified in the City Code of Ordinances. As part of the Special Event permit, a street closure process will govern any necessary street closures. ACC must provide the Street Director and Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure, in accordance with City Code of Ordinances. All temporary street closures on a temporary basis are subject to the requirements of City Code of Ordinances. Page 4 of 15 B. Temporary Promotional Event Permit ACC will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. it is the responsibility of the ACC to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. ACC may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. C. Vendor Permit. ACC must ensure all mobile food units and temporary food service establishments comply with all applicable City ordinances and also requirements of the Corpus Christi-Nueces County Health District for the sale of foods and the protection of the public welfare. ACC shall be responsible for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) D. Alcohol Vendors. ACC must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage ACC for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. ACC shall be responsible for payment of all City Health Permit Nendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §16 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. E. Fireworks Permit. If Fireworks are being hosted, ACC must obtain Fireworks Permit from the Fire Department. Any requested use of City property for fireworks launch must be approved separately by written agreement of the City Manager, with concurrence from the third party operator of the City facility, the City director overseeing the City property, and also compliance with additional insurance requirements imposed by the City Risk Manager. F. Water Events. For any water events. ACC must obtain necessary permits from the United States Coast Guard. G. Additional Permits. ACC's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. H. Music and Movie Licenses. ACC is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music and display of movies at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A. Barricades, Traffic Signs. The ACC must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. ACC shall contract with a third party company to implement traffic control plan provided by the City Traffic Engineering Department. Event setup will not begin without the protection of traffic control devices. Page 5 of 15 B. Parking. The ACC will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities C. Signage and Advertising. ACC's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre -approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. D. Rest Rooms, Drinking Water and First Aid. The ACC must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station must also be provided at each site throughout the duration of the Event and its related activities. E. Fence. ACC may provide a temporary six-foot (6') chain Zink fence around Event areas, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with the ACC's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. Storm Water System Protection. ACC must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. ACC must remove the screens within the non-exclusive use period after the close of the Event. However, ACC must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities. G. Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if ACC provides the Parks Director prior written assurances that ACC will remedy said damages in accordance with §8 ACCS FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H. Temporary Buildings. ACC must receive prior written approval from the Parks Director to place any Temporary Buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. I. Pavement. Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Capital Programs, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). Page 6 of 15 11. CLEAN UP. ACC is responsible for trash pickup at the Event. ACC must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. ACC may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the ACC and taken to a location designated by the ACC. ACC may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give ACC's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers for reimbursement by ACC shall be pay. 12. RIGHT OF ACC TO USE PUBLIC STREETS. ACC acknowledges that the control and use of Public Streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council and the compliance by ACC with the terms and conditions contained within this Lease Agreement. 13. EMERGENCY VEHICLE LANES. ACC must at all times maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 14. SECURITY. ACC is responsible to determine whether to provide security officers during the Event, and after the Event closes each night. ACC will assign the security officers duties. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off-site crowd and traffic control for the Event as needed and include costs of police officers in the costs, §8 ACC FINANCIAL OBLIGATIONS, above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 15. SAFETY HAZARDS. The ACC, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. 16. INSURANCE. ACC agrees to comply with attached insurance Exhibit C. In addition, ACC's Agent must furnish to the Risk Manager, Commercial General Liability Insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 per occurrence for personal injury, death and property damage. ACC is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. ACC must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the ACC's Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 per occurrence must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. ACC must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period each year. Page 7 of 15 ACC must require all volunteers to sign an accident waiver form that ACC must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, ACC must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, ACC must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non -renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to ACC. 17. INDEMNITY. ACC shall indemnify and hold City, its officers, agents and employees ("indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the indemnitees or on the part of ACC or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("Indemnitors") entering upon City property to set-up and take-down, hold, attend, or participate in the Arts Alive! event and associated activities, with the expressed or implied invitation or permission of ACC, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the indemnitors under this Agreement. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. ACC covenants and agrees that if City is made a party to any litigation against ACC or in any litigation commenced by any party, other than ACC relating to this ACC Lease Agreement, ACC shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. NOTICE. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3461 FAX (361) 880-3864 If to ACC: Art Community Center of Corpus Christi, Inc. Attn: Executive Director 101 N. Shoreline Blvd. Corpus Christi, TX 78401 (361) 884-6406 FAX (361) 884-8836 Page 8 of 15 19. ASSIGNMENT. ACC may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 20. BREACH, TERMINATION. Any failure on the part of ACC to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by ACC entitles City to terminate this Lease Agreement without notice or demand of any kind, notwithstanding any license issued by City and no forbearance by City of any prior breach by ACC is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by ACC and the sums inure to the benefit of City as a set-off against any debt or liability of ACC to City otherwise accrued by breach hereof. 21. NOT PARTNERSHIP OR JOINT VENTURE. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from ACC by the City are compensation for provision of City services as described herein and for the right of ACC to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The ACC recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 23. COMPLIANCE WITH LAWS. ACC must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at ACC's sole expense and cost. 24. NON-DISCRIMINATION. ACC warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 25. DISCLOSURE OF INTEREST. (Exhibit D) ACC agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 26. CERTIFICATE OF INTERESTED PARTIES. ACC agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties". These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or Page 9 of 15 c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https:l/www.ethics.state.tx.uslwhatsnew/elf info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 27. CONFLICT OF INTEREST. Contractors agree, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 28. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and ACC for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to ACC's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on , 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Approved as to form: By: Lisa Aguilar, Assistant City Attorney For the City Attorney Name: Title: Page 10 of 15 ART COMMUNITY CENTER OF CORPUS CHRISTI, INC. By: 0_,ALA,_.,1. A A 1 k Name: Manna 13I thili-Z Gke.rma4 Title: Mk -utast `17i rer Date: (C aU 1"S , 0`11 Page 11 of 15 EXHIBIT A Premises for Event to be inserted Exhibit 8 — Dates for Arts Alive! 2017 Arts Alive: Set -Up Dates for Event: August 31 & September 1, 2017 Thursday, August 31, 2017 8 am — 6pm Event Set up Friday, September 1, 2017 — Event Set up Dates for Event: September 2 & 3, 2017 Saturday, September 2, 2017 — 10am — 8pm Sunday, September 3, 2017 — 10am — 6pm Take Down Date for Event: September 4, 2017 Monday, September 4, 2017 — 8am — 1pm 2018 Arts Alive: Set -Up Dates for Event: August 30 & 31, 2018 Thursday, August 30, 2018 — 8am — 6pm — Event Set up Friday, August 31, 2018 — Event Set up Dates for Event: September 1 & 2, 2018 Saturday, September 1, 2018 — 10am — 8pm Sunday, September 2, 2018 — 10am — fipm Take Down Date for Event: September 3, 2017 Monday, September 3, 2018 — 8am — fpm 203.9 Arts Alive: Set -Up Dates for Event: August 29 & 30, 2019 Thursday, August 29, 2019 — 8am — 6pm — Event Set up Friday, August 30, 2019 — Event Set up Dates for Event: August 31 & September 1, 2019 Saturday, August 31, 2019 — l0am — 8pm Sunday, September 1, 2019 — 10am — 6pm Take Down Date for Event: September 2, 2019 Monday, September 2, 2019 — 8am — 1pm Page 12of15 EXHIBIT B 2017 EVENT Set -Up Dates for 2017 Event: Thursday, September _, 2017 8am - 6pm Event Set Up Friday, September , 2017 - Event Set -Up Dates for 2017 Event: September 2, 2017 -10 am - 6pm September 3, 2017 - 10 am - 4pm Take Down Date for 2017 Event: September , 2017 -- 8am to 1 pm 2018 EVENT Set -Up Dates for 2018 Event: Thursday, September , 2018 8am - 6pm Event Set Up Friday, September , 2018 - Event Set -Up Dates for 2018 Event: September 1, 2018 - 10 am - 6pm September 2, 2018 - 10 am - 4pm Take Down Date for 2018 Event: September , 2018 - 8am to 1 pm 2019 EVENT Set -Up Dates for 2019 Event: Thursday, August 30, 2019 8am - 6pm Event Set Up Friday, September , 2019 - Event Set -Up Dates for 2019 Event: August 31, 2019 - 10 am - 6pm September 1, 2019 - 10 am - 4pm Take Down Date for 2019 Event: September , 2018 -- 8am to 1 pm Page 13 of 15 EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee (ACC) must not commence work under this contract until alI insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. 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 VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and Dismemberment $$5,000 for Medical Page 14of15 LIQUOR LIABILITY $1,000,000 Per Occurrence PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee 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, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee'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. Lessee shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within I0 days of any change made by the Lessee or as requested by the City. Lessee shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee 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 15 of 15 • 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' Iiability 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee'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 Lessee'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 Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee'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. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Insurance Requirements Parks and Recreation Dept. 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: 2017-237282 Date Filed: 07/17/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. The Art Community Center of Corpus Christi Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract tar which the form is being filed. The 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. 74-1716003 art festival a Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check if there is NO Interested Party, only X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. --/taX11 all AitAda/fr' Signature of authori agent of con n ! • usiness entity AFFIX NOTARY STAMP / SEAL ABOVE Swam to and subscribed before me, by the said 4-11,-42..-BltL +Ze (S YY m ct.t�.this the 1 day of J 4..17 y , 20 )1 .,, to certify which, witness my hand and seal of office. gt • . - - - • + TERRI A KELLY PU: TE OF TEXAS .�i0Y I— * NOTARY e +! Sig ure of officer administerin!0.th Printed name of officer adminikted aa 1 Title of o cer - . minis e i tr ooah Forms nrovided by Texas Ethics Commission www.ethics_state_tx_us Version V1.0.883 1852 AGENDA MEMORANDUM Future item for the City Council Meeting of August 8, 2017 Action item for the City Council Meeting of August 15, 2017 DATE: July 19, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Ratifying Submission of Grant Application to the 2016 Homeland Security Grant Program (HSGP) in the Amount of $98,235.59 CAPTION: Resolution ratifying the submission of grant applications in the amount of $98,235.59 to the Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program for law enforcement terrorism prevention activities. PURPOSE: The Texas Office of the Governor — Homeland Security Grants Division has informed the City of Corpus Christi that our jurisdiction has been awarded three (3) grants totaling $98,235.59 from the Homeland Security Grant Program (HSGP) for Law Enforcement Terrorism Prevention Activities (LETPA). The purpose of the grants is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. A need analysis was conducted and specialized equipment was identified before applying for the grants. When the special equipment is purchased it will be distributed to the appropriate departments. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of resolution 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 $98,235.59 $98,235.59 BALANCE $98,235.59 $98,235.59 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this resolution to ratify the submission of a grant application in the amount of $98,235.59 for the purchase of special terrorism prevention equipment. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Ratifying the submission of grant applications in the amount of $98,235.59 to the Texas Office of the Governor— Homeland Security Grant Division, Homeland Security Grant Program for law enforcement terrorism prevention activities. WHEREAS, the City of Corpus Christi finds it in the best interest of the citizens of Corpus Christi, that the Man -Portable X-ray Units, Swiftwater Rescue Training and Equipment, and Grid Aim System projects be operated for the year 2017; WHEREAS, the City of Corpus Christi agrees not to provide applicable matching funds for the said projects as matching funds are not required by the Homeland Security Grant Program grant application; WHEREAS, the City of Corpus Christi agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, the City of Corpus Christi designates the City Manager's designee, the Deputy Fire Chief, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council ratifies submission of Grant Number 2966302 for Man - Portable X-ray Units, Grant Number 3142601 for Swiftwater Rescue Training and Equipment, and Grant Number 3133801 for Grid Aim System, totaling $98,235.59, to the Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program for law enforcement terrorism prevention activities. Grant Number 2966302 Grant Number 3142601 Grant Number 3133801 Man -Portable X-ray Units Swiftwater Rescue Training and Equipment Grid Aim System SECTION 2. The City Manager's designee, the Deputy Fire Chief, as the grantee's authorized official, may apply for, accept, reject, alter or terminate the grant. Page 1 of 2 ATTEST: THE 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 Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 8, 2017 Action Item for the City Council Meeting of August 15, 2017 DATE: July 28, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll@cctexas.com (361) 826-3464 Oso Golf Course Claim Settlement CAPTION: Motion authorizing payment to Foresight Corpus Christi Golf LLC for claim settlement of $60,250 in construction expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016. PURPOSE: This item is to approve payment to Foresight Corpus Christi Golf LLC of $60,250 to settle a claim due to unforeseen damage to the Oso Golf Course cart barn. BACKGROUND AND FINDINGS: On Friday September 30, 2016, the golf cart barn at Oso Beach Golf Course caught fire and was destroyed. Insurance settlements have been received and appropriated on April 18, 2017 of $95,734.24. On July 25, 2017, City Council approved an ordinance to transfer funds from the General Liability Fund to the No. 4691 Golf Capital Reserve Fund to supplement settlement payments in the amount of $54,265.76 and authorizing settlement of existing claims totaling $13,487.14. ALTERNATIVES: Do not authorize payment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This motion conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget — Golf Capital Fund $150,000.00 $150,000.00 Encumbered / Expended Amount $13,487.14 $13,487.14 This item $60,250.00 $60,250.00 BALANCE $76,262.86 $76,262.86 Fund(s): Golf Capital Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Invoice#574903 FORESIGHT CORPUS CHRISTI GOLF LLC 512 E BLANCO ROAD SUITE 100 BOERNE, TX 78006 Bill To City of Corpus Christi 120 t Leopard Street Corpus Christi. TX. 78401 Invoice Date Invoice # 7/26/2017 574903 P.O. No Terms Project Quantity Description Dickson Builders, Inc. Invoice #03293-2 2nd draw for OSO Beach Cart Bum Rebuild Rate Total 60.250.00 8.25% Amount 60,250.00 0.00 560,250.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 8, 2017 Action Item for the City Council Meeting of August 15, 2017 DATE: August 3, 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 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: Andres Leal, Jr., P.E., Director of Street Operations AndyL@cctexas.com (361) 826-1957 Resolution authorizing moving forward with a Bond 2018 Program Resolution authorizing the City Manager to move forward with a 2018 Bond Program including an Implementation Plan as outlined by City Staff at the July 13, 2017 City Council Workshop. PURPOSE: The purpose of this Agenda Item is to obtain authorization to move forward with a Bond 2018 package as presented to Council during its July 13, 2017 Workshop. BACKGROUND AND FINDINGS: During the April 14, 2015 City Council Meeting presentation on Residential / Local Street Reconstruction funding, Council directed the City Manager to hold a Bond Election in 2018 in the amount of $110 Million. Over the past several months (May through July), Council was presented a list of projects and an implementation plan for a proposed Bond 2018. The recommended implementation plan included preparing Preliminary Feasibility Studies to obtain better 1 scopes and project estimates prior to the Referendum. The anticipated cost of these studies is estimated to be $2 Million. In May 2012, Council passed a Resolution (see attachment) which committed "necessary funding of any remaining Bond 2008 — Street proceeds" to fund three additional street project. The Airline intersection is being done as part of the Bond 2014, Proposition 2 Rodd Field Road Expansion Project. The Yorktown Road Extension was performed as a Bond 2012, Proposition 1 project and is complete. In early 2016 the PR 22 Project design engineer's opinion of probable construction costs was estimated to be approximately $11 Million. The amount of funds available for the PR 22 Project in Bond 2004 was close to $1.2 Million. A reconciliation of Bond 2008 projects performed at that time yielded approximately $5.9 Million in funds available for the PR 22 Project. The balance of funds needed were to be provided by the Tax Increment Reinvestment Zone #2 (TIRZ#2). In early 2017, following the completion of several projects, a second reconciliation of Bond 2008 projects identified an additional $2.5 Million in available funds. Staff recommends that the $2 Million necessary for the Preliminary Feasibility Studies for Bond 2018 come from this additional available Bond 2008 money. The implementation plan also included obtaining stakeholder input to further define and prioritize certain projects, and pre -designing projects prior to the 2018 Referendum. Three projects would be designed to "shovel ready" to facilitate beginning construction shortly after passage of the Referendum. Additionally, six projects would be pre -designed to 60% with construction starting early in 2018. The estimated cost of the pre -design work is approximately $ 5 Million. On March 15, 2017 bids were opened for construction of the PR 22 Project. Since then, problems have arisen for the developer of the adjacent related private development. The PR 22 Project bids expire on September 11, 2017. With no indication of a resolution of the developer's problems in sight, staff recommends that the bids be allowed to expire and the project be re -bid when it is apparent the development will proceed. This may allow for some of the Bond 2008 available funds to be used for the Bond 2018 pre -design work. However, staff will evaluate Bond 2012 and 2014 Programs in the September timeframe to determine if the $5 Million is available from these Bond packages. During the June 1St Workshop, Council directed staff to return with a revised Bond 2018 package with the following criteria: 1. Proposition 1 - $52 million including improvements to North Beach related to the new Harbor Bridge and no increase in ad valorem taxes 2. Proposition 2 — additional street projects to be funded by a one -cent increase in ad valorem taxes 3. Proposition 3 — projects to be funded by another one -cent increase in ad valorem taxes The revised Bond 2018 package was presented at a July 13, 2017 Workshop: Proposition Description # Projects Budget 1 Streets 23 $ 52.0 M 2 Additional Streets 13 22.0 M 3 Public Safety & Facilities 13 22.0 M TOTAL BOND 49 $ 96.0 M The proposed implementation plan was also revised to include addressing streets impacted by, but not included in, the Harbor Bridge Replacement Project (HBRP): Four streets were identified and discussed during a HBRP presentation earlier in the Workshop. Following discussion of the projects, Council directed staff to move forward with a Bond 2018 package as presented at the July 13, 2017 Workshop. 2 ALTERNATIVES: 1. Do not approve the Resolution (Not recommended). 2. Approve an amended Resolution (Not recommended). OTHER CONSIDERATIONS: Approval of this Resolution is needed to move forward with the feasibility studies early enough to meets deadlines for a November 2018 Bond election. CONFORMITY TO CITY POLICY: This item adheres to all City policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Engineering Services and Street Operations Departments FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: (None). RECOMMENDATION: City staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution 029485 — Additional funding from Bond 2008 Resolution Regarding Bond 2018 3 Resolution authorizing the City Manager to move forward with a 2018 Bond Program including an Implementation Plan as outlined by City Staff at the July 13, 2017 City Council Workshop WHEREAS, over the last three months (May 4, 2017, June 1, 2017 and July 13, 2017), City staff has presented the City Council with various projects to be included in a proposed 2018 Bond Program; and WHEREAS, at the conclusion of the July 13, 2017 City Council Workshop, the City Council directed the City Manager to move forward with the 2018 Bond Program as presented to City Council with three propositions in the aggregate amount of Ninety -Six Million and No/100 Dollars ($96,000,000.00) as set out below: Proposition 1 Streets — 23 Projects $ 52 Million Proposition 2 Additional Streets — 13 Projects $ 22 Million Proposition 3 Public Safety & Facilities $ 22 Million Total $ 96 Million WHEREAS, at the July 13, 2017 Workshop, the City Council directed the City Manager to move forward with the Implementation Plan outlined by staff during the Workshop which includes the following steps: • Prepare Preliminary Feasibility Reports to refine project costs and scope of work for 2018 Bond Program Projects; • Use funding from the 2008 Bond Package, Proposition 1 to fund the estimated $2,000,000 cost for the Preliminary Feasibility Reports; • Obtain stakeholder input to help define scope of work and priorities for certain proposed projects; • Predesign projects to expedite project implementation pending a successful 2018 Bond Referendum, specifically getting three (3) projects to "shovel ready" and six (6) projects to approximately 60% design. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Resolution are hereby approved and adopted. SECTION 2. The City Council hereby directs and authorizes the City Manager to move forward with a 2018 Bond Program and Implementation Plan as described herein and as discussed at the July 13, 2017 City Council Workshop. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of , 2017 The above resolution was passed by the following vote: Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Resolution supporting the use and commitment of necessary funding of any Remaining Bond 2008 — Street Proceeds to fund additional projects requested by the City Council. WHEREAS, there may be funds remaining from the Bond 2008 Street Proceeds after the authorized street projects have been completed; WHEREAS, City Council requests the necessary funding of any remaining Bond 2008 — Street Proceeds be used to provide the necessary funding for additional projects requested by Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council supports the use and commitment of necessary funding of any Remaining Bond 2008 — Street Proceeds to fund the following additional street projects numbered in order of priority: (1) Park Road 22 Bridge Project; (2) Airline Intersection at Yorktown and Rodd Field Road; and (3) Yorktown Road Extension from Cimarron to Rodd Field Road. ATTEST: THE CITY OF CORPUS CHRISTI 51r."..1.9re-Or, Armando Chapa Joe A me City Secretary Mayor 042412 reso supporting use & commitment of necessary funding remaining bond 2008 — street proceeds v.2 — vo approval 029485 INDEXED Corpus Christi, Texas clgarq of f , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott outy aPe c Cur Ott ac C6644441- 042412 reso supporting use & commitment of necessary funding remaining bond 2008 — street proceeds v,2 — vo approval 029485 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 8, 2017 Action Item for the City Council Meeting of August 15, 2017 DATE: July 31, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager M arkVV@cctexas. com (361) 826-3082 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: Andres Leal, Jr., P.E., Director of Street Operations AndyL@cctexas.com (361) 826-1957 Constance Sanchez, Director of Finance Constance P@cctexas. com (361) 826-3227 Resolution approving the use of Certificates of Obligation to fund repair of streets impacted by the Harbor Bridge Replacement Project Resolution directing City Manager to begin process for issuing $4,100,000 in Certificates of Obligation to fund repairs to streets impacted by the Harbor Bridge Replacement Project as discussed in the July 13, 2017 City Council Workshop. PURPOSE: The purpose of this Agenda Item is to obtain authorization to move forward with the sale of Certificates of Obligation to fund repairs of streets impacted by the Harbor Bridge Replacement Project. The repairs must be performed prior to a Bond 2018 Referendum. 1 BACKGROUND AND FINDINGS: During a Workshop on July 13, 2017, Council viewed and discussed a presentation on the Harbor Bridge Replacement Project (HBRP). During the presentation, eight streets which will be impacted by, but are not included in, the HBRP were identified and discussed. Agnes and Laredo, will not need to be addressed for several years and may be considered for future Bond. Beach Avenue and North Beach Access Management Initiative are included in the proposed Bond 2018 package. Timon and Surfside Boulevards, and Lipan and Comanche Streets have been identified for repairs prior to the November 2018 Bond Referendum and are estimated to cost approximately $ 4.1 Million. Traffic detours associated with the HBRP have already begun in the North Beach area. Although State roadways were designated for the detour routes, Timon and Surfside Boulevards are expected to receive significant increased traffic volumes. Both streets are recommended for immediate overlay treatments so that their pavement can sustain the anticipated traffic levels. Comanche, Leopard and Lipan streets are expected to be impacted by HBRP construction in 2018 through 2020. The Comanche Street bridge (over Crosstown Expressway) is scheduled for reconstruction beginning in May 2018. Leopard Street is scheduled for limited closures beginning in Spring 2018 with full closure beginning in Spring 2019. While work on Leopard and Comanche Streets is underway, the Lipan Street bridge will become the primary egress for visitors to the Uptown area. An overlay treatment for Lipan Street, and complete reconstruction of Comanche Street, is recommended so that these streets can withstand the anticipated increases in traffic volume. At the July 13th Workshop, Council directed the City Manager to search for the $ 4.1 Million needed from sources other than Certificates of Obligation (CO), and to reserve COs as the funding source of last resort. Staff has reviewed all Capital Funds several times and no available funds (reserves) have been identified. Therefore, staff recommends funding the Harbor Bridge related street improvements with COs. ALTERNATIVES: 1. Do not approve the Resolution (Not recommended). 2. Approve an amended Resolution. OTHER CONSIDERATIONS: Approval of this Resolution is needed to move forward with addressing the Harbor Bridge related streets in time to meet the scheduled HBRP activities. CONFORMITY TO CITY POLICY: This item adheres to all City policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Engineering Services, Street Operations, and Finance 2 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: (None). RECOMMENDATION: City staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution 3 Resolution directing City Manager to begin process for issuing $4,100,000 in Certificates of Obligation to fund repairs to streets impacted by the Harbor Bridge Replacement Project as discussed in the July 13, 2017 City Council Workshop WHEREAS, during the City Council Workshop on July 13, 2017, City staff identified four city streets in need of repair, resurfacing and/or reconstruction as they will be impacted by the upcoming TXDOT Harbor Bridge Replacement Project; and WHEREAS, these street projects must be started in 2017 so that the construction does not adversely impact or delay TXDOT's Harbor Bridge Replacement Project, therefore they cannot be added to the 2018 Bond Program; and WH EREAS, City Council instructed staff at the July 13, 2017 workshop to search for any available funding that might be used to pay for the four referenced street projects and to use Certificates of Obligation for the street projects only in the event available funding could not be located elsewhere; and WHEREAS, City staff has not been able to find available funding in existing capital accounts to cover the cost of repairing, resurfacing and/or reconstructing the four referenced city street projects; and WHEREAS, City staff requests formal approval from City Council to begin the process for issuing Certificates of Obligation in an amount of $ 4,100,000 to fund the four street projects discussed during the July 13, 2017 City Council Workshop, more particularly described as follows: • Timon Boulevard from Coastal Avenue to Sandbar Avenue; • Surfside Boulevard from Coastal Avenue to Reef Avenue; • Lipan Street from Crosstown Expressway to Upper Broadway; • Comanche Street from Crosstown Expressway to Staples Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Resolution are hereby approved and adopted. SECTION 2. The City Council hereby directs the City Manager to move forward with issuing Certificates of Obligation for the four referenced street projects in an amount not to exceed $4,100,000 in accordance with State law, City Charter and City Ordinances. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of , 2017 The above resolution was passed by the following vote: Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of August 8, 2017 Action Item for the City Council Meeting of August 15, 2017 DATE: TO: August 8, 2017 Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Plumbing Repair Services for the Utilities Department CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with Javier M. Reyna dba Spring Plumbing and Construction, of Corpus Christi, Texas for plumbing repair services in accordance with Request for Bids (RFB) No. 1123 based on the lowest, responsive and responsible bid for a total amount not to exceed $39,312.50, with an estimated expenditure of $6,552.08 in FY2016-2017. The term of the agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: The purpose of this agreement is to provide on-call plumbing repair services for the Utilities Department. BACKGROUND AND FINDINGS: In the daily operations of emergency repairs and line location, City staff can unintentionally break a customer's gas, water, irrigation, or wastewater service lines. To maintain optimum customer service, damage to the customer's line must be repaired by a licensed plumber that can complete the repair in a timely manner and provide a warranty for workmanship. Plumbing repair services will be provided throughout the City, as requested by the Utilities Department. The contractor is to provide specified services during regular business hours, as well as after hours for emergency work, including nights, weekends and holidays, on an as needed basis. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received one responsive, responsible bid, out of 166 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, Spring Plumbing and Construction of Corpus Christi, Texas. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $369,070.36 $32,760.42 $401,830.78 Encumbered / Expended Amount $189,405.07 $0.00 $189,405.07 This item $6,552.08 $32,760.42 $39,312.50 BALANCE $173,113.21 $0.00 $173,113.21 Fund(s): Utilities Fund Comments: The initial contract term total is $39,312.50, of which $6,552.08 is funded in FY2016-17. The total estimated contract value will be $117,937.50 if all option 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: Cynthia Perez BID TABULATION RFB 1123 PLUMBING REPAIR SERVICES FOR UTILITIES DEPT. TOTAL: $39,312.50 Javier M. Reyna dba Spring Plumbing Corpus Christi, TX Item Description Qty. Unit Markup Unit Price Extended Price 1 Parts/Materials Markup $5,000 EA 40% $2,000.00 $7,000.00 2 Labor/Plumber - Normal Working Hours 225 HRS n/a $88.00 $19,800.00 3 Labor/Plumber - After Hours and Holidays 50 HRS n/a $132.00 $6,600.00 4 Labor/Helper- Normal Working Hours 100 HRS n/a $43.00 $4,300.00 5 Labor/Helper - After Hours and Holidays 25 HRS n/a $64.50 $1,612.50 TOTAL: $39,312.50 SERVICE AGREEMENT NO. 1123 Plumbing Repair Services for Utilities Department THIS Plumbing Repair Services for Utilities Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Javier M. Reyna dba Spring Plumbing and Construction ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Plumbing Repair Services for Utilities Department in response to Request for Bid/Proposal No. 1 123 ("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 Plumbing Repair Services for Utilities 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 $39,312.50, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Phone: (361) 826-1649 Email: joannam@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contract Administrator Address: 2726 Holly Rd. Corpus Christi, Texas 78415 Fax: (361)826-1715 IF TO CONTRACTOR: Spring Plumbing Attn: Javier M. Reyna Owner/Master Plumber 5566 Ayers St., Ste. #71, Corpus Christi, Texas 78415 Fax: N/A City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTO s Signature: cam y ° 2/fia-' Printed Na e: 3aoey m 1c Title: O(- ,( f mc(r \U Cflkr Date: (j- x)-1-1 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty -Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1 123 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Chisti Service Agreernent Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Plumbing, Emergency Plumbing, and Gas maintenance and repairs city wide on an as needed basis. Maintenance and repair is defined as work that involves the mending of a broken system, component(s), or sub-component(s) to include: plumbing drain line cleaning, water service lines, main sewer lines, back-flow prevention devices, etc. Specific work requirements will be identified in each work order as deemed necessary and approved by the City. 1.2 Scope of work A. Service Requirements: a. The Contractor shall be able to perform specified services during regular business hours from 8:00 am to 5:00 pm, as well as after hours for emergency work, including nights, weekends, and holidays on an as needed basis. b. The Contractor shall receive work order requests in writing, email, or fax, and shall respond to request within 30 minutes. c. The Contractor shall be on site within two (2) hours after request for regular service and within one (1) hour of an emergency request for service. The City reserves the right to determine when a job is considered an emergency. The City reserves the right to use another contractor or any means of accomplishing the work if the Contractor response times are non-compliant. d. The Contractor shall furnish all labor, supervision, tools, materials, and specialized equipment to perform the work. e. For work the City deems to be "emergency," the Contractor shall repair or mitigate all plumbing and gas deficiencies before leaving the job site, up to and including any new deficiencies that may arise at the site. The City must approve any mitigated work. For work the City deems to be "non -emergency", additional time to complete the repair may be approved, subject to the City's discretion. f. Repairs shall include any and all plumbing issues that may arise. g. The Contractor shall have a clean-up operation in effect at all times. h. The Contractor shall have a sufficient number of licensed plumbers with helpers to fulfill work requirements. i. The Contractor shall be responsible for any damages to our property. All damages must be reported, and repaired or replaced by the Contractor at no cost to the City. j. The Contractor shall have back flow testing capabilities. k. The Contractor shall have the ability to detect gas leaks. I. When Contractor considers the work to be complete, the Contractor shall notify the City Representative. B. The Contractor shall accept work orders from the following authorized personnel: a. Superintendent b. Utilities Foreman c. Supervisor C. All parts used for any repair shall be new and unused. D. Contractor shall provide a quote for major repairs, defined as exceeding $1,000.00. All quotes shall include labor and parts, with allowable markup in accordance with the pricing schedule in the contract. E. The Contractor shall completely document all repairs. A copy of each repair slip will be provided to the personnel on site and shall include the following: a. Contract number - work order number b. Site location of the repair c. Description of the repair d. Itemized list of parts/materials/equipment e. Start time and End Time F. If any plumbing or gas issues are deemed non -repairable, the Contractor shall immediately notify the City Representative that submitted the work order. 1.3 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Attachment B - Bid /Pricing Schedule `�l ,i CITY BID PURCHASING RFB Plumbing Department C ti OF FORM No. Authorized Signature: Contract that: arrived with any with regard pursuant and review with per plumber, CORPUS CHRISTI DIVISION 1123 Repair Services for Utilities PAGE 1 OF 1 yy) i 7��' C� i� • 1_.e to, GG9us o ... Ali hCORPORP�E° x852 Date: Bidder: 1. Refer completing 2. Quote 3. In submitting a. the communication, purpose b. Bidder on and c. Bidder required d. Bidder 4. Invoices: Invoices separated / l { i �l, ��1�',\ 1 1 ‘ c,Bidy Uth On to "Instructio o ders" and bid. your best price for each item. this bid, Bidder certifies prices in this bid have been or agreement of restricting competition is an Equal Opportunity Employer; file with City's purchasing office, true. is current with all taxes due governmental agencies. acknowledges receipt and shall be submitted in accordance to reflect an hourly charge, Terms and Conditions before at independently, without consultation, other Bidder or competitor, for the to prices; and the Disclosure of Interest information to the Code of Ordinances, is current company is in good standing with all of all addenda for this RFB. the following: Charges shown shall be and charges for parts/materials. Item Description Unit Qty. Total Price Parts/Materials Estimated Markup 1 Parts/Materials Markup EA $5,000 % 1jL $ v?, COCl Labor Unit Price Total Price 2 Labor/Plumber Normal Hours M -F 8:OOam - 5:OOpm HRS 225$ , ss`e/hf $ 19, oo 3 Labor/Plumber After Hours 5:OOpm-8:OOam HRS 50 Ng/` -v . $ t.(j t (P U 4 Labor/Helper Normal Hours M -F 8:OOam - 5:OOpm HRS 100$ H yhr $ , 00 5 Labor/Helper After Hours 5:OOpm - 8:OOam HRS 25 $ 414.E/hy $114101S0 1 1410 , 5 D Total T •)j 1:2-)1071-5D Attachment C - Insurance Requirements 3.1 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) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non -Owned 3. Rented/Leased WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 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. Contractorshall 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. Attachment C - Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this service agreement. Attachment D - Warranty No warranty requirement necessary for this service agreement Forms 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: 2017-197227 Date Filed: 04/24/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the businessentity's place of business. Spring Plumbing & Construction Corpus Christi , TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the comract, and provide a description of the services, goods, or other property to be provided under the contract. 86-106318 Specialize in leak repair, gas piping repair, water heater repair and installation, sewer line replacement, drain cleaning, faucet repair and numerous other plumbing services. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Contro(lin Ittterrnediary 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. \C.r/_,--,ITL 1 ...4, - Signature of authorized agent AFFIX NOTARY STAMP / SEAL ABOVE 'Y /2....0..... t Sworn to and subscribed before me, by the said��� r of contracting iQ/t~J [Phis the �__ C GARCIA PUBLIC Texas business entity `"//y /{ 9 c . I, day of � 20 / . to certify which, witness my hand and seal o ffice. "P`°'" AMADOR : - `,; NOTARY 0 .. "' State of 7 • C i Z e.) C 1 Signature of officer administerip , , e''' + •. 07-05-201 tf • • ah Printed name of o �,., � :du(• •a• e 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 August 8, 2017 Action Item for the City Council Meeting of August 15, 2017 DATE: TO: August 8, 2017 Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services, Purchasing Kim B2@cctexas.com (361) 826-3169 Emergency Spill Response and Remediation Service Agreement CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with Horizon Environmental, of Houston, Texas for emergency spill response and remediation services in response to Request for Bid No.1036 based on the lowest, responsive, responsible bid for a total amount not to exceed $22,762.30, with an estimated expenditure of $3,793.72 in FY2016-2017, and funded by the Utilities Department -Storm Water Division. The term of the agreement is for one year with an option to extend for up to two additional one- year periods, subject to the sole discretion of the City. PURPOSE: This service will provide a contract for emergency spills and cleanups that are a threat to the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) with no responsible party other than the City. The Texas Commission on Environmental Quality (TCEQ) MS4 Permit WQ0004200000 requires that the City must implement programs which prevent, contain, and respond to spills that may discharge into the MS4. BACKGROUND AND FINDINGS: Emergency spills or other issues that occur with the City as the responsible party must be remediated to ensure pollution and/or contaminants do not reach the MS4 which ultimately drain into waterways. Previous cleanups have been the result of City vehicle accidents which are leaking automotive fluids and/or fuels; spills of fluids occurring due to City infrastructure; and, wastewater overflows. This contract will allow the City to have an emergency cleanup company on standby for responds to spills and cleanups that City staff is not able to handle due to the hazardous materials involved. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received two responsive, responsible bids, out of 78 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, Horizon Environmental. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities Department — Storm Water FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $152,400.00 $22,762.30 $175,162.30 Encumbered / Expended Amount $117,807.80 $0.00 $117,807.80 This item $3,793.72 $22,762.30 $26,556.02 BALANCE $30,798.48 $0.00 $30,798.48 Fund(s): Storm Water Comments: The initial contract term total is $22,762.30, of which $3,793.72 will be funded in FY2016- 17. The total estimated contract value will be $68,286.90 if all option 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: CYNTHIA PEREZ BID TABULATION RFB 1036 EMERGENCY SPRILL RESPONSE AND REMEDIATION SERVICES Total: $22,762.30 Total: $39,814.50 Horizon Environmental Miller Environmental Corpus Christi, TX Corpus Christi, TX Item Description Qty. Unit Markup Unit Price Extended Price Qty. Unit Unit Markup Price Extended Price 1 Labor Fees 145 HRS $30.00 $4,350.00 145 HRS I $130.00 L $18,850.00 2 Materials Markup 6,705.00 Est. 1% $6,772.05 6,705.00 Est. 15% $7,710.75 3 Equipment Markup 11,525.00 Est. 1% $11,640.25 11,525.00 Est. 15% $13,253.75 Total: $22,762.30 Total: $39,814.50 SERVICE AGREEMENT NO. 1036 Emergency SpiII Response and Remediation Services THIS Emergency Spill Response and Remediation Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Horizon Environmental ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Emergency SpiII Response and Remediation Services in response to Request for Bid/Proposal No. 1036 ("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 Emergency Spill Response and Remediation 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 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 $22,762.30, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 8 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Crystal Ybanez Water Department 361-826-1289 CrystalYcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 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 within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a 001 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: Crystal Ybanez Environmental Services Superintendent 13101 Leopard St., P.O. Box 9277, Corpus Christi, TX 78410 Fax: (361) 826-4550 IF TO CONTRACTOR: Horizon Environmental Attn: Jack Ostermaier Title: Vice- President, Sales and Marketing Address: 2407 Albright Drive, Houston, Texas 77017 Fax (713) 378-0717 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT, 18. Termination. {A} The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response {Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252,908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement, 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Farm 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: 44;1441;., 621Aar,%- Printed Name: Davian M. Pinder Title: President Date: 7/7/2017 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. 1036 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 1.1 General Requirements/Background Information A. The Contractor shall provide emergency spill response and remediation services as outlined in this Scope of Work. 1.2 Scope of Work A. Service Requirements for the Contractor: 1. Shall be able to provide specified services twenty-four (24) hours a day, three hundred and sixty-five (365) days per year, on an as needed basis. 2. Will receive work order requests and shall respond by phone within 30 minutes of a call being placed by the Utilities Department. 3. Must be on site within two hours of receipt of work order of a request for services. 4. Shall begin spill response and/or remediation within 2 hours of arrival on site unless otherwise approved by Utilities Department. 5. Must have a sufficient number of certified/trained personnel to fulfill work demands. 6. Shall have HAZWOPER, RCRA and any other training required by OSHA, Federal, State or local regulations. 7. Will have the capability and capacity to respond to on-site, highway, in water, or on shoreline incidents. 8. Shall have the facilities and equipment to meet the response time dictated in this specification. 9. Shall have the experience to meet this specification for chemical and/or petroleum spills. 10. Shall have experience and training to respond to land and water remediation. 11. Shall have the ability to mitigate any or all spill incidents, for example gas, oil, sugar water and other types of spills. 12. Shall have multiple vacuum trucks available for immediate response to eliminate and/or mitigate pollutant loading and/or contamination to the Municipal Separate Storm Sewer System (MS4) and/or waters of the state. 13. Shall have the ability to perform hydro -excavation. 14. Will have the capability to perform work in confined spaces and have the safety equipment and training required to support. 15. Must have the capacity to collect analytical samples according to State standards. All samples taken shall have a copy sent to the City Contract Administrator or their designee. 16. Shall have the capability and equipment to hydro -jet infrastructure lines blocked by a material or hazard. 17. Responsible for any or all decontamination of personnel and equipment. B. Spill remediation shall include any and all affected areas. C. All items used for spill response and remediation shall be free from the threat of cross contamination. D. Contractor shall provide status updates to City throughout the duration of the response. E. At time of completion of services, the Contractor shall report back to the City. F. All response and remediation services provided shall be documented by the Contractor. A copy of the work order shall be provided to the City with the following information: • Site location • Description of response and/or remediation services provided • List of materials used • Log of timeline, from time of City request to departure from the scene. G. The Contractor shall provide follow up services in the event additional remediation is required. 1.3 Work Site and Conditions A. The work shall be performed at any location within the City of Corpus Christi's jurisdictional boundary and/or any location deemed affected by incidents occurring within the City of Corpus Christi's jurisdictional boundary, which shall include incidents occurring and/or threatening navigable waterways and/or waters of the state for which the City has the responsibility to protect through state issued permits. The work may be required on land, roadways, infrastructure, ditches, waterways, structures, objects, and other items that are determined to be affected by the incident. 1.4 Contractor Quality Control and Superintendence A. The Contractor 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 Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Payment Work will be paid for on a Time and Material basis. Documentation including time records, receipts purchase or lease records for materials and equipment will be required to demonstrate charges. Attachment B - Bid Pricing/Schedule 0 CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1036, Emergency Spill Response and Remediation Services Date: Ato to/ ? Bidder: goriZo err 'ico en1/ Authorized Signature: PAGE 1 OF 1 1 Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a, the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices: b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. item Description Unit Qty. Total Price Labor Fees HRS. 145 Unit Price 1.30 *0 Markup % $ 4(350 , ea Total Price 1 Labor Fees Materials/ Equipment 2 Materials Markup Est. $6,705.00 /"A 1 / '7L; $ Cp;77Z,o‘ 1/, (ao. LS 3 Equipment Markup Est. $11,525.00 Total $ 2't, 7(1Z, 36 Example: Item 2 calculation is $6,705,00 X % markup + $6,705,00 = Total Price $6,705,00 X 5% = $335.25 + $6,705.00 = $7,0480,25 Same mathematical formula applies for Item 3 as above. Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of Bodily Injury and Property Damage cancellation, non -renewal, material change or termination required on all certificates and policies. Per occurrence - aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit Or State of Texas Minimum Limits for personal or rental autos. PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (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. WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 / $500,000 / $500,000 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements - 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2. 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. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. 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 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 calendar days advance written notice for nonpayment of premium. 5. Within five 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. 6. 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 Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. 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. 8. 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. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2017 Insurance Requirements Utilities Emergency Response and Remediation Services 01/17/2017 cg Risk Management Attachment C - Bond Requirements No bond requirements necessary for this supply agreement; Section 5. (B) is null for this service agreement. ATTACHMENT D: WARRANTY REQUIREMENTS No warranty requirements necessary for this supply 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 IJSE ONLY CERTIFICATION OF FILING Certificate Number: 2017-232245 Date Filed: 07/05/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Horizon Environmental 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, 230-5 i RFB1036 Emergency Spill Response and Remediation 4 Name of Interested Party City, State, Country (place of business} Nature of interest (check applicable) Controlling Intermediary Horizon Environmental Victoria, 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. e•,"""++'++ HALEY SANFORD ;c, :4n' Notary Public, State 4f Texas sq:,'�. �� e Comm, Expires 05-10-2020 j'� Le�v ,..4,,,.....„, ''+;rFoF�l; Notary ID 130656002 Signature of authorized agent of contracting business entity AFFIX Sworn NOTARY STAMP 1 SEAL ABOVE to and subscribed before me, by the said lh� f `� {� /�, p f VI All)N1 1 531 �c/I , this the /S. day of j�. , 20 11 , to certify which, witness my hand and seal of office, �J j 400- +a,1,1,\:06{AAPN(A. Signat of officer administering oath Printed name of officer administering oath Title of offer 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 August 8, 2017 Action Item for the City Council Meeting of August 15, 2017 DATE: August 8, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Supply Agreement for Hydrofluorosilicic Acid for Water Treatment for the O.N. Stevens Water Treatment Plant CAPTION: Motion authorizing the City Manager, or designee, to execute a supply agreement with Pencco, Inc. of San Felipe, Texas for the purchase of hydrofluorosilicic acid in response to Request for Bid (RFB) No. 1106 based on the lowest, responsive, responsible bid for a total amount not to exceed $182,250.00, with an estimated expenditure of $30,375.00 in FY2016-2017 funded by the Water Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: This item is to approve a supply agreement for hydrofluorosilicic acid for the O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The product hydrofluorosilicic acid will be used in the treatment of potable (drinking) water to reduce the incidence of dental caries (tooth decay). The Hydrofluorosilicic Acid will be fed by means of a liquid feeding system. Commercial strength hydrofluorosilicic acid has a typical strength of 25 percent acid content, and is produced as a co -product in the manufacture of wet -process phosphoric acid and other phosphate fertilizers. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, two non-responsive bids one no bid out of 34 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, Pencco, Inc. ALTERNATIVES: No feasible alternatives OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statutes regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities -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 $151,875.00 $5,668,127.15 Encumbered / Expended Amount $4,457,214.84 $0.00 $4,457,214.84 This item $30,375.00 $151,875.00 $182,250.00 BALANCE $1,028,662.31 $0.00 $1,028,662.31 Fund(s): Water Fund Comments: The initial contract term total is $182,250.00, of which $30,375.00 is funded in FY2016-17. The total estimated contract value will be $546,750.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation TITLE: RFB 1106 Hydrofluorosilicic Acid for Water Treatment Supplier 1 CITY OF CORPUS CHRISTI PURCHASING DIVISION REQUEST FOR BID BID TABULATION Supplier 2 Supplier 3 Supplier 4 Supplier 5 Univar Solvay Mosaic Global Sales, LLC Pencco, Inc. Shannon Chemical Corporation Kent, Washington Houston, Texas Lithia, Atlanta San Felip, Texas Malvem, Pennsylvania UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION Unit QTY PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 1 Hydrofluorosilicic Acid Wet Ton 450 $415.00 $186,750.00 _ _ $405.00 $182,250.00 TOTAL $186,750.00 Non- Responsive Non- Responsive $182,250.00 No Bid SUPPLY AGREEMENT NO. 1106 Hydrofluorosilicic Acid for Water Treatment for the O.N. Stevens Water Treatment Plant THIS Hydrofluorosilicic Acid for Water Treatment for the O.N. Stevens Water Treatment Plant Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Pencco, 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 Hydrofluorosilicic Acid for Water Treatment for the O.N. Stevens Water Treatment Plant in response to Request for Bid No. 1106 ("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 Hydrofluorosilicic Acid for Water Treatment for the O.N. Stevens Water Treatment Plant in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then - current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $182,250.00, 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 invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 7 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: Diana Zertuche Garza Department: Utilities Phone: 361-826-1827 Email: DianaG@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 001 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 City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 7 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 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. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 7 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 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: Diana Zertuche Garza Title: Contracts/Funds Administrator Address: 2726 Holly Rd. Corpus Christi Texas 78415 Fax: 361-826-4488 IF TO SUPPLIER: Pencco, Inc. Attn: Sarah Duffy Title: Bid Secretary Address: P.O. Box 600 San Felipe, Texas 77473 Fax: (979) 885-3208 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 City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 7 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. 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. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 7 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 Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 7 SUPPLIER Signature: ail Printed Name: Sarni') b Title: Bid z Date: 7/05/1'7 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. 1106 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 hydrofluorosilicic acid to be used to treatment of potable (drinking) water to reduce the incidence of dental caries (tooth decay). Hydrofluorosilicic Acid is produced as a co -product in the manufacture of wet -process phosphoric acid and other phosphate fertilizers. The Hydrofluorosilicic Acid is fed by means of a liquid feeding system. Commercial strength Hydrofluorosilicic Acid has a typical strength of 25 percent acid content. The estimated annual requirement for Hydrofluorosilicic (Fluorosilicic) Acid is estimated to be 450 wet tons. 1.2 Product Specifications 1. Hydrofluorosilicic Acid shall contain between 20 and 30 percent Hydrofluorosilicic Acid by weight. 2. American National Standards Institute/American Water Works Association Standard for Hydrofluorosilicic Acid, ANSI/AWWA B703-06. 3. American National Standards Institute/National Sanitation Foundation Institute Standard for Drinking Water Treatment Chemicals - Health Effects, ANSI/NSF 60. 4. Conformance to ANSI/NSF 60 must be obtained through certification of this product by an agency recognized by the Texas Commission on Environmental Quality. 1.3 Delivery and Weighing Requirements A. Each shipment shall be in approximately 4,000 -gallon tank truck lots. Tank trucks shall be of appropriate design to handle this material safely and the shipping thereof shall meet all applicable U.S. Department of Transportation and State of Texas regulations. This statement shall be on each truck load lot "Notice: This material meets the requirements of AWWA B703-06 Standard for Hydrofluorosilicic Acid". 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, 13101 Leopard St., Corpus Christi, Texas 78469-9277. 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. RFB Template 10.10.16 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. An affidavit of compliance, by the manufacturer, stating that at the time of loading, the Hydrofluorosilicic Acid, furnished, complies with all applicable requirements of ANSI/AWWA B703-06 and a Certified Analysis of each load shall be provided to the City of Corpus Christi, Plant Supervisor, 13101 Up River Rd., Corpus Christi, Texas 78469-9277. E. This analysis shall include, but is not limited to, 1) hydrofluorosilicic acid content, 2) free acid content, other than hydrofluorosilicic acid, 3) specific gravity, and 4) heavy metals. 1.4 OSHA AND TRAINING: Any material supplies must comply with all requirements and standards of the Occupational Safety and Health Act. All appropriate marking shall be in place before delivery. Items not meeting OSHA specifications will be refused. Supplier is required to provide training to City employees in the safe handling, storage, and use of the material on a semiannual basis at the convenience of the City. This training shall include a presentation of sufficient length to visually portray the proper procedures of handling, storage, and use. Also, all information contained on the Safety Data Sheets shall be thoroughly covered. 1.5 Ownership City's ownership of the Hydrofluorosilicic Acid shall begin, and supplier ownership shall cease, upon the unloading of the chemical at the Stevens Water Plant. 1.6 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. 1.7 Billing Billing and pay quantity shall be based on "local" certified weight and the percent Hydrofluorosilicic Acid content. RFB Template 10.10.16 Attachment B - Bid Pricing Schedule Date: 5/16/17 Bidder: Pencco, Inc. CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1106 RFB Hydrofluorosilicic Acid for Water Treatment Authorized Signature: PAGE 1 OF 1 Sarah Duffy,J�:Q•� Sec. 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest infommation 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 govemmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description . UNIT QTY Unit Price Total Price 1 Hydrofluorosilicic Acid Wet Tons 450 $405 . 0 0 $182,250.00 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 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. $500,000/$500,000/$500,000 POLLUTION LIABILITY (Including Cleanup and remediation) $1,000,000 Per Incident Limit $1,000,000 Aggregate RFB Template 10.10.16 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. 11. 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 RFB Template 10.10.16 Tess 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 Division - Utilities Dept. Hydrofluorosilicic Acid - Potable Water Treatment 03/29/17 sw Risk Management RFB Template 10.10.16 Attachment C - Bond Requirements No bond requirements necessary for this supply agreement; Section 5. (B) is null for this supply agreement. ATTACHMENT D: WARRANTY REQUIREMENTS No warranty requirements necessary for this supply agreement; Section 8. Warranty is null for this supply agreement. For 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: 2017-239336 Date Filed: 07/20/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Pencco, Inc. San Felipe, 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 1desctiistior Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a of the services, goods, or other property to be provided under the contract. RFB 1.106 Hydrofluorosilicic Acid 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. as ;;per•..,- JENNIFER LYNN MATURA �=z Notary Public, State of Texas � ' ( _. '►y • Notary ID # 12934467-2 Signature of authorized a. • �.f - tracting business entity '• rk •�4= My Commission Expires AFF N • .t^r -• h 2021 Sworn to and subscribed before me, by the said , (1,1/1,( r i- y , this the day of J (.lPle. , 20 1-1 , to certify which, witness my hand and seal of office. N0Qignature �rl%��. ,. � Jeniii- TP y A of . r cer administering oath Printed name of officer administering oath Title of officer administdring oath For provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 8, 2017 Action Item for the City Council Meeting of August 15, 2017 DATE: August 8, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance jimd@cctexas.com (361) 826-1909 Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Purchase of 18 2017 Ford Trucks for the Utilities Department CAPTION: Motion authorizing the City Manager, or designee, to purchase 16 2017 Ford F-150 Service Trucks from Silsbee Ford, of Silsbee, Texas, for the amount of $478,877.50 and two 2017 Ford F-550 Service Trucks from Grande Truck Center of San Antonio, Texas, for $192,598.00 based on the Local Government Purchasing Cooperative dba Buyboard, for a total amount not to exceed $671,475.50. Funds are budgeted in FY2016-17. PURPOSE: This item is to approve the purchase of 16 2017 Ford F-150 Trucks and two 2017 Ford F-550 Service Trucks for the Utilities Department. BACKGROUND AND FINDINGS: The purchase of 16 F-150 pickups for Utilities will be distributed throughout the Water, Wastewater, and Storm Water Departments. The Water Department pickups will be used at the Wesley Seal Dam (one), Choke Canyon Dam (one) and Water Quality (two). The Wastewater Department pickups will be used at Collections (four), Broadway Wastewater Plant (one) Oso Wastewater Plant (one), Laguna Madre Wastewater Plant (one) and Allison Wastewater Plant (one). The Storm Water Department pickups will be used by Maintenance of Lines (two), and Treatment (two). The two units for Water Quality and one unit for Storm Water Treatment are additions to the fleet, and are to accommodate three new crews. The remaining 13 are replacement vehicles. The four units for Waste Water Collections are CNG bi-fuel equipped trucks. The remaining 14 pickups are not CNG, because of their assigned locations or scope of work. These units are critical pieces of equipment needed to ensure seamless, and proper operation of the City's Utilities Departments. The purchase of the two F-550 trucks with service bodies will be used by the Wastewater Department. One unit is a replacement for a nine year old unit with over 11,000 hours and is well past its service life. The unit is used by the Maintenance of Lines division and is a critical piece of equipment used in maintaining and keeping the City's Water line system operational. The other will be used at the Lift Station Operation and Maintenance division of the Wastewater Department. Several units are currently being evaluated for replacement; the replacement vehicles will meet the end of service life requirements to include age, mileage, and or life -to -date maintenance cost vs. purchase price when they are turned in and taken out of service. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Fleet Maintenance Operations and Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $1,815,735.92 $0.00 $1,815,735.92 Encumbered / Expended Amount $646,461.11 $0.00 $646,461.11 This item $671,475.50 $0.00 $671,475.50 BALANCE $497,799.31 $0.00 $497,799.31 Fund(s): Water, Wastewater and Storm 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 PRICE SHEET VARIOUS FORD TRUCKS TLGP 521-16 ITEM DESCRIPTION QTY. UNIT Silsbee Ford Silsbee, Texas Grande Truck Center San Antonio, Texas UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1. 2. 3. 4. 5. 6. 7 8.2017 9. 10. 11. 12. 2017 Ford F-150 Ext Cab Upgrade 2017 Ford F-150 Ext Cab Upgrade 2017 Ford F-150 Ext Cab Upgrade w/Lightbar 2017 Ford F-150 Ext Cab Upgrade CNG Conversion 2017 Ford F-150 Ext Cab Upgrade 2017 Ford F-150 Ext Cab Upgrade 2017 Ford F-150 Ext Cab 4X4 w/Lightbar Ford F-150 Ext Cab Upgrade w/Lightbar BuyBoard Fee 2017 Ford F-550 Diesel w/Crane Body 2017 Ford F-550 Diesel Service Truck w/Crane Body BuyBoard Fee 1 1 2 4 4 2 1 1 1 1 1 1 EA EA EA EA EA EA EA EA EA EA EA EA $31,828.50 $27,518.80 $31,380.80 $37,135.40 $24,398.60 $27,090.60 $29,657.80 $26,393.60 $400.00 $31,828.50 $27,518.80 $62,761.60 $148,541.60 $97,594.40 $54,181.20 $29,657.80 $26,393.60 $400.00 $92,574.00 $99,624.00 $400.00 $92,574.00 $99,624.00 $400.00 $478,877.50 Total Cost: $671,475.50 $192,598.00 AGENDA MEMORANDUM for the City Council Meeting of August 8, 2017 DATE: TO: July 31, 2017 Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 UPDATE TO CITY COUNCIL Old Bayview Cemetery STAFF PRESENTER(S): Name 1. 2. 3. OUTSIDE PRESENTER(S): Title/Position Department Name Title/Position Organization 1. Karen Howden 2017-18 Board Secretary Nueces County Historical Society 2. 3. BACKGROUND: The Old Bayview Cemetery is the oldest federal military cemetery in Texas. The cemetery has been designated a Historical Cultural Landmark by the City of Corpus Christi, a Historic Texas Cemetery and a State Archeological Landmark by the Texas Historical Commission. The Nueces County Historical Society hosts the Voices of South Texas — Old Bayview Cemetery Comes Alive event at the cemetery the first weekend in November. The event is a walking tour which brings the history of the community to life with storytellers, reenactors and historians. LIST OF SUPPORTING DOCUMENTS: Presentation Corpus Christi City Council August 2017 Presentation OLD BAYVIE CEMETERY General Information History List of Burials Historical Events Links Other Searchable Databases Library Home Page Search Website Find * New Bayview Cemetery En Find us on Facebook Website Dedicated to Eli T. Merriman The oldest federal military cemetery in Texas, Old Bayview was laid out by US. Amy Engineers while Brig. Gen. Zachary Taylor was encamped in Corpus Christi on the eve of the Mexican +Nar. On September 13, 1845, the steamer "Dayton" used to transfer men from St. Joseph's Island to Corpus Christi, burst a boiler near McGloin's Bluff (Old Ingleside), killing seven soldiers. Taylor obtained a burial site from H. L. Kinney, founder of Corpus Christi. r:nl Hitrhrnrk whn vnnearE i. innar Tavinr wrnta OLD 11AYVIEW CEMETERY THE OL DES' FEDFRAL MILITARY CEMETERY IN TE XAS, OLD BAYVIEW WAS LAID OUT BY U. S. ARMY ENGINEERS WHILE BRIG. GEN. ZACHARY TAYLOR WAS ENCAMPED IN CORPUS CHRISTI Cr' THE EVE OF THE MEXICAN WAR, ON SEPT.13, 1845, THE STEAMER "DAYTON': USED TO TRANSFER MEN EROM 5T. JOSEPH'S ISLAND TO CORPUS CHRISTI, BURST A BOILER NEAR McGLOIN'S BLUFF (OLD INGLESIDE), KILLING SEVEN SOLDIERS, TAYLOR OBTAINED A BURIAL SITE FROM H. L. KINNEY, FOUNDER BOF CORPUS CHRISTI. COL. HITCHCOCK, WHO SERVED UNDER TAYLOR, WROTE "ON SEPTEMBER 14, A MILITARY FUNERAL TOOK PLACE AT THE BURIAL GROUND WHICH I SELECTED. IT IS ON THE BROW OF THE HILL NORTHWEST OF CAMF1 AND COMMANDS 4 VIEW OF THE NUECES AND CORPUS CHRISTI BAYS. IT 15 A BEAUTIFUL SPOT." AFTER TAYLOR'S ARMY LEFT CORPUS CHRISTI IN 1844 THE CEMETERY BE1.AME THE COMMUNITY BURIAL GROUNC, HERE ARE GRAVES CF FIQNEfR SETTLERS, AND OF VETERANS OF WAR 0,F;1812 TEXASWAR FOR INDEPENDENCE. 511510AN WAR INDIAg'C AMPAIG4S. CIVIC' WAR. AND LATER CONFLICTS. MARKFi EAR THE: NAMES OFF EV OF THE 551-1 G 5 •:455 RY! g' U 1EFAN1 R5, 36Th 1 5 1N FA �NTRY U N m'.�oUNTED R''LEE AND 1ST TL`5A5 LA/ALRY, ua EXPLOSION OF THE STEAMSHIP DAYTON SHORTLY AFTER THE PEOPLE or TEXAS VOTED TO APPROVE ANNEXATION TO THE U.S. IN JUNE 1845, THE U.S. ENTERED A BOUNDARY DISPUTE BETWEEN TEXAS AND MEXICO. PRESIDENT JAMES 1<. POLK ORDERED GENERAL ZACHARY TAYLOR 70 POSI— TION HIS TROOPS ON CR NEAR THE RIO - GRANDE. CORPUS CHRISTI WAS CHOSEN AS HEADQUARTERS FOR THE TROOPS. 'THE TEARER "DAYTON" WAS CARRYING :TROOPS FROM CORPUS CHRISTI TO ST.JCSEPH'S ISLAND ON SEPT.121P45 WHEN BOILER BURST NEAR McGLOIN'S MUFF (INGLESIDE). A SECOND BOILER FLEW AS THE BOAT PLUNGED INTO THE WATER. THE REMAINS OF THE VESSEL CAUGHT ON FIRE AND SOON SANK.A SMALL BOAC PICKED UP THE WOUNDED INTHE WATER. FOLLOWING THE EXPLOSICNS.SE'IEN SOLDIERS WERE KILLED, AND ONE DIED SEVERAL DAYS LATER. A BURIAL SITE WAS CHOSEN HERE BY GEN. HITCHCOCK AND A MILITARY FUNERAL TOOK PLACE THE SAME DAY AS THE ACCIDENT. THE "DAYTON" EXPLOSION VICTIMS BURIED HERE ARE: LT, BENJAMIN A.RERRY,AGE 28; LT. THADDEUS HIGGINS, AGE 28; RICHARD-EDWARDS,BORN IN NEW YORK,AGE 331JCHN HUGHES, BORN IN CHAMELY, CANADA, AGE 18; ALEXANDER IWANOWSKI, BORN iN KAMIENIC, POLAND, AGE 39; JAMES .JOHNSON, BORN IN NOTTINGHAM, ENGLAND, AGE 36; JAMES MARSHALL, BORN IN NEWCASTLE, PENNSYLVANIA, AGE 59; AND DANIEL MCKERNS. BORN IN CHESTER, PENNSYLVANIA, AGE 26.go THOMAS S. PARKER BORN IN PHILADELPHIA IN 1817, Tr MAS 5 PARKER TEXAS AT THE AGE OF TWENTY.15 1839 HE AND 4(5 PAR.,NT WILLIAM W, ANC' HANNAH PARKER WERE AWARDED LARGE LAND GRANTS -THE VICINITY OF PRESENT-DAY CORPUS CHRISTI; THEA USED THE LAND TQr. RA SE CATTLE. A84UT 1845 PARKER JOINED FORCES WITH HIS Fr..-ENE, 1-1589 L. KINNEY, WHO HAD ESTABLISHEDA TRADING POST IN THIS VIC1NITY AND ALSO COMMANDED A TEXAS RANGER UNIT.WHEN GENErL ZACHARY TAYLOR'S U.5. AR MY SET LP CAMP NEAR THE TRACING POST IN AUG. 1845, KINNEY WAS NAMED THE ARMY'S QUARTERMASTER, ANC THOMAS PARKER WAS°AWARDED THE CONTRACT TO SUPPLY BEEF FOR THE SOLDIERS. IT WAS FR05 THIS ARMY POST THAT THE TOWN OF CORPUS CHRISTI GREW, AS AN EST43LI5HED RESIDENT OF THE AREA.CCOL.TOM PARKER, 55 HE WAS KNOWN. WAS APPOIN-ED 'HE EIRST.NLECES COUNTY SHERIFF AFTER TEXAS WAS AC.'M TTED TO THE UNION 15 184S. HE LATER SERVED A5 A TEXAS RANGER AND AS A SOLDIER IN THE CONFEDERATE ARMY, AESER THE END OF THE. CIVIL WAR, PARKER RETURNED TO CORPUS (48157I,WHERS HE EECAME CITY MARSHAL IN 1873 AND DIED IN 1885. THOMAS PARKER'S CONTR;BUTIONS IN COMMERCIAL ACTIV174 AND LAW ENFORCEMENT WERE VITAL''C7 THE EARLY GROWTH OF CORPUS CHRISTI.HE AND HIS WIFE RACHEL ARS BURIED AT THIS SITE. 0,,E) 'LOUIS DE PLANQUE BORN IN PRUSSIA 114 APRIL 842, LOUIS DE-PLANQUE- IMMIGRATED _ TO MEXICO DURING THE AMERICAN CIVIL WAR ERA,- BY 1864 HE WAS WORKING. 1N MATAMOROS AND SOON OPENED A PHOTOGRAPHY .STUDIO IN BROWNSVILLE,TEXAS. DURING THE AMERICAN. CIVIL WAR,. THE: -CONFEDERATE COTTON TRADE TRANSFORMED-BROWNSVILLE :AND. MATAMOROS INTO BOOMTOWNS, WHICH HELPED DE. PLANQUE'S BUSINESS. IN ADDITION,. TO PHOTOGRAPHING ROTH UNION AND CONFEDERATE` TROOPS. STATIONED IN. THE AREA, DE. PLANQUE ALSO SOLD TINTYPES, CARTES DE VISITE,FRAMES AND-STEREOPTIC EQUIPMENT. AND SLIDES DESPITE SUSTAINING :HEAVY DAMAGE TO. BOTH HIS STUDIOS.- AND. L05ING-.VALUABLE EQUIPMENT. IN_ THE 4867' HURRICANE, HEMANAGED YO PHOTOGRAPH THE STORM DAMAGE, • IN THE: TWO YEARS` AFTER: THE STORM, HE OPENED -STUDIOS IN,. '-INDIANOLA AND CORPUSCHRISTI. 'AS DE PLANQUE PREPARED TO CLOSE HIS INDIANOLA-STUDIO, THE. 1875 HURRICANE STRUCK. THERE.: AND HE:AND ..HIS WIFE BARELY - SURVIVED. USING -A LANTERN --:SHOW TO RAISE MONEY, DE PLANQUE PURCHASED NEW EQUIPMENT AND REVIVED HIS. CORPUS CHRISTI STUDIO, WHERE HE SPENT: THE REST. OF HIS CAREER: CALLED 'DON LUIS" IN CORPUS CHRISTI, THE _SIX•FOOT,' 200 -POUND DE PLANQUE WAS KNOWN TO LOVE .PARTIES. AND. CUT A STRIKING FIGURE. BY ATTENDING .MANY-EVENTSDRESSED -IN. ECCENTRIC COSTUMES, SUCH A5 -LEATHER LEGGINGS AND A SERAPE TOPPED. WITH _6 FEATHERED TYROLEAN HAT. LOCAL LORE STATED THAT NO LOCAL OR VISITING CELEBRITY. COULD ESCAPE. A SESSION IN DE- PLANQUE'S STUDIO: HE DIED Of'A STROKE. IN CORPUS CHRISTI ON MAY 1„-1898. HE MARRIED TWICE AND TRAINED 9115. SECOND - - WIFE, FRENCHWOMAN EUGENIE 1. ROBERT, AS. A -PHOTOGRAPHER.._. SHE CONTINUED, TO OPERATE HIS PHOTOGRAPHY BUSINESS. FOR -A NUMBER OF YEARS AFTER HIS DEATH. R IS PROOfk1Y 0f -MI (TATE 01 TEAS: . 1h014) BORN IN LITTLETON,-MASSACHUSETTS, IN 1786,'1014N DIX PLAYED A SIGNIFICANT .ROLE.. IN AMERICAN AND STATE HISTORY. AS A TEENAGER; -HE SERVED ABOARD A PRIVATEER: DURING THE WAR; OF 1812. HE: WAS ENGAGED-. IN CAPTURING THE: ENGLISH BRIG DON COSSACK, WHICH HAD LEFT A.CALIFORNIA PORT. HE SOON BECAME A SEA CAPITA ; AND WAS SHIPWRECKED ON. THE ISLAND OF NEW ZEALAND. IN 1925 DIX MARRIED MARY ELIZA.HAYES OF GLOUCESTER, MASSACHUSETTS, AND HE: FOUNDED A. SETTLEMENTINWASHTENAW _ COUNTY, MICHIGAN, WHICH BEARS HI5 NAME. ONCE HIS FAMILY _ MIGRATED. _TO -TEXAS, DIX- SERVED A5 A -.SOLDIER- IN THE TEXAS. REVOLUTION, IN OCTOBER OF 1835 HE ENLISTED IN THE TEXIAN ARMY AS A PRIVATE IN THE COMPANY OF CAPTAIN JAMES SWISHER AND -SERVED ONE MONTH 4T .SAN ANTONIO DE- BEXAR BEFORE BEING DISCHARGED ON NOVEMBER 4. IN1849, AFTER FIFTEEN YEARS OF FARMING IN THE TOWN OF INDEPENDENCE, THE Dix FAMILYMOVED TO. NUECES COUNTY AND SETTLED -IN CORPUS CHRISTI: WHERE DIX PURCHASED SIX CITY -LOTS - FROM :THE' CITY'S. FOUNDER, .HENRY L. KINNEY. HE WAS A SUCCESSFUL SHEEP RANCHER, WINNING 'PRIZES AT THE LONE. STAR FAIR; -DIX WAS APPOINTEDAS'"SURVEYOR AND INSPECTOR OP THE REVENUE FOR THE PORT OP CORPUS CHRISTI" BY PRESIDENT FRANKLIN- PIERCE IN. 1854 AND WAS LATER REAPPOINTED BY PRESIDENT JAMES BUCHANAN- IN 1858.. THE CIVIL WAR SPLIT THE DIX FAMILY WHEN MEMBERS TOOK OPPOSITE SIDES, DIX, A PRO -•UNION :ACTIVIST,: WAS INDICTED IN 1864 FOR TREASON AGAINST THE CONFEDERATE STATES OF AMERICA ALONG WITH EIGHT OTHERS. THE WAR ENDED BEFORE ANY ACTION COULD BE TAKEN AGAINST THE MEN.. AFTER THE WAR, DIX WASAPPOINTEDCHIEF. JUSTICE OF NUECE5. COUNTY, A POSITION HE HELD UNTI1. 1869. THE YEAR BEFORE H15 DEATH. - - MpRSER ISP 9FERn Or nr STATE 6S 11XAS= - z°ill �0.1[AL C Iusun:!::,r:mlwui�G ' ELI TODD MERRIMAN' BORN THE SON OF A DOCTOR, ELI TODD MERRIMAN 11 8 5 2 1 941) 'WAS A MAJOR CONTRIBUTOR TO THE GROWTH AND DEVELOPMENT OF CORPUS CHRISTI, THE MERRIMAN FAMILY MIGRATED TO CORPUS CHRISTI FROM CONNECTICUT IN 188 BY WAY OF BASTROP, SAN MARCOS, EDINBURG AND BANOUETE, FINALLY ARRIVING IN THEIR FINAL DESTINATION IN 1865. IN 1870, E11, AT THE AGE OF 18, BEGAN WORKING A5 A TYPESETTER FOR THE NUECES VALLEY, A WEEKLY PUBLICATION. HE WOULD SOON BECOME A FOREMAN AND LATER A REPORTER, ELI LATER MOVED ON TO THE GALVESTON NEWS DURING A BRIEF SEPARATION FROM CORPUS. CHRISTI BUT LATER RETURNED TO WORK FOR THE CORPUS CHRISTI GAZETTE. IN 1876, ELI AND WILLIAM H. MALTBY, AN EXPERIENCED PUBLISHER, CREATED AND PUBLISHED THE CORPUS CHRISTI FREE PRESS. ELI, 'WHO.HELD THE RESPONSIBILITY OF SECURING SUBSCRIPTIONS, TRAVELED BY HORSEBACKASFAR A5 THE RIO GRANDE VALLEY. AFTER MALTBY'S -DEATH,IN-1880, ELI BECAME SOLE PROPRIETOR, • LN-1II0, THE PAPER WAS SOLD TO THE CALLER PUBLISHING -`COMPANV:WHICH IN TURN RENAMED THE PAPER THE CORPUS CHRISTI :'CALLER. TODAY IT IS CALLED THE CORPUS CHRISTI CALLER•T,MES. _,,.DURING HIS STINT, ELI EARNED THE NICKNAME "DEAN OF TEXAS NEWSPAPER MEN" A5 THE CALLER WAS ONE OF_THE MOST -INFLUENTIAL PAPERS IN TEXAS. RETIRING FROM THE NEWSPAPER DID NOT SLOW ELI DOWN. HE EMPLOYED HIMSELF IN REAL 'ESTATE AND INSURANCE. HIS MAIN EFFORTS WERE TO CREATE ADEEPWATER PORT FOR CORPUS CHRISTI AND TO REPAIR AND PRESERVE THE OLD BAYVIEW CEMETERY, WHERE HE 15 NOW BURIED. EU -:WORKED TIRELESSLY TO FUNDRAISE FOR THESE CAUSES. IN 19.11,ATTHE AGE OF 88, EU TODD MERRIMAN PASSED AWAY LEAVING A LEGACY FOR HIS THREE CHILDREN OF COMMUNITY PRIDE AND RESPONSIBILITY, THE STATE HONORED HIM WITH A RESOLUTION AFFIRMING HIS ASTOUNDING CONTRIBUTION TO TEXAS. ... IMAMS IS PAOPE TY OF THE STATE aE Alm WILLIAM DERYEE (May 15, 1825 May 23, 19031 CHEMIST, GEOLOGIST, AND PHOTOGRAPHER WILLIAM DERYEE WAS —BORN AS WILLIAM DORY IN WORZBURG, BAVARIA. HE WAS EDUCATED AT THE GYMNASIUM AND LATEINSCHULE IN WORZBURG, THEN WENT ON TO STUDY AT THE UNIVERSITY OF MUNICH. HE PARTICIPATED IN THE IB48 UPRISING AGAINST KING'LUDWIG I, BUT WHEN IT WAS :SUPPRESSED,. HE LEFT WITH OTHER. DISSIDENTS TO SETTLE IN TENNESSEE.. HERE HE MARRIED HIS WIFE, DOROTHEA MYUUS FROM SAXONY, IN.1849. THEY HAD FIVE CHILDREN. HE ALSO CHANGED HIS NAME TO,PDERYEE•. AFTER ESTABLISHING HIGHLY EFFECTIVE COTTONSEED MILLS, HE GATHERED- THE ATTENTION OF MANY COPPER MINE OPERATORS AND THEV.HIRED HIM TO INVESTIGATE THEIR WH RE IEE S. DEVELOPEDHE ANDHIS AND DEMONSTRAFAMILY ATED NEW NEW PHOTOGGRAPHY TECHNIQUES ALONGSIDE OTHER GERMAN- IMMIGRANTS. DURING THE CIVIL WAR, DERYEE SERVED UNDER THE CONFEDERACY AS A STATE AND TO FIND HSOURCES OF LNITRATESS FOS THE MJLIRIALS TARY HEA OR © O INVENTED SMOKELESS EXPLOSIVES, AND MATERIALS FOR MARINE TORPEDOES, SLIT THESE DID NOT SEE TJSE IN THE CIVIL WAR. AFTER THE WAR, HE MOVED 70 CORPUS CHRISTI, AND OPENED THE DERYEE AND BINGHAM DRUGSTORE, IN 1867; AFTER A YELLOW FEVER EPIDEMIC TOOK HIS SON, EMIL, AS WELL AS PHYSICIANS IN TOWN, WILLIAM EFFECTIVE ANTIESERTIC. HERES LATFRI REP ESENTED NUECINCLUDING ANFORES COUNTY AT THE WORLD COTTON EXPOSITION IN NEW ORLEANS IN 1885. HE WENT ON TO PUBLISH IMPORTANT GEOLOGICAL RESEARCH FOR THE STATE. DERYEE 15 REMEMBERED AS A MAJOR SCIENTIFIC LEADER IN TEXAS HISTORY. psamtm Cf nxt 341Y 61 „yxs �.AM. Ff"l1R.rY �+rR F. ya.s 1-�rfl�RP.., Y' rPt a19rl FPYJR loris-pyt rum J yht ...cow"- /! CP!- OFruPd !Bat dari• ye. -w, tw 1,rrd ,ti, i46 U. S. VETERANS OF THE ARMYOF OCCUPATION (1845-1846) LIES MIMONAI.. IS DEDICATED TO FIEF VF 1 LRAM BURIED JN OLD BAYVILW CLMETERY BUT WHOSE EXALT BURIAL LOCATIONS ARE UNKNOWN I OHM?,_-i_R.;ID. R. ELSE IBERCER, JOUR -FORREST, EL?R B. FORRE9 WU.LIFIf HR', HR0EL . HEI-IERmRfI, F1Ff1RS HERi1E0T,. RE/1BE01 rH INF 'CRY H 1LLUC;,: AucflTBRLD mor,cHflii:. FRIIRLP. DflPtEL H'. f71kjRPM,'R. -.. .. GRLL WR` RQ_4ERT 'RtC- HPR'75Of1; UHfl F SPRDERS:-ffiCHREF OTFILRR1.. ROBERT !N FA.N T R}. HicuPs, DHII EZ REO▪ OLI o, 110 -BPS fl1RRTM JOHFL i ILLER. DAVID-:'. STBTOf1. E IJRH W, ti FUP.O, JOHN S,0U1.Io/1 ,, 10ru1% 1E01/9115.,;LII'LLI1191 I!IR.ILL. HERBY . l„HESIIIiTH, SHERRY L, 11,7LLIPm W. '� RY, OFFRIAfF, WILLIHA 1,LICEIli3UHL, JOHR ','FRY muRFHY. PP.TRiCK HHOLY). J001 O. PUGH. JOHR'ID. H IT:PMPIFS. H.FOLDIHILSOO. JOSPPH'. '41.-°••Rl l[:I f Icy 1OCHA, HOCH. ¢7I DLL, JHfR[ RT11.L�<R� B'YPRS. 591011EL GE7'MEP. ORUUES.!NOUS BUJCHER., JOSEPH 2A6 fIL11-UY OULLE . J.11, -M. PLtEP. Wlt LIPIl1 _ .S* F 71 R,PD CLPRK; JU[t7 _ LAY JL EP.9 COOK. AUGU)TOS fl]PRCLLLis,- JI1HP F. EDGAR., JPfYES 1, RE1F0;1-1( H. P L'OlkU1 FOY. PRTRICK,' WARTIER, ULYSSES UJ. CHREY. WILLIAtfI YOuf1G. CHTILL HELLH1, FRARCIS UNKNOWN UNITS CHHITIAERS ERGEIlSPIFHt WEST To GOD,- triENRY MOTE PVT 8 TEXAS \NW ITRY CONFEDERATE ' AJ S ARMN 1832 AWG 8 tB62 r Pt el ef..r ..�.x °u - rk 44 a. • L.r. W....�t I 71.4 a rren mi. WeSt Hroc 1wa EAI fi'PAIrun tar !To Air* uprr"rz C 01.9 r +l • ra` rp F ca:4‘.16: � yh o. 1,.^ • Ike mo- ay r0 . 1.4"go. ._ Ids }y, ,'p,lv 0'4 �Qitk re - OF �1a • gip, p r a, Ira 'O • '4yI L``v 1'C Nfx MUQ f<� h [rt.) k h ia,g 1 IW' krr. - F3 re i h h. F b� tl 5 y ' Y �pl * ,.e� yy :... .6-0 • t4''' a{ I. ,r ria N, 05'''''a e w�hrJ '4 !teas wµ rr y* 1....-)4rCiv `.paid` r ...0 a. s foi M 3. �} 4. , �yy.u.: .a,Qam• v. y k�,�E1s- r . k *''" K.P. .' ba Q ° • ��6$,, C"R A 'te'" Id" IrrO tiy'�� I(,F ek..16r �+ h `' "`PrP"�..g,, a�[�i SiF" er 1-4 �{{ r ! 3 �` • • 4 A 3FAi▪ .v F g; •^ ilsl®R;{lo� I r ilik# �'` '7 ,.•',r CI 4r•. Q !. ,°. - a te'' kiiiii n s a! 'fir sw .r 43. Bayview Cemetery •.iYd'NT Lot 5 type _ AGENDA MEMORANDUM City Council Meeting of August 8, 2017 DATE: TO: August 1, 2017 Margie C. Rose, City Manager FROM: Alyssa M. Barrera AlyssaB@cctexas.com (361) 826-3356 Type B Corporation Review STAFF PRESENTER(S): Name Title/Position Department 1. Alyssa M Barrera Business Liaison City Manager's Office 2. Aimee Alcorn -Reed Assistant City Attorney Legal 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. BACKGROUND: On November 8, 2016, Corpus Christi voters approve a Type B Sales Tax at the expiration of the Type A Sales Tax. On January 31, 2017 staff gave an overview of the local sales tax programs, and initiated conversation with the council regarding the Type B Corporation. At that time, the Council directed staff to come back in August. This presentation reviews the process moving forward. LIST OF SUPPORTING DOCUMENTS: Presentation — Review of Type B Corporation and Next Steps DRAFT Certificate of Formation — Type B Corporation DRAFT Bylaws — Corpus Christi B Corporation Review Type B Corporation An Overview of Local Sales Tax Council Presentation August 8, 2017 Local Economic Development Toolbox • Economic Development Agreements • Ch 380 Local Government Code • Tax Abatements • Ch 312 Tax Code • Type A and Type B Sales Tax • Ch 501, 504, 505 Local Government Code • Industrial Districts • Ch 42 Local Government Code • Tax Increment Financing • Ch 311 Tax Code 1 Local Sales Tax Use in Texas' Largest Cities 0.02000 0.01800 0.01600 0.01400 0.01200 0.01000 0.00800 0.00600 0.00400 0.00200 0.00000 Houston San Dallas Austin Fort Worth El Paso Arlington Corpus Plano Laredo Antonio Christi ■ General Fund ■ 4A/4B ■ Sports & Community Venue • Municipal Development Street Maintenance & Repair ■ Metropolitan Transit Authority N City Transit Department Advanced Transportation District Crime Control District County 3 Timeline of Corpus Christi Sales Tax Years 1970 1975 1980 1985 1990 1995 7000 7005 7010 7015 7020 7025 7030 7035 Auth. General Sales Tax Cor . us Christi RTA Crime Control 10 Type A - Seawall 25 Type A - Arena 25 Type A - ED, Housing, Baseball 15 Type B - ED, Housing, Streets 20 4 Type A vs Type B Type A Type B Board of Directors 5 Members 7 Members Terms Term Limit Appointed By 2 Years (Staggered) Determined in Articles of Incorporation City Council 2 Years Determined in Articles of Incorporation City Council Removed by Council at Any Time Without Cause Yes Yes Approved Type B Ballot Language (2016) Replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one eighth of one percent sales and use tax (maintaining the current level of sales and use tax) to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code, to be effective for 20 years, with the use of the proceeds for: 1) 50% for economic development, specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; 2) Up to $500,000 annually on affordable housing; and 3) Balance of proceeds to be used for construction, maintenance and repair of arterial and collector streets and roads 6 Frequently Asked Questions • Who Administers & Oversees? • A Non -Profit Corporation • Must the City Create Separate Corporations? • Yes • Does City Council have to Approve Expenditures? • Yes • Can City Council Fund Certain Projects? • No • Can City Provide Services or Money? • Yes, but only if reimbursed Source: Section 4A and 4B Sales Tax — Riley Fletcher Basic Municipal Law Seminar — February 24, 2006 7 Public Hearing Requirement for 4B Projects The required Public Hearing starts a 60 Day window, during which: • No Expenditures Can Be Made • Public can submit petition with 10% of voters to request an election. • Election not required if Voters have already approved Project or Type of Project. • If no action after 60 days, expenditures can be made. Steps to Creating Corporation • Voters Approve Tax • Canvass Election Results • Levy Tax • Appoint Board of Directors • File Certificate of Formation • Organizational Meeting • Adopt By -Laws \i Steps to Creating Corporation 1 Voters Approve Type B 2016 2017 FMAMJJASOND 2018 DJFMAMJJASONDJ 2 Canvass Election Results 3 Levy Tax 4 Draft By Laws Draft Certificate of Formation 5 Appoint Board 6 File Certificate of Formation 7 Organizational Meeting Adopt ByLaws 8 New Tax Begins Option A p ra 10 Next Steps • Received Direction from Council • Appoint Type B Board of Directors • Once Appointed, Board of Directors included in Certificate of Formation as approved by Council Resolution • Certificate of Formation filed with Secretary of State • Board Meets to approve By -Laws and Elect Officers 11 CERTIFICATE OF FORMATION OF CORPUS CHRISTI B CORPORATION THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § WE, THE UNDERSIGNED natural persons not less than three in number each of whom is at least 18 years of age and each of whom is a qualified elector of the City of Corpus Christi. Texas (the "City"), which is a duly established city under the Texas Constitution, acting as incorporators of a public instrumentality 'and nonprofit development corporation (the "Corporation") under the Development Corporation Act of 1979, as amended, do hereby adopt the following Certificate of Formation. The name of the Corporation is the Co = hristi B<®oration. ARTICLE II: AUTH i s_TIO The Corporats a nonprofit corporation under the Texas Non -Profit Corporation Act (the "Non -Profit Act" ) chapter 22 of the Texas Business Organizations Code, and a Type B corporation under the Development Corporation Act of 1979, Chapters 501-505 of the Texas Local Government Code (the "Act"), and shall be governed by Chapter 505 and other applicable provisions of said Act, as n9w exitting or as may be amended. ARTICLE III: DURATION The period of duration of the Corporation shall be until December 31, 2038. ARTICLE: IV: PURPOSE AND LIMITATIONS The Corporation is organized exclusively for the purposes of benefiting and accomplishing the public purposes of and acting on behalf of the City to undertake, maintain, and finance projects authorized through Proposition 1 on the election ballot for November 8, 2016. Said Proposition 1 is described in Section 7 of the City's Ordinance No 030930 (August 16, 2016) and was approved by the voters of Corpus Christi on November 8, 2016. As authorized by the voters of the City, the Corporation may expend monies as follows: (a) 50% of the annual funds may be expended on the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; (b) up to $500,000 annually may be expended on affordable housing; and (c) the remainder of the annual funds may be expended for construction, maintenance, and repair of arterial and collector streets and roads. With respect to said projects, the Corporation shall have all the powers of a corporation under Chapter 505 and other applicable provisions of the Act. All actions of the Corporation shall be taken in accordance with the provisions of the Act, with the advice and consent of the Corpus Christi City Council (the "City Council"). ARTICLE V: NO MEMBERS, NONSTOCK CORPORATION The Corporation has no members and is a nonstock corporation. ARTICLE VI: SALES TAX...,:;. Upon receipt from the City of the proceeds of the 505 of the Act, the Corporation may use the proceeds existing or as may be amended. Act. d use tax imposed under Chapter d hereby and by the Act as now ARTICLE VII: AMENDMENT This Certificate of Formation may be amended in accordance with the requirements of the ARTICLE VII 4_ERED ADDRESS/AGENT The address of the initial regired o''"ce of the Corporation is Corpus Christi B Corporation, City of Corpus Christi, P.O. Box 9277, Corpus Christi Texas 78469-9277. The name of its registered agent at such address is Rebecca Huerta, City Secretary, City of Corpus Christi. ARTIC IX: BOARD OF DIRECTORS (a) The affairs of the Corporation shall be managed by a board of directors composed of seven persons appointed by the :City Council. The term of three of the initial members of the board of directors shall expire September 30, 2017 and the term of the remaining four members shall expire September 30 2018. Thereafter the term of the directors shall be two years expiring on September 30V each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively unless such service is required to complete an unexpired term. Each director must be a resident of the City. (b) The names and street addresses of the persons who are to serve as the initial directors and the dates of expiration of their initial terms as directors are as follows: NAMES ADDRESSES Each director is and must be a qualified elector of the City. Each director including the initial directors shall be eligible for reappointment. Each director shall serve until a successor is appointed. Directors are removable by the City Council at any time without cause. (c) The directors shall serve without compensation but they may be reimbursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors shall be filled by ap ntment by the City Council of a person who shall hold office until the expiration of t (d) The board of directors shall elect a president, v officers that the City Council considers necessa`°'to se Corporation as more specifically provide the CorporatioW officer's office shall expire on SepteN of each year. Th designee, shall serve as executive dire `fe-,A serve as assistant secretary to provide ad t, secretary, and any other executive officers of the Bylaws. The term of each pity Manager, or f the Corporation and the City Secretary shall trative support services for the corporation. cries of the City. N eetings of the igs Act and the Texas Public ), tof the directors must be the governing body of the City. (e) The board shall conduct all meetings within th board of directors are subject as Open Information Act. f ' (f) Pursuant to Texas Local Governme7Kode persons who are not employees, offi ARTICLE X: INCORPORATORS The name and street address of each incorporator are ME Margie C. Rose Samuel Keith Selman Mark Van Vleck ADDRESS City Corpus Christi, City Hall 1201 Leopard, Corpus Christi, Texas 78401 City of Corpus Christi, City Hall 1201 Leopard, Corpus Christi, Texas 78401 City of Corpus Christi, City Hall 1201 Leopard, Corpus Christi, Texas 78401 ARTICLE XI: CITY COUNCIL APPROVAL The City has specifically authorized the Corporation by Resolution No. to act on its behalf to further the public purposes stated in said Resolution and in this Certificate of Formation and the City has by said Resolution on , approved this Certificate of Formation. ARTICLE XII: DIVIDENDS, PROHIBITED ACTIVITIES No dividends shall ever be paid by the Corporation and no part of its net earnings (beyond that necessary for retirement of the indebtedness of the Corporation or to implement its public purposes) shall be distributed to or inure to the benefit of its directors or officers or any private person, firm, corporation, or association, except in reasonable amounts for services rendered. Regardless of any other provisions of this Certificate of Formation, or the laws of the State of Texas, the Corporation shall not (1) permit any part of the net earnings of the Corporation to inure to the benefit of any private individual (except that reasonable compensation may be paid for personal services rendered to or for the Corporation affecting one or more of its purposes), (2) carry on propaganda or otherwise attempt to influence legislation, (3) participate in or intervene in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office, or (4) attempt to influence the outcome of any specific public election or to carry on directly or indirectly any voter registration drives. ARTICLE XIII: REMEDY UPON DET ATION OF FOUNDATION STATUS If the Corporation is ever determined to be a private foundation within the meaning of Section 509(a) of the Internal Revenue Code of 1986 as amended (the Code) the Corporation 1) shall distribute its income forach taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Code; 2) shall not engage in any act of self-dealing as defined in Section 4941(d) of the Code; 3) shall not retain any excess business holdings as defined in Section 4943(c) of the Code; 4) shall not make any investments in such manner as to subject it to tax under Section 4944 of the Code; and 5) shall not make any taxable expenditures as defined in Section 4945(d) of the Code. ARTICLE XIVT NATION Upon termination of the Corporation, the title to all funds and property owned by the Corporation shall be transferred to the City of Corpus Christi. Margie C. Rose Samuel Keith Selman Mark Van Vleck STATE OF TEXAS COUNTY OF NUECES I, the undersigned, a Notary Public, do hereby certify that on this day of personally appeared Margie C. Rose, Samuel Keith Selman, and Mark Van Vleck, who, each being by me first duly sworn, severally declared that they are the persons who signed the forgoing documents as incorporators, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my h year above written. d seal of office the day and tary Publide of Texas BYLAWS OF CORPUS CHRISTI B CORPORATION ARTICLE I: PURPOSE AND POWERS Section 1.1 Purpose. The Corpus Christi B Corporation (the "Corporation") is a Type B corporation established for the purposes set forth in its Certificate of Formation, acting on behalf of the City of Corpus Christi, Texas (the "City") as its duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979, Chapters 501-505 of the Texas Local Government Code, as amended (the "Act"), the Texas Non -Profit Corporation Act, Chapter 22 of the Texas Business Organizations Code, as amended (the "Non -Profit Act"), and other applicable laws. Section 1.2 Powers. In the fulfillment of its corporate purposes, the Corporation shall be governed by Chapter 505 and other applicable provisions of the Act, and shall have all the powers set forth and conferred in its Certificate of Formation, in the Act, in the Non -Profit Act, and in other applicable law, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. Section 2.1 ARTICLE II: BOARD OF DIRECTORS d Term of Office (a) The affairs e Corporation shall be managed and controlled by a Board of Directors (the "Board") under the guidance and direction of the Corpus Christi City Council (the "City Council") and, subject to the restrictions imposed by the law, by the Certificate of Formation, and by these Bylaws, the Board shall exercise all of the powers of the Corporation. Any projects undertaken using the funds of the Corporation will require the approval of City Council, in accordance with the Act. (b) Th&Board shall be c as laid out in the Corporation's (c) Any vacanc City Council of a person w osed of seven persons appointed by the City Council of the City 'ficate of Formation. �g on the board of directors shall be filled by appointment by the shall hold office until the expiration of the term. Section 2.2 Meetings of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at an available room at City Hall. Section 2.3 Quorum. A majority of the entire membership of the Board shall constitute a quorum to conduct official business of the Corporation. C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL A8050940\@BCL@A8050940.DOC Section 2.4 Conduct of Business. (a) The president shall be a voting member of the Board. (b) At all meetings of the Board, the president shall preside. In the absence of the president, the vice-president shall preside. (c) The secretary of the Corporation shall act as secret the absence of the secretary, the presiding officer may ap meeting. The City Secretary shall serve as assistant s services and official record keeping for the Corpora fall meetings of the Board, but in y person to act as secretary of the provide administrative support Section 2.6 Compensation of Directors. Directors shall s they may be reimbursed for their actual expenses incurred in the performa as directors. ARTICLE III: OFFICERS ithout compensation, but of their official duties Section 3.1 Titles and Terms of Office. The officers of the Corporation shall include a president, a vice-president, a secretary, and such other officers as the City Council may from time to time authorize. A majority of the directors shall elect the officers and fill any vacant offices. Terms of officers shall exp. •w:z";" September 30 of each year. Officers may be re-elected. Section 3.2 Powers and Duties of the President. The president shall be the presiding officer of the Corporation, and after approval by the Board, shall execute all contracts and other instruments in the name of the Corporation. Section 3.3 Vice -President. The vice-president shall exercise the powers of the president during that officer's absence or inability to.ect. Section 3.4 Secretary. The secretary or assistant secretary shall keep the minutes of all meetings of the Board and books provided for that purpose, shall give and serve all notices, may sign with the president in the name of the Corporation, and/or attest to the signature of the president, shall have charge of the corporate books, records, documents and instruments, except the books of account and financial records and securities, and such other books and papers as the Board may direct, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. All records of the Corporation are subject to the Texas Public Information Act. Section 3.5 City Manager's Office. The City Manager of the City, or designee, will serve as the Executive Director of the Corporation, provide administrative support services for the Corporation in accordance with section 5.6, and perform duties as prescribed by the Board and City Council. Section 3.6 Compensation. Officers, other than City staff, shall not receive any salary or compensation for those services, except that they may be reimbursed for the actual expenses incurred in the performance of those services. The Corporation shall reimburse the City for the time of all City staff officers in accordance with section 5.6. ARTICLE IV: FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 4.1 Contracts. No contract or other transaction between the Corporation and any other corporation, person, or entity shall be executed unless the majority of the Board, who are present and approve such contract, are persons with no interest in such other person or entity. Board members are subject to the City's Code of Ethicshapter 2, Article V, of the City's Code of Ordinances. Section 4.2 Annual Corporate Budget. Prior to the commen nt of each fiscal year of the Corporation, the Board shall adopt a proposed budge .expected rte? es and proposed expenditures for the next ensuing fiscal year. The bud e l of be effectivl the same has been approved by the City Council. ... s ,,,A Section 4.3 Books, Records, Audits. (a) The Corporation shall keep and properly maintain, in accance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. (b) The books, records, accounts, and financial statements of the Corporation shall be maintained for the Corporation by the accountants and other staff of the City. (c) The Corporation's books, records, accounts, and financial statements shall be audited at least once each fiscal year by an outside, independent auditing and accounting firm selected by the City Council. Such audit shall b -t the expense of the Corporation. Section 4.4 DeposiInvestment of Corporation Funds. (a) All proceeds from loans or from the issuance of bonds, notes, or other debt instruments ("Obligations") issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance. (b) Subject to the requirements of contracts, loan agreements, indentures, or other agreements securing Obligations, all other monies of the corporation, if any, shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Finance Department of the City. Section 4.5 Expenditure of Corporate Money. The sales and use taxes collected pursuant to the Act and any proceeds deriving therefrom, including proceeds from the investment of funds of the Corporation and proceeds derived from the sale of Obligations, may be expended by the Corporation for its authorized purposes consistent with the Act. Section 4.6 Issuance of Obligations. No Obligations, including refunding Obligations, shall be authorized or sold and delivered by the Corporation unless the City Council approves such Obligations by action taken prior to the date of sale of the ob, • tions. ARTICLE V: MISCELLANEA IVISIONS Section 5.1 Principal Office. (a) The principal office and the registered office of the Corporation shall be the registered office of the Corporation specified in the Certificate of Formation. (b) The Corporation shall have and shall continuously designate a registered agent at its office, as required by the Act. Section 5.2 Fi . .. ear. The fiscal year of the Corporation shall be the same as the fiscal year of the City. Section 5.3 Seal. The sed: of the Co - a `ation shall be determined by the Board. Section 5.4 Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and delivered to the City Secretary, and shall take effect upon appointment of a successor. Section 5.5 Approval or Advice and Consent of the City Council. To the extent that these bylaws or the Certificate of Formation refer to any approval by the City or refer to advice and consent by the City Council, such advice and consent shall be evidenced by a certified copy of a resolution, ordinance or motion duly adopted by the City Council. Section 5.6 Services of City Staff and Officers. The Corporation shall pay for all services provided to the Corporation by City staff. Subject to the authority of the City Manager under the Charter of the City, the Corporation shall utilize the services of the staff and employees of the City. All requests for staff time or inquiries of staff will be requested through the executive director of the Corporation. The Corporation shall pay reasonable compensation to the City for such services, and the performance of such services shall not materially interfere with the other duties of such personnel of the City. Reasonable compensation for services provided by City staff, including City staff serving as an officer for the Corporation, is the amount determined by the allocation study conducted annually for the City. Section 5.7 Indemnification of Directors, Officers and Employees. (a) As provided in the Act, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its Officers, and its employees and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys' fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. ARTICLE VI: EFFEC , ATE, AMENDIVTS Section 6.1 Effective Date. These byl the following events: hall be e effective upon the occurrence of (1) the approval of these bylaws by th ity Counc (2) the adoption of the bylaws by the Board. Section 6.2 Amendments to Bylaw with the requirements of the Act. ese byla— y be amended only in accordance