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HomeMy WebLinkAboutAgenda Packet City Council - 02/13/2018 Cit of Cor us Christi 1201 Leopard Street o� `uCorpus Christi,TX 78401 f r , cctexas.com ' ' Meeting Agenda - Final ap'141YgV'xi;V City Council Tuesday, February 13,2018 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 Pastor Brian Hill, First Baptist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Keith Selman, Assistant City Manager. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0206 Proclamation declaring February 2018, "Black History Month". Proclamation declaring National League of United Latin American Citizens (LULAC) Week, February 11-17, 2018. Proclamation declaring February 13, 2018, "Love Your Heart Day". Proclamation declaring the week of February 18-24, 2018, "National Engineers' Week". City of Corpus Christi Page 1 Printed on 2/12/2018 City Council Meeting Agenda-Final February 13,2018 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. 18-0229 CONTRACT MANAGEMENT Attachments: 00-Contract Management b. OTHER G. MINUTES: 2. 18-0204 Regular Meeting of January 30, 2018 and Workshop Meeting of January 23, 2018. Attachments: Minutes-January__302018 Minutes-January 23, 201_8 Workshop H. BOARD &COMMITTEE APPOINTMENTS: 3. 18-0207 Civil Service Commission Civil Service Board Committee for Persons with Disabilities Corpus Christi Regional Transportation Authority Leadership Committee for Senior Services Attachments: Civil Service Commission Civil Service Board Committee for Person with Disabilities Leadership Committee for Senior Services Corpus_Christi Regional Transportation_Authority 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. City of Corpus Christi Page 2 Printed on 211212018 City Council Meeting Agenda-Final February 13,2018 J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 - 16) 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. 18-0120 Resolution authorizing submission of grant application to the State for funding available under the Victims of Crime Act (VOCA) Fund to continue the Victim Outreach Program Resolution authorizing submission of grant application for $216,469.70 to the State of Texas, under the Victims of Crime Act with city match of $13,637.43 cash and $40,480 in-kind services. Attachments: Agenda memo VOLA Outreach application 01.30.2018 City of Corpus Christi Page 3 Printed on 2/12/2018 City Council Meeting Agenda'Final February 13.3O10 Resolution -VOCA GRANT 2018 5. 1R8-8.C21i Resolution authorizing submission ofgrant application to the State for funding available under the Violence Against Women Act (VA6MA) for prevention ofviolence against women Resolution authorizing submission ofgrant application for $54.339.42to the State of Texas under the Violence Against Women Act with city match of$14.00Ocash and $8.28Oin-kind services. Attachments: Agenda-MemoVAWAapplication 01.30.2018 Resolution -VAWA GRANT 2018 6' 1D8-0y41i Five-year Subscription Service Agreement for database software for Risk Management Resolution finding that the purchase ofaclaims database system for the Risk Management Division iaasole source procurement; and authorizing a five-year service agreement with Reoordab|ea. Inc. of Venice, Florida, for atotal amount not toexceed $97.437.25. Attachments: Agenda Mem -Claims Database Resolution Sole Source-Claims Database System Se[yj��t 1499 Claims Database for RiLk Management 7' 1R8-{X}42 Construction contract for Barge Dock Improvements (Rebid) (Type A Funds) Motion authorizing aconstruction contract with Grace Paving and Construction, |no.. ofCorpus Christi, Texas, inthe amount of$553.199.17 for the Barge Dock Improvements (Rebid) project for the total base bid plus additive alternates 1 and 2 (TypeA Funds). Attachments: Agenda-Memo- BaL e Dock ProLectBudget_-Barge Dock Letter of Recommendation- Barge Dock.pdf 8' 1R8-8067 Service Agreement for HVAC Service and Repair for a one-year not to exceed $66,7OO, with two additional one-year options and atotm| potential multi-year amount of$2OO,1OO Motion authorizing a service agreement with Rapid Air ofCorpus Chriad, Texas toprovide HVAC services and repairs for Corpus Christi Fire Department for atotal amount not toexceed $OO.7OOfor aterm ofone year with the option toextend for two additional one-year periods for apotential multi-year amount of$2OO.1OO. City v,Corpus oouoo Page Printed vnuxuzmo City Council Meeting Agenda'Final February 13.3O10 Attachments: Agenda Mem -HVAC ServiceL& Re2airs for CCFD 9' 1K8-{yK}0 Supply Agreement for 36 months for gate valves for the Utilities Department Motion authorizing a 36-nnonth supply agreement with G jeake. Inc., of Houston, Texas, for Gate Valves for the Utilities Department for atotal amount not toexceed $3O2.589.54. Attachments: Agenda Mem -Gate Valves Bid Tabulation-Gate Valves Supply Agree ent-Gate Valves 10. 1R8-{ 1{05 Service Agreement Amendment No. 1 for Continual Rental ofOne Komatsu Dozer for Solid Waste Operations Motion authorizing the City Manager, ordesignee, toexecute Amendment No. 1 to Service Agreement No. 52422 with Waukesha-Pearce Industries, LLC. of Oa||aa. Texaa, for the rental of one Komatsu dozer for Solid Waste Operations for an additional six-month term, as required for public health and safety, for anot toexceed amount of$49.O5Ofor arevised total agreement amount not toexceed of$91.525. Attachments: Agenda-Memo-Continual Rental Dozer SW Price Sheet-Continual Rental Dozer SW Amendment No. 1 -SA52422 Dozer SW 11. 1R8-8. 1K5 Second Reading Ondinanoe - Rezoning property located at 901 Airline Road (Tabled 1/23/18) (1stReading 1/3O/18) Case No. 0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors change ofzoning from the ''[}N^ Neighborhood Office District and the ''CN-1^ Neighborhood Commercial District to the "CG-2" General Commercial District. The property is described as being Koo|aide. Block O. Lots 24 and 25 |eaa portion to right-of-way and Lot 26, located atthe intersection ofAirline Road and Go||iharRoad, north of McArdle Road and south ofSouth Alameda Street. Planning Commission and Staff Recommendation (November 15, 2017): Denial of the change of zoning from the "ON" Neighborhood Office District and the ''CN-1^ Neighborhood Commercial District tothe ''CG-2^ General Commercial District, in lieu thereof approval ofthe ''CN-1XSP^ Neighborhood Commercial District with a Special Permit (SP)with conditions. City v,Corpus oouoo Page Printed vnuxuzmo City Council Meeting Agenda-Final February 13,2018 Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), by changing the UDC Zoning Map in reference to the property described as Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0717-01 Alrich Enterprises, DBA Richard Sanchez Motors& BE Ordinance 0717-01 Special Permit Alrich Enterprises with Exhibit Ordinance 0717-01 Alrich Enterprises with Exhibit rev Presentation 0717-01 Alrich Enterprises, DBA Richard Sanchez Motors& Ben Zoning Report 0717-01 Alrich Enterprises Inc, Richard Sanchez Motors with E; 12. 18-0122 Second Reading Ordinance -Appropriating funds for repairs to radio tower(1st Reading 1/30/18) Ordinance appropriating $14,439.73 from Radio System Capital Replacement Reserve Fund for repairs to radio tower site transmission lines; amending FY18 operating budget. Attachments: Agenda memo- radio capital replacement funds 01.30.2018 Ordinance-Appropriating Radio Replacment funds 2018 13. 18-0049 Second Reading Ordinance -Closing utility easement located at 4002 and 4018 South Padre Island Drive (1st Reading 1/30/18) Ordinance abandoning and vacating 0.0446 acre of an existing utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive and requiring the owner, Weber Dorado Partners, LLC., to comply with the specified conditions. Attachments: Agenda Memo-Geo J Merriman Ordinance with Exhibits-Geo J Merriman Presentation-Geo J Merriman Legistar 14. 18-0048 Second Reading Ordinance -Approval of agreement and appropriating funds for AEL Development, LLC, for the Wastewater Collection Line Extension Construction and Reimbursement Agreement (1st Reading 1/30/18) Ordinance authorizing City Manager or designee to execute a wastewater City of Corpus Christi Page 6 Printed on 2/12/2018 City Council Meeting Agenda'Final February 13.3O10 collection line extension construction and reimbursement agreement ('Aoneennent^)with AELDevelopment, LLC. (''Oeve|oper'). for the construction ofasanitary sewer collection line and appropriating $52.514.9Ofrom the No. 422OSanitary Sewer Collection Line Trust Fund bzreimburse the Developer inaccordance with the Agreement. Attachments: Agenda Mem Airline Estates Ordinance with Exhibits Presentation-Airline Estates Legi tar 15' 1R8-01{03 Second Reading Ondinanoe -Appnopriatingfundsto purchase two Roll-off Trucks for Solid Waste Operations (1stReading 1/3O/18) Ordinance appropriating $17O.339.34from the Unreserved Fund Balance inthe Fund 511OFleet Maintenance Service Fund; transferring said funds toand appropriating inFund 42OOWastewater Fund; amending the F`y2O17-18operating budget adopted byOrdinance Number O31255to increase revenues and expenditures; and approving the purchase oftwo Peterbilt roll off trucks from Rush Truck Centers of Texas, L.P.. of New Braunfels, Texas, through the Houston Galveston Area Council of Governments purchasing cooperative, for anamount not toexceed $396.960.00. Attachments: Agenda Mem - Rolloff Trucks for Solid Waste Operations ey'd Ordinance- Roll Off Trucks for Solid Waste Price Sheet- Roll Off Trucks 16' 1R8-01{04 Second Reading Ordinance -for the Installation ofplayground equipment atA|mmanza, Breckenridge and K0idd|eooffParks (1st Reading 1/30/18) Ordinance appropriating $O4.7O9.27from the No.1020Genera| Fund unreserved fund balance for the purchase and installation ofplayground equipment at Almanza, Breckenridge and Middlecoff Parks; amending the F`y2O17-18operating budget adopted byOrdinance Number O31255to increase expenditures by $O4.7O9.27; and approving the purchase ofthe said equipment and installation from The P|ayVVe|| Group, Inc. and P|ayVVorka. Inc., of Dallas, Texaa, for an amount not to exceed $251.933.00. via Buyboand. Attachments: Ordinance- Playground Eguip an Installation Almanza, Bareckenridge and Mi Price Sheet- Playground Eguip a d Installation for Parks.x1sx Photo Exercise Eguipment- Breckenridge Park City v,Corpus oouoo Page Printed vnuxuzmo City Council Meeting Agenda'Final February 13.3O10 Photo__Plgyground_-Un'it_-_Almanza___Breckenridge,__and__Middlecoff Parks Service__Aqreement_1497_-__PlMround__Eguipment and Poured-In-Place -Almam Service__Aqreement_1505_-__PlMround__Eguipment and Tile Fall Zone-Middlecof Service__Aqreement_1504_-__PlMround__Eguipment and Poured-In-Place -Brecke L. RECESS FOR LUNCH The City Council will take alunch break adapproximately/:3Np.m. M. PUBLIC HEARINGS: (ITEMS 17 - 19) 17' 1D8-{y[71i Public Hearing and First Reading Ordinance -Rezoning Property located at 2882 Holly Road Case No. 0118-02 ERF Real Estate, Inc. A change of zoning from ''RG-O^ Single-Family O District tothe ''CN-1^ Neighborhood Commercial District. The property is located at 2882 Holly Road and described as being a 5.512 acre tract out ofLot 4. Section 3, Bohemian Colony Lands, located on the northeast corner ofHolly Road and Richter Street, west ofKoatoryz Road, and east of Ayers Street. Planninq Commission and Staff Recommendation (January 10, 2018): Approval of the change of zoning from the ''RG-O^ Single-Family O District to the ''CN-1^ Neighborhood Commercial District. Case No. O118-O2: Ordinance rezoning property atornear 2882Holly Road from "RG-O" to "CN-1" and amending the Comprehensive Plan. Attachments: Agenda Mem 0118-02 ERF Real Estate, Inc Ordinance 0118-02 ERF Real Estate with Exhibits Presentation 0118-02 ERF Real Estate Legista Zoning Report 01 8-02 ERF RealEstate with Exhibit Revised 18. 1R8-8.[72Public Hearing and First Reading Ordinance -Rezoning fora Property located at1645Clare Drive Case No. 1217-01 Rey Ramos: Achange ofzoning from ''RG-O^ Single-Family O District tothe ''RM-1^ Multifamily 1 District. The property is located at 1645 Clare Drive and described aaVVood|avvn Estates, Block 5, Lot 1. located on the north aide of Williams Orive, east of Airline Road, and west ofRodd Field Road. City v,Corpus oouoo Page Printed vnuxuzmo City Council Meeting Agenda'Final February 13.3O10 Planninq Commission and Staff Recommendation (January 10, 2018): Approval of the change of zoning from the ^RG-O^ Single-Family O District to the ''RM-1^ Multifamily 1 District. Case No. 1217-01: Ordinance rezoning property at 1645 Clare Drive from ^RG-6" to "RM-1" and amending the Comprehensive Plan. Attachments: Ordinance 1217-01_Rey Ramos with Exhibit Presentation 1217-01 Rey Ramos Legistar Zoning Report 1217-01 Rey Ra os with Exhibits 19. 1R8-8.p49 Public Hearing and First Reading Ordinance -Rezoning property located at 8101 Slough Road (Tabled 1/30/18) Case No. 1217-02 Dorsal Development, LLC. Achange ofzoning from "FR" Farm Rural District tothe ''RG-4.5^ Single-Family 4.5 District. The property is described as being a 19.398 acre tract ofland, more or less, a portion ofLot 8. Section 25 and a portion of Lots 1 and 2. Section 34, Flour Bluff and Enoina| Farm and Garden Tracts, located north of Yorktown Boulevard, east ofRodd Field Road, and west ofRoaoher Road. Planning Commission and Staff Recommendation (December 13, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RG-4.5^ Single-Family 4.5 District. Ordinance amending the Unified Development Code (''UOC^), upon application by Dorsal Development, LLC. ("Owner"), bychanging the UDC Zoning Map in reference bzthe property described as being a 19.398 acre tract ofland, more or |eaa, a portion ofLot 8. Section 25 and a portion of Lots 1 and 2. Section 34, Flour Bluff and Enoina| Farm and Garden Traota, from the "FR" Farm Rural District to ''RG-4.5^ Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing fora repealer clause and publication. Attachments: Agenda Mem 1217-02 DorsLI Development, LLC. Ordinance 1217-02 Dorsal Developme_nt LLC. with Exhibits Presentation 1217-02 Dorsal Development_LLC.Legista ZoningReport 1_217-02 Dorsal Development,_LLC. with Exhibit N. REGULAR AGENDA: (ITEMS 20 -21) The following items are motions, resolutions and ordinances that will boconsidered and City v,Corpus oouoo Page Printed vnuxuzmo City Council Meeting Agenda'Final February 13.3O10 voted on individually. 20. 1R8-8.C23 Resolution authorizing submission ofgrant application to the State for funding eligible under the FY 2O17Body-Worn Camera Program Resolution authorizing submission of grant application for $265,116 to the State ofTexas under the F`y2O17Body-Worn Camera Program with city match of$15.00Ocash and $51.279in-kind services. Attachments: Revised Resolution -FY 2017 Bodj-_Worn Camera Program-2018(l) Agenda memo Body Cams application 01.30. 018 21. Ordinance appropriating $336,96Ofrom the Hotel Occupancy Tax Fund for the Rediscover Corpus Christi and the Coastal Bend Advertising Campaign Ordinance appropriating $33O.9OOfrom the Hotel Occupancy Tax Fund for the Rediscover Corpus Christi and the Coastal Bend Advertising Campaign; amending the F`y2O17-18operating budget; and declaring an emergency. Attachments: 0. FIRST READING ORDINANCES: (ITEMS 22 -25) 22. 1R8-0126 First Reading Ondinanoe -Authorizing a Ten-Year Lease Agreement for 1621 N. Mesquite Street (28-Day Delay Required) Ordinance authorizing the City Manager ordesignee toexecute aten-year lease agreement with The Corpus Christi Ballet for the property located at 1621 N. Mesquite Street inconsideration ofmonthly rental payment of $400.00. Attachments: Ordinance for CC Ballet lease Lease-CC Balletsi_qned, 23' 17-15iK0 First Reading Ondinanoe -Appnopriatingfundsfrommsa|e of Park properties into the Community Enrichment Fund for park improvements Ordinance appropriating $1.788.5OO.1O from sale ofpark properties into the Community Enrichment Fund for park improvements and related projects. City Council Meeting Agenda'Final February 13.3O10 Ordinance-Appropriation- Park ale Funds Exhibit A-ApgroLriafion- Park Sale Funds 24. 1R8-8.p45 First Reading Ordinance -Appropriating funds for Municipal Court Building Security Ordinance appropriating $27.347.83from the unreserved fund balance in the No. 1035 Municipal Court Security Fund for Security Guard Services; amending F`y18Operating Budget. Attachments: Agenda Memo Fund Appropri tion 011918 Ordinance-Appropriating Securit Guard Funds 2018 Full.y Executed Amendment No. 1 Deacon 10 Full.y Executed Amendment No. 2 COF Support 18-0 45 TB1 035 25' 1R8-0170 First Reading Ondinanoe -Appnovingthe Amendments tothe Tax Increment Reinvestment Zone #2 Amended Project and Finanoing Plans Ordinance approving the amendments to the Tax Increment Reinvestment Zone #2 amended Project & Financing Plans approved by the Board of Directors ofReinvestment Zone Number Two, Corpus Christi, Texas. Attachments: Ordinance-TIRZ 2 Project Plan 1.30.18 Copy of SIX PACK PROJECTS 12.27.17 P. FUTURE AGENDA ITEMS: (ITEMS 26 -36) The following items are for Council's informational purposes only. Noaction will botaken and nopublic comment will bosolicited. 26' 1R8-0%20X0 Periodic Ethics Training for Governing Body Resolution amending the City Council policies toadd aperiodic ethics training. Attachments: Agenda Mem - Ethics TrainiM Resolution -Ethic 27. 1R8-0174 SungandPublic Sector Software Renewal for reduction ofservices Motion authorizing reduced software support services from Superion, LLC (formerly, SunGard Public Sector, Inc.) and execution of new 12-month access fee agreement for $57.00Owith one option toextend for an additional 12-month period fora potential multiyear amount not to exceed $114,000. City v,Corpus oouoo Page 11 Printed vnuxuzmo City Council Meeting Agenda'Final February 13.3O10 Attachments: Agenda mem - HTE 1 29 18.docx Agreement 12 6LG-1 70108 S 28. 1R8-8.K06 Resolution for a Service Agreement for TRAK Fuel Management System Resolution authorizing aone-year service agreement with TRAK Engineering. Inc. of Tallahassee, Florida, aaasole-source and captive replacement part vendor, for maintenance of the fuel management system for atotal amount not toexceed $7.553. with nine one-year options for a potential multi-year amount of75.53O. Attachments: ServiceAgreement TRAK 01 12 18 with attachment final 29. 1D8-0y43� Wrecker Services for City Owned Vehicles and Equipment (Light Vehicles) Motion authorizing a3O-nnonthservice agreement with ORR & RG |no.-dba Apollo Towing ofCorpus Christi, for wrecker services for City-owned vehicles and equipment for atotal amount not toexceed $32O.002.5O. Attachments: Agenda-Memo-Wrecker Services for CityOwnedVehides.. Bid Tab-Wrecker Services for City_Q2LEed Vehicles- Se[yj��t-Wrecker Services for City wned Vehicles 30' 1R8-8061i Service Agreement for Truck Rentals for Water and Gas Departments Motion authorizing a12-nnonthservice agreement with PVRentals of Corpus Christi, Texas for the rental of13trucks for the Water and Gas Department, via BuyBoard. for anamount not toexceed $171'52O. Attachments: Agenda Mem -Truck Rentals Price Sheet-Truck Rentals Se[yj��t -Truck Rentals 31' 1R8-0134 Two Year Supply Agreement for Sodium Chlorite Solution for the 0. yd. Stevens Water Treatment Plant for anamount not to exceed $1,4O4,OOO, with two additional one-year options and atotm| potential multi-year amount of$2,8O8,OOO Motion authorizing a supply agreement with International Oioxoide. Inc., of North Kingstown, Rhode Island for the purchase of sodium chlorite solution for a total amount not to exceed $1,404,000 for a term of two years, with an option toextend for two additional one-year periods; with atotal potential multi-year amount of$2.8O8.00O. City v,Corpus oouoo Page 12 Printed vnuxuzmo City Council Meeting Agenda'Final February 13.3O10 Attachments: Agenda Mem -Sodium Chlorite Solution Bid Tabulation-Sodium Chlorite Solution Supply Agree ent-Sodium Chlorite Solufion.pdf 32' 1K8-00K83 Supply Agreement for Meter Boxes and Lids Motion authorizing a3O-nnonthsupply agreement with Ferguson Enterprises |no.. ofCorpus Christi, Texas for Meter Boxes and Lids for the Utilities Department for atotal amount not toexceed $289.294.72. Attachments: Agenda-Memo- Meter Boxes and Lids Bid Tabulation- Meter Boxes and Lids Supply Agree ent- Meter Boxes and Lids.pdf 33. 1R8-8.C28 Service Agreement for Solid Waste Operations for Household Hazardous Waste Disposal for 36-mmonthsatanot to exceed amount of$491,118.75, with two one-year options and atotm| potential multi-year amount of$818,531.25 Motion authorizing a3O-nnonthservice agreement with Green Planet, Inc., of Royse, Texas for household hazardous waste disposal for a total amount not toexceed $491.118.75. with two one-year options for atotal potential multi-year amount of$818.531.25. Attachments: Agenda Mem - Household Hazardous Wast Bid Tabulation- Household Hazardous Waste... 34' 1R8-{ 1{5i Resolution insupport ofanAffordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Urban Development (TDHCA) Resolution ofthe City Council ofthe City ofCorpus Christi, Texas in support ofthe proposed affordable housing project knovvnaaTheAvandat Greenwood tobedeveloped byAvandatGreenwood, LP. Attachments: Agenda Mem -Avanti at Greenwood Resolution -Avanti at Greenwood 35. 1R8-8.K96 Resolution insupport ofanAffordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution ofthe City Council ofthe City ofCorpus Christi, Texas in support ofthe proposed affordable housing project knovvnaaCaaaOe Manana Apartments tobedeveloped byTG11O. Inc. City v,Corpus oouoo Page 13 Printed vnuxuzmo City Council Meeting Agenda-Final February 13,2018 Attachments: Agenda Mem -Casa De Manana Resolution -Casa De Manana 36. 18-0197 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Village at Greenwood to be developed by TG 110, Inc. Attachments: Agenda--Memo_-_Village atGreenwood Resolution_-Village atGreenwood Q. BRIEFINGS: (ITEMS 37 -39) 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. 37. 18-0224 World Sailing 2018 Youth Worlds Attachments: Agenda Memo-World Sailing 2018 38. 18-0184 Discussion of potential new TIRZ on North Beach Attachments: Agenda Mem - Discusson on creation of TIRZ#4 Presentation-TIRZ 4 DRAFT 01.09.18 39. 18-0113 Proposed Annexation Policy Update Attachments: Agenda--Memo-Annexation Policy Briefing Presentation-Proposed_Annexation Policy Council_Briefing Exhibit A_jCorpus Christi Draft ProposedAnnexationPalicy Exhibit Q-Draft Voluntary Annexation Application R. EXECUTIVE SESSION: (ITEMS 40 -43) 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. 40. 18-0005 Executive Session pursuant to Texas Government Code § 551.071 City of Corpus Christi Page 14 Printed on 211212018 City Council Meeting Agenda-Final February 13,2018 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to negotiations and potential litigation with the U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, Texas Attorney General, and/or U.S. Department of Justice concerning the City's sanitary sewer system and/or water system, including consideration of fees for attorneys, engineers, and other expert witnesses assisting in defense of potential lawsuit(s). 41. 18-0217 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, including potential grants for desalination facilities, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, 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, and potential creation of entities that could provide or assist in the provision of the aforementioned services, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential contracts for the provision of water to said business prospect(s). 42. 18-0222 Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the provision of incentives pursuant to any previously executed or proposed economic development/ business incentive agreement(s) between the City and/or related entities and Upper Padre Partners, LP, Gulf Shores Ventures, and/or North Padre Waterpark Holdings, Ltd. and/or past or present affiliates, creditors or shareholders of any of the aforesaid entities, possible development agreements or other funding mechanisms related to the construction of Park Road 22 bridge and related infrastructure, including, but not limited to, bridges, culverts, canals, sewers, mains, lift stations, pump stations, revetments, pilings, and ditches, 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 City of Corpus Christi Page 15 Printed on 2/12/2018 City Council Meeting Agenda-Final February 13,2018 and/or deliberate possible economic development issues concerning said business prospect(s). 43. 18-0203 Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. S. 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. T. ADJOURNMENT City of Corpus Christi Page 16 Printed on 2/12/2018 Contract Management Update Council Presentation February 13, 2018 Background ■ Recap last presentation November 2017 ■ Upwards of 650 contracts annually approved by Council ■ Allowing Contract Options create efficiencies ■ City Manager has authority to execute the options ■ Options are at the sole option of the City to exercise ■ Vendor/Contractor not guaranteed the option but makes contracts more attractive ■ Decentralized method of tracking/management Updates ■ Agenda Memo Improvements ■ Options and potential total contract value are clearly outlined for transparency ■ Improved Visibility to Council ■ Moving away from repetitive one time purchase orders to longer term Service/Supply Agreements to increase efficiencies :u Continuous Improvements ■ Working to create a section in the annual budget dedicated to existing and proposed contracts amounts and terms ■ Moving to 2-5 year agreements to allow better contract economy ■ Establishing more training for departments on Contract Management ■ Developing a centralized tracking database in Infor Contract Manager ■ Flexibility exists to amend options on specific Agenda items on the floor if there is a concern ■ Certain thresholds could be established like $500,000 for non-construction items and over $2 million for construction, or an amount comfortable to Council, for option items to return for approval �d �4 Questions? w 1201 Leopard Street City of Corpus Christi td� � Corpus Christi,TX 78401 �I b, 4 cctexas.com Meeting Minutes City Council Tuesday,January 30,2018 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 at 11:30 a.m. B. Invocation to be given by Pastor Kevin Jennings, Mt. Olive Lutheran Church. Mayor McComb gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Peter Davidson, Marina Superintendent. Marina Superintendent Peter Davidson led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose,Senior Assistant City Attorney Buck Brice,and City Secretary Rebecca L. Huerta. *City Attorney Miles K. Risley arrived at 12:02 p.m. City of Corpus Christi Page 1 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 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 E. Proclamations /Commendations 1. Proclamation declaring February 2, 2018, "National Wear Red Day". Commendation for Dr. Maria Luisa Garza - Honoring Her Career in Education. Commendation for the 83rd Annual Nueces County Junior Livestock Show Queen's Contest. Mayor McComb presented the proclamation and commendations. 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. Mandy Cox, 1601 Sea Oak Dr.;Alyce Oblad, 7721 Van Zandt Dr.; Tim Oblad, 7721 Van Zandt Dr.; Tom Cecil, 339 Baycliff Dr.;Jessica Barber,4380 Aaron;Alissa Meija,4302 Ocean; and Marilyn Broder, 13905 Flintlock Dr.; spoke regarding Agenda Item 31, Parks& Recreation Department Overview,and expressed the following concerns: consideration for splash pads,shade structures,and fences at City parks; maintenance and safety of playground equipment; and funding.Mirna Salinas,4609 Bluebelle,spoke regarding issues at Cunningham Middle School.Wendy Herman, 5325 Yorktown and on behalf of the Coastal Bend Homebuilders Association,spoke regarding Agenda Item 35,an update on the proposed annexation policy,and stated that the homebuilders and neighborhood developers are against the policy and recommended Option 3,directing staff to cease work on this item. Kendra Kinnison,425 Poenisch; Jim Kunau,802 S. Carancahua; Darcy Schroeder,409 Dolphin; Melody Brice, Embassy Suites;and Brad Lomax,309 N.Water St.; spoke regarding Agenda Item 30,a presentation from the Corpus Christi Convention and Visitors Bureau (CVB) related to ReDiscover Coastal Bend,and expressed support for the CVB's request to advance hotel occupancy tax(HOT) funding to market Corpus Christi as a tourist destination that is open for business after Hurricane Harvey. Robert Brisco,601 Miramar;Jim Rosenkild, 730 Brock; Sherry Rizzo, 513 Coral PI.; Theresa Casey,4217 Cott; Carrol Russel, 3552 Aransas St.;and Angela Luce,5318 Sugar Creek Drive; spoke regarding City of Corpus Christi Paye 2 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 Collier Pool including: chemical problems; bathroom ventilation; maintenance of facility; inadequate staffing at the facility;the continuous closure of the pool; and additional funding for aquatics.Judy Telge, 3554 Santa Fe and representing Bay Area Smart Growth,spoke regarding Agenda Item 35,an update on the proposed annexation policy,and expressed support for moving forward with the policy.Aislynn Campbell, 510 McClendon,spoke regarding the following: comments made at the Council meeting held on January 23, 2018 during the discussion related to the Bayfront Master Plan;and her support for the local downtown farmers market and community revitalization.Cheryl Martinez,3938 Surfside,spoke regarding Agenda Item 32,a briefing regarding Animal Care Services,including:the job description for the Animal Care Services Program Manager and various ordinances approved by the Animal Care Advisory Committee that have not be presented to City Council for consideration.Janette Parks Rankin, 13817 Gunwale,and Andrea Holley, 13854 Topsail,spoke regarding a proposed dog park at Aquarius Park and comments made during previous meetings by a citizen speaking in opposition to the project. Richard Troop,Corpus Christi Board of Realtors,spoke regarding the 2017 Annual Housing Report.Joe Hilliard,510 McClendon,spoke regarding the Bayfront Master Plan,the Shoreline Realignment project and urged the City Council to research how other cities have used parks to improve economic development,increase tourism,and enhance quality of life. Frank Arriaga,1045 Ponder,and Julie Roger, 1324 N.Mesquite,spoke regarding the Shoreline Realignment project and the stakeholders'resolution for the area. Barbara Baker, 334 Ohio Ave,spoke regarding Agenda Item 33,a briefing regarding Animal Care Services,including:addressing adequate funding and staffing; moving forward with suggestions made by the Animal Care Advisory Committee; a protocol for dealing with dog packs;and the spay/nueter program. Linda Gibeaut,410 Southern,spoke regarding Agenda Item 33,a briefing regarding Animal Care Services,and addressed the following: volunteers at Animal Care Services; public safety related to dangerous dogs; responsible pet ownership;and future ordinance changes. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. COLLIER POOL City Manager Rose stated that the purpose of this report is to provide information regarding Collier Pool. Director of Parks and Recreation Jay Ellington stated that the construction of Collier Pool is complete and presented a video of the completed project.Mr. Ellington listed the issues currently being addressed at Collier Pool:the chlorination and temperature of the pool water; bath house issues including: peeling paint,ventilation,an un-level concrete pad,heat and hand dryers not included in the project's scope, phone services connectivity issues; and hours of operation and staffing. Council members and staff discussed the following topics: management of pool operations; chemical issues related to the pool water;a council member's suggestion that council members visit the parks and pools in their districts; whether the old chlorinator was used at the new pool;funding for the project; the reason heating the pool was not included in the project scope;the number of pools in the City open year-round;the contractors for the project; City of Corpus Christi Page 3 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 accountability for the project; whether the project is under warranty; how often chlorine levels are checked;whether a stakeholders'meeting was held prior to construction of the project; peeling paint at the bath house;the lack of amenities at the facility;staffing levels and the challenges of using temporary employees at the pool;a plan for communicating pool closures to the public; the length of time needed to completely address the issues at the pool;the cost associated with heating the pool and adding hand dryers;whether Collier Pool's budget was reduced in FY2017-2018;a mechanism for rating vendors doing business with the City; lack of management;the use of Community Enrichment Funds to fund the heaters; chlorinated pools versus salt water pools; the contractor and costs associated with design of the pool;and on-staff management with aquatics experience. (Note: Mayor McComb recused himself during the report after becoming aware of a conflict of interest.) b. HEALTH PLAN UPDATE City Manager Margie C. Rose stated that the purpose of this item is to provide an update on the Health Plan. Director of Human Resources Steven Viera summarized the health plans as follows: Citicare is performing better than expected with expenditures at 9.5%below budget; Fire has a$550,000 loss in the first quarter,with a negative expenditure variance of 4%; and Police is within 1%of budget with an$88,000 loss to date.Mr.Viera provided the fund balances for each health plan and a graph of claims cost net of stop loss reimbursements for 24-month period.Staff continues to meet and work closely with both the Fire and Police Associations'leadership regarding their plan status. Both groups remain open to discussing and further investigating possible plan design changes that could help reduce their respective claims utilization. Council members and staff discussed the following: a council member's request to have staff provide a copy of presentations prior to receiving an update;the Fire health plan's loss of$550,000 in the first quarter;the Fire plan beginning the year underfunded by taking only a 12%increase rather than the recommended 24%; appreciation to the Corpus Christi Police Officers' Association for being proactive by implementing the Telemed program; participation in the Choice Plan and Value Plan for City employees;actuarial assumptions;evaluating the health plans during budget discussions; how the Police and Fire plans work;whether regular employees would have to compensate if there is a shortfall in the Police and Fire balances; and the impact to the City's budget. c. OTHER 1)According the the Corpus Christi-Nueces County Public Health District,there were 794 flu cases reported last week compared to 384 cases reported the same week in 2017. The Corpus Christi-Nueces County Public Health District still has flu shots available and is recommending receiving the flu vaccine if you have not received it. The flu shots have been offered to residents that are not insured or who are under-insured for a cost of$20 and no prescription is required.The Corpus Christi-Nueces County Public Health District is located at 1702 Horne Road.2) The Utilities Department is offering free dye tablets for residents who would like to inspect their toilets for leaks.A leaky toilet can City of Corpus Christi Page 4 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 waste up to 200 gallons of water per day.This opportunity allows homeowners and businesses to be proactive before the increase in water pressure due to the new elevated water storage tanks go on line this spring.The tablets are available at the City Hall information booth located at 1201 Leopard or at the Utilities Department located at 2726 Holly Road. City Secretary Rebecca L. Huerta announced that Mayor McComb and Council Member Hunter recused themselves from the City Manager's Comments related to Collier Pool;and Council Member Hunter recused himself from the City Manager's Comments related to the Health Plan update. G. MINUTES: 2. Regular Meeting of January 23, 2018. Mayor McComb referred to approval of the minutes. Council Member Lindsey-Opel made a motion to approve the minutes,seconded by Council Member Garza and passed(Council Member Hunter-absent). H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: R. EXECUTIVE SESSION: (ITEM 37) Mayor McComb deviated from the agenda and referred to Executive Session Item 37.The Council went into executive session at 2:37 p.m.The Council returned from executive session at 3:20 p.m. 37. Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues (including TCEQ and EPA regulations) related to reservation agreement(s) for recycled water, 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). Mayor McComb referred to Item 37 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 Smith made a motion to approve the motion,seconded by Council Member Garza.This motion was passed and approved with the City of Corpus Christi Page 5 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 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: M2018-022 L. RECESS FOR LUNCH The recess for lunch was held during the executive session regarding Item 37. M. PUBLIC HEARINGS: (ITEM 13) 13. Public Hearing and First Reading Ordinance -Rezoning property located at 901 Airline Road (Tabled 1/23/18) Case No. 0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. Herndon, Jr.: A change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The property is described as being Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street. Planninq Commission and Staff Recommendation (November 15, 2017): Denial of the change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP)with conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), by changing the UDC Zoning Map in reference to the property described as Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb deviated from the agenda and referred to Item 13. Interim Director of Development Services Bill Green stated that the purpose of this item is to allow for the operation of a used vehicle sales establishment.Mr. Green stated that the Planning Commission and staff recommended denial of City of Corpus Christi Page 6 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 the change of zoning from the"ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the"CG-2" General Commercial District,and in lieu thereof,approval of the"CN-1/SP" Neighborhood Commercial District with a Special Permit with conditions. Mayor McComb opened the public hearing. Richard Sanchez,applicant, thanked the City Council for considering the zoning change and stated that he was in agreement with the recommendation.Mayor McComb closed the public hearing. Council members and staff discussed the following: official notification sent to property owners instead of tenants residing at a property;and the fire station located across the street from the subject property. Council Member Rubio 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 K. CONSENT AGENDA: (ITEMS 3 - 12) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.A council member requested that Item 3 be pulled for individual consideration.Mayor McComb announced that he would be abstaining from Item 5.City Secretary Rebecca L. Huerta stated that staff is requesting to pull Item 12 for an amendment prior to second reading.There were no comments from the public. Council Member Garza made a motion to approve the consent agenda, seconded by Council Member Lindsey-Opel.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. Purchase of Five Utility Terrain Vehicles for Beach Operations Motion authorizing the City Manager, or designee, to purchase five Kubota RTV-X900G-A utility terrain vehicles for beach operations from Ewald Kubota, of Corpus Christi, Texas, based on Request for Bids No. 272 based on the lowest responsive, responsible bid for an amount of $80,585. City of Corpus Christi Paye 7 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 This motion was approved on the consent agenda. Enactment No: M2018-020 6. Resolution Directing Use of$3.4 Million Dedicated to Residential Streets (Council Priority -Streets) Resolution directing the City Manager to spend $3,400,000 for residential street reconstruction in accordance with Option No. 3 discussed at the December 19, 2017 City Council Meeting. This Resolution was passed on the consent agenda. Enactment No: 031348 7. Second Reading Ordinance -Accepting and appropriating a donation for the Corpus Christi Smoke Alarm Program (1st Reading 1/23/18) Ordinance authorizing the City Manager or designee to accept a donation from Walmart in the amount of$1,000 to be used to support the Corpus Christi Smoke Alarm Program; and appropriating $1,000 from Walmart into the Fire Grant Fund No. 1062. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031349 8. Second Reading Ordinance -Accepting and appropriating the 2017 Helping Heroes Grant Program funds (1st Reading 1/23/18) Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2017 Helping Heroes Grant Program in the amount of$10,000.00 to be used to purchase a Hazardous Chemical Detector; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031350 9. Second Reading Ordinance -Construction Contract for Mary Rhodes Pipeline Protection Upgrade (Capital Improvement Program) (Council Priority -Water) (1st Reading 1/23/18) Ordinance rejecting the apparent low bid of Down South Field Services, Inc. as non-responsive and authorizing the City Manager to execute a contract with Integrated Corrosion Companies, Inc. of Houston, Texas as the lowest responsive/responsible bidder in the amount of$525,732.63 for the Mary Rhodes Pipeline Cathodic Protection Upgrades. City of Corpus Christi Paye 8 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 This Ordinance was passed on second reading on the consent agenda. Enactment No: 031351 10. Second Reading Ordinance - Lease Agreement for the 2018 Fiesta De La Flor Event(Council Priority - Economic Development) (1st Reading 1/23/18) Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB) for 2018 Fiesta de la Flor event and related activities to be held on April 13, 2018 and April 14, 2018, and allow use of streets bounded by Power Street, N. Water Street, Resaca Street and Shoreline Blvd. and including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031352 11. Second Reading Ordinance -Construction Contract for the Dr. Hector P. Garcia Park Hike and Bike Trail (Bond 2012) (1st Reading 1/23/18) Ordinance appropriating $264,000 of anticipated revenue from the Texas Department of Transportation in Fund No. 3280 for the Dr. Hector P. Garcia Park Hike and Bike Trail; changing the FY 2018 Capital Improvement Program Budget adopted by Ordinance No. 031249 to increase revenues and expenditures by $264,000; and authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting, LLC., of Corpus Christi, Texas in the amount of$305,106.60 for the Dr. Hector P. Garcia Park Hike and Bike Trail project for the base bid. (Bond 2012) This Ordinance was passed on second reading on the consent agenda. Enactment No: 031353 3. Homebuyer Assistance Program Amendment No. 1 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi Motion to approve an amendment to the agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program - Homebuyer Assistance Program and increasing expenditures in the Business and Job Development Fund No. 1140 by $100,000. City of Corpus Christi Paye 9 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 Mayor McComb referred to Item 3,approval of an amendment to the agreement with the Corpus Christi Business and Job Development Corporation (Type A Board)for the Type A Affordable Housing Program-Homebuyer Assistance Program. Director of Housing and Community Development Rudy Bentancourt and council members discussed the following:funding left over from the previous agreement; the number of individuals assisted by the funding; options to use the funds differently to assist more homebuyers;the median price per home;a request by a council member to provide a copy of the Type A bylaws to City Council; whether Type A is required to reimburse City staff for expenses;the process of how Type A projects are presented to the Type A Board and then City Council;the guidelines stating that the program provides up to$10,000 per applicant;the use of HOME funds and Type A funds simultaneously; the price range of homes and maximum purchase price; comments made during public comment stating that home prices continue to rise; concern that homeowners may not be able to pay taxes and insurance on property;and the requirement that homeowners own the property for five years. There were no comments from the public. Council Member Rubio made a motion to approve the motion,seconded by Council Member Garza.This motion was passed and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Vaughn Nay: 2- Council Member Hunter and Council Member Smith Abstained: 0 Enactment No: M2018-019 5. Construction Contract for Police Vehicle Impound Yard and Garage Phase 2 (Bond 2012, Proposition 7) Motion authorizing the City Manager, or designee, to execute a construction contract with Barcom Construction, Inc., of Corpus Christi, Texas in the amount of$779,279.78 for the Police Vehicle Impound Yard and Garage Phase 2 (Rebid) project for the base bid and additive alternate one. (Bond 2012, Proposition 7) Mayor Pro Guajardo referred to Item 5. Mayor McComb abstained from this item.There were no comments from the public. 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: 8- 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: 1 - Mayor McComb City of Corpus Christi Page 10 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 Enactment No: M2018-021 12. Second Reading Ordinance -Amending City Code to reflect the increase of employee's contribution toward dependent premiums (1st Reading 1/23/18) Ordinance amending Chapter 39 of the Corpus Christi Code of Ordinances to revise Article III. - EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM; providing for severance, publication, penalty, and an effective date. Mayor McComb referred to Item 12,amending Chapter 39 of the City's Code of Ordinances to reflect the increase in employees'contributions toward dependent premiums from 50%to 75%. Director of Human Resources Steven Viera stated that staff is requesting that the ordinance be amended prior to second reading to reflect a retroactive effective date of October 1,2017. Council Member Hunter abstained from this item.There were no comments from the public. Council Member Garza made a motion to amend Section 5 to reflect a retroactive effective date of October 1,2017,seconded by Council Member Vaughn and passed unanimously(Council Member Hunter abstained). Council Member Garza made a motion to approve the ordinance on second reading as amended,seconded by Council Member Rubio.This ordinance was passed on second reading 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 Abstained: 1 - Council Member Hunter Enactment No: 031354 M. PUBLIC HEARINGS: (ITEM 14) 14. Public Hearing and First Reading Ordinance -Rezoning property located at 8101 Slough Road Case No. 1217-02 Dorsal Development, LLC. A change of zoning from "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. The property is described as being a 19.398 acre tract of land, more or less, a portion of Lot 8, Section 25 and a portion of Lots 1 and 2, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located north of Yorktown Boulevard, east of Rodd Field Road, and west of Roscher Road. Planninq Commission and Staff Recommendation (December 13, 2017): City of Corpus Christi Page 11 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Dorsal Development, LLC. ("Owner"), by changing the UDC Zoning Map in reference to the property described as being a 19.398 acre tract of land, more or less, a portion of Lot 8, Section 25 and a portion of Lots 1 and 2, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 14.Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to allow for the construction of single-family residences. Mr.Green stated that the Planning Commission and staff are in favor of the zoning change. Council members and staff discussed the following: concern with additional traffic pressure on Slough Road;the proximity of the gun range on Starry Road to the subject property; concern with access to the subject property and the condition of Slough Road;whether the developer is required to make improvements to Slough Road;whether the applicant owns the adjacent property;access and transportation issues addressed during the preliminary platting process; regarding how the property will be used once City Council approves the zoning change; tying public improvements to a zoning change; reviewing the Unified Development Code(UDC) regarding multiple points of access and the design process;the current zoning of the subject property; the number of homes that will be added;Slough Road being included in the proposed Bond 2018; confirmation from staff that the subject property would have to access Yorktown Boulevard and not Slough Road because of a drainage ditch;the platting process approved by the Planning Commission; and the ability to include a condition that the developer must include a disclaimer to individuals purchasing property located close to the gun range. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing Council Member Lindsey-Opel made a motion to table this item to the City Council meeting of February 13,2018,seconded by Council Member Vaughn. This ordinance was tabled to the City Council meeting of February 13,2018 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 Nay: 1 - Council Member Hunter Abstained: 0 City of Corpus Christi Page 12 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 City Secretary Rebecca L. Huerta announced that Council Member Hunter abstained from Item 12. N. REGULAR AGENDA: (ITEM 15) 15. Second Reading Ordinance -Amending City Code of Ordinances, Revising the City's Drought Contingency Plan (Council Priority - Water) (1st Reading 1/23/18) Ordinance revising Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55, Article XII Water Resource Management, regarding water resource management including drought restrictions, providing an effective date of February 1, 2018; and providing for penalties. Mayor McComb referred to Item 15,amending the City's Code of Ordinance by revising the City's Drought Contingency Plan.Water Resources Manager Steve Ramos stated that staff provided a revised ordinance,based on comments received at the January 23,2018 Council meeting,retitling the drought response stages to reservoir system stages.The plan would still have four stages with the same recommendations triggering each stage.A council member discussed the revisions to the ordinance.There were no comments from the public. Council Member Rubio made a motion to amend the ordinance to change the effective date to February 8,2018 and to correct the date of last adoption of the Conservation Plan to May 28,2013;to amend the Ordinance and Drought Contingency Plan as follows: to change the terms"Drought stage","drought contingency stage",and "stage of a drought"to"Reservoir System stages";to change the term "level of drought"to"level of reservoir system"; to change the term "drought best management practices"to"Reservoir system best management practices"; to change the term "drought response"to"reservoir system response";to change the term "water use reductions during drought" to"water use reductions";and to change the term"drought surcharge"to "reservoir system surcharge";seconded by Council Member Garza and passed unanimously. Council Member Garza made a motion to approve the ordinance on second reading as amended,seconded by Council Member Rubio.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: 031355 O. FIRST READING ORDINANCES: (ITEMS 16 -21) 16. First Reading Ordinance -Appropriating funds for repairs to radio City of Corpus Christi Page 13 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 tower Ordinance appropriating $14,439.73 from Radio System Capital Replacement Reserve Fund for repairs to radio tower site transmission lines; amending FY18 operating budget. Mayor McComb referred to Item 16. Police Chief Mike Markle stated that the purpose of this item is to appropriate$14,439.73 from the Radio System Capital Replacement Reserve Fund to pay for repairs to the radio transmission towers damaged by Hurricane Harvey.In response to Mayor McComb,Chief Markle stated that the project is included in the request for FEMA reimbursement. There were no comments from the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Vaughn. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 17. First Reading Ordinance -Closing utility easement located south of Yorktown Boulevard between Malamute Drive and Bay Drive Ordinance abandoning and vacating 0.157 acre of an existing utility easement out of a portion of Rodd Village, Block 2, Lots 6,7,8,9 and 10, located south of Yorktown Boulevard between Malamute Drive and Bay Drive and requiring the owner, Hooten Family Trust and Thomas Nathan Clark, to comply with the specified conditions. Mayor McComb referred to Item 17.Interim Director of Development Services Bill Green stated that the purpose of this item is to vacate and abandon approximately 457 feet of an existing utility easement out of a portion of Rodd Village, Block 2, located south of Yorktown Boulevard between Malamute Drive and Bay Drive. The owner, Hooten Family Trust and Thomas Nathan Clark,recently replatted five plats into one plat. There were no comments from the public. In response to a council member, Mr.Green stated that he would research whether there was a public improvement district agreement for this property. 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 City of Corpus Christi Page 14 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 Abstained: 0 18. First Reading Ordinance -Closing utility easement located at 4002 and 4018 South Padre Island Drive Ordinance abandoning and vacating 0.0446 acre of an existing utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive and requiring the owner, Weber Dorado Partners, LLC., to comply with the specified conditions. Mayor McComb referred to Item 18.Interim Director of Development Services Bill Green stated that the purpose of this item is to vacate and abandon approximately 194 linear feet of an existing 10-foot utility easement on property located at the northeast corner of Weber Road and South Padre Island Drive.The applicant,Weber Dorado Partners, LLC.,is building two new buildings on the property.The existing wastewater main will be relocated by the applicant.There were no comments from the public.A council member stated that this development is a benefit to the community. Council Member Guajardo made a motion to approve the ordinance,seconded by Council Member Garza.This ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor 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 19. First Reading Ordinance -Approval of agreement and appropriating funds for AEL Development, LLC, for the Wastewater Collection Line Extension Construction and Reimbursement Agreement Ordinance authorizing City Manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with AEL Development, LLC. ("Developer"), for the construction of a sanitary sewer collection line and appropriating $52,514.90 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Mayor McComb referred to Item 19.Interim Director of Development Services Bill Green stated that the purpose of this item is to execute a wastewater collection line extension construction and reimbursement agreement with AEL Development, LLC.for the construction of a sanitary sewer collection line. There were no comments from the Council or the public. Council Member Hunter made a motion to approve the ordinance,seconded by Council Member Garza.This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 15 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 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 20. First Reading Ordinance -Appropriating funds to purchase two Roll-off Trucks for Solid Waste Operations Ordinance appropriating $176,339.34 from the Unreserved Fund Balance in the Fund 5110 Fleet Maintenance Service Fund; transferring said funds to and appropriating in Fund 4200 Wastewater Fund; amending the FY2017-18 operating budget adopted by Ordinance Number 031255 to increase revenues and expenditures; and approving the purchase of two Peterbilt roll off trucks from Rush Truck Centers of Texas, L.P., of New Braunfels, Texas, through the Houston Galveston Area Council of Governments purchasing cooperative, for an amount not to exceed $396,960.00. Mayor McComb referred to Item 20. Director of Fleet Maintenance Jim Davis stated that the purpose of this item is to purchase two roll-off trucks for Solid Waste Services. There were no comments from the public. Council members and staff discussed the following topics:the reason the funding was appropriated from the Unreserved Fund Balance;a request from a council member to provide the City Council with a memo including year-to-date revenues and expenditures detail from the Fleet Department including the Unreserved Fund Balance;and the purchase of the vehicles without debt. 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 21. First Reading Ordinance -for the Installation of playground equipment at Almanza, Breckenridge and Middlecoff Parks Ordinance appropriating $64,709.27 from the No.1020 General Fund unreserved fund balance for the purchase and installation of playground equipment at Almanza, Breckenridge and Middlecoff Parks; amending the FY2017-18 operating budget adopted by Ordinance Number 031255 to increase expenditures by $64,709.27; and approving the purchase of the said equipment and installation from The PlayWell Group, Inc. and City of Corpus Christi Page 16 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 PlayWorks, Inc., of Dallas, Texas, for an amount not to exceed $251,933.60, via Buyboard. Mayor McComb referred to Item 21. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to purchase and install playground equipment for three neighborhood parks.There were no comments from the public. Council members and staff discussed the following topics:the new equipment replaced at Parker Park; the reason for funding through the Unreserved Fund Balance; use of the Community Enrichment Funds;the project not being completed last fiscal year;whether the playground equipment is similar to the equipment installed at Sacky Park;shade in neighborhood parks; and opportunities for donations. 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 P. FUTURE AGENDA ITEMS: (ITEMS 22 -29) Mayor McComb referred to Future Agenda Items.City Manager Margie C. Rose stated that staff had planned presentations on Items 25 and 26. 22. Resolution authorizing submission of grant application to the State for funding available under the Victims of Crime Act (VOCA) Fund to continue the Victim Outreach Program Resolution authorizing submission of grant application for $216,469.70 to the State of Texas, under the Victims of Crime Act with city match of $13,637.43 cash and $40,480 in-kind services. This Resolution was recommended to the consent agenda. 23. Resolution authorizing submission of grant application to the State for funding available under the Violence Against Women Act (VAWA) for prevention of violence against women Resolution authorizing submission of grant application for $54,339.42 to the State of Texas under the Violence Against Women Act with city match of$14,000 cash and $8,280 in-kind services. This Resolution was recommended to the consent agenda. 24. Resolution authorizing submission of grant application to the City of Corpus Christi Page 17 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 State for funding eligible under the FY 2017 Body-Worn Camera Program Resolution authorizing submission of grant application for $265,116 to the State of Texas under the FY 2017 Body-Worn Camera Program with city match of$15,000 cash and $51,279 in-kind services. This Resolution was recommended to the regular agenda. 25. Five-year Subscription Service Agreement for database software for Risk Management Resolution finding that the purchase of a claims database system for the Risk Management Division is a sole source procurement; and authorizing a five-year service agreement with Recordables, Inc. of Venice, Florida, for a total amount not to exceed $97,437.25. This Resolution was recommended to the consent agenda. 26. Construction contract for Barge Dock Improvements (Rebid) (Type A Funds) Motion authorizing a construction contract with Grace Paving and Construction, Inc., of Corpus Christi, Texas, in the amount of$553,199.17 for the Barge Dock Improvements (Rebid) project for the total base bid plus additive alternates 1 and 2 (Type A Funds). This Motion was recommended to the consent agenda. 27. Service Agreement for HVAC Service and Repair for a one-year not to exceed $66,700, with two additional one-year options and a total potential multi-year amount of$200,100 Motion authorizing a service agreement with Rapid Air of Corpus Christi, Texas to provide HVAC services and repairs for Corpus Christi Fire Department for a total amount not to exceed $66,700 for a term of one year with the option to extend for two additional one-year periods for a potential multi-year amount of$200,100. This Motion was recommended to the consent agenda. 28. Supply Agreement for 36 months for gate valves for the Utilities Department Motion authorizing a 36-month supply agreement with Gajeske, Inc., of Houston, Texas, for Gate Valves for the Utilities Department for a total amount not to exceed $362,589.54. This Motion was recommended to the consent agenda. City of Corpus Christi Page 18 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 29. Service Agreement Amendment No. 1 for Continual Rental of One Komatsu Dozer for Solid Waste Operations Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to Service Agreement No. 52422 with Waukesha-Pearce Industries, LLC, of Dallas, Texas, for the rental of one Komatsu dozer for Solid Waste Operations for an additional six-month term, as required for public health and safety, for a not to exceed amount of$49,050 for a revised total agreement amount not to exceed of $91,525. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEMS 30 -35) 30. Convention and Visitors Bureau Presentation - ReDiscover Coastal Bend Proposal Mayor McComb referred to Item 30.Assistant City Manager Keith Selman introduced President/CEO of the Corpus Christi Convention and Visitors Bureau (CVB) Paulette Kluge.Ms. Kluge stated that following Hurricane Harvey,CVB staff had conversations with New Orleans and Gulf Shores to receive advice following a tragedy in a community.The main advice given was that everyone saw a huge tragedy occur and it was important to remind the public that Corpus Christi is open for visitors.Ms. Kluge presented the following information:a comparison from 2016 and 2017 related to the revenue per available room as a result of Hurricane Harvey; the hotel occupancy tax(HOT) collections in FY2017-2018;and the impact Hurricane Harvey has had on attractions and restaurants.Ms. Kluge stated that the CVB is requesting an advance payment of HOT funds of$336,960 to be used for marketing. Ms. Kluge presented the ReDiscover Campaign including advertisements and commercials. Council members and staff discussed the following topics: how the funding will be used;the importance of using the funding now rather than later in the year; promoting Corpus Christi in the drive market;the campaign to be used for all out-of-market advertising;traditional business on the island has decreased since Hurricane Harvey; whether the video is available online;whether there are hotel rooms for visitors to stay;and direction to staff to bring back a one-reading agenda item regarding the early release of HOT funds for the CVB at the February 13,2018 meeting. 31. Parks & Recreation Department Overview Mayor McComb referred to Item 31. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to provide an overview of the Parks and Recreation Department.Mr. Ellington presented the following information:the department's vision;the management team structure;a list of the commissions and committees related to the Parks and Recreation Department; key partnerships and community supporters;the Adopt-A-Park City of Corpus Christi Page 19 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 program; program services;economic benefits; Senior Community Services; beach and natural resources; Park Operations; the number of parks and facilities;an interactive online parks map and guide; community special events; park initiatives; park development resources; challenges for the department;and budget facts. Council members and staff discussed the following topics: out of the 703 trees planted in FY2017,the number of trees that were donated; donations for commemorative trees and park benches; other cities receiving revenue from plaques and recycle bins;the special events that require insurance for use of park facilities;focusing on neglected neighborhood parks;verification that maintenance has been performed at parks; staffing shortages from vacant and eliminated/frozen positions;the number of parks that have been sold; addressing issues at Alexander Park; exploring options to incorporate shade structures,fencing,and splash pads in City parks;the list of services provided by the Parks and Recreation Department;a policy for awarding Community Enrichment Funds to communities involved with their neighborhood park through the Adopt-A-Park Program; beach and natural resources; reducing the number of parks;the number of Adopt-A-Parks; utilization of West Haven, Los Encinos and Salinas Parks;the cost for splash pads;the number citizens can call to report individuals driving in parks;the status of the Crestmont Park project; consideration of a program for senior centers to establish a garden to grow plants in the parks system; incorporating splash pads in parks that are fenced with an unmanned pay station; enclosed trash receptacles; comments made during public comment regarding the City's inability to maintain and operate current facilities; and the plan to have all of the City's pools operational. 32. HEB Tennis Center Mayor McComb referred to Item 32. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to provide an update on the HEB Tennis Center.Mr. Ellington provided the history and status of tennis operations. Mr. Ellington reported that the contract for operations is currently under development and staff will bring a recommendation to City Council in mid-February.A survey was conducted at the stakeholders'meeting with a consensus recommending a city-wide forum to receive recommendations regarding tennis operations. After Mr. Ellington's presentation,a council member discussed issues related to the HEB Tennis operations including:the report from KRIS 6 news; administrative fees provided to the contractor that were not included in the contract;authorization;and whether there are other items in the contract of which the City Council has not been made aware. 33. Animal Care Services Mayor McComb referred to Item 33.Assistant Police Chief Mike Alanis stated that the purpose of this item is to provided an overview of the Animal Care Services Division.The presentation team included: Police Chief Mike Markle; Veterinarian Dr. Melissa Draper; Captain Patrick McMenamy; and Commander John Houston.Assistant Chief Alanis presented the following information: Animal Care Services'staffing; the Division's mission;an overview of the duties performed by Animal Care Services;2017 statistics regarding calls for service City of Corpus Christi Page 20 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 and live release for cats and dogs;volunteer efforts; investigations; common violations;the violation process; Trap-Neuter-Release(TNR); and goals for the future. Council members and the presentation team discussed the following topics: the job description and hiring timeline for the Animal Care Services Program Manager; construction of the kennel area;the number of stray cats; obstacles preventing the City from moving froward with a Trap-Neuter-Release(TNR) process;the cost associated with hiring additional personnel to implement TNR process;whether citizens can trap stray animals and bring them to Animal Care Services;sweeping neighborhoods of dog packs; how citizens can become aware that Animal Care Services has their missing animal; appreciation to the volunteers assisting Animal Care Services; how Animal Care Services addresses animals left out in inhumane conditions;the process to removing an animal from a home;the biggest challenges at Animal Care Services,including education and spay/nuetering;the process for bring forth code amendments discussed by the Animal Care Advisory Committee to City Council for consideration; microchipping in lieu of registration;trends in trouble spots related to dangerous dog packs; partnerships; creating a program to target veterinary schools to assist at Animal Care Services;whether microchipping is painful to animals;the process used for dangerous dogs that continuously attack; website to find lost pets;the cost to spay/neuter; long-term goals for Animal Care Services;the duties and role of the Animal Care Advisory Committee. 34. Water Quality Projects Update Mayor McComb referred to Item 34. Executive Director of Water Utilities Dan Grimsbo stated that the purpose of this item is to provide an update on water quality projects. Mr. Grimsbo presented the following information: the actions the city has implemented to address the water system,including source, treatment,and distribution;water quality progress: highlighted projects including:the Pilot Plant System and Testing; Choke Canyon Spillway Gates Repair Project;solids management; River Raw Water Pump Station; Raw water and chemical Feed Improvements; current and future actions taken to address the distribution system;the new Elevated Storage Tanks located at Holly Road and Rand Morgan Road;and an overview of the distribution system.Assistant Director of Water Quality and Treatment Gabriel Ramirez was available to respond to questions. Council members and staff discussed the following topics:the improvements to water quality; providing information to the public regarding the water quality update;and quarterly meetings between staff and the Texas Commission on Environmental Quality(TCEQ). 35. Proposed Annexation Policy Update Mayor McComb referred to Item 35.Council Member Hunter made a motion to table the briefing on the proposed annexation policy update to February 13, 2018,seconded by Council Member Lindsey-Opel and passed unanimously. R. EXECUTIVE SESSION: (ITEMS 36 AND 38) Mayor McComb referred to Executive Session Items 36 and 38.The Council City of Corpus Christi Page 21 Printed on 2/9/2018 City Council Meeting Minutes January 30,2018 went into executive session at 7:46 p.m.The Council returned from execuitve session at 8:23 p.m. 36. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to disposal of waste in Type IV Landfill (as described in 30 TAC § 330.5) located at/near 1435 County Road 26 (also known as Gulley-Hurst Landfill) and municipal solid waste fees. This E-Session Item was discussed in executive session. 38. Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. This E-Session Item was postponed. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. Council Member Lindsey-Opel made a motion to direct staff to bring back a presentation to City Council regarding the Regional and Urban Design Assistance Team (R/UDAT)study including the City's implementation of facilitating commerce as it relates to the Harbor Bridge,seconded by Council Member Hunter. There was consent of the City Council to place this item on the agenda. Council Member Rubio requested a presentation on the West Point Affordable Housing Project.There was consent of the City Council to place this item on the agenda. Mayor McComb requested information related to a study being performed on building a berm around the Greenwood Wastewater Treatment Plant. T. ADJOURNMENT The meeting was adjourned at 8:31 p.m. City of Corpus Christi Paye 22 Printed on 2/9/2018 w 1201 Leopard Street City of Corpus Christi Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Workshop Session Tuesday,January 23,2018 9:00 AM City Hall Basement Training Room Public Notice -- ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. COUNCIL MAY GIVE DIRECTION TO THE CITY MANAGER, BUT NO OTHER ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor Pro Tem Paulette M.Guajardo called the meeting to order at 9:01 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called to roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present 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 Note: Council Member Hunter arrived at 9:06 a.m. Council Member Lindsey-Opel arrived at 9:09 a.m. Council Member Molina arrived at 9:13 a.m. Mayor McComb arrived at 9:19 a.m. C. BRIEFINGS TO CITY COUNCIL: 1. Economic Development Workshop City Manager Margie C. Rose introduced the President and Chief Executive Officer of the Corpus Christi Regional Economic Development Corporation (CCREDC)Iain Vasey. City of Corpus Christi Pagel Printed on 2/7/2018 City Council Workshop Session Meeting Minutes January 23,2018 Mr.Vasey introduced staff and members of the board of directors of the CCREDC who were present. Mr.Vasey presented information on the following topics: what is economic development; commitment to sustainable growth; that the CCREDC is an investor-funded 501(c)6 organization; composition of the CCREDC's board of directors; key points in CCREDC history;employment by section in the Corpus Christi Metropolitan Statistical Area(CCMSA)for November 2013 -November 2017; the CCMSA housing report; permitting and employment summary;and economic development impact and highlights. A council member and Mr.Vasey discussed companies bringing in outside workers/contractors and use of the"hire-local-first"economic development model and business retention programs. Chief Operating Officer of the CCREDC Mike Culbertson presented information on the following topics: how the City and the CCREDC work together; economic development tools; Type A sales tax program history;2018 anticipated/potential Type A sales tax projects; current Type A sales tax projects;and the Type B sales tax program. Mr.Vasey presented information on the following additional topics: what is driving the economy;active rigs in the Permian Basin;what is fueling our growth; planned pipelines to deliver crude oil into Corpus Christi; making the business case for Corpus Christi; target industries; business retention/recovery mode; hurricane recovery;the Harbor Bridge replacement project;and the components of an economic development plan. Council members and Mr.Vasey discussed the following topics: the accuracy of the data presented;tracking requirements of companies to align small companies with them for contracting purposes; approaching Del Mar College's Procurement Technical Assistance Center(PTAC)regarding assisting vendors with not only government procurement,but private procurement;water requirements for additional large industry users;the need to sell more water; the need to let industry know we have an abundant supply of water; guaranteeing an uninterruptible water supply to attract industry; issuing an annual "white paper"regarding the availability of water; the differences between non-curtailable versus uninterruptible water supply; non-curtailable water supply counting against the City with the Texas Water Development Board; curtailment and surcharges versus loss of water; the status of the professional services industry in Corpus Christi; hiring local versus the quality of the local workforce;the CCREDC and the Downtown Management District working together to rejuvenate downtown Corpus Christi; Corpus Christi's culture versus that of other Texas cities;the asset that the City's municipal marina represents;the City Council providing formal policy direction to the CCREDC;the importance of proper city planning for the future with respect to business growth;the City's natural resources,including lengthy stretches of accessible beaches; construction of large affordable housing developments just outside the city limits and annexing that area;and the importance of the Corpus Christi International Airport. D. ADJOURNMENT The meeting was adjourned at 11:02 a.m. City of Corpus Christi Page 2 Printed on 2/7/2018 City Of Corpus Christi CIVIL SERVICE COMMISSION BOARD DETAILS �U FOR FIREFIGHTERS AND POLICE OFFICERS ONLY - The Civil Service Commission adopts, Uuu� amends, and enforces a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also, rules regulating promotions, demotions, reduction in force of employees in the classified service and in what order they shall be dismissed and reinstated. With additional duties as outlined under Chapter 143, Texas Local Government Code. COMPOSITION I N'ree members, ncl two(2) ,rlt rn rt+ . sh, H be app ntecl by the CNra,yB ecui. e of tfae Cit rrr,y t;,:arrtarrrn��r,:N b r rrra0rity of th Cia y "���ananciB N��t, rrrberas uuuui�� 1" 1"� A' 1" 1 uuui t � g tNr, (2) � ) resident � t te y and Na,, kiieclin theCity 1, r three years pre e r, pre ecfng app ntm aver 2 5 years tB Ne, and 151 not ha,,�NYkl a nr8a , 9 ,e witNn thegr�a �r$rN7 three DETAILS years CREATION/AUTHORITY Chapg er 1,421, 1 e .As I o Irl (:', verrrment Ca dey (>J ':''W07.. 1 1,2 1/16 MEETS N'kn t^: tNrgrcl 1 Nrnar^.,yay ,aB e,v ry°month and on caH,ft )O a rt't., I Voarrean Hesources Conterence h"4,aom,2nd 1 Ioor, City I iai1 TERM DETAILS I hre -year terms. DEPARTMENT 1 Vo„m rrr h"es aoar e OTHER INFORMATION CIVIL SERVICE COMMISSION Page 1 of 1 Civil Service Commission February 13, 2018 One(1)vacancy with term to 6/15/18 representing the following category: 1-Regular Member. (Note:The City Manager appoints to the Civil Service Commission, subject to confirmation by the City Council. City Manager Margie Rose is recommending the appointment of Karen Beard.)(Traditionally,the same members serve on the Civil Service Board and Commission.) Tammy F.McDonald CIVIL SERVICE COMMISSION Resigned District 1 1 6/15/18 Regular Robert W Judkins CIVIL SERVICE COMMISSION Active District 5 1 6/15/19 Regular Guy Nickleson CIVIL SERVICE COMMISSION, Active District 5 2 6/15/20 Regular Civil Service Commission Applicants February 13,2018 Karen C;Beard ; CIVIL SERVICE COMMISSION District 2 Driscoll Children's Hospital ; 14141 S.Staples 4th FI Corpus Christi Texas. 361-694-6702 Ruben Garcia III CIVIL SERVICE COMMISSION District 5 Corpus Christi Army Depot 308 3rd St. Corpus Christi Tit 361-961-6289 Craig C Hehner ! CIVIL SERVICE COMMISSION District 1! Horton Automatic 14242 Baldwin Blvd Corpus Christi Texasl. 361-866-6719 Robert C Soape CIVIL SERVICE COMMISSION District 5 CITY OF CORPUS CHRISTI Submit Date: Dec 27, 2017 Application for a City Board, Commission, Committee or Corporation Profile Karen C Beard Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 2 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 18 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone Injury Prevention Training Driscoll Children's Hospital Coordinator Employer Job Title 4141 S. Staples 4th FI Work Address-Street Address and Suite Number Karen C Beard Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78411 Work Address-Zip Code 361-694-6702 Work Phone karen.beard@dchstx.org Work E-mail address Preferred Mailing Address �W Work Address is Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted COMMISSION ON CHILDREN & YOUTH: Submitted REGIONAL HEALTH AWARENESS BOARD: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) I am a Injury Prevention Training Coordinator, I am a Child Passenger Safety Instructor along with special needs training. I have graduated from both the Citizens Police Academy as well as the Citizens Fire Academy. I served on the Transportation Advisory Council for 6 years and currently serve on the Board of the Coastal Bend Advisory Council. I regularly attend the Governor's EMS and Trauma Advisory Meetings. Karen C Beard Page 2 of 6 Why are you interested inserving on a City board, commission or committee? I enjoy being involved in our community. To increase public involvement and commitment to CC being a great city. karen resume 2017 short DCH.docx Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity V Caucasian/Non-Hispanic Gender V Female Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. V I Agree Karen C Beard Page 3 of 6 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information I understand that if any member oft 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 c ® I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes (.- No Do you, yours ous , your business or yours ous 's business have a City contractl ir Yes ir- No Karen C Beard Page 4 of 6 Does your employer or ycurs ous 's employer have a City contract? r Yes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? ............... r Yes r. No Are you, yours ous our business or yours ous 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® I don't know if the Health and Human Services counts. I work in the healthcare field at Driscoll Children's Hospital. Board-specific questions (if applicable) Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided int City for at least 3 years? r. Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? ir Yes ir. No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? r. Yes r No Karen C Beard Page 5 of 6 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? V Health and Human Services V Youth and Family Services Karen C Beard Page 6 of 6 Karen Beard Education: University of Oklahoma 1979-1981 Education Oklahoma Community College &Tulsa Junior College 1987-1991 Studied Education and Business Profile NHTSA Child Passenger Safety Instructor for 18 years. Organizational memberships: Coastal Bend Regional Advisory Council, , Child Fatality Review Team, Coastal Bend Youth Alcohol Awareness Committee. I have served on many community boards appointed by City Council including the Health Advisory Board, Head Start and Transportation Advisory Committee, former member of Injury Prevention of Governors EMS and Trauma Advisory Council Certifications: National Highway Traffic Safety Administration Child Passenger Safety Technician August 1999-October 1999 National Highway Traffic Safety Administration Child Passenger Safety Instructor October 1999-present American Heart Association BLS/Healthcare Provider Current to date American Heart Association BLS/Healthcare Provider Instructor 2005-2011 (renewing) Employment: Driscoll Children's Hospital,August 1999-Feb 2011 returned November 2016 to current Injury Prevention Program Injury Prevention Training Coordinator • NHTSA child passenger safety technician in 1999. • NHTSA Child Passenger Safety Technician Instructor in 1999,currently the only Instructor south of San Antonio all the way to the Valley. • Speak at various area conferences. • Wrote numerous grants to fund Injury Prevention Program, average grant amount of$65,000.00 per year. • Presents to community groups on injury prevention topics including child passenger safety and other non- intentional injuries. • Represent DCH to media and newspaper on Injury Prevention programs and Injury Prevention education. • Speaker at area conferences on child passenger safety and all areas of non-intentional injuries. • Collaborate with local law enforcement and community agencies on child passenger safety. • Represent Injury Prevention Programs at Health Fairs. • Educate hospital staff in Corpus Christi. Dr. Mark Dodson—November 2011-2013 Worked for Dr. Dodson in both his medical office and medical spa. • Give injections, check blood pressure and vitals. • Provide treatments on all equipment. • Medical Esthetician Chemical Peels. • Ultherapy Advanced Training Certified. • Cool Sculpting Certified. • Syneron Laser Hair Removal, SRA Certified, Matrix and Skin Tightening. Ingraham Orthodontics-May 2014-2016 Marketing Coordinator May 2014 • Created and maintain new webpage,including layout and content. • Create and maintain all Social Media sites. • Create in-house on online contests for patient participation. • Visit referring Dentist offices. • In-house computer repair. • Create promotional brochures. Community Participation Served on the Injury Prevention committee of the Governors EMS and Trauma Advisory Council 2008-2010 Graduated from CC Citizens Fire Academy 2015 Graduated from CC Citizens Police Academy 2015 Graduated Civilian Police Academy,Victoria 2014 Traffic Advisory Board, City Council appointed- November 2006 to 2012 and reappointed October 2016. Bicycle Committee Nueces County-2009-2013 re-appointed October 2016 Citizens Health Advisory Board City Appointed- November 2002 to 2006 Safe Sleeping planning committee-2009 Head Start Health Advisory Board-October 2002 to October 2009 CC Corpus Christi Youth Alcohol Awareness Coalition- June 2000-2010 First Baptist Church US Mission Board Chairman 9/99-to present FBC Recreation Ministries Committee 9/2002 to present Bell Towe NHTSA child passenger safety technician in 1999r Board of Directors (non-profit) 2016 to present CITY OF CORPUS CHRISTI Submit Date: Oct 03, 2017 Application for a City Board, Commission, Committee or Corporation Profile Ruben Garcia III Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 5 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 30 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone Corpus Christi ............ Aircraft Examiner Employer Job Title 308 3rd St. Work Address-Street Address and Suite Number Ruben Garcia III Page 1 of 6 Corpus Christi Work Address-City TX Work Address-State 78419 Work Address-Zip Code 361-961-6289 Work Phone ruben.garcia180.civ@mail.mil Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Associate's Degree-Liberal Arts, Del Mar College Bachelor's Degree-Administration, Minor in Human Resources, University of the Incarnate Word Graduate Student-Masters in Public Administration, Texas A&M Corpus Christi Why are you interested inserving on a City board, commission or committee? I have a desire to serve my community in a greater capacity. I believe I can make a positive impact in our local community with my education and professional experience. Ruben Garcia III Page 2 of 6 Ruben Garcia III resume docx Upload a Resume Ruben Garcia Bio.docx Please upload any additional supporting documents. Demographics Ethnicity ............... �W Hispanic Gender IW Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Agree Ruben Garcia III Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes ir- No Do you, yours ous , your business or yours ous 's business have a City contractl r Yes r. No Does your employer or yours ous 's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r. Yes r No Ruben Garcia III Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® I work for the Corpus Christi Army Depot. While I am confident I can perform the official duties given my experience, there may be a time when it is mandatory to work overtime. I have not seen this mandate in several years, but it is possible given the nature of our mission to support the war fighter. In the event I am on call, I may not be able to respond immediately due to a possibility of mandatory over time. But I will certainly answer the call upon immediate availability thereafter. Board-specific questions (if applicable) Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided int City for at least 3 years? ir- Yes ir No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? ir Yes ir. No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? Yes r No Ruben Garcia III Page 5 of 6 Ruben Garcia III Page 6 of 6 ee�rusc�r�rr�rta.��rpEpar "� °"" srnes,eas�r�casr€r�rc r�u ■ Biograp r Ruben Garcia III Aircraft Examiner Directorate of Engine and Power Train Production e ;i „r y , %0rrr�0`i �, r Ruben Garcia was born in Corpus Christi, TX in 1984. He attended Mary Carroll High School and graduated in 2002. After a semester at Del Mar College, he joined the United States Air Force Reserve and started his career in aviation maintenance. Realizing the importance of education, Ruben took advantage of his educational benefits and went back to Del Mar College. He achieved his Associates Degree in Aviation Maintenance Technology from the Community College of the Air Force. Furthermore, he finished the program at Del Mar College and attained a second Associates Degree in Liberal Arts. Ruben continued his education at the University of the Incarnate Word and obtained a Bachelor of Arts in Administration with a minor in Human Resource Management in 2015. Currently, he is pursuing a Master's in Public Administration at Texas A&M Corpus Christi. Ruben started his career in aviation maintenance in 2003, and after serving in support of Operation Enduring Freedom, he was offered a full time job with the Air Force as a civilian working as an aerospace propulsion specialist. Thereafter, Ruben transferred to the Corpus Christi Army Depot in June 2007. He started his CCAD career as a helper, and with hard work and determination was soon promoted to a journeyman level mechanic in April 2008. With a commitment to professional development, he was accepted into the CCAD UPLIFT Program and graduated in 2014. During this time Ruben was then promoted to work leader in Rotor Control. After a year, he accepted a position as a Quality Control Inspector where he supported Transmission, Gearbox, and Rotor Head systems. Currently, Ruben serves as an Aircraft Examiner for the Directorae of Engine and Powertrain Production. Ruben is a dedicated husband and father of two beautiful little girls. He volunteers at his local church where he is an active member at Most Precious Blood Catholic Church. He is currently a member of the Texas Air National Guard as a non- commisioned officer. D :0 D our Public Affairs Office 308 CrecySt. Mail Stop#11 Command Ste. Room#116 Corpus Christi,TX 78419 Scan website www.ncad.e toar visit p P website @ www.ccad.army.mil II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Ruben Garcia III OBJECTIVE With over 13 years of professional experience, I specialize in compliance with a wide range of specialties such as environmental, safety, airworthiness, quality management system, and International Organization for Standardization. My experience also includes the importance of business development by making decisions based on analytical trends. In addition to earning a Bachelor's Degree from the University of the Incarnate Word, which has provided a foundation in organizational development, I strongly believe in my aptitude to adapt, learn, and apply myself to achieve organizational goals. QUALIFICATIONS • Over 13 years of professional experience • Bachelor of Arts in Administration • Strategic planning experience • Business decisions based on cost estimates • Analyzing trends for process improvements • Specialize in compliance • Strong research skills • Quality Management System experience • Military veteran • Civilian Service Medal WORK HISTORY AIRCRAFT EXAMINER/CORPUS CHRISTI ARMY DEPOT/JUNE 2016-PRESENT Conduct examinations, and evaluations of a variety of Army, Navy, and/or Air Force aircraft rotary wing transmissions and gearboxes on a pre-induction basis, inclusive of the different systems, subsystems, components, and sub-components and parts thereof, either within the assigned workload of CCAD, or for aircraft powertrain components assigned to foreign countries or different contractors for the purpose of determining the depth and scope of the necessary repair, overhaul, and/or modification required to return such aircraft components to a serviceable condition in accordance with the applicable Project Directive, mission statement, or customer specified statement of work. Prepare cost estimate reports, outlining parts and material required to repair such aircraft rotary wing transmissions and gearboxes, as well as forecasting labor requirements and cost; to accomplish needed repair, overhaul, and modification. Relevant skills: upper level position, strong adherence to a variety of standards, procedures, policy, tech data, regulations, quality management system, analyze trends, make business decisions based on cost estimates, team building, meeting deadlines, training others, work under pressure, establish work guidelines QUALITY CONTORL INSPECTOR/CORPUS CHRISTI ARMY DEPOT/FEBRUARY 2015-JUNE 2016 Serve as a quality control inspector responsible for inspection of a variety of aircraft transmissions, gear boxes, other power train assemblies, and related components that have been overhauled, repaired, or modified by trade workers. Work may involve assignment at any one of several inspection stations, located in individual shops that may specialize in a certain model of the equipment identified. Performs in-process and final acceptance inspections. Monitor testing of items and/or performs static or operational tests. Assure that all work processes accomplished meet established quality control criteria, i.e., good workmanship, specified measurements and tolerances, and conformance with current technical data and work specifications. Relevant skills: quality control, strong adherence to a variety of standards, procedures, policy, tech data, using automated systems to analyze both successful and unsuccessful trends, assist management with business decisions based on analytical trends, documentation of objective evidence, teamwork, team building, working well under pressure, meeting deadlines, writing reports WORK LEADER/CORPUS CHRISTI ARMY DEPOT/FEBRUARY 2014-FEBRUARY 2015 Lead a branch of the transmission production operations in a highly industrialized depot complex engaged in the maintenance, repair, and/or overhaul of gearbox assemblies, sub-assemblies, accessories, components, and other parts. Carry out plans and execute all operational, some administrative and technical functions of the organization from management. Distribute assignments to subordinates and establish timelines. Verify work in progress and when finished, check for compliance with supervisor's instructions on work sequence, procedures, methods, and deadlines. Relevant skills: Compliance with all technical data, research skills, team building, working under pressure, meeting deadlines, executing plans, training others EDUCATION BACKGROUND University of the Incarnate Word Bachelor of Arts in Administration MILITARY BACKGROUND U.S. Air Force Reserve September 2003-September 2012 Honorable Discharge (Staff Sergeant) Supported Operation Enduring Freedom/Operation Iraqi Freedom National Defense Medal, Air Force Achievement Medal, Armed Forces Reserve Medal w/ M device, Global War on Terrorism Service Medal Texas Air National Guard December 2015-Current Staff Sergeant Professional references upon request i i v � � ��� �fi 4C�e �ttez�stta�c arl �� � i Je ri ,.,., �i�� ��i 1uw�° �a �s ro � u..o-. i r� � ii IIII III�I wl � ma,.ry s�r�b r � i� � ��IIIIIIIIIIIU �ba +sn.� uc � II�������� luuuuuuuuu i� uuuuuuw � ax �f�yM �� (iU �ip � ' iii ��� � �im � ! � � iII IIIIIIIIIIIIIIIIVIIN �.���1°app° � � i �i�u�llllll IIIIIIII� '� I �Ii ' � ° � � I�� I��Iq� umUl r r u IIo \ � � w��uiiuiiu � i�liiii�uuuuuuu� " ' hill �Ill� muuuuuuuuui��llll� �f � �i u �'�� �Illlllllllui ���� � uul� � � ,' CITY OF CORPUS CHRISTI Submit Date: May 16, 2017 Application for a City Board, Commission, Committee or Corporation Profile Craig C Hebner Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 1 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 37 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone Horton AultomIaltilic,I I I I I I I I I I I I I I I I I I I I I I I I I I I I 'Customer,Care/,'Parts,'MapagpT... Employer Job Title 4242 Baldwin Blvd Work Address-Street Address and Suite Number Craig C Hebner Page 1 of 7 Corpus Christi Work Address-City Texas Work Address-State 78405 Work Address-Zip Code 3618666719 Work Phone Craig_Hebner@Overheaddoor.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? AIRPORT BOARD: Submitted BUILDING STANDARDS BOARD: Submitted CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) Trustee on Board of Directors for Wood River Home Owners Association Craig C Hebner Page 2 of 7 Why are you interested inserving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. Craia—flesu me 5-1-16 2 docx Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity V Caucasian/Non-Hispanic Gender V Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. V I Agree Craig C Hebner Page 3 of 7 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information I understand that if any member oft 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 c ® I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes (- No Do you, yours ous , your business or yours ous 's business have a City contractl ir Yes (- No Craig C Hebner Page 4 of 7 Does your employer or ycurs ous 's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? ............... r Yes r No Are you, yours ous our business or yours ous 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Board-specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any oft following categories? �W None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner int City of Corpus Christi? r- Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided int City for at least 3 years? r. Yes r No Craig C Hebner Page 5 of 7 Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? Yes ` No 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? 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? Not Connected with Oil and Gas Well Industry Question applies to WATER RESOURCES ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? Residential Customer and Home Owner of City's Water System Craig C Hebner Page 6 of 7 Craig C Hebner Page 7 of 7 Craig C. Hebner Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015— Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review projects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study job specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction projects • Prepare and submit budget estimates and progress /cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out 0 Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 —January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel,job site equipment, and materials needed • Prior to arrival on j ob site, prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel, material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids Lead Engineer 2009-2012 Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well-bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Tetra Mud School Combat Lifesavers Course Tetra Well Control School Combat Controller Fluid Engineer School Basic EMT Course Defensive Driving Range Safety Officer Plant Operations Course Heavy Equipment Operators Course PEC SafeGulf School of Infantry PEC SafeLand Marine Corps Leadership School Offshore Safety Certification Flight Deck Safety Course IADC Global Leadership Course Crane & Riggers Course Forklift Certification Offshore Safety Certification Rig Pass HSE Safety A.R.C. CPR and First Aid Certification CUDD Firefighting School CUDD Well Control School H2S Certification References Available Upon Request CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2017 Application for a City Board, Commission, Committee or Corporation Profile Robert C Soape Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 5 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 8 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone P/a, Employer Job Title n/a Work Address-Street Address and Suite Number Robert C Soape Page 1 of 7 n/a Work Address-City n/a Work Address-State n/a Work Address-Zip Code n/a Work Phone kolt45soape@gmail.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted COMMISSION ON CHILDREN & YOUTH: Submitted HUMAN RELATIONS COMMISSION: Submitted LANDMARK COMMISSION: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted TREE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: I am currently applying to all boards and comittees necssary to help my community Education, Professional and/or Community Activity (Present) graduated in 2010 from ray highschool and currently reaching out to any and all those I come across who are wanting to see a change within our local community Robert C Soape Page 2 of 7 Why are you interested inserving on a City board, commission or committee? I want to be apart of the change I wish to see around me and it starts right here in the city of corpus Christi tx Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity V Other Gender V Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. V I Agree Robert C Soape Page 3 of 7 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information I understand that if any member oft 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 c ® I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes (- No Do you, yours ous , your business or yours ous 's business have a City contractl ir Yes (- No Robert C Soape Page 4 of 7 Does your employer or ycurs ous 's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? ............... r Yes r No Are you, yours ous our business or yours ous 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Board-specific questions (if applicable) Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided int City for at least 3 years? ............... r. Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? r Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? r. Yes r No Robert C Soape Page 5 of 7 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? None Selected Question applies to HUMAN RELATIONS COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Question applies to LANDMARK COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected 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 category7 ir Yes ir. 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? None Selected Robert C Soape Page 6 of 7 Robert C Soape Page 7 of 7 City Of Corpus Christi CIVIL SERVICE BOARD BOARD DETAILS The Civil Service Board adopts, amends, and enforces a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction in force of employees in the classified service and in what order they shall be dismissed and reinstated. COMPOSITION I..hre members bers, ncl two(2) ail rnate rr1err1bers shaH be apfa6ntecl by the 1h rrtert berg:ctroom their er ^dalar chairman as p::lcre� pry Nlk rrrber�s inu t(i) b of goodmora t V rtr i t h �cler (2) d"ra i LI S ata err, (.)be,c r, .a,enr c i the Ci� y and ha,,,e ha,,, Ih+,ecl in the Ci� y 1or three years DETAILS I r cecfinalapta6rr'trt'terrt (°4)be cr,wr 25 y 5 ,"�� 1 years c rB age, ,:�rr,y I::a,1 not Nr,'rr Nr� la.$,'r n.ad'r8ar: criHce witNn the I r,yr ecfir'ca three years,with the, ice tbn of notary I n.akrlRc, CREATION/AUTHORITY City Charter rr,cnenchn rrt Art V1111, Sec 2 :k25 55),()rc.$ 12948,()rcw$. 17258 2 58 9/153:::,amended Onl W07 1 1/21/16 MEETS N'knet^: tNrgrcl 1 Nrnar^.,yay of e,v ry°month and on caH,ft )O a rt't., I loarraan Hesources Conterence H rom,2nd 1 Ir'or, City I i i1 TERM DETAILS I N'rre -y°ear terms. DEPARTMENT 1 lo„m crr hry;,r¢'ourc es OTHER INFORMATION CIVIL SERVICE BOARD Page 1 of 1 Civil Service Board February 13, 2018 Three (3) vacancies with term to 6/15/18 representing the following categories: 1 - Regular Member and 2 - Alternate Members (Charter Amendment-General Election 11/8/2016). (Note:The City Council appoints to the Civil Service Board. Traditionally,the same members serve on the Civil Service Board and Commission. Staff is recommending postponement of the two (2) Alternate Members for further recruitment.) Tammy F.McDonald CIVIL SERVICE BOARD Resigned District 1 1 6/15/18 Regular Robert W Judkins CIVIL SERVICE BOARD Active District 5 1 6/15/19 Regular Guy Nickleson CIVIL SERVICE BOARD Active District 5 2 6/15/20 Regular Vacancy CIVIL SERVICE BOARD Active Alternate Vacancy CIVIL SERVICE BOARD Active Alternate Civil Service Board Applicants February 13,2018 Karen C;Beard ; CIVIL SERVICE COMMISSION District 2 Driscoll Children's Hospital ; 14141 S.Staples 4th FI Corpus Christi Texas. 361-694-6702 Ruben Garcia III CIVIL SERVICE COMMISSION District 5 Corpus Christi Army Depot 308 3rd St. Corpus Christi Tit 361-961-6289 Craig C Hehner ! CIVIL SERVICE COMMISSION District 1! Horton Automatic 14242 Baldwin Blvd Corpus Christi Texasl. 361-866-6719 Robert C Soape CIVIL SERVICE COMMISSION District 5 CITY OF CORPUS CHRISTI Submit Date: Dec 27, 2017 Application for a City Board, Commission, Committee or Corporation Profile Karen C Beard Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 2 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 18 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone Injury Prevention Training Driscoll Children's Hospital Coordinator Employer Job Title 4141 S. Staples 4th FI Work Address-Street Address and Suite Number Karen C Beard Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78411 Work Address-Zip Code 361-694-6702 Work Phone karen.beard@dchstx.org Work E-mail address Preferred Mailing Address �W Work Address is Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted COMMISSION ON CHILDREN & YOUTH: Submitted REGIONAL HEALTH AWARENESS BOARD: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) I am a Injury Prevention Training Coordinator, I am a Child Passenger Safety Instructor along with special needs training. I have graduated from both the Citizens Police Academy as well as the Citizens Fire Academy. I served on the Transportation Advisory Council for 6 years and currently serve on the Board of the Coastal Bend Advisory Council. I regularly attend the Governor's EMS and Trauma Advisory Meetings. Karen C Beard Page 2 of 6 Why are you interested inserving on a City board, commission or committee? I enjoy being involved in our community. To increase public involvement and commitment to CC being a great city. karen resume 2017 short DCH.docx Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity V Caucasian/Non-Hispanic Gender V Female Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. V I Agree Karen C Beard Page 3 of 6 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information I understand that if any member oft 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 c ® I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes (.- No Do you, yours ous , your business or yours ous 's business have a City contractl ir Yes ir- No Karen C Beard Page 4 of 6 Does your employer or ycurs ous 's employer have a City contract? r Yes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? ............... r Yes r. No Are you, yours ous our business or yours ous 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® I don't know if the Health and Human Services counts. I work in the healthcare field at Driscoll Children's Hospital. Board-specific questions (if applicable) Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided int City for at least 3 years? r. Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? ir Yes ir. No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? r. Yes r No Karen C Beard Page 5 of 6 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? V Health and Human Services V Youth and Family Services Karen C Beard Page 6 of 6 Karen Beard Education: University of Oklahoma 1979-1981 Education Oklahoma Community College &Tulsa Junior College 1987-1991 Studied Education and Business Profile NHTSA Child Passenger Safety Instructor for 18 years. Organizational memberships: Coastal Bend Regional Advisory Council, , Child Fatality Review Team, Coastal Bend Youth Alcohol Awareness Committee. I have served on many community boards appointed by City Council including the Health Advisory Board, Head Start and Transportation Advisory Committee, former member of Injury Prevention of Governors EMS and Trauma Advisory Council Certifications: National Highway Traffic Safety Administration Child Passenger Safety Technician August 1999-October 1999 National Highway Traffic Safety Administration Child Passenger Safety Instructor October 1999-present American Heart Association BLS/Healthcare Provider Current to date American Heart Association BLS/Healthcare Provider Instructor 2005-2011 (renewing) Employment: Driscoll Children's Hospital,August 1999-Feb 2011 returned November 2016 to current Injury Prevention Program Injury Prevention Training Coordinator • NHTSA child passenger safety technician in 1999. • NHTSA Child Passenger Safety Technician Instructor in 1999,currently the only Instructor south of San Antonio all the way to the Valley. • Speak at various area conferences. • Wrote numerous grants to fund Injury Prevention Program, average grant amount of$65,000.00 per year. • Presents to community groups on injury prevention topics including child passenger safety and other non- intentional injuries. • Represent DCH to media and newspaper on Injury Prevention programs and Injury Prevention education. • Speaker at area conferences on child passenger safety and all areas of non-intentional injuries. • Collaborate with local law enforcement and community agencies on child passenger safety. • Represent Injury Prevention Programs at Health Fairs. • Educate hospital staff in Corpus Christi. Dr. Mark Dodson—November 2011-2013 Worked for Dr. Dodson in both his medical office and medical spa. • Give injections, check blood pressure and vitals. • Provide treatments on all equipment. • Medical Esthetician Chemical Peels. • Ultherapy Advanced Training Certified. • Cool Sculpting Certified. • Syneron Laser Hair Removal, SRA Certified, Matrix and Skin Tightening. Ingraham Orthodontics-May 2014-2016 Marketing Coordinator May 2014 • Created and maintain new webpage,including layout and content. • Create and maintain all Social Media sites. • Create in-house on online contests for patient participation. • Visit referring Dentist offices. • In-house computer repair. • Create promotional brochures. Community Participation Served on the Injury Prevention committee of the Governors EMS and Trauma Advisory Council 2008-2010 Graduated from CC Citizens Fire Academy 2015 Graduated from CC Citizens Police Academy 2015 Graduated Civilian Police Academy,Victoria 2014 Traffic Advisory Board, City Council appointed- November 2006 to 2012 and reappointed October 2016. Bicycle Committee Nueces County-2009-2013 re-appointed October 2016 Citizens Health Advisory Board City Appointed- November 2002 to 2006 Safe Sleeping planning committee-2009 Head Start Health Advisory Board-October 2002 to October 2009 CC Corpus Christi Youth Alcohol Awareness Coalition- June 2000-2010 First Baptist Church US Mission Board Chairman 9/99-to present FBC Recreation Ministries Committee 9/2002 to present Bell Towe NHTSA child passenger safety technician in 1999r Board of Directors (non-profit) 2016 to present CITY OF CORPUS CHRISTI Submit Date: Oct 03, 2017 Application for a City Board, Commission, Committee or Corporation Profile Ruben Garcia III Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 5 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 30 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone Corpus Christi ............ Aircraft Examiner Employer Job Title 308 3rd St. Work Address-Street Address and Suite Number Ruben Garcia III Page 1 of 6 Corpus Christi Work Address-City TX Work Address-State 78419 Work Address-Zip Code 361-961-6289 Work Phone ruben.garcia180.civ@mail.mil Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Associate's Degree-Liberal Arts, Del Mar College Bachelor's Degree-Administration, Minor in Human Resources, University of the Incarnate Word Graduate Student-Masters in Public Administration, Texas A&M Corpus Christi Why are you interested inserving on a City board, commission or committee? I have a desire to serve my community in a greater capacity. I believe I can make a positive impact in our local community with my education and professional experience. Ruben Garcia III Page 2 of 6 Ruben Garcia III resume docx Upload a Resume Ruben Garcia Bio.docx Please upload any additional supporting documents. Demographics Ethnicity ............... �W Hispanic Gender IW Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Agree Ruben Garcia III Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes ir- No Do you, yours ous , your business or yours ous 's business have a City contractl r Yes r. No Does your employer or yours ous 's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r. Yes r No Ruben Garcia III Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® I work for the Corpus Christi Army Depot. While I am confident I can perform the official duties given my experience, there may be a time when it is mandatory to work overtime. I have not seen this mandate in several years, but it is possible given the nature of our mission to support the war fighter. In the event I am on call, I may not be able to respond immediately due to a possibility of mandatory over time. But I will certainly answer the call upon immediate availability thereafter. Board-specific questions (if applicable) Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided int City for at least 3 years? ir- Yes ir No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? ir Yes ir. No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? Yes r No Ruben Garcia III Page 5 of 6 Ruben Garcia III Page 6 of 6 ee�rusc�r�rr�rta.��rpEpar "� °"" srnes,eas�r�casr€r�rc r�u ■ Biograp r Ruben Garcia III Aircraft Examiner Directorate of Engine and Power Train Production e ;i „r y , %0rrr�0`i �, r Ruben Garcia was born in Corpus Christi, TX in 1984. He attended Mary Carroll High School and graduated in 2002. After a semester at Del Mar College, he joined the United States Air Force Reserve and started his career in aviation maintenance. Realizing the importance of education, Ruben took advantage of his educational benefits and went back to Del Mar College. He achieved his Associates Degree in Aviation Maintenance Technology from the Community College of the Air Force. Furthermore, he finished the program at Del Mar College and attained a second Associates Degree in Liberal Arts. Ruben continued his education at the University of the Incarnate Word and obtained a Bachelor of Arts in Administration with a minor in Human Resource Management in 2015. Currently, he is pursuing a Master's in Public Administration at Texas A&M Corpus Christi. Ruben started his career in aviation maintenance in 2003, and after serving in support of Operation Enduring Freedom, he was offered a full time job with the Air Force as a civilian working as an aerospace propulsion specialist. Thereafter, Ruben transferred to the Corpus Christi Army Depot in June 2007. He started his CCAD career as a helper, and with hard work and determination was soon promoted to a journeyman level mechanic in April 2008. With a commitment to professional development, he was accepted into the CCAD UPLIFT Program and graduated in 2014. During this time Ruben was then promoted to work leader in Rotor Control. After a year, he accepted a position as a Quality Control Inspector where he supported Transmission, Gearbox, and Rotor Head systems. Currently, Ruben serves as an Aircraft Examiner for the Directorae of Engine and Powertrain Production. Ruben is a dedicated husband and father of two beautiful little girls. He volunteers at his local church where he is an active member at Most Precious Blood Catholic Church. He is currently a member of the Texas Air National Guard as a non- commisioned officer. D :0 D our Public Affairs Office 308 CrecySt. Mail Stop#11 Command Ste. Room#116 Corpus Christi,TX 78419 Scan website www.ncad.e toar visit p P website @ www.ccad.army.mil II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Ruben Garcia III OBJECTIVE With over 13 years of professional experience, I specialize in compliance with a wide range of specialties such as environmental, safety, airworthiness, quality management system, and International Organization for Standardization. My experience also includes the importance of business development by making decisions based on analytical trends. In addition to earning a Bachelor's Degree from the University of the Incarnate Word, which has provided a foundation in organizational development, I strongly believe in my aptitude to adapt, learn, and apply myself to achieve organizational goals. QUALIFICATIONS • Over 13 years of professional experience • Bachelor of Arts in Administration • Strategic planning experience • Business decisions based on cost estimates • Analyzing trends for process improvements • Specialize in compliance • Strong research skills • Quality Management System experience • Military veteran • Civilian Service Medal WORK HISTORY AIRCRAFT EXAMINER/CORPUS CHRISTI ARMY DEPOT/JUNE 2016-PRESENT Conduct examinations, and evaluations of a variety of Army, Navy, and/or Air Force aircraft rotary wing transmissions and gearboxes on a pre-induction basis, inclusive of the different systems, subsystems, components, and sub-components and parts thereof, either within the assigned workload of CCAD, or for aircraft powertrain components assigned to foreign countries or different contractors for the purpose of determining the depth and scope of the necessary repair, overhaul, and/or modification required to return such aircraft components to a serviceable condition in accordance with the applicable Project Directive, mission statement, or customer specified statement of work. Prepare cost estimate reports, outlining parts and material required to repair such aircraft rotary wing transmissions and gearboxes, as well as forecasting labor requirements and cost; to accomplish needed repair, overhaul, and modification. Relevant skills: upper level position, strong adherence to a variety of standards, procedures, policy, tech data, regulations, quality management system, analyze trends, make business decisions based on cost estimates, team building, meeting deadlines, training others, work under pressure, establish work guidelines QUALITY CONTORL INSPECTOR/CORPUS CHRISTI ARMY DEPOT/FEBRUARY 2015-JUNE 2016 Serve as a quality control inspector responsible for inspection of a variety of aircraft transmissions, gear boxes, other power train assemblies, and related components that have been overhauled, repaired, or modified by trade workers. Work may involve assignment at any one of several inspection stations, located in individual shops that may specialize in a certain model of the equipment identified. Performs in-process and final acceptance inspections. Monitor testing of items and/or performs static or operational tests. Assure that all work processes accomplished meet established quality control criteria, i.e., good workmanship, specified measurements and tolerances, and conformance with current technical data and work specifications. Relevant skills: quality control, strong adherence to a variety of standards, procedures, policy, tech data, using automated systems to analyze both successful and unsuccessful trends, assist management with business decisions based on analytical trends, documentation of objective evidence, teamwork, team building, working well under pressure, meeting deadlines, writing reports WORK LEADER/CORPUS CHRISTI ARMY DEPOT/FEBRUARY 2014-FEBRUARY 2015 Lead a branch of the transmission production operations in a highly industrialized depot complex engaged in the maintenance, repair, and/or overhaul of gearbox assemblies, sub-assemblies, accessories, components, and other parts. Carry out plans and execute all operational, some administrative and technical functions of the organization from management. Distribute assignments to subordinates and establish timelines. Verify work in progress and when finished, check for compliance with supervisor's instructions on work sequence, procedures, methods, and deadlines. Relevant skills: Compliance with all technical data, research skills, team building, working under pressure, meeting deadlines, executing plans, training others EDUCATION BACKGROUND University of the Incarnate Word Bachelor of Arts in Administration MILITARY BACKGROUND U.S. Air Force Reserve September 2003-September 2012 Honorable Discharge (Staff Sergeant) Supported Operation Enduring Freedom/Operation Iraqi Freedom National Defense Medal, Air Force Achievement Medal, Armed Forces Reserve Medal w/ M device, Global War on Terrorism Service Medal Texas Air National Guard December 2015-Current Staff Sergeant Professional references upon request i i v � � ��� �fi 4C�e �ttez�stta�c arl �� � i Je ri ,.,., �i�� ��i 1uw�° �a �s ro � u..o-. i r� � ii IIII III�I wl � ma,.ry s�r�b r � i� � ��IIIIIIIIIIIU �ba +sn.� uc � II�������� luuuuuuuuu i� uuuuuuw � ax �f�yM �� (iU �ip � ' iii ��� � �im � ! � � iII IIIIIIIIIIIIIIIIVIIN �.���1°app° � � i �i�u�llllll IIIIIIII� '� I �Ii ' � ° � � I�� I��Iq� umUl r r u IIo \ � � w��uiiuiiu � i�liiii�uuuuuuu� " ' hill �Ill� muuuuuuuuui��llll� �f � �i u �'�� �Illlllllllui ���� � uul� � � ,' CITY OF CORPUS CHRISTI Submit Date: May 16, 2017 Application for a City Board, Commission, Committee or Corporation Profile Craig C Hebner Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 1 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 37 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone Horton AultomIaltilic,I I I I I I I I I I I I I I I I I I I I I I I I I I I I 'Customer,Care/,'Parts,'MapagpT... Employer Job Title 4242 Baldwin Blvd Work Address-Street Address and Suite Number Craig C Hebner Page 1 of 7 Corpus Christi Work Address-City Texas Work Address-State 78405 Work Address-Zip Code 3618666719 Work Phone Craig_Hebner@Overheaddoor.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? AIRPORT BOARD: Submitted BUILDING STANDARDS BOARD: Submitted CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) Trustee on Board of Directors for Wood River Home Owners Association Craig C Hebner Page 2 of 7 Why are you interested inserving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. Craia—flesu me 5-1-16 2 docx Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity V Caucasian/Non-Hispanic Gender V Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. V I Agree Craig C Hebner Page 3 of 7 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information I understand that if any member oft 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 c ® I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes (- No Do you, yours ous , your business or yours ous 's business have a City contractl ir Yes (- No Craig C Hebner Page 4 of 7 Does your employer or ycurs ous 's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? ............... r Yes r No Are you, yours ous our business or yours ous 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Board-specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any oft following categories? �W None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner int City of Corpus Christi? r- Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided int City for at least 3 years? r. Yes r No Craig C Hebner Page 5 of 7 Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? Yes ` No 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? 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? Not Connected with Oil and Gas Well Industry Question applies to WATER RESOURCES ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? Residential Customer and Home Owner of City's Water System Craig C Hebner Page 6 of 7 Craig C Hebner Page 7 of 7 Craig C. Hebner Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015— Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review projects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study job specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction projects • Prepare and submit budget estimates and progress /cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out 0 Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 —January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel,job site equipment, and materials needed • Prior to arrival on j ob site, prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel, material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids Lead Engineer 2009-2012 Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well-bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Tetra Mud School Combat Lifesavers Course Tetra Well Control School Combat Controller Fluid Engineer School Basic EMT Course Defensive Driving Range Safety Officer Plant Operations Course Heavy Equipment Operators Course PEC SafeGulf School of Infantry PEC SafeLand Marine Corps Leadership School Offshore Safety Certification Flight Deck Safety Course IADC Global Leadership Course Crane & Riggers Course Forklift Certification Offshore Safety Certification Rig Pass HSE Safety A.R.C. CPR and First Aid Certification CUDD Firefighting School CUDD Well Control School H2S Certification References Available Upon Request CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2017 Application for a City Board, Commission, Committee or Corporation Profile Robert C Soape Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 5 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 8 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone P/a, Employer Job Title n/a Work Address-Street Address and Suite Number Robert C Soape Page 1 of 7 n/a Work Address-City n/a Work Address-State n/a Work Address-Zip Code n/a Work Phone kolt45soape@gmail.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted COMMISSION ON CHILDREN & YOUTH: Submitted HUMAN RELATIONS COMMISSION: Submitted LANDMARK COMMISSION: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted TREE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: I am currently applying to all boards and comittees necssary to help my community Education, Professional and/or Community Activity (Present) graduated in 2010 from ray highschool and currently reaching out to any and all those I come across who are wanting to see a change within our local community Robert C Soape Page 2 of 7 Why are you interested inserving on a City board, commission or committee? I want to be apart of the change I wish to see around me and it starts right here in the city of corpus Christi tx Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity V Other Gender V Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. V I Agree Robert C Soape Page 3 of 7 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information I understand that if any member oft 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 c ® I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes (- No Do you, yours ous , your business or yours ous 's business have a City contractl ir Yes (- No Robert C Soape Page 4 of 7 Does your employer or ycurs ous 's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? ............... r Yes r No Are you, yours ous our business or yours ous 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Board-specific questions (if applicable) Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided int City for at least 3 years? ............... r. Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? r Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? r. Yes r No Robert C Soape Page 5 of 7 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? None Selected Question applies to HUMAN RELATIONS COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Question applies to LANDMARK COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected 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 category7 ir Yes ir. 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? None Selected Robert C Soape Page 6 of 7 Robert C Soape Page 7 of 7 City Of Corpus Christi COMMITTEE FOR PERSONS WITH DISABILITIES BOARD DETAILS The Committee for Persons with Wb. wn Wfi vm�.m., Disabilities provides a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the City; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. COMPOSITION PJfn I91 res¢ dents of the city who shai8 be appoiratecl b th Cit Camcii I he rrterr bersN' p of the c:,) ma ttee .Nrai8 be aart'tg o^ ecl of in clk,aa.$naai^:with cfisabihbes and repre print ct¢ries of agencies ie and 9o.aracJd+rrrwr'ca rPJt'r n the (`M)m Y ttee's area who are intere teci in the pro,vi w"Bon o: i rr+Bate„'^. t,a peons with cfisabohUes and others who are int,rr ^.teci in the^cdroigt . and specific c ificw n eci o: DETAILS persons with cfisbd hties, :a.abec t to Cowo c ii^cppravai. I he I lo„arnan He,atac ns Admantrator, Director or Parks and Hecreation, and Be Hcfin g OMc i ai shai8 si::lura as e^ oMc.io non rr,���;rUrta,members I he Chairperson o; the CaorrtartaUee Jor PerSr;arrS with D¢^.abilitu s^.draH .e frig a. ^crrex..crihcio r,,o ng member of the 1 lo.arnan HeJ ataon Comma ^rtae:art. CREATION/AUTHORITY Chapter 2, �prticte IIS Dhii.tie:n �.,Cod tr9 e�:J)r+.$mnanc es^ ^�Jcra PJo 02,42&8 12/1;"N/01) MEETS ist VVecicaesday°of the rrtonth at 00 p m ,City 1 iaH, City Ct;eo,a c i8 Chambers TERM DETAILS Iwo year st tc.gereci terms DEPARTMENT I lo,.m n t e;ata+'arrant OTHER INFORMATION COMMITTEE FOR PERSONS WITH DISABILITIES Page 1 of 1 Committee for Persons with Disabilities February 13,2018 Four(4)vacancies with term to 2/1/20.(Note:The committee is recommending the reappointment of Marshall Burns,James Chadden,Dalia Guitierrez and Anthony M Navarrette.) IIP.�.�N.II��IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP.". . du..MM�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIRI�.a.... IIIIIIIIIIIIIP.. . .�. Ill. MM IIP..O.. .. ... IIPd�"dII.N"IO. �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�au..N.r.M.a.M.m Marshall Burns COMMITTEE FOR PERSONS WITH DISABILITIES Seeking Reappointment District 2 2 2/1/18 Vice-Chair 70%7/10(3 exc.) James(T.C.)Chadden COMMITTEE FOR PERSONS WITH DISABILITIES Seeking Reappointment District 2 Partial 2/1/18 90%9/10(1 exc.) Dalia Gutierrez COMMITTEE FOR PERSONS WITH DISABILITIES Seeking Reappointment District 1 1 2/1/18 20%2/10(8 exc.) Anthony M Navarrette COMMITTEE FOR PERSONS WITH DISABILITIES Seeking Reappointment District 3 Partial 2/1/18 80%8/10(2 exc.) Richard Soli COMMITTEE FOR PERSONS WITH DISABILITIES Active District 2 3 2/1/19 Chair Mary C Bustos COMMITTEE FOR PERSONS WITH DISABILITIES Active District 3 2 2/1/19 Joe A,DeiaGarza COMMITTEE FOR PERSONS WITH DISABILITIES Active District 3 1 2/1/19 Sabrina Ramirez COMMITTEE FOR PERSONS WITH DISABILITIES Active District 1 1 2/1/19 or,Anthony Zoccolillo COMMITTEE FOR PERSONS WITH DISABILITIES Active District 4 2 2/1/19 Human Relations Administrator COMMITTEE FOR PERSONS WITH DISABILITIES Active N/A N/A Ex-Officio,Non-voting Building Official COMMITTEE FOR PERSONS WITH DISABILITIES Active N/A, N/A Ex-Officio,Non-voting Parks and Recreation Director COMMITTEE FOR PERSONS WITH DISABILITIES Active N/A N/A Ex-Officio,Non-voting Committee for Persons with Disabilities Applicants February 13,2018 VIII PIM Belinda Barrera COMMITTEE FOR PERSONS WITH DISABILITIES District 3 Port Royal Hwy 361 Corpus Christi TX 361-749-5011 Inez Garcia COMMITTEE FOR PERSONS WITH DISABILITIES District 3 Retired Vanessa P Nisbet , COMMITTEE FOR PERSONS WITH DISABILITIES District 2 The Rise School of Corpus Christi 744 Everhart Rd. Corpus Christi TX 361-814-9399 Elizabeth F Schlueter COMMITTEE FOR PERSONS WITH DISABILITIES Districts The Deaf and Hard of Hearing Center 5151 McArdle Road Corpus Christi TX 361-993-1154 CITY OF CORPUS CHRISTI Submit Date: Nov 25, 2017 Application for a City Board, Commission, Committee or Corporation Profile Belinda Barrera Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 3 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 41 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone Port Roy4j..................................... front desk Employer Job Title hwy 361 Work Address-Street Address and Suite Number Belinda Barrera. Page 1 of 6 port aransas Work Address-City tX Work Address-State 78373 Work Address-Zip Code 3617495011 Work Phone lovebblucky@yahoo.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD: Submitted COMMISSION ON CHILDREN & YOUTH: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted LIBRARY BOARD: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) college student major communications Why are you interested inserving on a City board, commission or committee? to be involved in my city Upload a Resume Belinda Barrera Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity �W Hispanic Gender �W Female Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Belinda Barrera. Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes ir- No Do you, yours ous , your business or yours ous 's business have a City contractl r Yes r. No Does your employer or yours ous 's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r Yes r. No Belinda Barrera Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® na 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 oft following categories? V Health and Human Services Question applies to LIBRARY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any oft following categories? V None of the above Belinda Barrera Page 5 of 6 Belinda Barrera Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Dec 04, 2017 Application for a City Board, Commission, Committee or Corporation Profile Inez Garcia Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 3 (Note: If you do not know your district click here) Current resident of the city? r. Yes r- No 25 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone retired (Company has been San Patricio Cnty. Senior closed for several Services Director,(retired .............. Employer Job Title 500 S. San Patricio Work Address-Street Address and Suite Number Inez Garcia Page 1 of 6 Sinton Work Address-City Texas Work Address-State 78387 Work Address-Zip Code 361-364-0220 Work Phone nana2love6@yahoo.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted LEADERSHIP COMMITTEE FOR SENIOR SERVICES: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: The Advisory Council on Aging/Area Agency on AGing Education, Professional and/or Community Activity (Present) (Present) Treasurer for the Special Events Committee at Greenwood Senior Center, Walk & Roll Committee, Senior Services Crown Club. Inez Garcia Page 2 of 6 Why are you interested inserving on a City board, commission or committee? I feel I can bring my expertise to a City Board, commission or committee. I worked for over 30 years representing the elderly and disable in San Patricio County. I worked very closely with the Department of Health and Human Services, Department on Housing, Area Agency on Aging; in which I am now in The Senior Advisory Committee. I was very active in the implementation of the American with Disability Act, where I took extensive training in Austin, Tx. Since my retirement and moving to Corpus Christi I have volunteer in various activities. Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity �W Hispanic Gender V Female Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree Inez Garcia Page 3 of 6 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information I understand that if any member oft 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 c ® I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes (.- No Do you, yours ous , your business or yours ous 's business have a City contractl ir Yes ir- No Inez Garcia Page 4 of 6 Does your employer or ycurs ous 's employer have a City contract? r Yes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? ............... r Yes r. No Are you, yours ous our business or yours ous 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® My husbands employer, Ernest R Garza & Company PC CPA in the past has done the audits for the city. I don't know what there status is at present. As far as I know right now they don't have a contract. I am also a member of the City Advisory Committee at the Area Agency on Aging. I don't know if that would be a conflict. Board-specific questions (if applicable) Inez Garcia Page 5 of 6 Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? �W Senior Center Participant �W Direct Service Agency Inez Garcia Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Oct 10, 2017 Application for a City Board, Commission, Committee or Corporation Profile Vanessa P Nisbet Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 2 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 15 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone The Rise School of Corpus ,Clhlrilslti'''''''','ll''''I'll''''I'll'','ll''''I'll''''II 'Exelplult'i'vellDirle,cltlor'''''''''''ll''''I'll''''II Employer Job Title 744 Everhart Rd Work Address-Street Address and Suite Number Vanessa P Nisbet Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78411 Work Address-Zip Code 361-814-9399 Work Phone director@risecorpuschristi.org Work E-mail address Preferred Mailing Address �W Work Address is Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: n/a Education, Professional and/or Community Activity (Present) Master's Degree in Administration Education, Currently finished a certification in Low-incidence and disability, Currently Executive Director of the Rise School of Corpus Christi. Why are you interested inserving on a City board, commission or committee? I feel I can advocate for the needs of our special needs community as this is what i do on a daily basis. nisbet resume.docx Upload a Resume Vanessa P Nisbet Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity �W Caucasian/Non-Hispanic Gender �W Female Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Vanessa P Nisbet Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. �W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes ir- No Do you, yours ous , your business or yours ous 's business have a City contractl r Yes r. No Does your employer or yours ous 's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r Yes r. No Vanessa P Nisbet Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® n/a Board-specific questions (if applicable) Vanessa P Nisbet Page 5 of 6 Vanessa P Nisbet Page 6 of 6 VaInessaIIIIII liiiii IIIIII ° ° VIII d ti ct to iiiir ......................................................................... Goal oriented and driven, childcare teacher dedicated to educating young children, inspiring minds, and a love for learning. Enthusiastic, hardworking, and motivated educator with strong communication and interpersonal skills to cultivate working relationships within the childcare community. 111111 d ti c at° liiii t t ....................................................................................... Masters of Science Educational Administration December 2010 Texas A&M University- Corpus Christi Bachelor of Science in Interdisciplinary Studies December 2008 Texas A&M University- Corpus Christi Associates of Arts in Teaching Ec-4 Generalist May 2007 Del Mar College-Corpus Christi ................................................................................................................... Pedagogy and Professional Responsibilities EC-4 October 2008 Content EC-4 Generalist April 2009 Special Education EC-12 July 2014 Director Certification August 2014 IIII .edIII at t 111111 iiiii iiiii t c e VainessaIIIIII liiiii IIIIII ° ° Rise School o orpus rls February 2015-Current Executive Director Rise School of Corpus Christi March 2011-February 2015 Lead Teacher (18monthes-3.5 years classroom) Kelly Services (Substitute) August 2010-February 20111 West Oso ISD,Tuloso Midway ISD, Flour Bluff ISD YMCA Summer Camp Director Corpus Christi, Texas Summer 2010 Kindergarten Teacher SS. Cyril and Methodius School 2009-2010 Seashore Learning Center Pre-k 3 & 4 Summer 2009 Camp Counselor Accelerated Reading Interventionist & Accelerated Math Interventionist Spring 2009 3, 4, and 5 grades East Elementary, Taft Texas Student Teaching 2nd grade Stephen F. Austin Elementary Gregory, Texas Fall 2008 Field Base 1St and 2nd Grade Rose Shaw Elementary CCISD, Corpus Christi Texas Summer 2008 Head Start @ Y Pre-K4 Teacher Vainessa111111 liiiii 111111 ° ° 2006-2008 Rethrences: ............................................................................................................ Sherry Rumley Amy Brown Rob George CITY OF CORPUS CHRISTI Submit Date: Oct 15, 2017 Application for a City Board, Commission, Committee or Corporation Profile Elizabeth F Schlueter Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 5 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 17 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone The Deaf and Hard of Hearing 'Clelp,te'r,'''''''','ll''''I'll''''I'll'','ll''''I'll''''I 'Exelplultlilvel,Dirlelp't,orl''''I'll'''ll''''I'll''''I Employer Job Title 5151 McArdle Road Work Address-Street Address and Suite Number Elizabeth F Schlueter Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78411 Work Address-Zip Code 361-993-1154 Work Phone bschlueter@deafhhcenter.org Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: Currently serve on the Functional Needs Support Team (FNST) for the City. Coordinate with other non profits and am a member of the Executive Committee 501 c3 non-profit team in our community. Involved in emergency management functions for assisting when occur and when needed as a leader for The Deaf and Hard of Hearing Center. Prepare and provide presentations to share knowledge and advocacy for Rotary, Friday Morning Group and a member of the Wednesday morning group to assist and link vital resource information as needed. Elizabeth F Schlueter Page 2 of 6 Education, Professional and/or Community Activity (Present) Education: Master of Business Administration I December 12, 2009 1 University Of The Incarnate Word Bachelor of Business Administration I August 11, 2007 1 University Of The Incarnate Word Major: Management. As a Graduate of Leadership Corpus Christi, Class 42, Past Westside Business Association Board Member, and Community advocate I am excited to join a team to lead volunteer business solutions, organizational development, and customer service consultant and project initiatives with grant and contract management expertise. Current role: EXECUTIVE DIRECTOR I THE DEAF AND HARD OF HEARING CENTER 16/2016 to Current • Serve as Chief Administrative Officer for The Deaf and Hard of Hearing Center and its affiliates and is responsible for development and management of its affairs. - Responsible for executing the day-to-day operations of the Deaf and Hard of Hearing Center• Plan for administering the fiscal resources of the center and manage staff and provide for on-going staff development • Responsible planning and developing unique programmatic efforts in response to needs of the Center communities and talking to community organizations and promoting the center to increase awareness and help solicit funds • Maintain active relationships with the Deaf and Hard of Hearing communities and other service providers in the Coastal Bend, the state and beyond. Why are you interested inserving on a City board, commission or committee? I believe in our city and the core values that every person matters. We are better united and bringing individuals together to achieve a community goal that is bigger than who we are individually. Our mission is to provide services to deaf, hard of hearing and hearing individuals for advocacy, education, training and empower those with a hearing loss. This is important, but more important is that no one gets left behind and that all have a people first mentality. Elizabeth SchlueterUpdate d Functional Resume 10- 17.docx Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity �W Caucasian/Non-Hispanic Gender �W Female Verification Elizabeth F Schlueter Page 3 of 6 City Code Requirement - Residency 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. V I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Elizabeth F Schlueter Page 4 of 6 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, yours ous , your business or yours ous 's business have a City contractl r Yes r- No Does your employer or yours ous 's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r Yes No Are you, yours ous our business or yours ous 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® NA Board-specific questions (if applicable) Elizabeth F Schlueter Page 5 of 6 Elizabeth F Schlueter Page 6 of 6 Elizabeth Schlueter Objective As a Graduate of Leadership Corpus Christi, Class 42' Past Westside Business Association Board Member, and Community advocate | arnexcited bojoin ateam bolead business solutions, organizational development, and customer service consultant and project initiatives with contract management expertise. Skills & Abilities Planning and Contract Management Lead' plan, organize' and control to balance work' time, and team support for best possible effectiveness as well as productivity by setting goals with timelines to meet or exceed overall objectives. Understanding of Customer Service and its impact on the bottom line, coupled with a history ofcneadng' developing, and implementing programs to increase company performance membership initiatives and financial outcomes. Liaison for Center Foundation, facilitated fundraisers' marketing and public relations with dynamic processes and continuous improvement. Revenue doubled from one fundraiser to the next through planning, with budget' and goals while monitoring to balance for fiscal success. ~ Through proactive communication and expertise | have assisted many teams in implementation of expectations, training, development, and coaching for stronger organizational, time management' and problem solving with immediate results. Project Management Project management with architects and engineers for cost impact with quality assurance through audits for twelve buildings that serve over IQ' QQQ individuals on re-roofing, parking lot replacement, window replacement, construction, and many other projects for more productive and better working environments. bast Grant involved with was number one in City out of twelve and received $280'000 in funding' and over $500'000 in total funding. Strong attention to detail and documentation skills, with business acumen and commercial awareness project recognized in an audit of Community Development Block Grant as being I0096 compliance. Assets Management ^ Created a proposal and recommendation that was approved by the Foundation Board of directors and approved bythe Board oftrustees toprovide healthy messages through a $4Q'QQQLED monument sign that will be sharing information to potentially 300'000 plus community members. Cost Effectiveness Over twenty rs of high visibility experience providing leadership to meet deliverables and goals while identifying issues to save on costs. Ran descriptive statistics for annual data in cellular cost of 280 staff to determine need for phone and proposed options for stipend or other communication avenues. Narrowed information to opportunities oftrending data from 4to6months 1uidentify maximum cost savings. Outcome recommended and approved by the executive management team resulted in an annual cost savings of$18, 267.72. Facilitated borrowed partner process for grand opening of local stone' saving company $60'000 in hiring and investment costs. Safety Certification from the Division of Emergency Management for completion of academic requirements for emergency planning and special needs population. Led federal compliance as the liaison for the joint commission which included emergency management with 14 other chapters and over I'OOO standards and elements of performance. Corporate Safety Representative in a law suit for Target Corporation and won case saving the company thousands of dollars. Technical Compliance with Federal, State' and Local laws. Global Corporate knowledge of coordinating Grants and Contracts with detailed and analytical skills from planning to monitor for positive financial results. Executes organizational objectives while multi-tasking and managing multiple major projects at the same time. Texas Administrative Codes (TAC) utilized in creating requests for proposals/applications. Experience with Medicaid Managed Care, insurance, billing, and coding working with multiple vendors and providers. Resilient and responsive to tackling new challenges on a daily basis with excellent multi-media tools, electronic files, data analysis, verbal and written communication skills. Experience EXECUTIVE DIRECTOR I THE DEAF AND HARD OF HEARING CENTER 16/2016 to Current Serve as Chief Administrative Officer for The Deaf and Hard of Hearing Center and its affiliates and is responsible for development and management of its affairs. Responsible for executing the day-to-day operations of the Deaf and Hard of Hearing Center Plan for administering the fiscal resources of the center and manage staff and provide for on-going staff development Responsible planning and developing unique programmatic efforts in response to needs of the Center communities and talking to community organizations and promoting the center to increase awareness and help solicit funds Maintain active relationships with the Deaf and Hard of Hearing communities and other service providers in the Coastal Bend, the state and beyond. INSTRUCTOR-SUCCESION PLANNING (Exp Coordinator )CAREER SERVICES DIRECTOR SOUTHERN CAREER INSTITUTE 11/2015 -6/2016 Responsible for delivery of course materials and instruction for academic programs to prepare the student for the workplace knowledgeable of institutional educational policies and procedures Participate in curriculum development and revision CONTRACT MANAGER I BEHAVIORAL HEALTH CENTER OF NUECES COUNTY 19/2008-2/2014 Fundraising Leader, Planning Network Advisory Committee Liaison, Local Plan Coordinator Joint Commission Accreditation Facilitator, attended Conference in Chicago, 2010, 2011 and 2012 Contracts, Grant and Request for Proposal (write, review and management) Quality Management and Supervised for Quality Control Inspector at CCAD (Contact-janitorial Services) Creclentialing, Best Value Cost Analysis, Procurement Experience and ADA Compliance (plans and execution) Human Resource functions and Member of Functional/Access Needs Team for the City STORE MANAGER I BARNES & NOBLE COLLEGE BOOKSELLERS FOR TAMUCC 1 11/2007 TO 6/2008 Responsible for hiring, payroll, scheduling, ordering, merchandising and total store operations. Work towards buying back used books for student and University success, up 16% As a service for the University communicated and maintained partnerships with the TAMUCC Provost, Faculty and Deans of the College EXECUTIVE TEAM LEADER I TARGET CORPORATION 1 11/2003-11/2007) Assisted in leading a 43 million a year successful retail store Responsible for assisting with the following: hiring, payroll, scheduling, ordering, merchandising and total store operations Was selected to attend Leadership Academy for Target in Atlanta Support help in Alexandria, Louisiana after Hurricane Katrina Page 2 . Safety Captain for the store/Assessment Captain for the store and district team 2006 STORE MANAGER I STARBUCKS COFFEE COMPANY 1 12/2002-9/2003 Planning and execution of a very successful job fair, friends &family and grand opening Beat opening sales budget and extended hours of operation Responsible for hiring, payroll, scheduling, ordering, merchandising and total store operations Assisted with the opening of new stores in Laredo, San Antonio, El Paso and New Braunfels and helped create a new store opening book for future store openings. New store opening specialist. ASSISTANT STORE DIRECTOR I HEB GROCERY COMPANY 19/1994-8/2002 Assisted Unit/Store in leading a 65 million a year successful retail unit Ensured that customers were provided quality products and superior customer service Lead HEB in Ingleside, Texas while Store Director was opening a new store in Rockport, Texas Taught "Diversity"to over 1500 partners in the Gulf Coast Region, assisted in creation of new financial training roll-out for the Company Education Master of Business Administration I December 12, 2009 1 University Of The Incarnate Word Bachelor of Business Administration I August 11, 2007 1 University Of The Incarnate Word Major: Management Page 3 City Of Corpus Christi LEADERSHIP COMMITTEE FOR SENIOR SERVICES BOARD DETAILS The Leadership Committee for Senior Services ...... ........ assists the Senior Community Services (SCS) �Illuuu� division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION 1 i een w 1p;a members repre& mar g the 9o1Nowing categories2 Ser ka)rC, nr er partaa op,arrts, Direa ennc e agenaes, and I is Communr ty°repress::lnatk, s. rrati aly°,e¢aa ht(8)members shaH be appy rorrt&l 9or,a term or d:;rr're year ancl 10vr'r rrtembers sN'aH be app6ntecl 9or,'a term or two ye ars. DETAILS CREATION/AUTHORITY Chapter 2, Admnr tr,atad n,Arke II"V, Dh,,is:on 15,Cd':ad or ()rcfiga arra e w^Idrefin,arra yJa:;r.02,46 3, 1211 U()1),(,)rc$ yaa r 02852i i 7, 3/30/10 MEETS 1 st 1 hur d ay or e,v ry°month at 10 p m ,at r,arious sates TERM DETAILS 1 wo ye,ar st aa.1r.1erec$terms DEPARTMENT Parks,and He re ata+'n Dt psartarrenr OTHER INFORMATION LEADERSHIP COMMITTEE FOR SENIOR SERVICES Page 1 of 1 Leadership Committee for Senior Services February 13,2018 Seven(7)vacancies with terms to 2-1-18 representing the following categories: 1-Agency Representative,5-Community Representatives,and 1-Senior Center Participant.(Note:The Leadership Committee for Senior Services is recommending the reappointments of Joanne Garcia(Agency),George A.Berry(Community),Peggie A.Lewis(Community),Patricia A. O'Brien(Community),and Katherine Heslip(Senior Center Participant).They are also recommending the new appointments of Gary Wicks and Inez Garcia.) lllllllllli!!!p°" VIII IIII °°"" Joanne Garcia LEADERSHIP COMMITTEE FOR SENIOR SERVICES Seeking Reappointment District 2 1 2/1/18 Agency 43%3/7 meetings(3 exc.) George A Berry LEADERSHIP COMMITTEE FOR SENIOR SERVICES Seeking Reappointment District 5 1 2/1/18 Community 100%6/6 Sonny G.Fiero LEADERSHIP COMMITTEE FOR SENIOR SERVICES Resigned District 2 1 2/1/18 Community Peggie A Lewis LEADERSHIP COMMITTEE FOR SENIOR SERVICES Seeking Reappointment District 3 1 2/1/18 Community 86%6/7 Patricia A.O'Brien LEADERSHIP COMMITTEE FOR SENIOR SERVICES Seeking Reappointment District 1 2/1/18 Community 86%6/7(1 exc.) Yvonne Solis Recio LEADERSHIP COMMITTEE FOR SENIOR SERVICES Not Seeking Reappointment District 3 1 2/1/18 Community Katherine K Heslip LEADERSHIP COMMITTEE FOR SENIOR SERVICES Seeking Reappointment District 2 1 2/1/18 Senior Center Participant 84%5/6 Dr.Eva M Bell LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 5 1 2/1/19 Agency Theresa Garcia LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 5 2 2/1/19 Agency Maria Elena B Flores LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 4 3 2/1/19 Community Monica Hansen LEADERSHIP COMMITTEE FOR.SENIOR SERVICES Active District 1 2/1/13 Community Willie Hardeman Sr. LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 5 3 2/1/19 Community Denise Villagran LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District4 2 2/1/13 Community Dr Meng Zhao LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 5 1 2/1/19 Community Ginger Bryant LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 2 2/1/19 Senior Center Participant Leadership Committee for Senior Services Applicants February 13,2018 Senior Canter Participant,Direct( Seryice Agency KeIIy AOiggs LEADERSHIPCOMMITTEEFORSENIORSERVICFS District2 Thrive MemaryCare 124SMcArdle Rd Corpus Christi TX 361T98469S Community Senior Center Participant, Direct Service Agency, Inez Garcia LEADERSHIP COMMITTEE FOR SENIOR SERVICES District3 Retired 500 S.San Patricio Sinton TX 361-364-0220 Community Senior Center Participant, John Meehleib LEADERSHIP COMMITTEE FOR SENIOR SERVICES District4 Retired Community MelanieMMuno, LEADERSHIP COMMITTEE FOR SENIOR SERVICES DistrictI La Costa Dental 4506 KoAoryz Rd Corpus Christi TX 361-11W000 Community Senior Center Participant GeryWicki LEADERSHIP COMMITTEE FOR SENIOR SERVICES Districts SPREmployed samees residential Community CITY OF CORPUS CHRISTI Submit Date: Aug 04, 2017 Application for a City Board, Commission, Committee or Corporation Profile Kelly A Diggs Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 2 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 3 years If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone Thr1i1vP,IVIe'mory'Qar'e....................... Community Business ...... ..... .. ... .. ... . ....... . Employer. mployer Job Title 7245 McArdle Rd Work Address-Street Address and Suite Number Kelly A Diggs Page 1 of 6 Corpus Christi Work Address-City TX Work Address-State 1 78412 Work Address-Zip Code 3612884695 Work Phone Kelly.Diggs@thrivememorycare.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: I currently serve on the Mayor's Council on Aging and the Silver Advocate Partners ( a board affiliated with Adult Protective Services) Education, Professional and/or Community Activity (Present) Bachelors in Cultural Communications, community activity; both boards I serve on have current local events we are working on for the community. Why are you interested inserving on a City board, commission or committee? My interest is geared towards wanting to make resources, information, community awareness, and events available for our senior community. KelLy., D Resu me.doc 1 docx Upload a Resume Kelly A Diggs Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity �W Caucasian/Non-Hispanic Gender �W Female Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Kelly A Diggs Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes (- No Do you, yours ous , your business or yours ous 's business have a City contract? r Yes r No Does your employer or yours ous 's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? Yes r No Kelly A Diggs Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Board-specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any oft following categories? �W Senior Center Participant �W Direct Service Agency Kelly A Diggs Page 5 of 6 Kelly A Diggs Page 6 of 6 Kelly A. Diggs Result-oriented self-starter seeking a position that will allow me to grow and bring value within the business;Present a positive,professional attitude, thrive on challenge, work hard and passionately— always in the spirit of providing exceptional customer service. CAREER HIGHLIGHTS & SUMMARY OF QUALIFICATIONS • Recognized for superior levels of customer service and attention to detail. • Always professional and thrives on the day to day challenges to reach goals. • Team Player with exceptional time management and Multi-tasking abilities. • Excellent communication skills; able to build and maintain professional and non- professional relationships. • Dependable, reliable professional known for thriving in a fast-paced environment. • Proven ability to develop and present presentations in the community and within the organizational setting. PROFESSIONAL EXPERIENCE Manager of Volunteer Services Oct 2016- Present Gentiva Hospice Corpus Christi, TX Responsibilities include but are not limited to; managing all volunteer program activities, management of recruitment, retention, and assignment of volunteers. Creates and maintains material and activities to support the program,participation in the development and maintenance of volunteer orientation and ongoing training. The Manager of Volunteer Services is also responsible for all applicable volunteer compliance with Medicare requirements. Manages related expenditures in a fiscally responsible manner in accordance with the Company's budget. Proven ability to develop and present presentations in the community, while displaying excellent public speaking skills.Works with the interdisciplinary team, manage projects from inception to completion,interfaces and communicates effectively with professionals, non-professionals and community. Able to motivate others and demonstrate excellent observation and self-direct with little to no supervision. Agency Director Jan 2014-Sept 30, 2016 Caring Senior Service of Corpus Christi Corpus Christi, TX The purpose of this position is to ensure that the local office is successful in implementing a local strategy that is in line with the corporate strategy. The Agency Director reports to the Agency Owner and is responsible for overseeing all office operations,including problem resolution, maintenance of appropriate staffing levels,billing for services performed, representing the company in the community,business development with potential and all stake holders,planning and participating in networking events around the community. 0 Provide exceptional customer service, ensure all staff provides the same level of service, and allows each client the right to age in place in the manner they wish to, and gives the family peace their loved one is properly cared for and their wishes are be met daily. • Maintain the stability and reputation of the local office by complying with state regulations. • Process and complete all payroll biweekly. • Achieve financial objectives by creating and implementing marketing and recruitment plans including preparing an annual budget; scheduling expenditures; analyzing variances; initiating corrective actions. • Ability to develop and present presentations to professional and non-professional members of the community. • Conduct client consultations and home safety assessments for prospective and current clients. • Resolve customer problems or complaints per the company policies and procedures to achieve positive outcomes. • Review, evaluate, and interpret clinical records,vital statistics, and other data effecting services to ensure appropriate service plan implementation of individual client Care Plan. • Conduct research and analysis of competitors'initiatives and programs and provide results to the Agency Owner on a quarterly basis. • Create, communicate, execute, and manage implementation of quarterly marketing strategies at the local level. • Ensure that all employees receive the required Occupational Safety and Health Administration (OSHA)training annually, if required. • Conduct a comprehensive annual emergency preparedness drill and review by September of each year. • Direct the quality improvement program by conducting chart audits and supervisory visits. • Ensure adherence to the QAPI process by conducting committee meetings twice a year. • Manage all office operational issues,including housekeeping, administrative duties, and physical inventories of forms and marketing collaterals. • Mentor and develop all direct reports - manage work allocation, training, problem resolution, performance evaluation, and build an effective team dynamic in the local office. • Assists with budget functions such as gathering and researching information,preparing documents, compiling data, etc. Gathering and inputting data monthly. • Responsible for recruitment, training, and placement to meet clients and organizational needs. Administrative Assistant/Office Manger 2008-2012 Dr. Keith Dennis&Associates Austin, TX Provide outstanding customer service to all patients and help with all aspects of the day to keep office running smoothly. • Maintained an organized work environment managing multiple tasks successfully while working under tight timeframes with little to no supervision. • Responsible for verification and filing of insurance benefits for all new and existing patients. • Performed accounting duties ensuring timely payment from patients and posting insurance payments. • Responsible for recruitment, and training of all new hires to meet organizational needs. • Top-seller in year supply sales for contact lenses. Kelly A. Diggs Education & Certifications • University of Phoenix-Associates of Arts in Elementary Education- 2011 • University of Phoenix- Bachelor of Science in Communications—2012 • Department of Aging and Disability Services Administrator Certification-2016 Committees &Volunteer Services • City of Corpus Christi Mayor's Council on Aging-August 2015- Present • Adult Protective Services Senior Advocate Partners-August 2015-Present • Corpus Christi Alzheimer's Association 2016 Walk Committee- 2016 References Karen Gutierrez- RN Case Manager, Gentiva Hospice; Andie Medina-Morales- Pharmaceutical Sales/Marketing; Bill Archinal- Franchise Business Consultant, Caring Senior Service National Headquarters; CITY OF CORPUS CHRISTI Submit Date: Dec 04, 2017 Application for a City Board, Commission, Committee or Corporation Profile Inez Garcia Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 3 (Note: If you do not know your district click here) Current resident of the city? r. Yes r- No 25 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone retired (Company has been San Patricio Cnty. Senior closed for several Services Director,(retired .............. Employer Job Title 500 S. San Patricio Work Address-Street Address and Suite Number Inez Garcia Page 1 of 6 Sinton Work Address-City Texas Work Address-State 78387 Work Address-Zip Code 361-364-0220 Work Phone nana2love6@yahoo.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted LEADERSHIP COMMITTEE FOR SENIOR SERVICES: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: The Advisory Council on Aging/Area Agency on AGing Education, Professional and/or Community Activity (Present) (Present) Treasurer for the Special Events Committee at Greenwood Senior Center, Walk & Roll Committee, Senior Services Crown Club. Inez Garcia Page 2 of 6 Why are you interested inserving on a City board, commission or committee? I feel I can bring my expertise to a City Board, commission or committee. I worked for over 30 years representing the elderly and disable in San Patricio County. I worked very closely with the Department of Health and Human Services, Department on Housing, Area Agency on Aging; in which I am now in The Senior Advisory Committee. I was very active in the implementation of the American with Disability Act, where I took extensive training in Austin, Tx. Since my retirement and moving to Corpus Christi I have volunteer in various activities. Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity �W Hispanic Gender V Female Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree Inez Garcia Page 3 of 6 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information I understand that if any member oft 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 c ® I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes (.- No Do you, yours ous , your business or yours ous 's business have a City contractl ir Yes ir- No Inez Garcia Page 4 of 6 Does your employer or ycurs ous 's employer have a City contract? r Yes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? ............... r Yes r. No Are you, yours ous our business or yours ous 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® My husbands employer, Ernest R Garza & Company PC CPA in the past has done the audits for the city. I don't know what there status is at present. As far as I know right now they don't have a contract. I am also a member of the City Advisory Committee at the Area Agency on Aging. I don't know if that would be a conflict. Board-specific questions (if applicable) Inez Garcia Page 5 of 6 Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? �W Senior Center Participant �W Direct Service Agency Inez Garcia Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Dec 29, 2017 Application for a City Board, Commission, Committee or Corporation Profile John Meehleib Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 4 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 17 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone retired Employer Job Title N/A Work Address-Street Address and Suite Number John Meehleib Page 1 of 6 Work Address-City Work Address-State Work Address-Zip Code Work Phone johnml0@a hotmail.com Work E-mail address Preferred Mailing Address None Selected is Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: Have served on the employee advisory board at Driscoll Children's Hospital, on my last position, as a Security Supervisor. Education, Professional and/or Community Activity (Present) I have a BS degree in Education. I am currently active at 3 of the city Senior Centers. Why are you interested inserving on a City board, commission or committee? Would like to contribute, give back to the community, and use my Senior Center experience, and contacts, to make the best use of the City resources in the area of Senior Services. Upload a Resume John Meehleib Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity �W Caucasian/Non-Hispanic Gender �W Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 John Meehleib Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes ir- No Do you, yours ous , your business or yours ous 's business have a City contractl r Yes r. No Does your employer or yours ous 's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r Yes r. No John Meehleib Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® N/A Board-specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any oft following categories? �W Senior Center Participant John Meehleib Page 5 of 6 John Meehleib Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Jan 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile Melanie M Munoz Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 1 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 3 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone Public Relations Outreach 'Lla,Colstla''Dlentla'll''''I'll''''I'll'','ll''''I'lI Coordinator Employer Job Title 4506 Kostoryz Rd Work Address-Street Address and Suite Number Melanie M Munoz Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78415 Work Address-Zip Code 361-854-4000 Work Phone melanie.munoz@lacostaldentalcc.net Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Bachelor of Arts Why are you interested inserving on a City board, commission or committee? To make a difference in our community. Melanie Munoz Resu me.docx Upload a Resume Please upload any additional supporting documents. Melanie M Munoz Page 2 of 6 Demographics Ethnicity �W Hispanic Gender �W Female Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Melanie M Munoz Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes ir- No Do you, yours ous , your business or yours ous 's business have a City contractl r Yes r. No Does your employer or yours ous 's employer have a City contract? r. Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r Yes r. No Melanie M Munoz Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® My husband is a Police Officer with the City of Corpus Christi Board-specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any oft following categories? �W None of the above Melanie M Munoz Page 5 of 6 Melanie M Munoz Page 6 of 6 mi OBJECTIVE: Establish a career in a business to contribute and display established skills and talents. Seeking to help better the company and individuals employed with. EDUCATION: • Economedes High School - Edinburg, Texas - General Studies - Graduate of 2005 • Texas A & M University - Kingsville, Texas - Bachelor of Arts - Magna Cum Laude Graduate of 2015 • Texas A & M University - Corpus Christi - Masters Program in Progress WORK HISTORY: La Costa Dental Public Relations / Outreach Coordinator Nov 2017 - Present • Promote services and provide oral hygiene information to the surrounding communities. • Outside/Inside Dental Appointment Setter • Field Marketing • Booth Location & Event Marketing • Community events coordinating • 13213 marketing. • Establish good report with Human Resources at various companies to provide info for their employees • Senior population/Special Needs event coordinating and marketing The South Texan Advertising Manager Aug 2014 - May 2015 • Managed Texas A & M University Kingsville's only newspaper and magazine • Sold, created and edited advertisements for various organizations and out of campus companies EI Privi LLC Artist Management / Marketing Director July 2010 - July 2013 • Scheduled promotional events for clients signed with the record label • Put together press releases regarding new album releases for multiple artists and company upcoming events • Planned and prepared invoices for musical tale • Scheduled hotel and flight accommodations for members and company owners RGV NRG Advertising Manager/Marketing Director May 2015 - June 2010 • Planned and prepared advertising and promotional material to increase sales and/or services • Gathered and organized information to plan advertising campaigns • Researched, prepared and executed key projects/events which resulted in RGV NRG being one of the largest promotion companies in the Rio Grande Valley Austin Police Department Emergency Dispatcher June 2006 - Dec 2006 • Answered emergency phone calls and dispatched Police, EMS and Fire to applicable locations • Maintained records of police officers and their activities • Multitasked different assignments while communicating with civilians in high stressful situations • Required to write accurate and detailed daily reports REFERENCES: • Sydney Briggs Sales (225) 347-1227 • Christa Lindstead Sales (469) 441-0382 • Eric Escobedo Corpus Christi Police (361) 455-3396 • Monica Lopez Journalist/Photographer (361) 903-4185 • Bianca Calderon Sales (361) 585- 3119 SKILLS: Computer Knowledge: Office Professional: Microsoft Word, Excel, Power Point Fax Published Journalist Photoshop File - Print Bilingual (Spanish) 87 WPM Multi-line Systems Sales IOS (Apple Products) Organization Communication Web & Graphic Design CITY OF CORPUS CHRISTI Submit Date: Oct 11, 2017 Application for a City Board, Commission, Committee or Corporation Profile Gary Wicks Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 5 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 7 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone 'Self'ElmOgypo.................................. Consultant Employer Job Title same as residential Work Address-Street Address and Suite Number Gary Wicks Page 1 of 6 Work Address-City Work Address-State Work Address-Zip Code Work Phone wicks777@aol.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BS in Communications, Minor Theology, Senior Center Volunteer, Church Musician Why are you interested inserving on a City board, commission or committee? I am interested because I enjoy volunteering and assisting our elderly community. Upload a Resume Please upload any additional supporting documents. Gary Wicks Page 2 of 6 Demographics Ethnicity IW Caucasian/Non-Hispanic Gender V Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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. IW I Agree Gary Wicks Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes ir- No Do you, yours ous , your business or yours ous 's business have a City contractl r Yes r. No Does your employer or yours ous 's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r Yes r. No Gary Wicks Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® N/A Board-specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any oft following categories? V Senior Center Participant Gary Wicks Page 5 of 6 Gary Wicks Page 6 of 6 City Of Corpus Christi CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY BOARD DETAILS The Corpus Christi Regional Transportation Authority operates and provides for a public transportation system for Nueces County and the cities included in the Authority. COMPOSITION Hm,,e I,1,a'appa¢nteci by the City Cc;ro me>il;.three app rontecl by P,Jueces Cc;co,ar'tty Commssa c rner. Ca„o,fL two(2) ,approntncl by the Nl ay+ara:of Cities in the 1 r,sans:i.Authority crtptethan Corpus s Christi,and the Chairman who Is app rontecl bythe ae d t+;:r,arcl 1 tte principal Yrlwiic ipallty°shaH rrtad e Its,a'app iratrnents t+':c the bo aarcl so that at least one or the DETAILS ,sapp rontees Is a l sia;n atecl to repre i!:1nt the interests o; the trarts p rrt,'atic:n a.$ms„�do ,,,ant,rgeel (eidedy,persons with cfisabikres or low ina'+)ot'te intorriclu al a 1 he t,a'atd atn cloes not rnany,ate that tttws d t+;:r,arcl member be transportation +.$n^.`n.ro tr,art t,r,. r,lecl IIIthe Chairman Is Isom the rite mberaaNp,the entrty that,app`rir'rteci Vf at per son gall,app irit,a r pi acernent l errt'ts sh all be Iortwo yearsmembers ber,;.;, may n,e up to eici tt t+art':iYdllc aathie years as st,atnci by State I ,a'aw 1 he State Sd.arCa;„rrtanattnn aq�1gests that the,app:rontinap bodies sttafld C,a)n ade9 the approntarnent of ,a regu¢ ar ru.le9 of the tr,an.at system A member of the bo arcl rrto.ast pe,!a+ju almlied r,+at r res6ng In the,!'authori'ty°. CREATION/AUTHORITY ()rcfin ance yper IM 't,in aa)rcl anc n with Antic Ve 1 i i8x, VA,C VA, S.Appro,vecl by eiec tcaras in the cities of Corpopa. Christi,Ac7u a Doke, Dra.cw+)H,+:"aregory, Hcrbstown, San Pat ic.io,and in tioaa c es Cowity on N.qa ¢,.ot W, Itpt , tteso: utdd n tJcr 20263 y° flidce Hlnr t,atadan for rna���urrtper,�w;� �cr�aa rt+.$w u,y terms two n,rra�r ,art+.$^.��ut,art n¢ttht year .e 1l ao,aa:e LH 162 1r,an:prrt,aab an Code,Chapter 451.50I, Nt,atrcrprdat,aan H apicl 1 r,aan^:at rr utyta rritaa s MEETS 1st"VVec$caesd ay,&2:0,a.m , p ,a'at iky,6d02 ti St,a'apies Street TERM DETAILS 1`nrcr ye ar terms DEPARTMENT Corpus Chri.tittna;ional 1r,a'art:pant,a'aticartpdatt'td:;arity° OTHER INFORMATION CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Page 1 of 1 Corpus Christi Regional Transportation Authority Board February 13,2018 One(1)vacancy with term to 6/30/18 representing the following category:1-City Appointee.(Note:City Appointee Edward Martinez was appointed to the vacant chair position. III Illlliiiiiiilm"""" liiiiiiu IIII° ' Vacancy CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Vacant 1 6/30/18 City Anne Bauman CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 5 Partial 6/30/18 City-Transportation Disadvantaged George',8 Clower CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 4 3 6/3D/18 City Patricia B Dominguez CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 1 1 6/30/18 City Larry D Young Sr. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active; District 2 1 6/3D/18 City Scott M Harris P.E. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 1 2 9/30/19 Nueces County Dan S Leyendeckea CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active; District 4 1 9/3D/19 Nueces County Tom Niskala CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 4 2 9/30/19 Nueces County Glenn Martin CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active; 2 9/3D/19 Mayor of other Cities Mike Reeves CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 1 2 9/30/19 Vice-Chair Mayor of other Cities Edward Martinez_; CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 2 2 1/3/20 Chair_' Regional Transportation Authority ; , Corpus Christi Regional Transportation Authority Applicants February 13,2018 Priscilla Alvarez CORPUS CHRISTI REGIONALTRANSPORTATION AUTHORITY Districts AWarei&Co. 5702 S.Staplesste G6 Corpus Chrisd TX City No James(Jim)B.Boggs,CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Self Employed 4701 Donegal Drive Corpus Christi,TX 361-765-8923 City No Robert Cagle CORPUS CHRISTI REGIONALTRANSPORTATION AUTHORITY Districts Retired City No Gabi S Canales CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 Canales law Office 5262 S.Staples Street,Suite 100 Corpus Christi TX 361-887-4700 City No Martin L.Evans CORPUS CHRISTI REGIONALTRANSPORTATION AUTHORITY Districts Freedom Investment Counsel LLC 301 North Shoreline Blvd,STE$60,Corpus Christi TX City Yes Robbin C Goodman CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 TPCO America Corporation 5431 Hwy 35 Gregory TX 361-7048129 City No MuleneKRregwy CORPUS CHRISTI REGIONALTRANSPORTATION AUTHORITY District East Meets West Pmal ctions 1024 Leopard St,Suite A Corpus Christi TX 361,904-0044 City No PauletteG Kluge CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District I Corpus Christi Convention and Visitors Bureau 101 North Shoreline#430 Corpus Christi TX 361-881-1877 City No Chad Magill` CORPUS CHRISTI REGIONALTRANSPORTATION AUTHORITY District Stewart Title 5102 Holly Road,Suite B Corpus Christi TX 361,905-6336 City No Philip C.Skrobarczyk CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 2 Fulton Construction 1102 Second Street Corpus Christi TX 361-993-5200 City No Miohaelt$taff CORPUS CHRISTI REGIONALTRANSPORTATION AUTHORITY District DRR&R$Inc, 6342 Marwick St Corpus Christi TX 361.853.0003 City No Lamont C.Taylor CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District I L.C.Taylor S,Associates 1701 Stillman Corpus Christi TX 361-739-4686 City Yes Bill Thurmy CORPUS CHRISTI REGIONALTRANSPORTATION AUTHORITY District TKO Alarms and Security City No Carlos Vargas CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 3 London ISD 1306 FM 43 Corpus Christi Texas 361-855-0092 City No I Will resign from Corpus Christi Regional Economic Development Corporation Board if appointed. CITY OF CORPUS CHRISTI Submit Date: Sep 02, 2017 Application for a City Board, Commission, Committee or Corporation Profile Priscilla Alvarez Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 5 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 39 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone ,Alvarez &'Co., 'Owner, Employer Job Title 5702 S. Staples ste C-6 Work Address-Street Address and Suite Number Priscilla Alvarez Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78413 Work Address-Zip Code Work Phone prisalvarezl3@a gmail.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Head of SST Girl Scouts, owner of lice removal services company, involved in Boy Scouts. Why are you interested inserving on a City board, commission or committee? To offer my assistance to my city that I was born and raised in and now raise a family and business in. I want to help make progress in this city. Upload a Resume Priscilla Alvarez Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity �W Hispanic Gender �W Female Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Priscilla Alvarez Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir- Yes (- No Do you, yours ous , your business or yours ous 's business have a City contract? r Yes r. No Does your employer or yours ous 's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r Yes r. No Priscilla Alvarez Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing int Authority? (Note: Authority includes the following services s® 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 meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Priscilla Alvarez Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Priscilla Alvarez Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: May 31, 2017 Application for a City Board, Commission, Committee or Corporation Profile James (Jim) B. Boggs AIA Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 5 (Note: If you do not know your district click here) Current resident of the city? r. Yes r- No 53 years If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone 'Self'ElmOgypo.................................. Sr. Architect Employer Job Title 4701 Donegal Drive Work Address-Street Address and Suite Number James (Jim) B. Boggs AIA Page 1 of 6 Corpus Christi, Work Address-City Texas Work Address-State 78413 Work Address-Zip Code 361/765-8923 Work Phone jimboggsregent@stx.rr.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) Professional Degree of Architecture/Design Texas Tech University previous Public Service: 10 years Board of Regents Del Mar College Two (2) terms Municipal Arts Commission for the City of Corpus Chrsiti One Term Library Board (City of CC) PP Corpus Christi Chapter American Institute of Architects. Various committees Texas Society of Architects. Leadership Corpus Christi 1, Member First United Methodist Church Served 10 years as president of Wood River Community Association James (Jim) B. Boggs AIA Page 2 of 6 Why are you interested inserving on a City board, commission or committee? Serving on Community/City/state boards and commissions is life fulfilling It allows one to share with others the ideas and concepts acquired while practicing ones profession. By serving on other committees and boards one becomes a more knowledgeable person and can share more knowledge with others. My Architecture Thesis (necessary to graduate) was a Transportation Center for the City of Fort Worth, TX and much was learned about inter/intra-city Transportation Partial Resu me -jjm,,,,,,,BogcLs AIA 6- 17.doc Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity �W Caucasian/Non-Hispanic Gender V Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree James (Jim) B. Boggs AIA Page 3 of 6 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information I understand that if any member oft 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 c ® I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes (- No Do you, yours ous , your business or yours ous 's business have a City contractl ir Yes ir No James (Jim) B. Boggs AIA Page 4 of 6 Does your employer or ycurs ous 's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? ............... r Yes r No Are you, yours ous our business or yours ous 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing int Authority? (Note: Authority includes the following services s® 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 meaning elderly, persons with disabilities or low- income individuals? r Yes r. No James (Jim) B. Boggs AIA Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. James (Jim) B. Boggs AIA Page 6 of 6 • DMC Board as Regent for 10 years (2006—2016) • Architect, City of Corpus Christi Department of Engineering Services • Coastal Bend Regional Park Foundation Founding member • Texas Ranching Heritage and Horse Park Association Founding Board member • The Arts Council of Corpus Christi Past President • Texas Tech University College of Architecture Alumni Association,which established the "Fund For Excellence"and the "Distinguished Alumni"Awards and 27 Scholarship funds. During his chairmanship the College of Architecture at Texas Tech University was established, separate from the School of Engineering • Municipal Arts Commission, Chair • Corpus Christi Library Board,Vice Chair • American Institute of Architects • Texas Society of Architects • Cross-town Kiwanis Club Distinguished/Founding President • Kiwanis International Division 4, Distinguished Lt. Governor • Leadership Corpus Christi, Graduate of Class 1; active in LCC Alumni Association • Community service and board memberships include Boy Scouts of America, Corpus Christi Emmaus Community,Bucarader Parade Organization, 15 years, Corpus Christi First United Methodist Church • Wood River Commuity Assoc, President, 10 years. • Bold-Future Vision Action team member for Community Identity and Leadership Many other community organizations. CITY OF CORPUS CHRISTI Submit Date: Jan 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Robert Cagle Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 5 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 19 Years If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone Retired from Repcon, Inc - VP Retired from Repcon, Inc - VP Turnaround Division 'TurnaroundPiyisicn Employer ilI , llllr ,IIIIIIIIIIIIIIIIIIIIIII Job Title , lllll ,I I I I I I I I I I I I I I I I I I I I I I I 6322 Grandvilliers Drive Work Address-Street Address and Suite Number Robert Cagle Page 1 of 6 Corpus Christi Work Address-City TX Work Address-State 1 78414 Work Address-Zip Code 3618159982 Work Phone rcagle@mygrande.net Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: No. Previously served on Marina Advisory Committee. Education, Professional and/or Community Activity (Present) BS Engineering Science and Mechanics - N. C. State University MBA - Lamar University Chairman - Salvation Army Advisory Board Coastal Bend Food Bank Board Member PresidentNice President - Master Kings Crossing HOA Member - Rotary Club of Corpus Christi (Downtown) - past two term Board Member Why are you interested inserving on a City board, commission or committee? I believe I can help manage the Corpus Christi RTA as it evolves to meet its obligations in our currently growing community. I have a background in refining and refining support businesses and the not for profit sectors of the economy. Robert Cagle Page 2 of 6 RCC Resume 1-18.doc Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity ............... ............... �W Caucasian/Non-Hispanic Gender IW Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Agree Robert Cagle Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes ir- No Do you, yours ous , your business or yours ous 's business have a City contractl r Yes r. No Does your employer or yours ous 's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r Yes r. No Robert Cagle Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® No code of ethic issues. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing int Authority? (Note: Authority includes the following services s® 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 meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Robert Cagle Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Robert Cagle Page 6 of 6 ROBERT CAGLE Summary: General manager with 37 years of broad based experience in crude oil refining and supporting contractor businesses. Greatest asset is leading organizations through change processes that improves performance. Utilize team based open management style to engage entire organization, from management to front-line. Led organizations to develop business plans that focus on "critical few" items necessary for success and delivered measurable improvements using this approach with small and large organizations. Retired from industry in 2014 and am currently focused in charity and political work in the Corpus Christi area. PROFESSIONAL EXPERIENCE COMMUNITY INVOLVEMENT • Chairman—Salvation Army of Corpus Christi Advisory Board • Coastal Bend Food Bank—Board Member • Rotary Club of Corpus Christi(Downtown)—Past two term Board Member • Master Kings Crossing HOA—President/Vice President • Past Member Corpus Christi Marina Advisory Committee • Election Judge for local precincts REPCON, INC. 2002-2014 Vice President—Turnaround Division Repcon, Inc is a turnaround maintenance and construction company based in Corpus Christi, Texas. Repcon performs maintenance turnarounds in refineries and chemical plants throughout the United States. Responsible for P&L performance of the Turnaround Division(approximately 90% of Repcon's revenue). • Led the development of a five year plan to double the size of the company. Reached the five year goal in year four— exceeded the plan by year five. Profits exceeded plan forecasts. • Managed day to day operations of the division. This includes the hiring and development of personnel to enable plan attainment. Company was awarded VPP Mobile Contractor Safety Designation by OSHA. • Provided expertise to successfully win two major multi-facility alliance agreements. In addition, developed many new clients targeted in the planning process. KOCH PETROLEUM GROUP, L.P. 1998 - 2001 Manager Engineering and Construction Services Primary responsibilities for capital project engineering and construction. • Annual capital budget—$50mm/year. • Managed contractor strategy and work execution. • Responsible for technical strategy to comply with various consent decrees. • Managed capital budget implementation Manager Reliability Services ROBERT CAGLE 2 Primary responsibilities for maintenance, contract execution, and outside operations of complex 300MBPD refining facility spread over 8 miles. Managed 450 direct employees and 200+ contractors with operating budget of—$160MM. • Reduced annual maintenance expense by$19MM over two years while maintaining and improving unit availability. • Reduced environmental agency reportables by 50%. • Facility received OSHA VPP Star Site recognition. • Introduced and implemented business planning and budgeting processes to enable improvements in both expense and capital execution. • Developed and implemented new contracting strategy to support refinery improvements. KOCH INDUSTRIES, INC. 1997 - 1998 Vice President,Koch Supply Services Responsible for implementing alliance and preferred supplier contracts for Koch Industries. • Developed and implemented process for field locations to use Corporate preferred suppliers. • Negotiated agreements with four suppliers for exclusive contracts (10% + savings). • Trained field locations on supply chain management. PETROLITE CORPORATION 1996 - 1997 1996 - 1997 Vice President International Business Development Petrolite is a chemical supplier to refining, oil field, and petrochemical industries. Responsible for developing new business in Far East and Latin America. Primary responsibilities were evaluating new markets, coordinating resources, developing indigenous distributors, creating business plans to justify resource requirements, and providing management support for these markets. • Researched, created, and implemented business plan for Republic of China after extensive visits to China. Was negotiating distributor contract when Baker Hughes purchased Petrolite. • Developed business plan for Japanese market with existing distributor. Helped repair damaged relationships between the two companies. PRIDE REFINING,ABILENE, TEXAS 1994- 1996 Vice President of Refining Responsible for refining, supply and distribution, and planning. Assets managed were 45 MBPD refinery, three product terminals, and two product pipelines approximately 100 miles each. Managed 165 people with operating budget of $14MM. • Reduced recordable injury rate from 11 in 1994 to 3.8 in 1995 and less than 2 in 1996. Received NPRA Gold Safety Award for 1995 and 1996. • Reduced operating cost by 14% (1995 vs. 1994)by implementing and reviewing a rigorous business plan. • Led successful negotiation of new exchange/purchase contract with major oil company that increased rateable gasoline sales by 25%. CHEVRON U.S.A. PRODUCTS COMPANY 1977 - 1994 ROBERT CAGLE 3 Manager-Transportation Fuels/Superintendent- Operations(Port Arthur) (1992-1994) Progressed from managing assets of one area to managing all refinery prime fuel process units. The refinery is a 200MBPD full integrated cracking/coking facility. Managed 45 exempt and 350 non-exempt personnel. Annual operating budget of $170MM. Primary duties were coordinating various operating related activities, developing employees, leading safety and environmental compliance efforts, and insuring controls were in place to effectively manage activities required to stay in business. In addition, was responsible for technical and routine maintenance performance. •Provided leadership to develop new organization during refinery sale to Clark. Operating costs were reduced and safety performance improved. • Managed operations and technical groups of refinery wide turnaround ($30MM)that was safely completed on budget and on schedule. • Led the formation of new departments as part of single-train downsizing. Developed processes to train 30-45%new operators displaced due to seniority layoffs. Worked with human resources and local unions to minimize disruptions to refinery operation. • Reduced safety and environmental incidents. Unit reliability improved through maintenance-operations teamwork. • Reduced operating costs at least 9%in all areas. • Set new throughput records on many units including cat reformer, cyclohexane unit, and delayed cokers. Team Leader-Manpower and Organization-Port Arthur Refinery Single Train Downsizing (1992) A decision was made to shut down duplicate processing equipment in refinery and downsize. Led team to design new organization and staff at appropriate manpower levels. Study was completed in less than two months and implemented. A new organization was developed that had many breakthrough ideas for Chevron. Also developed specific manpower measurements to benchmark against top competitors. Progressed through jobs listed below with increasing responsibility (1977-1992) Maintenance Superintendent- Shutdowns and Projects(Port Arthur) Area Supervisor- Operations(Port Arthur) Refining Representative- Career Development Task Force, Chevron Corporation, (San Francisco) Supervisor- Short Range Planning(Port Arthur) Supervisor-Long Range Planning(Port Arthur) Section Supervisor- Operations(El Segundo) Maintenance Planner- Shutdowns(El Segundo) Lead Engineer-Designs Engineering(El Segundo) Design Engineer-Designs Engineering(El Segundo) • Led group that developed PC based planning system that was first in corporation to be implemented. • Considered to be one of strongest leaders on task force that developed career development system adopted by corporation. • Managed and participated in variety of projects and planning studies that determined priorities for refinery. • Managed engineering for largest turnaround project Chevron U.S.A.had completed at that time. • Developed maintenance planning group as new organization. • Restored trouble prone area of operations to safe and reliable operation. WESTINGHOUSE-NUCLEAR COMPONENTS DIVISION, TAMPA, FLA. 1975 - 1976 Co-op Student EDUCATION MBA, Lamar University-Beaumont, Texas, 1988 B.S.Degree in Engineering Science and Mechanics, North Carolina State University, 1977 CITY OF CORPUS CHRISTI Submit Date: Sep 11, 2017 Application for a City Board, Commission, Committee or Corporation Profile Gabi S Canales Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 4 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 15 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone 'Claln,alels''Llaw,Offlilcle' 'Attorney............................................ Employer Job Title 5262 S. Staples Street , Suite 100 Work Address-Street Address and Suite Number Gabi S Canales Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 1 78412 Work Address-Zip Code 361-887-4700 Work Phone gabilawl4@gmail.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: No, I do not currently serve on any other City board commission or committee Education, Professional and/or Community Activity (Present) Please see attached resume. Why are you interested inserving on a City board, commission or committee? I am interested is serving on the City of Corpus Christi RTA board because as Moshe Feldenkrais so brilliantly stated "Movement (transportation) is life. Life is a process. Improve the quality of the process and you improve the quality of life itself." Corpus Christi is an amazing city with wonderful residents. I would love to be part of the movement that improves the process which would improve the quality of an already phenomenal city. Gabi S Canales Page 2 of 6 IMQ 3080.PNG Upload a Resume IMQ 3a 1,P Please upload any additional supporting documents. Demographics Ethnicity ............... ............... ............... ............... �W Hispanic Gender �W Female Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Agree Gabi S Canales Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes ir- No Do you, yours ous , your business or yours ous 's business have a City contractl r Yes r. No Does your employer or yours ous 's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r Yes r. No Gabi S Canales Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing int Authority? (Note: Authority includes the following services s® 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 meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Gabi S Canales Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Gabi S Canales Page 6 of 6 IIP 1 V� NIIM lIM 7111 Y➢I➢1 /l I�IriM�1 /Ifillllfilllfillfilllll I 1 I �� 1 I lII 1 YI➢M)YI IIN YIIINII IIN YMYI I�IIIINI II I '. ��aa�wm �HNm�mNmm�z �I bp IW WT Lhr Ill 11 v p q *0 ip NuYnllA RTI Ifumm, M W�iwr I"a a mulUav My &'nNlfm AMUK 4Um llirr'k"d° "r� vOP 6,0 r"4V/+ uv/ a Uv, 9�9VV,�r u9u igg, mkli 9�mn �;Irfi wai k�p in auuLVY 9'C .'. di4J#i>p d�ticef"�9wi�.� W llwmw puumm llauHp iliWum"m, p ouong „"h oflmm Ivu ea Ri 'n �Vnfll m rxuaIi AWYill o, p a,11',ullxlHwN nuww,a/ouolll ➢4,IJn;U,um wn)jA p II a//lrl Nm,pwr H,wr idl, k"Im,vvll un %,,I w, V r wu]I,III lu'I,v, Iml. n no"n W6 So La 4.;*4r a R amuich ),Au p,19%to S 6 VWwkW o wrmmAlemm m A ivlwruvor,alk JmP o hw u-,div�jm ullYw , 'd K n opus yr Ys. ���f���d mw L'm d an SC Ntwf Is Umk mMW SAmA Of Ww �21W408 l h m Rm I )rM I uWhi m u' 'Rom A&M umQ.mwwjQqwcm li w M"&Y mls R du W� o R"w", EPAX Ndlihlffy 2SAIM 499,2 1hja16 y-iwd" w .i muj ;u-t.ra JwrJI League or('c'mPw chri'u i ()VN ft 6tl w"llnmtlNG l jm wu luu fi,wAn onvAwrri r.di draw"m 4 impwuuml pmn➢.ww[n m? L, p,eu $ Mme gun, h wf JA Mwumrm p ➢a w wall m+zli uuu,uuwwv'm( "'0,vuullfinVA n m",y."[11 jr smuu Illlxid:"ou g,,mi.i iral¢ii�m, plfil rniid�.. hit-Aetmmwm �"mem 1 �kn m mw. �mu w lwmat�r �'�,w�+ wwmr➢��irm PNgu'2' I'Z' =,m I "AA S. 6, J, Lf A t u,rr "i'll JI,If j F 4 j", riiFW J, YN 1-R I k "o,"�i 1L Ej��dv v q n 'Y'm, m rd",A, rN J,'�',J,1[t F I A,11 fq, r, �m,aiq Ry"w1[ flo R�w L M u j"", 1[ y" v lll: t'j Irp,III I p o I P,0,n.A14,m, J, 11 CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2017 Application for a City Board, Commission, Committee or Corporation Profile Martin L. Evans Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 5 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 50 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone Freedom Investment Counsel LLC 'Olwlnler'''''''''''ll''''I'll''''I'll'','ll''''I'll''''I Employer Job Title 101 North Shoreline Blvd, STE 560 Work Address-Street Address and Suite Number Martin L. Evans Page 1 of 7 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 is Boards would you like to apply for? AIRPORT BOARD: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted PLANNING COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Do you currently serve on any of 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 Martin L. Evans Page 2 of 7 Why are you interested inserving on a City board, commission or committee? City13oard Resu me.doc Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity V Unknown Gender V Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. V I Agree Martin L. Evans Page 3 of 7 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information I understand that if any member oft 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 c ® I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes (- No Do you, yours ous , your business or yours ous 's business have a City contractl ir Yes (- No Martin L. Evans Page 4 of 7 Does your employer or ycurs ous 's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? ............... r Yes r No Are you, yours ous our business or yours ous 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® 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 oft following categories? V Financial Institutions Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing int Authority? (Note: Authority includes the following services s® Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) ir- Yes ir No Martin L. Evans Page 5 of 7 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? 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 int District for at least 2 years? Yes ° No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? Yes ° No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Have you been a resident of Nueces County for at least 6 months? Yes ° No Martin L. Evans Page 6 of 7 Martin L. Evans Page 7 of 7 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: Nov 14, 2016 Application for a City Board, Commission, Committee or Corporation Profile Robbin C Goodman Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 4 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 2 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone TPC0America CorpoatonBusinessOperations, Employer 1 Job Title , ' I I I 5431 Hwy 35 Work Address-Street Address and Suite Number Robbin C Goodman Page 1 of 6 Gregory Work Address-City Texas Work Address-State 78359 Work Address-Zip Code 361-704-8129 Work Phone robbing@tpcoamerica.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Texas A&M University — Corpus Christi 2014-2016 Bachelors of Arts in Economics (to be awarded December 2016) American Petroleum Institute - Corpus Christi Chapter Ronald McDonald House of Corpus Christi Why are you interested inserving on a City board, commission or committee? Robbin Resume.pdf Upload a Resume Robbin C Goodman Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity �W Caucasian/Non-Hispanic Gender �W Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Robbin C Goodman Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes (- No Do you, yours ous , your business or yours ous 's business have a City contract? r Yes r No Does your employer or yours ous 's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? Yes r No Robbin C Goodman Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing int Authority? (Note: Authority includes the following services s® 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 meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Robbin C Goodman Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Robbin C Goodman Page 6 of 6 ROBBIN COLE GOODMAN — Business Operations Specialist QUALIFICATIONS • 10 Years China/Chinese Experience •3.5 Years Oilfield Experience •Fluent Mandarin Chinese •Academic Leadership Experience •International Science Research Experience • Oil Field&Geology Relationship Network WORK EXPERIENCE 8/2014-Current TPCO America Corporation Gregory,Texas,USA BUSINESS OPERATIONS SPECIALIST *Assisting the Executive Team with facilitating accurate language translation and interpretation as needed. •Serving as liaison between Tianjin Pipe Group(Corporation)and TPCO America employees. •Coordinating housing,transportation,preparing Letters of Invitation and assisting with visa applications for delegates from HQ. -Creating,maintaining and implementing a charitable contribution plan. -Representing,planning and organizing programs to promote good will and relations between the local community &TPCO employees. -Developing and implementing employee engagement plan to build good will and relationships between TPCO employees. -General business services including maintenance of keys,annual elevator inspection,service contracts and others services as required. •Input on HR and Administrative company processes to improve efficiency. •Overseeing website for content. •Overseeing company email assignments. 5/2014-7/2014 Efood Trading Co.(Tianjin) Tianjin,P.R.C. BUSINESS CONSULTANT •Represented company at SIAL international food and beverage exposition in Shanghai •Negotiated with suppliers in Chinese,English and Spanish •Designed bilingual marketing materials •Developed 13213 customer accounts •Handled communications with suppliers from Spain,Malaysia&Thailand 1/2014-7/2014 Fengshang Culture Club Tianjin,P.R.C. CUSTOMER RELATIONS INTERN •Developed international client accounts •Interfaced with international and local client base •Planned and managed chub activities and events •Leveraged social media to engage customers and maintain relationships •Developed international expansion strategy and bilingual marketing materials 5/2013-9/2013 China University of Geoscience Beijing,P.R.C. GEOLOGY REASERCH INTERN •Preparing field reports,maps, and cross-section diagrams •Preparing Permeability &Porosity graphs for 3 Oil Wells •Assisting on geological survey of Henan gold mine •Performing microprobe analysis of rock samples at Texas A&M University 4/2013-5/2013 Urban Surveying Inc. Victoria,TX,USA SURVEY FIELD CREW INTERN •Operating Trimble GPS equipment in urban and field environment •Learning basics of property boundary and oilfield survey •Completing range of oil field survey tasks: staking of well pads,pipelines, and work easements •Karnes city royalties survey for Marathon Oil ROBBIN COLE GOODMAN — Business Operations Specialist 8/2012-12/2012 University of Mississippi Oxford,MS,USA CHINESE TEACHING ASSISSTANT •Leading a class of 10 new Mandarin stridents •Conduct weekly language tutoring in Mandarin Chinese •Grading of homework,tests,and papers 01/2012-6/2012 China University of Geoscience Beijing,P.R.C. REASERCH ASSITANT •Co-authored academic paper with Petrology professor •Editing academic papers for multiple research teams •Participating in academic discussions guiding future research 6/2011-8/2011 Drill String Services Inc. Victoria,TX,USA MACHINE SHOP ASSISTANT •Running chemical process phosphate coating machined parts •Maintaining daily orderliness of tool crib and shop floor •Preparing repaired drill steam,doping and capping,to be returned to customer •Representing company on oil rig a point of contact for customer in multiple field operations. Education Texas A&M University—Corpus Christi 2014-2016 Bachelors of Arts in Economics(to be awarded December 2016) University of Mississippi 2010-2014 Course of Study: Geological Engineering/Mandarin Chinese Tianjin Normal University 2013-2014 Chinese Language Flagship Capstone Class Leader China University of Geoscience(Beijing)2011-2012 Chinese Government Scholarship-Geology Chinese Language Flagship Center Qingdao 2010 St. Stephen's Episcopal School High School Degree Academic Work 2012 Dong,G.,Mo,X.,Zhao,Z.,Zhu,D.,Goodman,R. C.,Kong,H.,&Wang, S. (2013). Zircon U Pb dating and the petrological and geochemical constraints on Lincang granite in Western Yunnan, China:implications for the closure of the Paleo-Tethys Ocean.Journal ofAsian Earth Sciences, 62,282-294. 2016 Meng,W.,Wang,Z.,Hu,B.,Wang,Z.,Li,H., &Goodman,R. C. (2016).Heavy metals in soil and plants after long-term sewage irrigation at Tianjin China:A case study assessment.Agricultural Water Management, 171, 153-161. Awards and Scholarships Wells Fargo Award for Outstanding Academic Performance in Economics 2016 TPCO America Certificate of Recognition 2014 The Language Flagship Chinese Capstone Scholarship 2013 American Petroleum Institute(Victoria,TX) Scholarship 2012-2016 American Petroleum Institute(Corpus Christi,TX) Scholarship 204-2016 American Petroleum Institute(Alice,TX) Scholarship 2014-2016 Chinese Government Scholarship 2011 University of Mississippi Academic Excellence Scholarship 2010 Certification HSK level 6 American Councils on the Teaching of Foreign Languages(ACTFL Chinese)2+/2+ Oral Proficiency Interview(OPI Chinese) -Superior CITY OF CORPUS CHRISTI Submit Date: Sep 08, 2017 Application for a City Board, Commission, Committee or Corporation Profile Darlene K Gregory Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 4 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 26 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone 'East,'Melets, West,Productions President Employer Job Title 1024 Leopard St, Suite A Work Address-Street Address and Suite Number Darlene K Gregory Page 1 of 6 Corpus Christi Work Address-City TX Work Address-State 78401 Work Address-Zip Code 1 361-904-0044 1 1 1 1 ''I'l''''I'll''''I'll'll''''I'll''''IlI Work Phone dgregory@eastmeetswestproductions.com Work E-mail address Preferred Mailing Address �W Work Address is Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: Chairman of Parking Advisory Committee Education, Professional and/or Community Activity (Present) Masters Degree in Marketing;MBA, President of EMW Productions, LLC, dba East Meets West Productions; EMW Financial Management, LLC and Waterfront Communications, LLC. Chairman of Uptown Neighborhood Initiative National Association of Professional Women VIP Woman of the Year Circle SBA District IV Minority Business Champion of the Year (2007) Why are you interested inserving on a City board, commission or committee? I believe my business acumen and community involvement can be an asset to the RTA Board. As Chairman of the Parking Advisory Committee, and Uptown Neighborhood Initiative, I have worked with a diverse group of board members, and have chaired many non-profit boards over the past two decades. Darlene K Gregory Page 2 of 6 DKG Resume 2017.docx Upload a Resume TAA Award Letter.docx Please upload any additional supporting documents. Demographics Ethnicity ............... ............... �W Caucasian/Non-Hispanic Gender �W Female Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Agree Darlene K Gregory Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes ir- No Do you, yours ous , your business or yours ous 's business have a City contractl r Yes r. No Does your employer or yours ous 's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r Yes r. No Darlene K Gregory Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® No conflicts. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing int Authority? (Note: Authority includes the following services s® Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) ir. Yes ir No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Darlene K Gregory Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Darlene K Gregory Page 6 of 6 Rosa Villarreal Corpus Christi Regional Transport PURNr JON September 16, 2015 UP T O W l NEIGHBORHOOD INITIATIVE RE: Good Neighbor Awarab /_V-L,) Dear Ms. Villarreal: Congratulations! You and the Corpus Christi Regional Transportation Authority have been chosen the Uptown Neighborhood Initiative's Good Neighbor of The Year. It is my great honor to present you with this award for the support and service CCRTA and your staff is bringing to the revitalization of Uptown Corpus Christi. Awards will be presented at UNI's Good Neighbor Awards on Thursday, October 15, 2013. The event will take place at the House of Rock, 517 Starr Street, Corpus Christi from 5:30pm—9pm. Enclosed please find a complete list of nominees and information on tables, tickets and sponsorship, along with two complimentary tickets to the event. UNI is a 501 (c) 4 organization and all donations are tax-deductible. Should you need further information, please do not hesitate to contact me. Once again, congratulations and we hope to see you at the event. Best personal regards, Darlene K. Gregory Chairman 1024 Leopard Street Corpus Christi, TX 78401 Tel: 361-904-0044 Fax: 361-904-0256 www.unicorpus.com Darlene K. Greaory Summary of Experience: • Over 30 years in senior management positions with major marketing/revenue responsibilities for diversified media/consulting firms • Excellent interpersonal skills with clients, employees and vendors alike • Superior oral and written presentation skills • Award-winning creative design/market positioning campaigns, including print, direct response, film and web media • Solid skills in financial management, including budgeting, measurement of return on investment, and productivity of employees as it relates to net profitability. Employment History: EMW Productions, LLC dba East Meets West Productions President EMW Financial Management, LLC May, 1991 - present Waterfront Communications, LLC 1024 Leopard Street Corpus Christi,TX 78401 www.eastmeetswesWroductions.com www.emwfinance.com www.unicgrpusxorn Responsibilities: As CEO, I am directly responsible for all phases of company management, including sales and marketing, design of client branding campaigns and strategic plans for clients; human resources, financial administration, and market positioning. Two offices employing 9 professionals, including Administration, Accounting, Creative Dept., Technical Services and Account Executives. EMW offers TV/film/print/outdoor/direct mail/digital advertising design, website design, optimization & hosting, e- commerce, custom database and software programming services, along with mobile applications development. The company also designs business & strategic plans, with full financial projections; and offers international conference and event planning services. Built the company to annual sales of $3M, serving industrial, medical, and institutional clients worldwide with advertising, marketing consultation, public relations, international event planning and publishing services. EMW Financial Management, LLC places loans with banks, hedge funds, REITs and angel investors for businesses wishing to expand or refinance, and acts as an advisor to companies wishing to buy or sell. Total loans placed exceed $40MM. Three successful sales of medical practices, exceeding $4MM. Waterfront Communications, LLC holds our commercial real estate investments and operates our fully leased office building. Contributing writer to Energy & Mining International Magazine, Plant Services Magazine, and Uptime Magazine. Cedar Rapids Gazette Company Advertising Manager Cedar Rapids,IA 1989-1991 Responsibilities: Supervised staff of 42 telemarketing and outside sales representatives responsible for generating $22 million annually, design staff and support staff. Reported directly to the General Manager as a division head. Designed and implemented promotions for additional, new revenue streams. Budgeting and financial reporting. Designed and implemented new front-end advertising/financial software system. Hired and trained staff, managed 20 key accounts. Designed in-house print, direct mail and electronic advertising materials/promotions. Designed employee handbook and compensation plans, including commission structures and MBOs. Functioned as PR liaison/event planner for the corporation. Hamilton Journal -News Advertising Manager Hamilton,OH 1987-1989 Responsibilities: Supervised 14 telemarketing and outside sales representatives responsible for generating $12 million annually. Managed key accounts. Designed and implemented promotions. Hired and trained staff. Budgeting and financial reporting. PR liaison for corporation. Corpus Christi Caller-Times Advertising Manager Corpus Christi,TX 1985-1987 Responsibilities: Supervised 38 telemarketing sales representatives responsible for generating $16 million annually. Key accounts management. Design and implementation of commission structures and promotions. Budgeting and financial reporting. Generated $250K in operating profit for department in first 90 days of employment. Member of Senior Management team selected by CEO of Harte-Hanks International to implement TQM training company-wide. Extensive travel training other managers in the chain. Prior to 1985: Held various positions nationwide as Advertising Manager or Key Accounts representative for midsized to major daily newspapers and magazines. Managed staff and redesigned many publications. Education: University of Iowa Master of Arts, Marketing; MBA Iowa City, IA New York University Bachelor of Science Awards: • National Association of Professional Women VIP Woman of The Year Circle 2016 • 2007 Minority Business Champion of the Year, Small Business Administration, District IV • International Film Festival Award for Industrial Film • American Advertising Federation ADDYs for Collateral Material and Television • ANCAM Award for Best Classified Advertising Promotion • INAME Award for Best Magazine • Editor & Publisher Award for Promotion • Keynote Speaker—Choice Hotels Owners Group Annual Meeting 2014 • Keynote Speaker—Meeting Planners International Conference 2001 • National Association of Professional Women —VIP Woman of The Year 2015 Community Involvement: • Board Chairman, Uptown Neighborhood Initiative 2010 —present • Chairman, City of Corpus Christi Parking Advisory Committee 2013 —present • City of Corpus Christi Plan CC Steering Committee 2014—present • City of Corpus Christi Plan CC Downtown Planning Committee 2014- present • SBA District IV Small Business Week Awards Nominating Committee 2005 —present • Downtown Revitalization Alliance Board of Directors 2014 - present • Marketing Instructor, Small Business Development Center, Del Mar College 2002 -2013 • Board of Directors, Stewardship & Media Ministries, First United 2001 - 2003 Methodist Church • Board of Directors, SCORE Chapter #221 2001-2003 • Vice Chairman, City of Corpus Christi Senior Community Services 1998-2001 Commission Financial Advisory Committee • Chairman, Corpus Christi Literacy Council 1998-2000 • Chairman, Board of Trustees, TX State Asian Cultures Museum 1994-1997 • Board of Directors, Corpus Christi Senior Orchestra 1997-1998 • President's Council, Texas A&M University-Corpus Christi 1994-1996 • Public Relations Director, Child Abuse Prevention Hotline 1994-1996 Professional and Personal References Upon Request CITY OF CORPUS CHRISTI Submit Date: Sep 05, 2017 Application for a City Board, Commission, Committee or Corporation Profile Paulette G Kluge Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 1 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 14 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone Corpus Christi Convention and 'Visitors,'Blu're'alul Employer Job Title 101 North Shoreline #430 Work Address-Street Address and Suite Number Paulette G Kluge Page 1 of 6 Corpus Christi Work Address-City TX Work Address-State 78401 Work Address-Zip Code 361-881-1877 Work Phone pkluge@visitcorpuschristitx.org Work E-mail address Preferred Mailing Address None Selected is Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: Yes, Watershore and Beach Advisory. Will resign if appointed to RTA and ask another CCCVB staff member to serve Education, Professional and/or Community Activity (Present) Del Mar College Foundation Board, ISAC Why are you interested inserving on a City board, commission or committee? Transportation is very important to the hospitality industry Paulette® lu.ge,,,,,,,Updated.__Resu me.doc Upload a Resume Paulette G Kluge Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity �W Caucasian/Non-Hispanic Gender �W Female Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Paulette G Kluge Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes ir- No Do you, yours ous , your business or yours ous 's business have a City contractl r Yes r. No Does your employer or yours ous 's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? r Yes r. No Paulette G Kluge Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing int Authority? (Note: Authority includes the following services s® 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 meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Paulette G Kluge Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Paulette G Kluge Page 6 of 6 Paulette Kluge SUMMARY OF QUALIFICATION Hotel Sales and Marketing Executive with proven track record and expertise in hotels of varied size, culture and market segment. Proven leader establishing and directing high-performance teams. Success in developing marketing plans, cost structures and high levels of sales growth. Extensive knowledge of industry technology. Creative, enthusiastic, relationship-driven professional. ABBRIVIATED PROFESSIONAL EXPERIENCE CORPUS CHRISTI CONVENTION & VISITORS BUREAU Corpus Christi, TX 11/2013 - Present CEO OMNI HOTELS Corpus Christi, TX 5/2004 - 6/2013 Director of Sales and Marketing CARLSON COMPANIES 1997 - 2004 Minneapolis, MN 1993 - 1996 Radisson Hill country Resort and Spa 2001 - 2005 Director of Sales and Marketing Radisson Hotel International 2000 - 2001 District Director Regent Hotel International 1997 - 2001 Vice President of Sales and Marketing Radisson Hotels International 1993 - 1996 Director of Key Accounts GENCOM AMERICAN HOSPITALITY 1996 - 1997 Regional Vice President, Sales and Marketing SALES AND MARKETING POSITIONS 1979 - 1993 Rank Hotels of North America, Travel Resources-Sterling Hotel Group, Kaleidoscope Tours, San Antonio Convention and Visitors Bureau PARTICAL LIST OF PAST VOLUNTEER POSITIONS Leadership Corpus Christ, Chair Class 38, steering committee Class 36 and Class 37 Corpus Christi Symphony Orchestra, Board Member Corpus Christi Convention and Visitors Bureau, Marketing Committee Chair Destination Bayfront Committee, Member Community Arts Advisory Council, Texas A & M University, CC, Board member Corpus Christi Chamber Music Society, Board member Leadership Corpus Christi, Executive Committee, Chair CURRENT VOLUNTEER POSITIONS Del Mar College Foundation, Trustee, Vice President and Strategic Planning/Development Chair Leadership Corpus Christi Alumni, Member Leadership Corpus Christi, Board of Governors Island Strategic Action Committee, Member Water Shore & Beach Advisory Committee, Member CITY OF CORPUS CHRISTI Submit Date: Jan 19, 2018 Application for a City Board, Commission, Committee or Corporation Profile Philip C. Skrobarczyk Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 2 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 60 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone Fultorn,'Construction, President /,CEO, Employer Job Title 1102 Second Street Work Address-Street Address and Suite Number Philip C. Skrobarczyk Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 1 78404 Work Address-Zip Code (361) 993-5200 Work Phone pskrobar@fultonconst.com Work E-mail address Preferred Mailing Address �W Work Address is Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: Not at this time. Education, Professional and/or Community Activity (Present) B.S. TAMU College Station Why are you interested inserving on a City board, commission or committee? In order to contribute to the mission of the RTA. 01 Phi I ipSkrobarczyk - R. s-one.pdf Upload a Resume Please upload any additional supporting documents. Philip C. Skrobarczyk Page 2 of 6 Demographics Ethnicity �W Caucasian/Non-Hispanic Gender �W Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Philip C. Skrobarczyk Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes ir- No Do you, yours ous , your business or yours ous 's business have a City contractl r. Yes r No Does your employer or yours ous 's employer have a City contract? r. Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? Yes r. No Philip C. Skrobarczyk Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Employed by Fulton / Coastcon who is nearing completion of the Waters Edge Park Improvements. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing int Authority? (Note: Authority includes the following services s® Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) ir. Yes ir No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Philip C. Skrobarczyk Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Philip C. Skrobarczyk Page 6 of 6 Philip C. Skrobarczyk President& CEO Responsibilities Years Experience • Overall corporate responsibility for the performance • 39 - Industry of the project team • 35 - Fulton*Coastcon • Provides corporate leadership, experience, and technical expertise Areas of Expertise • Anticipates and resolves construction issues . Estimating - Cost Analysis • Resource allocation and daily communication with • Project Coordination the vice president to facilitate on-time, within budget • Problem-Solving project delivery • Contract Administration • Project executive management committee • Corporation interface for overall performance of Education entire project team • Texas A&M University • Ensures client's expectations are met B.S. in Building Construction 1982 • Daily involvement with the project manager to facilitate on-time, within budget delivery of the School Honors project . Texas A&M Distinguished Student Awards • Project planning and logistical considerations • Tau Sigma Delta Scholastic Fraternity • Subcontractor encouragement Community Activities Industry Experience • TAMUCC Foundation—Past Chairman • Texas State Aquarium— Caribbean Journey • Association of General Contractors South Wing Texas Chapter- Board Member& Former • Regional Transportation Authority— Customer President Service Center . Texas Building Branch AGC - Former • CCISD - Dorothy Adkins Middle School President • CCISD - Veterans Memorial High School • Building Code Board of Appeal - Former • CCISD - Zachary Kolda Elementary School Chairman • Texas A&M - CC - Bayside Parking Garage • Incarnate Word Academy School Board - • CCISD - Gloria Hicks Elementary School Former Member • Texas A&M - CC - Island Hall • Ronald McDonald House - Former President • Coastal Bend Surgery Center . St. Patrick's Catholic Church - Building • Texas A&M - CC - Dugan Wellness Center Committee • Art Museum of South Texas . Corpus Christi Chamber of Commerce - • Christus Spohn Shoreline - Critical Care Tower Former Board Member • Whataburger Field • American Bank Center Arena • Corpus Christi International Airport • Gregory-Portland High School • United States Federal Courthouse • Bay Area Medical Center CITY OF CORPUS CHRISTI Submit Date: Jan 05, 2017 Application for a City Board, Commission, Committee or Corporation Profile Chad Magill Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 2 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 14+ If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone 'Stelwlart,TitleBusinessDevelopment,Officer, Employer... llJob Title , lllI I I I 5102 Holly Rd, Suite B Work Address-Street Address and Suite Number Chad Magill Page 1 of 6 Corpus Christi Work Address-City TX Work Address-State 78411 Work Address-Zip Code 361.985.6336 Work Phone chad.magill@stewart.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Appointed CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Not Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: I do not serve on any other Board or Commission for the City of Corpus Christi at this time. The Primary Board/Commission I am applying for is the Port of Corpus Christi. Education, Professional and/or Community Activity (Present) Please see the attached 1-Pager I put together for you, in PDF format. Why are you interested inserving on a City board, commission or committee? ChadMaUill, Qdf Upload a Resume Chad Magill Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity �W Hispanic Gender �W Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Agree Chad Magill Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes (- No Do you, yours ous , your business or yours ous 's business have a City contract? r Yes r No Does your employer or yours ous 's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? Yes r No Chad Magill Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing int Authority? (Note: Authority includes the following services s® 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 meaning elderly, persons with disabilities or low- income individuals? r Yes r No Chad Magill Page 5 of 6 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Have you been a resident of Nueces County for at least 6 months? Yes r No Chad Magill Page 6 of 6 Chad Magill There are 55 boards &commissions with 607 total appointments... Council members,Thank You for taking time to read our applications. I put this 1-pager together for you to be efficient with your time: In order to truly represent you, I believe all appointees can offer greater value by: 1) Understanding the challenges our City is facing: water supply development, infrastructure/utilities,job creation/retention, &truly represent the City's view. 2) Offering a strong commitment to give 100%, be engaged, and communicate with you as often as you request/ask.Some simply don't even read the agendas! 3) Challenge the Status Quo&Focus on solutions that make sense both short&long term, and most importantly improve value to our citizens. I offer to you: a true understanding of the City's challenges, a very strong commitment, a willingness to challenge status quo, and a focus on solutions by • putting my name in for your consideration for the Port of Corpus Christi. I hope to have earned your support. Respectfully submitted, •- • • • •-• • Chad Magill • • Everyone benefits from governmental entities working together. If nothing else, please consider me the candidate who will be committed to helping bring the City • • • of Corpus Christi and the Port of Corpus Christi closer&solve problems together. • • Current Community Commitments: (I have the time available to serve 100%) • - - • - Big Brothers Big Sisters of South Texas, current Board of Directors,Chairman 2011-2012 `• • ` `• • ` Goodwill Industries of South Texas,current Board of Directors,Committees Chairman 2010-2015 ` Recent Past Community Commitments: Corpus Christi City Council:2012-2014 District 2,At Large 2014-2016 Corpus Christi City Council Audit Committee,2012-2016,&Chairman 2016 Corpus Christi Hispanic Chamber of Commerce, Board of Directors,Treasurer 2008,& the very First Elected Anglo Chairman 2009,then unanimously re-elected in 2010. Texas Association of Mexican American Chambers of Commerce(TAMACC): Executive Board of Directors,First elected Anglo Executive Member in 35 year organization history Westside Business Association,Board of Directors,Finance/Member Committee Chairman Corpus Christi Housing Finance Corporation,President of the Board of Directors Corpus Christi Industrial Development Corporation,Board of Directors Coastal Bend Health Facilities Development Corporation,Board of Directors Coastal Bend Cultural Education Facilities Finance Corporation,Board of Directors North Padre Island Development Corporation,Board of Directors • • Corpus Christi Community Improvement Corporation,Board of Directors Reinvestment Zone No.2&3 Boards,Board of Directors Corpus Christi International Airport Advisory Board,Board of Directors Habitat for Humanity-Event Co-Chairman Major Fundraiser for 2014 with Larry Gatlin Beautify Corpus Christi - Board of Directors Leadership Corpus Christi-Class 34 City of Corpus Christi Citizen's University-Class 1 And many more...just ask. CITY OF CORPUS CHRISTI Submit Date: Jan 06, 2017 Application for a City Board, Commission, Committee or Corporation Profile Michael L Staff Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 1 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone P19191 k Inc. 'Vice,President, Employer Job Title 6342 Harwick St Work Address-Street Address and Suite Number Michael L Staff Page 1 of 6 Corpus Christi Work Address-City TX Work Address-State 1 78417 Work Address-Zip Code 3618530003 Work Phone mIstaff035@yahoo.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Retired Corpus Christi Police Officer - 22 yrs. United States Army - 4 yrs. Past Chairman of Corpus Christi Crime & Prevention Board - 2 yrs. Board Member - 6 yrs. Past President of CCPOA - 8.5 yrs. Past Coordinator of RTA Security - 7 yrs. Why are you interested inserving on a City board, commission or committee? Upload a Resume Michael L Staff Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity �W Caucasian/Non-Hispanic Gender �W Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Michael L Staff Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes (- No Do you, yours ous , your business or yours ous 's business have a City contract? r Yes r No Does your employer or yours ous 's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? Yes r No Michael L Staff Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing int Authority? (Note: Authority includes the following services s® 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 meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Michael L Staff Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Michael L Staff Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Dec 28, 2016 Application for a City Board, Commission, Committee or Corporation Profile Lamont C. Taylor Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 1 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 50+ If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone L.'C'.71pyllor,Ik Associates 'CIE01 Employer Job Title 1701 Stillman Work Address-Street Address and Suite Number Lamont C. Taylor Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 1 78407 Work Address-Zip Code 361 7394686 Work Phone Itshadow@gmail.com Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) M.A Trinity University, Co Chair Citizens Alliance for Fairness and Progress, and former Vice Chairman Board Member CCRTA Why are you interested inserving on a City board, commission or committee? Resume - La ont Lamont C Taylor 2 doc ..................... Upload a Resume Lamont C. Taylor Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity �W African American Gender �W Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Lamont C. Taylor Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes (- No Do you, yours ous , your business or yours ous 's business have a City contract? r Yes r No Does your employer or yours ous 's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? Yes r No Lamont C. Taylor Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing int Authority? (Note: Authority includes the following services s® 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 meaning elderly, persons with disabilities or low- income individuals? r. Yes r No Lamont C. Taylor Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Lamont C. Taylor Page 6 of 6 Lamont C. Taylor HIGHLIGHTS OF QUALIFICATIONS • 39 years of Transportation Experience • 25 years successful human resources experience • A born leader; effectively handled position of major responsibility on a continuous path of professional advancement • Results-driven achiever with exemplary planning and organizational skills, along with a high degree of detail orientation • Fast learner with a wide range of practical skills • Special talent for relating well with all types of people • Exceptional listener and communicator who effectively conveys information verbally and in writing • Effective in public speaking and media presentations • Skill in dealing with sensitive populations in a professional and concerned manner • Flexible team player that thrives in environments requiring ability to effectively prioritize and juggle multiple concurrent projects • A decision maker; resourceful and works well independently or as a cooperative team player • Highly motivated self-starter who takes initiative with minimum supervision • Extensive knowledge of the Corpus Christi community • Computer-literate performer with extensive software proficiency covering wide variety of applications PROFESSIONAL EXPERIENCE • Ensure Compliance with all aspects of DOT commitments. • Assure all Grants 5307,5309 DOJ, HUD and Homeland Security are properly assigned and compliance via the FTA team system . • Assure the integrity of the RTA Procurement process and the FTA 4220.1e procurement process. ■ Project Leader for ADA Title I, and Title II initiatives • Investigate employment practices and alleged violations of laws, in order to document and correct discriminatory factors. • Interpret civil rights laws and equal opportunity regulations for individuals and employers. • Study equal opportunity complaints in order to clarify issues. • Meet with persons involved in equal opportunity complaints in order to verify case information, and to arbitrate and settle disputes. • Coordinate, monitor, and revise complaint procedures to ensure timely processing and review of complaints. • Prepare reports of selection, survey, and other statistics, and recommendations for corrective action. • Conduct surveys and evaluate findings in order to determine if systematic discrimination exists. • Develop guidelines for non-discriminatory employment practices, and monitor their implementation and impact. • Review Company contracts to determine actions required to meet governmental equal opportunity provisions. • Counsel newly hired members of minority and disadvantaged groups, informing them about details of civil rights laws. • Instrumental in the Transit Reauthorization to insure DBE's have a place at the Transit Table. • Co-Authored Texas Unified Certification Program— RTA has a permanent seat on the TUCP coordinating council. • Successful in submitting and approval of two Triennial,Affirmative Action Plans, and Title VI Plans for the Regional Transportation Authority. • Extensive work in Human Resources • Extensive work in Compliance • Extensive work in Contract Compliance • TCRP Ambassador • TRB contributor • APTA Committee member Minority Affairs, (now DBE Sub committee under the Procurement) Diversity subcommittee representative,Access subcommittee, and finally Human Resources Sub committee ■ Planned Transportation Services for Elderly and Disabled Passengers ■ Developed Transition Plan for Care B services ■ Developed and trained personnel on requirements prior to and after ADA for fixed route services EMLOYMENT HISTORY— Corpus Christi Regional Transportation Authority 5 years Director/Business Development&Compliance 20 years DBE/EEO Officer 10 years Director of Elderly& Handicapped Transportation EDUCATION B.A. Business Administration and Computer Science—Huston-Tillotson College,Austin, TX (summa cum laude) M.A. Urban Studies—Trinity University, San Antonio, TX Graduate—Leadership Corpus Christi, Class XIV CTM (Competent Toastmaster) —Toastmasters International Certification MCA Certification, Master Compliance Administrator,American Contract Compliance Association. PROFESSIONAL AND COMMUNITY ASSOCIATIONS Board Member Citizens Alliance for Fairness and Progress Co Chair Corpus Christi Regional Transportation Authority 2011 to 2015 Leadership Corpus Christi Class XIV Nueces County MHMR foundation Board Member Toastmasters International— Corpus Christi Black Chamber of Commerce— Executive Board Member, Past President City of Corpus Christi Little League— Basketball Coach Hillcrest Neighborhood Association—Vice President City of Corpus Christi Planning Commission Past Chairperson Founding Member TUCP(Texas Uniformed Certification Program CITY OF CORPUS CHRISTI Submit Date: Dec 01, 2016 Application for a City Board, Commission, Committee or Corporation Profile Bill Tinney Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 2 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 12 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone TKO1 Alarms,and Security.............. Employer Job Title Work Address-Street Address and Suite Number Bill Tinney Page 1 of 6 Work Address-City Work Address-State Work Address-Zip Code Work Phone bwtinney@tkoalarms.com Work E-mail address Preferred Mailing Address None Selected is Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) Why are you interested inserving on a City board, commission or committee? Upload a Resume Please upload any additional supporting documents. Bill Tinney Page 2 of 6 Demographics Ethnicity �W Caucasian/Non-Hispanic Gender �W Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Bill Tinney Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® V I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes (- No Do you, yours ous , your business or yours ous 's business have a City contract? r Yes r No Does your employer or yours ous 's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? Yes r No Bill Tinney Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing int Authority? (Note: Authority includes the following services s® 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 meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Bill Tinney Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Bill Tinney Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Dec 29, 2016 Application for a City Board, Commission, Committee or Corporation Profile Carlos Vargas Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 3 (Note: If you do not know your district click here} Current resident of the city? r. Yes r- No 7 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone 'London,I ISID, TrIaln's/M41iln't Director, Employer Job Title 1306 FM 43 Work Address-Street Address and Suite Number Carlos Vargas Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78415 Work Address-Zip Code (361) 855-0092 Work Phone cvargas@londonisd.net Work E-mail address Preferred Mailing Address �W Home/Primary Address is Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any of City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Continue to volunteer my DJ (music) services for several organization. Why are you interested inserving on a City board, commission or committee? Resume Carlos BVara as.doc Upload a Resume Carl os,,,,,,Va[Uas._Q ioa raDhv.doc ................................. Please upload any additional supporting documents. Carlos Vargas Page 2 of 6 Demographics Ethnicity �W Hispanic Gender �W Male Verification City Code Requirement - Residency 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 oft city. A move outside the city limits oft city by any member shall constitute automatic resignation from the particular board or commission on is such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, is 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 Carlos Vargas Page 3 of 6 Consent for Release of Information I understand that if any member oft 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 c ® I Agree Oath I swear that all oft statements included in my application and attached documents, if any, are true and correct. �W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ir Yes (- No Do you, yours ous , your business or yours ous 's business have a City contract? r Yes r No Does your employer or yours ous 's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for is you are applying? Yes r No Carlos Vargas Page 4 of 6 Are you, ycurs ous our business or ycurs cus 's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or yours ous ve a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any oft questions above, please explain or ask to speak with the City's Legal n ® Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing int Authority? (Note: Authority includes the following services s® 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 meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Carlos Vargas Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Carlos Vargas Page 6 of 6 IIS""' o s Ba IIS" Ilk)I �c uii e My objective is to obtain employment in my area of expertise, transportation. For the past twenty-seven years I have worked in the professional transportation field in some capacity. From my start as a bus operator for Pharr-San Juan-Alamo I.S.D. to my time as the General Manager of MV Transportation in Corpus Christi, TX, I have had the opportunity to learn most facets of the transportation field. I have become familiar with, among other aspects, route logistics, safety protocols, and budget management. I have also continued to refine my driving skills since driving was my first passion and has since become a lasting one. Most importantly, I have experience in both managerial and non-managerial positions, which has given me unique insight into both sides of transportation. I have learned, in other words, to balance the interests of my employer with those of my employees, which leads to a fair, efficient, and productive workplace. '.X.I,')e II'"IIIe IIn C e General Manager, MV Transportation 2006-2014 • Supervised dispatchers, trainers, drivers, clerks, administration personnel, maintenance and safety crews • Executed payroll, local purchasing, and contract administration • Managed division budget • Visited centers/facilities • Conducted monthly department meetings • Submitted weekly/monthly operations reports to client • Attended client meetings • Attended and participated in board presentations • Attended company training (MV University) • Gained in-vehicle experience and conducted "behind the wheel" training • Responsible for on-time operating performance, ridership equipment availability, and safety on all routes • Recruited and developed staff to deliver reliable service • Controlled the daily operation of transportation contract, in compliance with the policies of the contracting agency and in conformance with company procedures. Texas Certified Ins'truc'tor, Region-One Educational Service Center 2002-2006 • Attended Region-One meetings in Austin, Texas • Conducted emergency school bus evacuation training in Cameron, Hidalgo, Jim Hogg, Starr, Webb, Willacy, and Zapata Counties • Performed classroom instruction on school bus and transportation laws • Performed "behind the wheel" training • Performed classroom instruction on installation of child restraint devices • Judged Regional and State level school bus Road-eo Director of Transportation, McAllen Independent School Dis'tric't 2001-2006 • Supervised a 120 person employee staff • Oversaw a 1.6 million annual budget • Managed proposals for school bus purchases • Submitted Transportation Funding reports to TEA • Performed evacuation training for students with special needs • Attended monthly school board presentation • Arranged meetings with school principals, teachers, and parents • Gained in-vehicle experience and conducted "behind the wheel" training with bus drivers • Managed Safe Transportation in-service meetings • Collaborated with the City of McAllen during hurricane evacuation planning Transportation Supervisor/Dispatcher, Pharr-San Juan-Alamo I.S.D 1994-2000 • Answered phones, greeted and assisted visitors, and handled general administrative duties, such as filing, copying and mailing field trip requests • Organized regular bus routes • Organized bus routes for students with special needs • Supervised 98 bus routes • Managed bi-weekly payroll • Submitted Transportation Funding reports to TEA • Performed school bus evacuation training at schools • Performed "behind the wheel" training and earned in-vehicle experience Transportation Bus Operator, Pharr-San Juan-Alamo I.S.D. 1986-1994 • Transported students to and from school • Completed assigned school function activities • Ensured a safe driving environment • Performed student school bus evacuation training Vehicle Transporter/Salesperson, arty's Used Cars 1981-1986 • Transported used cars • Assisted in sales and service • Corresponded with customers • Detailed vehicles • Performed minor engine repair . d u c a t.li o HSD, Pharr--San Juan-Alamo High School 1981 Other • Certified Texas Education Agency (TEA) Instructor • Texas Association of Pupils Transportation (TAPT) Instructor • State Certified under the Texas DPS in Accident Investigation IIS III III III S I am proficient in Microsoft Word, PowerPoint, and Excel. I also have excellent interpersonal skills, as I have been in a management/supervisor position for twenty years. Over that time, I have developed the communication skills necessary to effectively resolve conflicts, deliver company initiatives, and train employees. I have also developed the skills of multitasking and prioritizing, as I have consistently managed multiple projects/departments at once. 2 AIJ'; In 2006, Carlos Vargas joined MV Transportation after nearly 19 years of experience in the field. In his second year of working with MV Transportation, he received the award of "New General Manager of the Year" for 2008. He manages the budget for the corporation, supervises a team of 80 employees, and oversees customer care. Before coming to MV, he spent thirteen years with the Pharr-San Juan-Alamo ISD; seven years as a bus operator and six years as a dispatcher/supervisor. In January 2001, he became the Director of Transportation for McAllen ISD. Carlos has received numerous certifications and training within the transportation field. A most recent certification was received at MV University General Manager training. Other certifications include Texas A&M Engineering Extension Service Instructor, Texas DPS Accident Investigator, Texas DPS Child Restraint, and Texas Association for Pupil Transportation Instructor. In addition, he is a certified instructor for wheelchair securement. While employed with McAllen ISD, he attended education logistics training for school bus routing in Las Vegas, Nevada. He also attended United States Homeland Security Weapons of Mass Destruction training in Austin, Texas. Carlos is also active within the community of Corpus Christi. He currently serves as board member with Corpus Christi Hispanic Chamber of Commerce, member of Corpus Christi Chamber of Commerce, committee member with Corpus Christ Committee For Persons With Disabilities, active volunteer with Big-Brothers Big- Sisters of South Texas, active volunteer with Flour Bluff Special Olympic and volunteers with Antonio Art Garcia Center annual Navidad Del Los Nino's Christmas event in which he provides music during the Christmas toy drive giveaway. Originally, from Pharr, Texas, Carlos now works in Corpus Christi, Texas, with his wife Graciela, a teacher with CCISD. His daughter Sara Eloisa graduated in May 2008 from TAMUK as an Electrical Engineer and currently works for Sam's Club Corporate office in Rogers, Arkansas. In May-2010, his son Carlos Emmanuel graduated from TAMUCC with a degree in Biochemistry and currently attends Pacific Northwest University of Health Science in Yakima, Washington. An important aspect of his life includes his family and friends, but of great importance, his wife. He also enjoys fishing, cooking, and his favorite barbecuing where he was awarded 1st place in the "2002-Backyard Chef" contest. SC o� � v AGENDA MEMORANDUM NORPgRp�EO Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting of February 13, 2018 DATE: January 12, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund to continue the Victim Outreach Program CAPTION: Resolution authorizing submission of grant application for $216,469.70 to the State of Texas, under the Victims of Crime Act with city match of$13,637.43 cash and $40,480 in-kind services. PURPOSE: This funding is available from the State of Texas, Criminal Justice Division, to provide funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant is designed to assist victims in stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to cooperation with law enforcement and the criminal justice system due to the emotional and physical impact of the crime. The grant will provide funding for a victim case manager to provide community outreach to identify resistant or reluctant victims of crime and assist victims in understanding and participating in the criminal justice system. Through public presentations, multi-disciplinary meetings and legal advocacy, the case manager will provide crisis intervention and follow up services in order to establish rapport and build resiliency of victims in districts at high risk for violence. A Staff Assistant keep accurate and timely records, including information properly entered into database systems. The State provides for the salary/benefits of one Victim Case Manager, one Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute in-kind contribution, and the City contributes for training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. It is a two year grant application for 10/1/2018—9/30/2020. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: OMB Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2018- Expenditures 2019 CIP only) Current Year Future Years TOTALS Line Item Budget $0 $ $ Encumbered / Expended Amount This item $0 $13,637.43 $13,637.43 BALANCE $0 $13,637.43 $13,637.43 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of grant application for $216,469.70 to the State of Texas under the Victims of Crime Act with city match of$13,637.43 cash and $40,480 in-kind services Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $216,469.70 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program. SECTION 2. The City Council commits to provide for the applicable city match of $13,637.43 cash and $40,480 in-kind services, for a total project cost of$270,587.13. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 2 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 SC o� � v AGENDA MEMORANDUM NORPgRp�EO Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting of February 13, 2018 DATE: January 12, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Violence Against Women Act (VAWA) Fund. CAPTION: Resolution authorizing submission of grant application for $54,339.42 to the State of Texas under the Violence Against Women Act with city match of $14,000 cash and $8,280 in-kind services PURPOSE: Year 19 funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA)that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk-in to the unit at the Police Department. The grant provides funds for one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long- term safety needs. The State provides for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage, volunteer hours contribute the in-kind contribution, and the City contributes for training, travel, supplies and miscellaneous equipment as the required match. This grant period will be 9/1/2018 to 03/31/2019. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance Legal OMB FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017 - Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 $1,166.671 $12,833.33 1 $14,000 BALANCE Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of grant application for $54,339.42 to the State of Texas under the Violence Against Women Act with city match of $14,000 cash and $8,280 in-kind services Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $54,339.42 for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program. SECTION 2. The City Council commits to provide for the applicable city match of $14,000 cash and $8,280 in-kind services, for a total project cost of$76,619.42. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 2 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 SC o� � v AGENDA MEMORANDUM NORPgRp�EO Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting of February 13, 2018 DATE: January 30, 2018 TO: Margie Rose, City Manager FROM: Gilbert Sanchez, Safety and Risk Manager pilberts2(abcctexas.com (361) 826-3739 Kim Baker, Assistant Director of Financial Services kimb2gcctexas.com (361) 826-3169 Claims Database System for Risk Management CAPTION: Resolution finding that the purchase of a claims database system for the Risk Management Division is a sole source procurement; and authorizing a five-year service agreement with Recordables, Inc. of Venice, Florida, for a total amount not to exceed $97,437.25. PURPOSE: This software, TrackAbility, is used by the Risk Management Division to enhance the claims administration capabilities. BACKGROUND AND FINDINGS: The Risk Management Division has utilized this type of software successfully for the last five years. The contract that is in place is at the end of its term. This webhosted system allows the City to streamline its processes of claims functions for efficient claims administration. It also allows for quality and efficiency of trending reports for claims data, best practice audit data and tracking capabilities, and an insurance tracking system for all areas of claims. Recordables, Inc. is the sole owner of TrackAbility software and changing the current system would not be cost effective due to the volume of data already stored and tracked in the system. Additionally, TrackAbility has been customized to meet the specific needs of the City. Staff was able to obtain a lower price for this system than was paid in the previous agreement that had been publically procured. 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: Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $50,000.00 $77,949.80 $97,437.25 Encumbered / Expended Amount $7,828.00 $0.00 $0.00 This item $19,487.45 $77,949.80 $97,437.25 BALANCE $22,684.55 1 $0.00 $97,437.25 Fund(s): 5611 — Liability and Employee Benefits Fund Comments: The initial contract year is for an amount of$19,487.45, with the subsequent four contract years bringing the total contract value to $97,437.25. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Resolution finding that the purchase of a claims database system for the Risk Management Division is a sole source procurement; and authorizing a five-year service agreement with Recordables, Inc. of Venice, Florida, for a total amount not to exceed $97,437.25. WHEREAS, a claims database system will be purchased for use by the Risk Management Division; WHEREAS, this system will assist the Division's staff with the claims administration; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to purchase a claims database system for Risk Management from Recordables, Inc., of Venice, Florida, based on a sole source, for a five-year term for a total amount not- to-exceed $97,437.25. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas day of 20 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 „q~; ° G SERVICE AGREEMENT NO. 1499 ,v Claims Database System for Risk.Management THIS Claims Database System for Risk Management Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"') and Recordables, Inc. (`,Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Claims Database System in response to Request for Bid/Proposal No. N/A ("`RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Claims Database System ("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 sixty months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing., Division. The parties may mutually extend the term of this Agreement for up to zero additional n/a-month periods ("Option Periods)") provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. . Compensation and Payment. The total value of this Agreement is not to exceed 97,437,25, 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. . 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 fellows: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 . . _........ ... Name: Gilbert Sanchez Department: Risk Management Phone: 361 .826.3739 Email: Gilberfs2@cctexas.com 5. Insurance; Bonds,. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("CO]"), 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 3,0 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 fo 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 it 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. 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. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 ------------------------ --- --- 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. (B) 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/Quantlity 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. Nen-Appropriatilon. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the 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 acfs 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 n 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 .......... 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the some. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unempIoymenf taxes and all other related faxes. Upon request, the City Manager shall be provided proof of payment of these faxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fox, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: If TO CITY: City of Corpus Christi Attn: Gilbert Sanchez Title: Safety and Risk Manager Address: 1201 Leopard Street, Corpus Christi, Texas 78401 Phone: 361,.326.3739 Fax: IF TO CONTRACTOR: Recordabl:es, Inc. Attn: Paull Kofman Title: President Address: P.O. Box 519, Venice, Florida 34284 Phone: 312.961.7894 Fax: 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYSFEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 ---------------- ..................................... OR OTHER DISPOSITION, F LL ACTIONS BASEDTHEREON WITH COUNSEL SATISFACTORY TO THE CITYL CHARGES OF ATTORNEYS AND ALL OTHER COSTS ANY KIND ARISINGRESULTING ! LIABILITY, LOSS, L I , DEMANDS, SUITS, ACTIONS. THE INDEMNIFICATION OBLIGATIONS T T THIS SECTION SHALL SURVIVE THE EXPIRATIONLI TERMINATION OF THIS T. 18. Ter inaf on. (A) The City tanager 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 Administrafor 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 tanager may terminate this Agreement immediately thereafter. (B) Alternatively, the City tanager 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 tanager 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 :tanager'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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, Service Agreement Standard Farm Page 5 of Approved as fo Lr gd 'Fenn 12115/17 D. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel,- and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24, Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable low for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire, Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 ......................... ....................... -------------------- CONTRACTOR Signature: / Printed Name: 11j?4-C Title- "N' Date: CITY OF CORPUS CHRISTI Signature: Printed Name. Title: Date: Attached and!, Incorporated by Reference: Attachment A-. Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: ln,surance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 -------------- ........................... Attachment A ® Scope of Work 1.0 General Requirements/Background The Contractor shall provide a claims database system for use by the City's Risk Management Division. The City currently self-insures Auto, General and other Liability claims and lawsuits that are handled in-house by claims adjusters and litigation attorneys. 1.1 Scope A. The system shall be web hosted software Utilizing VPN, Virtual Private N� etwork connections utilizing a SaaS Software as a service or subscripton based model. B. Contract is to provide TrackAbility software for liability with litigation/legal module, check writing, Center for Medicare Services and CerfAdvisor for managing incoming certificates of insurance for up to 15 users. C. The system must be capable of enhancing the claims adminsfration: capbilites to include but are not limited to: I Streamlining processes of claim functions and payment related activities for efficient claims administration. 2. Quality and efficiency of trending reports for claim data and standardizing claim types. 3. Best practice audit data and tracking capabilities. 4. A certificate of insurance tracking module to efficiently organize and track certificates of insurance and related functions. D. The system should be capable of addressing claim and lawsuit categories such as: General Liability, Auto Liability, Public Officials' Liability, Law Enforcement Liability, Employment Practices,, EEOC, Crime- Employee Dishonesty, Environmental Impairment Liability, Property, Boiler and Machinery, Self-Insured and various miscellaneous categories. ............... -------- ------- - .............. .............. c ment B - Schedule of Pricing Cil kATTACHMENT B-QUOTE/PRICMG SCHEDULE 0TY OF! RPU .t RISTs QUOTE FORM 1. Reter to Contract Teras and Conditions before,completing quote. . Quote your best aria, including freight,for each ife m. 3. In submitting this quote, COFTtfaClOr cerfifips that the prices in this quote have been or'riv at al haat to rad'saratiy, without cons0tation, craa"rarrr unicrati ra, or agreement wifh any other contractor or compefitor,for ttwr purpose of rc-,rstftrjng r:rarr pefftsora with regard to pries. Invitation tea art , TOB Destination, Frei?tat Included on the tot6orirwa : DESCRIPTION Ty � U141T 'UNIT PRICE PRICE TOTAL y t _......48 45 X49 i87 45 1 Yearly s�aikksGvrsi�iia.u�crt Twa�c:t',•�i.mCdi� "vlr+t�}va Flr� iAwPa'^ d IS � p E i TOTAL p 9,48 .45 _._. _..._... __.. r _ . . L._.,w w.. :; me P'Iw4"wiY Rec ordcibk,,,s, Irr•:::. NW,rYF chi.: i'ERSC_)N" AJJTH0R7FD TO i^^',c�4rrian A(" CY",,�_'S S; PC BC":X `a 9 1 :^,I"ATF Iki''`°Jt nc e, L 42 84 .11H,(m... _m,._.._ ......... c i^� ,� ✓ h ei �t��oM'�fJ: �9 k, 244-S51,') P. Cmc ary k5, 2018 SIG AJ URP`; l l i(.E P"eiO-,,, rJ THE: CRY RESERVES THE I lis '70 REJECT OR CANCEL ANY 'reit ALL QUOTE& TO WAIVE ANY 0 Ro v4;F".(;I ;.201;P' 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. Construction contracts including excavation at (3) three feet or more requires Pollution Liability Coverage. In addition Construction contracts of more than (5) five million dollars require Umbrella Liability Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. . .... ERRORS & OMISSIONS $1,000,000 Per Occurrence $1,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. IL ADDITIONAL REQUIREMENTS A. 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. B. 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, TY 78469-997 --------------- .......... ..........-.......... Attachment D ® Warranty No warranty is required under this Agreement, therefore Service Agreement paragraph (B) of Section 8 is null and void. ............... ......................... ............................... ............ SC 00 � 0 E AGENDA MEMORANDUM NCORPORP11 Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting of February 13, 2018 DATE: January 22, 2018 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 Barge Dock Improvements (Rebid) Type A Funds CAPTION: Motion authorizing a construction contract with Grace Paving and Construction, Inc., of Corpus Christi, Texas, in the amount of $553,199.17 for the Barge Dock Improvements (Rebid) project for the total base bid plus additive alternates 1 and 2 (Type A Funds). PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract with Grace Paving and Construction, Inc., for the Barge Dock Improvements (Rebid) project. BACKGROUND AND FINDINGS: This project is a critical element of the seawall and an approved Capital Improvement Project within the Type A funds. The Corpus Christi Business and Job Development Corporation reviewed and recommended approval of the construction contract on January 15, 2018. Capital Improvement Program description: "The Barge Dock (commonly referred to as the Art Museum Barge Dock)is located on N. Shoreline Boulevard north end of Corpus Christi Seawall adjacent to the Art Museum of South Texas. Its proximity to the entrance of the Port of Corpus Christi, the American Bank Center, Selena Auditorium, the Museum of Science and History and the Art Museum make the Barge Dock an integral part of these facilities. The Barge Dock area consists of a concrete paved area over fill material, contained along Corpus Christi Bay by a sheet-pile supported structure topped with a concrete pile cap. The barge dock is frequently swamped by high tides limiting its usefulness. A previous concept of this project contemplated raising the structure and enhancing its use. The current program includes funds for maintenance activities only." The Barge Dock was originally constructed with the seawall in 1941, and the last major rehab was in 1983. It is configured to service as true dock for mooring boats and for additional parking. The structure and pavement are now showing signs of distress with the age and exposure to the harsh environment. Additionally, there are unsafe vehicular activities that are damaging the parking lot and nearby facilities; specifically, cars racing and spinning in circles that propel rocks that cause damage to the Art Museum property. This project provides the structural repairs and adds speed bumps, concrete car stops, and concrete bollards to prevent unsafe vehicular activities. The project was bid twice. The first bid was in June 2017, where only two bids were received and subsequently rejected. Both bids were nearly double the engineer's estimate, and exceeded the available funding. Staff interviewed the bidders to determine the cause of the higher than expected bids. Based on bidder responses, the project scope and quantities were unclear. The design engineer and staff better defined the scope and clarified the contract requirements. Additionally, some of the scope was moved from the base bid into additive alternates as follows: PROJECT REVISED (REBID) SCOPE: Barge Dock Project (Rebid) was developed with a base bid plus two additive alternatives to maximize the extent of work within the available funding. The following is a summary of the work: Base Bid - Includes repairs to the concrete structures, mooring cleats, bollards and storm water outfall with a new 1.5" HMAC overlay to the parking lot. The project also includes filling structural voids with lightweight concrete, new pavement markings and new safety features to prevent unsafe vehicular movements. Additive Alternate No. 1 — Increases the concrete pavement repairs to include replacing damaged concrete pavement at the south end of the Barge Dock. Additive Alternate No. 2 — Increases thickness of the HMAC overlay from 1.5" (base bid) to 2". On November 8, 2017, the City received proposals from six (6) bidders. The bids are as follows: Contractor Base Bid Add Alt 1 Add Alt 2 TOTAL Grace Paving and Construction, Inc. $466,115.01 $53,140.88 $33,943.28 $553,199.17 Corpus Christi, Texas Mako Contracting, LLC. 672,193.62 46,522.32 19,742.52 738,458.46 -Corpus Christi, Texas Mo-Con Services, Inc. 562,797.27 50,216.40 39,398.45 652,412.12 Corpus Christi, Texas DMD Construction 561,399.42 69,264.00 38,186.19 668,849.61 -Corpus Christi, Texas Abba Construction 646,535.00 76,960.00 No Bid 723,495.00 Laredo, Texas J.M. Davidson, Ltd. 745,224.55 80,538.64 21,560.91 847,324.10 Aransas Pass, Texas Engineer's Opinion of Probable $596,160 $73,016 $42,862 $712,038 Construction Cost Staff and the LJA Engineering analyzed the six proposals and determined the lowest responsive and responsible contractor is Grace Paving and Construction, Inc. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: LJA Engineering, Inc., was selected for this project as a result of RFQ No. 2009-05 City of Corpus Christi Projects. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; FY 2017-2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Type A Board FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2017-2018 Expenditures Budget $663,100.00 $1,025,177.74 $1,688,277.74 Encumbered / Expended Amount 522,685.83 522,685.83 This item 553,199.17 553,199.17 Future Anticipated 151,502.74 151,502.74 Expenditures This Project BALANCE $140,414.17 $320,475.83 $460,890.00 Fund(s): Type A Funds, CIP Seq. PH 17 Comments: N/A RECOMMENDATION: City staff and LJA Engineering recommend approval of a construction contract with Grace Paving and Construction, Inc in the amount of$553,199.17 for the Barge Dock Improvement Project (Rebid)for the base bid plus additive alternates 1 and 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation PROJECT BUDGET ESTIMATE Barge Dock Improvements (Rebid) Seawall System CIP PROJECT FUNDS AVAILABLE: Seawall System CIP Fund 1,663,100 Storm Water O&M 25,178 TOTAL FUNDS AVAILABLE................................................................................................ 1,688,278 FUNDS REQUIRED: ConstructionFees:............................................................................................................. 608,519 Construction (GRACE PAVING AND CONSTRUCTION) THIS ITEM.................. 553,199 Contingency (10%).................................................................................. 55,320 Desicin, Geotechnical Testinci and Investiciation Fees:............................................................... 467,366 Engineering (LJA Engineering)..................................................................... 309,870 Geotechnical Testing (Test America)............................................................. 419 Geotechnical Testing (Rock Engineering)....................................................... 47,935 Geotechnical Testing (Rosengarten, Smith &Assoc)........................................ 2,466 Investigation Phase Services (Barcom).......................................................... 106,676 Construction Testinci and Inspection:..................................................................................... 66,090 Construction Materials Testing (estimate) 7,000 Construction Inspection (estimate) 59,090 Contract Manaciement, Reimbursements and Miscellaneous:...................................................... 85,413 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget).................. 33,765 Engineering Services (Project Mgt)............................................................. 50,648 Misc. (Printing, Advertising, etc.)................................................................ 1,000 TOTAL............................................................................................................................. 1,227,388 ESTIMATED PROJECT BUDGET BALANCE.......................................................................... 460,890 N SCALE: N.T.S. NUECES BAY 181 pti PROJECT LOCATION cp�R/Op � R CORPUS CHRISTI SHIP CHANNE LEOPARD O a z eq< 0O �h/N 286 F= MORGP � O 358 Q 0 �l pp z Q CORPUS CHRISTI BAY ��•� �� do T TEXAS A&M UNIVERSITY CORPUS CHRISTI 358 ZZ Q� �SgRgr°cq��m �'r� Mc�RO�F O CABANISS i OSO BAY Q CORI FIELD Qv O �v Q� FLOUR 286 os LOCATION MAP, 358 NOT TO SCALE Z Project: 3426 c� 11 — CITY COUNCIL EXHIBIT Barge Dock Improvements (Rebid) CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering Barge Dock Improvements (Rebid) Council Presentation January 30, 2018 r Project Location Corpus CNr'stl Engineering NUECES BAY N SCALE:N.T.S. PROJECT LOCATION CORPUS CHRISTI �o �o S CORPUS CHRISTI&1Y yke � ss iss OSO BAY Q nn °0v'niR"sRr in on FLOUR BLUFF Project Vicinity ?\ Corpus erw » @m©mm / <\ N c d\ m sr » «« �/��� ^ � • ! \, \9 dd Project Scope i Engineering Base Bid Work: • Structural repairs • Pavement resurfacing • Storm water outfall repairs • Pavement markings • Speed bumps, concrete car stops, and concrete bollards to prevent unsafe vehicular activities Additive Alternate 1: • Increases concrete pavement repairs to include damaged concrete pavement at south end of Barge Dock Additive Alternate 2: • Increases HMAC overlay to 2" from the 1.5" in base bid �d Project Schedule °U� Corpus Chr'sti Engineering 2017 • O N DI J F MA M J Bid/ Award Projected Schedule reflects City Council award in January 2018 with anticipated completion in June 2018. 111 820 Buffalo Stroet,Cc ipus Chhsti,Toxas 78401, LJA ENGINEERING t 4618878851. f 361.8878855 LJA.corn TBPE F-1286 T2PLS 10016600 November 14, 2017 City of Corpus Christi Engineering Services P. C. Box 91277 Corpus Christi, Texas 78469-9277 Attn: Mr. J. H. Edmonds, P.E. Director of Engineering Services Re: Barge Dock Improvements (Rebid) Project No. 3426 RECOMMENDATION OF AWARD LJA Project No. C007-12040 Dear Mr. Edmonds: We have reviewed the six (6) bids received on November 8, 2017 for the Barge Dock Improvements (Rebid) Project ("Project"), The Project includes improvements to the pavement at the Barge Dock parking lot. The objectives are to repair any damaged areas and to seal the surface of the parking lot. Scope of work includes cleaning and sealing the concrete around the existing bollard and cleat bases, removing and replacing damaged bollards, repairing damage to the concrete bulkheadcap, filling the underwater voids around the stormwater RC pipes in the bulkhead, repairing damage to concrete structures at two specific locations, removing and replacing damaged concrete pavement, repairing spalling in the pavement, cleaning and resealing expansion joints at the rampwall, between the bulkhead and pavement, at the seawall, and throughout the parking lot. Scope of work also includes installing 1.5" Type 'D' HMAC overlay over the existing concrete parking lot, parking lot striping, concrete bollards,, concrete, curb stops, a speed hump, and filling the void behind the seawall with flowable fill. Alternate No. 1 includes removing and replacing the damaged concrete pavement at the south end of the Barge Dock. Alternate No. 2 includes deducting the 1.5" Type 'D' HMAC from the base bid and installing 2" Type 'D' HMAC overlay over the existing concrete parking lot. The bidders were Grace Paving and Construction, Inc. (Grace), Mako Contracting, LLC (Mako), Mo-Con Services, Inc. (Mo-Con), DMB Construction, LLC ("DIVIB"), Abba Construction, LLC ,(Abba), and JM Davidson Ltd. ("JM Davidson"). All six (6) bids (attached) were reviewed by City legal and deemed complete and responsive. All six (6) bids have been evaluated and a Bid Tabulation (attached) has been prepared. The bids from Mo-Con contained minor math errors, which did not change their relative bid status. In addition to their Bid Proposal, the three (3) lowest bidders have submitted documentation supporting the requirements of Section 00 45 16 Statement of Experience (attached). We have reviewed all three (3) bidders' Statements of Experience and found Grace and DMB's to be complete. LJA will review Mo-Con's resumes of key personnel upon receipt and forward on to the City. Mr.J.H. Edmonds, P.E. Barge Dock Improvements(Rebid) November 14,2017 Recommendation of Award Project No(s)3426 2 of 2 All three (3) of the lowest bidders are local contractors with significant construction experience with the City of Corpus Christi. DMB and Grace have recently completed projects for the City of Corpus Christi that are similar to the Barge Dock Improvements Project. The Bid was composed of, and will be evaluated based on the availability of funds, on the following four(4) bid combinations: 1. Total Base Bid, or 2. Total Base Bid+Alternate No. 1, or 3. Tota/Base Bid+Alternate No.2, or 4. Total Base Bid+Alternate No. 1 +Alternate No. 2 The Contract Documents stipulate that the Project shall be substantially complete within 90 calendar days from Notice to Proceed and establishes the liquidated damages amount at $600 for each day that expires after the specified substantial completion time. After review of the bid proposals and requisite additional documentation, UA acknowledges that Grace Paving and Construction, Inc. is the Lowest Bidder on the Project and meets the requirements for award of the Project. Based on the staff's confirmation that the budget is sufficient for Base Bid + Alternate No. 1 + Alternate No. 2, which will seal the surface and improve the appearance of the concrete parking lot, UA recommends that the City award the Project to Grace Paving and Construction, Inc.for the following amount: Total Base Bid+Alternate No. 1 +Alternate No. 2 $553,199.17 If you have any questions, or require any additional information, please contact our office. Sincerely, to Victor M. Gutierrez, r., P.E. Project Manager VMG/dcr cc: Sarah West, P.E., Project Manager, City of Corpus Christi File Attachments: - Bid Tabulation - Bid Proposal from Each Contractor - Section 00 45 16 Statement of Experience Documentation from the Three Lowest Bidding Contractors R:\CLIENTS\CITY OF CC-7\12040-Barge Dock Improvements-Project#3426\Bid Phase\Bid Opening-November 8,2017 se o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting February 13, 2018 DATE: January 30, 2018 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief ocha@cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2&cctexas.com (361) 826-3169 HVAC Service and Repair for Corpus Christi Fire Department for a One-year not to Exceed $66,700, with Two Additional One-year Options and a Total Potential Multi-year Amount of Up to $200,100 CAPTION: Motion authorizing a service agreement with Rapid Air of Corpus Christi, Texas to provide HVAC services and repairs for Corpus Christi Fire Department (CCFD)for a total amount not to exceed $66,700 for a term of one year with the option to extend for two additional one-year periods for a potential multi-year amount of$200,100. PURPOSE: The Service Agreement will ensure prompt service when problems with any of the HVAC systems arise. BACKGROUND AND FINDINGS: All CCFD facilities are essential for the daily operations of the Fire Department. The HVAC system located at the CCFD facilities are in constant use. All services must be fully functional to keep our emergency crews and vehicles ready to respond. When it is hot, our crews count on the air conditioner to rehab. Wearing bunker gear in hot weather, especially after fighting fires, increases a firefighter's body temperature. During cold weather, a similar situation exists. The apparatus cannot be allowed to sit in a cold engine room due to issues with their start up. Furnaces in the engine rooms ensure the ambulances and fire apparatus start every time. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received one responsive, responsible bid and is recommending the award to Rapid Air. Rapid Air's labor rates are competitive with other HVAC companies in the Corpus Christi, Texas area, with a labor rate of $85 per hour. Labor rates range from $75 per hour to $99 per hour. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $480,194.00 $161,192.00 $641,385.00 Encumbered / Expended Amount $122,453.90 $0.00 $122,453.90 This item $38,908.00 $161,192.00 $200,100.00 BALANCE $318,831.90 $161,192.00 $318,831.90 Fund(s): General Fund Comments: The initial contract is for an amount not to exceed $66,700, of which $38,908.00 is funded in FY2017-2018 budget. The total contract value will be $200,100 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 BID TABULATION PURCHASING DIVISION RFB 1422-HVAC for Corpus BUYER: MINERVA ALVARADO FIRE DEPARTMENT Rapid Air Corpus Christi,Texas On Call Services Item IDescription jUnit I Qty I Markup % I Markup Total 1 Parts including Freon EA $25,000.00 30% $7,500.00 Labor Item Description Unit Qty Unit Price 3 Normal Hrs (M-F 8:OOam-5:OOpm) HR 180 $ 85.00 4 After Hrs (5:01pm-7:59am to include 60 weekends/Holidays) HR $ 85.00 Preventative Maintenance Services Item Description Unit Qty Unit Price 5 Fall Preventative Maintenance EA 46 $ 150.00 6 Spring Preventative Maintenance EA 46 $ 150.00 Christi Parts Total $32,500.00 Total Price $ 15,300.00 $ 5,100.00 Total Price $ 6,900.00 $ 6,900.00 $66,700.00 113S a SERVICE AGREEMENT NO. 1422 HVAC Service for Corpus Christi Fire Department f�'anwo�alev 1852 THIS HVAC Service for Corpus Christi Fire Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Rapid Air ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide HVAC Service for Corpus Christi Fire Department in response to Request for Bid/Proposal No. 1422 ("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 HVAC Service for Corpus Christi Fire Department ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $66,700.00, 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. 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: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 10/2/17 Gerardo Garcia Fire Department 361 .826.8427 GerardoG@ 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. 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 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 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, 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 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: Gerardo Garcia Fire Captain 2406 Leopard Street, Corpus Christi, TX 78408 361 .826.4515 IF TO CONTRACTOR: Rapid Air Attn: Eladio Castaneda Owner 2101 Leopard Street, Corpus Chirsti, TX 78408 361 .882.2313 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. 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. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 CONTRACTOR r Signature- Printed n tur :Printed Name (k.51 Title: w 1 Date: 241,L-- CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment : Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1422 Exhibit : Contractor's Bid/Proposal Response Service Agreement Standard Parva Page 7 of 7 Approved as tla LegaV Parma 10/2/17 Attachment A: Scope of Work 1. General Requirements/Background Information The Contractor shall provide on call HVAC Service and Repair for Fire Stations located throughout the City of Corpus Christi as outlined in this scope of work. Work will be performed on an as needed basis therefore; no work is guaranteed under this agreement. All quantities are estimated based on past needs. 2. Scope of work A. Service Requirements 1 . The Contractor shall have a sufficient number of responsible, trained personnel qualified to provide the required services. 2. The Contractor shall ensure that all personnel are continuously trained to meet the latest technology and industry standards. 3. The Contractor shall be responsible for assuring the safety of its employees, City employees, and the general public during performance of all services under this contract. 4. The contractor shall assure that all crews are fully and properly equipped to perform services promptly and safely without delay. 5. All personnel assigned to the City's service agreement account shall meet all applicable certification requirements of any regulatory agency having jurisdiction. 6. Contractor will charge a per hour rate charge per trip....... No minimum per hour rate will be charged. 7. All Technicians assigned to the City's service agreement account shall be registered with the State of Texas in accordance with TDLR and be clean of TDLR violations three years prior to solicitation date. 8. All personnel assigned to the City's service agreement shall wear a uniform, including safety equipment and any company issued photo identification, if issued by the company. The clothing shall be identifiable with a logo bearing the name of the company visible from 15 feet at all times. All personnel shall be neatly dressed in shirts, safety shoes, and long pants. Shorts or torn clothing are unacceptable. Clothing worn shall be suitable for HVAC work in accordance with NFPA 70E requirements. 9. The Contractor shall be able to perform specified services 24 hours a day, 365 days per year on an as needed basis. The City will use Page 1 of 5 prudent judgment when calling after regular working hours for specific services. 10.The Contractor must have personnel available to receive work order requests and/or return phone calls within half an hour of being placed by the Fire Department. 11 . The Contractor shall be on site within two hours or within an agreeable time frame determined by the Fire Department and the Contractor of receipt of work order requests. 12. The Contractor shall repair the HVAC deficiencies within 24 hours of arrival on site or have communicated with the Contract Administrator of any conditions that may delay work being completed within 24 hours. 13. Contractor shall provide all necessary management, supervision, labor, equipment, material, transportation, and supplies required to repair, alter, or construct mechanical systems. All work and services performed must be accomplished in a manner that meets all applicable original equipment specifications, trade standards and provisions, federal, state, and local codes regulations. B. Service Requests are to be accepted by the following authorized personnel: 1 . Assistant Chief of Support Services 2. Captain Assigned to Facility Maintenance 3. Battalion Chief during emergency situations C. Types of services and items covered by this agreement include, but are not limited to: 1 . HVAC installation and repair 2. Ductwork installation and repair 3. Wiring and cables installation and repair 4. Diagnostic test equipment 5. Inspections of equipment 6. Temporary HVAC services to facility. Temporary HVAC equipment to Fire Stations if need arises 7. Secure HVAC permits as required by city/state codes and ordinances 8. Tools and equipment 9. Supervision of project 10. Manpower Page 2 of 5 1 1 . Training of Contractor employees for work under this contract 12. Training of Fire Personnel for maintenance of new equipment 13. Preventative maintenance D. Contractor is responsible for making repair to or replacement of any material or equipment damaged during the completion of work or as the result of action or inaction by their staff. E. Contractor shall dispose of all worn/defective parts, oils, solvents, in accordance with all applicable laws, rules and regulations as to ensure the highest level of safety to the environment and public health at no additional cost to the City. F. Contractor shall not store worn or defective parts on City premises at the end of the work day unless otherwise specified by the Contract Manager or designee. G. Contractor must clean the work site from debris or hazards at the end of every work day. H. Upon completion of service call to the Fire Station, Contractor shall submit a final work order or repair slip to the personnel on site at time of completion and shall contain the following information: 1 . Site location of the equipment repair 2. Name, model number and serial number of the equipment repaired 3. Name and model number of any replacement parts I. Repairs include all mechanical and all electrical components related to the operation of the HVAC system. J. Contractor shall have the ability to repair/replace parts that are necessary. All materials used must be factory new/unused and free of defects in materials and workmanship. Repair parts and components must conform to original equipment manufacturer specification. K. Contractor shall provide an estimate based on the price schedule for major repairs, defined as exceeding $1,000.00. Estimates shall include labor and parts that are in accordance with the contract pricing sheet. Page 3 of 5 L. If any item of equipment covered under this agreement is deemed non- repairable by the Contractor, the Contractor shall immediately notify the Contract Administrator. M. All air conditioners will require a complete spring preventative maintenance services to be scheduled by the contract administrator. N. All furnaces will require a complete fall preventative maintenance services to be scheduled by the contract administrator. 3. Work Site and Conditions A. The work shall be performed at the following Fire Stations: Station Address Zip Station # Address Zip # Code Code 1 514 Belden St. 78401 6 6713 Weber Rd. 78413 2 13421 Leopard St. 78410 7 3722 S. Staples St. 78411 3 1401 Morgan Ave. 78404 8 4645 Kostoryz Rd. 78415 4 2338 Rodd Field Rd. 78414 9 501 Navigation 78408 Blvd. 5 3105 Leopard St. 78408 10 1550 Horne Rd. 78416 Station Address Zip Station # Address Zip # Code Code 11 910 Airline Rd. 78412 17 6869 Yorktown Blvd. 78414 12 2120 Rand Morgan Rd 78410 18 6226 Ayers St. 78415 13 1802 Waldron St. 78418 Warehouse 1501 Holly Rd. 78417 14 5901 So. Staples St. 78413 Old St #5 3312 Leopard St 78408 15 14202 Commodores Dr. 78418 EMS Central 209 S. Carancahua 78401 16 8185 State Hwy 361 78418 B. There are approximately 46 different units in operation at the above stations. Repairs are to be performed on units manufactured by the following companies: 1 . AHRI 2. American Standard 3. Carrier 4. Goodman 5. Grande Aire 6. Lennox 7. Panasonic 8. Payne 9. Rudd Page 4 of 5 1 O.TempStar 1 1 .Trane 12.Other Brands possible 4. Contractor Quality Control and Superintendence 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. 5. Special Instructions A. The Contractor shall report to the station Captain, or to any CCFD personnel at the station upon arrival. The Contractor will check in on the Vendor Check In/Out Form. Upon completion of the project, the Contractor will notify the Captain or other CCFD employee. The Vendor Check In/Out Form shall be completed at this time to close out the service call. If the Contractor has to leave the premises to obtain parts or other materials, station personnel must be notified and these times must be listed on the form. If station personnel are not available, the Contract Administrator will be contacted as to check in and check out. B. The Contractor shall submit a final work order or repair slip to the personnel on site at time of completion and shall contain the following information: 1 . Site location of the equipment repair 2. Name, model number and serial number of the equipment repaired 3. Name and model number of any replacement parts 4. The times, in hours, listed on the Vendor Check In/Out Form C. Invoices shall include itemized records of the following: 1 . Work description, location and date of repairs 2. Labor cost with backup as listed on the Check In/Out Form 3. Parts and prices with backup 4. Technician's name Page 5of5 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI ° BID FORM w_. PURCHASING DIVISION in un RFB No. 1422 `xs�2 Heating, Ventilating, and Air Conditioning (HVAC) For Corpus Christi Fire Departments PAGE 1 OF I Date: is j� Authorized Bidder: R.4e.'o 6410- Signature: _ 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. ....QTY,,,,,,,,,,,, ,. .M. .... .�.....,,��,�ri........�. ..._...�............. �. On Call Services Markup Estimated _„m _ Parts Total _...... A X25,000 ..... % ,. o ....., Parts includin Freon -„ .� _ E _......... .............a, �,.. mm. .�..__. ..W... Labor _ Unit Price Total Price.......... 3 Normal Hours {M-F 8:00am�-5:00 _ __. ............ . ._. ._. .a............ HR i$0 4After Hours (5:01 pm 7:59am to HR 60 include holida s Preventive Maintenance _...... ..°'"__...�...�.mm ..... ..m ,.. _. .,,�.... Services Unit My Unit Price Total Price S Fall Preventative Maintenance mm EA 46 15'0 m f . ._W. .. tM_.. . ,. /�o ...... � PtenancEA 4 Tocol ...._............ .........._... ............. __............_. �ra�..._ u......... • Include estimated quantity times markup percentage on total price Page 1 of 1 Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . 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. 2. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property Management one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not domiciled in Texas) Exhibit. Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 3 3. 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. B. 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 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. 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 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 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 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. Page 2 of 3 5. 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. 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 Contractor 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 contract. 2017 Insurance Requirements Purchasing HVAC Equipment New Installation, Replacement and Repair 11/08/2017 sw Risk Management Valid Through 09/30/2018 Page 3 of 3 Attachment D: Warranty Requirements Warranty A. Covered warranty on new installation shall be one year or better for all labor and material. B. Warranty on all repairs shall be 90 days or better for all labor and materials. Any additional service call to repair deficiencies, previously addressed, will not be considered for payment. Page 1 of 1 se o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting February 13, 2018 DATE: January 30, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities anGQcctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim 2&cctexas.com (361) 826-3169 Gate Valves Supply Agreement CAPTION: Motion authorizing a 36-month supply agreement with Gajeske, Inc., of Houston, Texas, for Gate Valves for the Utilities Department for a total amount not to exceed $362,589.54. PURPOSE: This is a motion to approve a supply agreement for gate valves for the Utilities Department. BACKGROUND AND FINDINGS: The gate valves are stocked by the warehouse and used by the Utilities Department for new service and maintenance of water and waste water lines. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received three responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Gajeske 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: Finance FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,800,195.15 $282,014.09 $3,082,209.24 Encumbered / Expended Amount $353,473.28 $0 $353,473.28 This item $80,575.45 $282,014.09 $362,589.54 BALANCE $2,366,146.42 $0 $2,366,146.42 Fund(s): Municipal Court Comments: The initial contract is for an amount not to exceed $362,589.54 for three years, with an estimated expenditure of$80,575.45 to be funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Purchasing Division RFB No.1429 Buyer:Cynthia Perez Gate Valves Core&Main LP.F/K/A HD Gajeske,Inc. Ferguson Enterprises Inc. Supply Waterworks,Ltd. Corpus Christi,TX Houston,TX Corpus Christi,TX Item Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 City Stock No.3193-3"Flange X Flange EA 72 $272.00 $19,584.00 $265.40 $19,108.80 $290.140 $ 20,890.08 w/hand wheel,AMFC,AFC2593FFOL 2 City Stock No.3194-4"Flange X Flange EA 60 $305.00 $18,300.00 $296.57 $17,794.20 $324.030 $ 19,441.80 w/hand wheel,AMFC,AFC2504FFOL 3 City Stock No.3195-6"Flange X Flange EA 36 $405.00 $14,580.00 $396.18 $14,262.48 $442.190 $ 15,918.84 w/hand wheel,AMFC,AFC2506FFOL 4 City Stock No.3196-8:Flange X Flange EA 24 $635.00 $15,240.00 $619.43 $14,866.32 $691.220 $ 16,589.28 w/hand wheel,AMFC,AFC2508FFOL 5 City Stock No.3198-10"Flange X Flange EA 18 $1,005.00 $18,090.00 $983.68 $17,706.24 $1,075.610 $ 19,360.98 w/hand wheel,AMFC,AFC2510FFOL 6 City Stock No.3197-12"Flange Flange EA 12 $1,215.00 $14,580.00 $1,188.03 $14,256.36 $1,299.100 $ 15,589.20 w/hand wheel,AMFC,AFC2512FFOL 7 City Stock No.3411-4"MJ X MJ w/square EA 72 $306.00 $22,032.00 $299.12 $21,536.64 $344.590 $ 24,810.48 loperating nut,AMFC,AFC2504TMLAOL 8 City Stock No.3334-6"MJ X MJ w/square EA 108 $392.00 $42,336.00 $381.88 $41,243.04 $439.960 $ 47,515.68 operating nut,AMFC,AFC2506MMLMOL 9 City Stock No.3335-8"MJ X MJ w/square EA 72 $625.00 $45,000.00 $607.68 $43,752.96 $700.170 $ 50,412.24 operating nut,AMFC,AFC2508MMLMOL 10 City Stock No.3336-10"MJ X MJ w/square EA 12 $970.00 $11,640.00 $947.41 $11,368.92 $1,046.460 $ 12,557.52 operating nut,AMFC,AFC2510MMLMOL 11 City Stock No.3337-12"MJ X MJ w/square EA 18 $1,228.00 $22,104.00 $1,198.76 $21,577.68 $1,337.950 $ 24,083.10 operating nut,AMFC,AFC2512MMIMOL 12 City Stock No.3194-4"Tapping Flange X MJ EA 18 $386.00 $6,948.00 $377.28 $6,791.04 $416.550 $ 7,497.90 w/square operating nut,AMFC,AFC2504FFOL 13 City Stock No.3195-6"Tapping Flange X MJ EA 90 $545.00 $49,050.00 $532.59 $47,933.10 $613.440 $ 55,209.60 w/square operating nut,AMFC,AFC2506FFOL 14 City Stock No.3196-8"Tapping Flange X MJ EA 48 $810.00 $38,880.00 $791.09 $37,972.32 $905.440 $43,461.12 w/s uare operating nut,AMFC,AFC2508FFOL 15 City Stock No.3197-12"Tapping Flange X MJ EA 18 1$1,845.00 $33,210.00 $1,801.08 $32,419.44 $1,989.810 $ 35,816.58 w/square operating nut,AMFC,AFC2512FFOL $371,574.00 $362,589.54 $ 409,154.40 .mus c, �a a� H SUPPLY AGREEMENT NO. 1429 Gate Valves 'Ga �uan<Q 1852 THIS Gate Valves Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Gajeske, Inc. ("Supplier'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Gate Valves in response to Request for Bid No. 1429 ("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 Gate Valves 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 36 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $362,589.54, 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 authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 10/2/17 Name: Robert Presnell Department: Finance - Warehouse Phone: (361 ) 826-1750 Email: RobertPR@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 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 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 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. 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: Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 IF TO CITY: City of Corpus Christi Attn: Robert Presnell Title: Stores Supervisor Address: 5352 Ayers St. Bldg.6, Corpus Christi, Texas 78415 Fax: N/A IF TO SUPPLIER: Gajeske Incorporated Attn: Casen Doeppenschmidt Regional Manager Address: 6200 N. Houston Rosslyn Road, Houston, Texas 77091 Fax: (210) 695-4441 17. SUPPLIER SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 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 inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 SUPPLIER Signature: A3��2� Printed Name: 6!:!4a t Lam Title: d orttler' Date: / — 41 — /8 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. 1429 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Supplier shall provide gate valves for the City's Warehouse as outlined in this Scope of Work.The gate valves are used by the Utilities Department for new service and maintenance of water and waste water lines. 1.2 Scope of work A. The Supplier shall provide gate valves, as outlined on the bid/pricing schedule. These requirements cover various gate valves used by the City. The products will be used to restock the City's Warehouse. B. The Supplier will cross reference the City's stock number listed on the bid pricing sheet. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. 1.3 Contractor Quality Control All gate valves will be defect free, properly packed and shipped to ensure a safe delivery. 1.4 Special Instructions A. Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition.Supplier must arrange for the return shipment of damaged products. B. Supplier shall ship the materials in a specified time frame dictated by the Department Requestor to: City's Warehouse located at 5352 Ayers St., Corpus Christi, Texas 78415. C. All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. D. Receipt of products that do not conform to specifications will not be accepted by the City. E. Supplier understands and agrees that the City may, at its discretion, cancel any backorders due to the Supplier's inability to deliver the product within the set time frame. F. Cancellations shall be in writing and sent to Supplier by email, fax or mail. G. No restocking fee or payment of any kind shall be owed for orders cancelled due to Supplier's inability to meet the deadline delivery date. Attachment B Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RPB No. 1429 Gate Valves Date: 1210812017 PAGE 1 OF 2 GAJESKE INC Authorized Bidder: Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid, 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in, good standing with all applicable governmental agencies. d. Bidder acknowledges,receipt and review of all addenda for this RFB. 4. 7-7 '�u$t not write ever or revise the .i�id. f' � wiiil be considered N u, a N the,bid form is modified. 1 City Stock No. 3193 - 3" Flange x Flange EA 72 , $ 265.40 $ 19,108.80 w/hand wheel, AMFC, AFC2593FFOL 2 City Stock No. 3194 4" Flange x Flange EA 60 $ 296.57 $ ' 17,794.20 w/hand wheel, AMFC, AFC2504FFOL 3 City Stock No. 3195 - 6" Flange x Flange EA 36 $ 396.18 ; $ 1-4,262.48 w/hand wheel, AMFC, AFC2506FFOL 4 City Stock No. 3196 - 8" Flange x Flange EA 24 $ 619.43 $ 14,866.32 w/hand wheel, AMFC, AFC2508FFOL 5 City Stock No. 3198 - 10" Flange x Flange EA 18 $ 983.68 $ 17,706.24 w/hand wheel, AMFC, AFC251OFFOL 6 City Stock No.3197 - 12" Flange x Flange EA 12 $ 1188.03 $ 14,256.36 w/hand wheel, AMFC, AFC2512FFOL 7 City Stock No. 3411 - 4" MJ x MJ w/square EA 72 $ 299.12 $ 21,536.64 operating nut, AMFC, AFC2504TMLAO 8 City Stock No. 3334 - 6" MJ x MJ wJsquare EA 108 $ 381.88 $ 41,243.04 operating nut, AMFC, AFC2506MMLMOL 9 City Stock No. 3335 8" MJ x MJ wJsquare EA 72 $ 607.68 $ 43,752.96 operating nut, AMFC, AFC2508MMLMOL 10 City Stock No. 3336 - 10" MJ x MJ wJsquare EA 12 $ 947.41 $ 11,368.92 operating nut, AMFC, AFC2510MMLMOL 11 City Stock No. 3387 - 12" MJ x MJ w/square EA 18 $ 1198.76 $ 21,577.68 operating nut, AMFC, AFC2512MMIMOL 12 City Stock No. 3194 - 4" Tapping Flange x MJ EA 18 $ 377.28 $ 6,791.04 wJs uare operating nut, AMFC, AFC2504FFOL 13 City Stock No. 3195 6" Tapping Flange x MJ EA 90 $ 532.59 $ 47,933.10 w{s uare operating nut, AMFC, AFC2506FFOL 1`4 City Stock No.3196 - 8" Tapping Flange x MJ EA 48 $ 791.09 $ 37,972.32 w/s uare operating nut, AMFC, AFC2508FFOL _ 15 City Stock No. 3197 - 12' Tapping Flange x MJ EA 18 $ 1801.08 $ 32,419.44 wJsquare operating nut, AMFC, AFC2512FFOL Total $ 362,589. 4 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 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 policy by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that,with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Purchasing Order and Delivery of Goods 10/27/2017 sw Risk Management Attachment D- Warranty Requirements AMERICAN AVK COMPANY TEN (10) YEAR WARRANTY RESILIENT WEDGE GATE VALVES American AVK Company warrants its Series 03, Series 18, Series 25, Series 45, Series 55, Series 65, and Series 66 Resilient Wedge Gate Valves to be free from defects in workmanship and materials for a period of ten (10) years from the date of shipment from American AVK Company. American AVK Company, shall have no obligation under this warranty unless it is notified of claims hereunder promptly and in writing upon discovery thereof and within the warranty period, and unless the product is delivered to the American AVK Company facility within thirty(30)days of such notice. American AVK shall have the right to inspect said product before it is removed from installation. If the product is removed from installation prior to approval from American AVK this warranty shall be void. As to motors, gearing or accessory equipment- purchased by American AVK Company from others manufacturers, and used or incorporated into American AVK Company's products, those manufacturers' warranties shall apply. American AVK Company will honor all reasonable costs to repair or replace any American AVK Company Check Valve found to be defective. American AVK Company's sole responsibility shall be, in its sole discretion, to replace the product with the same or a similar product, repair the product, or refund the price paid for the product provided the product has been properly applied and used under normal service and under conditions for which it is designed. American AVK Company shall not be liable for indirect, special, incidental, or consequential damage or penalties and does not assume any liability of purchase to others or to anyone for,injury to persons or property. THIS IS THE EXCLUSIVE WARRANTY GIVEN IN CONNECTION WITH THE SALE OF THIS PRODUCT. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY, OR ANY EXPRESSED OR IMPLIED WARRANTY OF SUITABILITY FOR ANY PARTICULAR PURPOSE, GIVEN BY AMERICAN AVK COMPANY IN CONNECTION WITH THIS PRODUCT. American AVK Company 2155 Meridian Blvd Tel: (775)552-1400 sales@avkus.com Minden, NV 89423 Fax: (775)552-1031 www.americanavk,com ... Al rl? se 00 � 0 E AGENDA MEMORANDUM NCORPORP11 Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting of February 13, 2018 DATE: January 30, 2018 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM(dr cctexas.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2Ca)cctexas.com (361) 826-3169 Continual Rental of One Komatsu Dozer for Solid Waste Operations CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to Service Agreement No. 52422 with Waukesha-Pearce Industries, LLC, of Dallas, Texas, for the rental of one Komatsu dozer for Solid Waste Operations for an additional six-month term, as required for public health and safety, for a not to exceed amount of$49,050 for a revised total agreement amount not to exceed of$91,525. PURPOSE: The purpose of this Agenda Item is to extend a rental contract for a dozer. BACKGROUND AND FINDINGS: The dozer has been utilized in a pilot program to use water treatment residual from O.N. Stevens Water Treatment Plant to blend with mulch to produce a product suitable for alternate daily cover material to be used at the Cefe F. Valenzuela Landfill. On November 28, 2017, the City received authorization from TCEQ to proceed with the program. The blending process to mix the residual and mulch kicked-off upon soon after. The original five month Agreement was approved by staff at a cost of$42,475. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to the City's purchasing policies and procedures and State statues regulating procurement. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year Current Year Future Years TOTALS 2017-2018 Budget $92,810.95 $0.00 $92,810.95 Encumbered / $43,760.95 $0.00 $43,760.95 Expended Amount This item $49,050.00 $0.00 $49,050.00 BALANCE $0.00 $0.00 $0.00 Fund(s): General Fund Comments: The continual rental cost of$49,050 is for six months of rental payments, which is funded in FY2017-18. RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Lease Agreement CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION KOMATSU DOZER CONTINUAL RENTAL SIX-MONTHS TERM Big Truck Rental Tampa, Florida ITEM DESCRIPTION UNIT EXTENDED QTY.1 UNIT PRICE PRICE 1 Komatsu, D65PX-17 6 1 EA $8,175 $49,050 Total Price: $49,050 0 `Pq Amendment Cot of Corpus Christi Y p - Purchasing Department Date: January 16, 2016 Service Agreement No.: 52422 ® Dozer Rental for Cefe Landfill Amendment No. 1 Service Agreement Current Value: $42,475 The CITY OF CORPUSCHRISTI, TE , hereinafter referred to as the City, and Waukesha-Pearce Industries, Inc. Corpus Christi, Texas, hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Service Agreement No. 52422 and all other duly executed Amendments, constitutes the entire agreement under the above-referenced Service Agreement between the City and the Contractor. I This Amendment modifies Section No. 2 - the Term of the Service Agreement to extend the term by six months, for a new term of 11 months. 1. Original Agreement Performance Dates ® 07/25/2017 ® 12/24/2017 2. Revised Agreement Performance Dates ® 07/25/2017 ® 06/24/2016 11 This Amendment modifies Section No. 3 ® Compensation and Payment of the Service Agreement to increase the agreement by an additional $49,050 for a revised total agreement amount not to exceed of $91,525. The Contractor and the City agree to and shall abide by all terms and conditions of the original Service Agreement and any Amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. 1 Cris Perez Date Maria Pedraza Date Waukesha-Pearce Industries, Inc. Procurement Manager Branch Manager City of Corpus Christi, Texas i gyvs cgA, o "fr l "`1882` AGENDA MEMORANDUM Public Hearing/First Reading (Tabled) for the City Council Meeting of January 23, 2018 Public Hearing/First Reading for the City Council Meeting of January 30, 2018 Second Reading for the City Council Meeting of February 13, 2018 DATE: December 22, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Public Hearing and First Reading for Property at 901 Airline Road CAPTION: Case No. 0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. Herndon, Jr.: A change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The property is described as being Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street. PURPOSE: The purpose of this item is to rezone the property to allow for the operation of a vehicle sales establishment. RECOMMENDATION: Planning Commission and Staff Recommendation (November 15, 2017) Denial of the change of zoning from the "ON" Neighborhood Office District and the "CN- 1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with 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 the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District to allow for the operation of a vehicle sales establishment. The proposed rezoning to "CG-2" General Commercial District is consistent with the adopted Future Land Use Map which calls for commercial uses. However, the proposed rezoning is inconsistent with PlanCC, the Southeast Area Development Plan, and past rezoning decisions. The proposed rezoning is also incompatible with neighboring properties and with the general character of the surrounding area. ALTERNATIVES: 1. Approve the request to the "CG-2" General Commercial District (Requires 3/4 vote) 2. 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 commercial uses. The proposed rezoning to "CG-2" General Commercial District is consistent with the adopted Future Land Use Map which calls for commercial uses. However, the proposed rezoning is inconsistent with PlanCC, the Southeast Area Development Plan, and past rezoning decisions. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinances Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), by changing the UDC Zoning Map in reference to the property described as Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("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, November 15, 2017, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions, and on Tuesday, January 30, 2018, 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 Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr ("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 Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street (the "Property"), from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit (Zoning Map No. 042037), 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 Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Sales" as described per the Unified Development Code (UDC). No on-site repair work of any type may be performed. 2. Auto Sales: The auto sales use is limited to no more than twenty-five (25) vehicles for sale at one time. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Speakers: Outside paging, speakers, telephone bells, or similar devices are prohibited. 5. Screening Fence: A standard screening fence with a height of not less than six (6) feet must be located and/or maintained along any property line shared with a residential use. The fence must be installed before a certificate of occupancy is issued. 6. Hours of Operation: The automobiles sales use may only operate between the hours of 8:00 a.m. and 8:00 p.m. 7. Landscaping: Landscaping must be provided in accordance with the vehicular use area requirements of the UDC. All landscape material must be kept in a healthy and growing condition at all times. All landscape material must be installed before a certificate of occupancy is issued. 8. Signage: No signs are to be installed on Dorthy Street except for the purposes of emergency or directional information. 9. Loading/Unloading/Parking: No loading or unloading of vehicles is allowed on a public street and must occur on-site. No parking is allowed at any time on Dorthy Street. 10.Access: Access to or from Dorthy Street is prohibited. 11.Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 12.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 13.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-01 Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr\Council Documents\Ordinance_0717-01_Special Permit_Alrich Enterprises,DBA Richard Sanchez Motors&Ben L.Herndon.docx Page 2 of 4 permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. 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 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-01 Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr\Council Documents\Ordinance_0717-01_Special Permit_Alrich Enterprises,DBA Richard Sanchez Motors&Ben L. Herndon.docx Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-01 Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr\Council Documents\Ordinance_0717-01_Special Permit_Alrich Enterprises,DBA Richard Sanchez Motors&Ben L.Herndon.docx Page 4 of 4 m 21 22 Q� 4 CN- 1 h a o t, w a 13 r m s 0 16 4 12" 10 94 " SUBJECT] m PROPERTY- 180 17 PROPERTY m h m m 18 6 O - 6 w R� s " _ RS- 6 ^ J� 3 20" v g N 2 - - 9" „ �7 11 CN- ;`15 10 ry 15 a " M19 CAl- HUGO DR m M CN- 1 M „ CIN, - 1 0 Qv O m Q CIN- 1 SH44fyOCK DR M a Date Created:7/6/2017 0 400 M 800 P.,repared By:JeremyM Feet Department of Deveiop'hrent Services 0 CASE: 0717-01 ZONING & NOTICE AREA e ,co<`ygF Fgyo,P RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial �\ `•� RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 ^x „ RM-AT Multifamily AT RS-6 Single-Family 6 """^^„„ CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 �,,, \,\• q� CN-2 Neighborhood Commercial RS-TF Two-Family �Fpq CR-1 Resort Commercial RS-15 Single-Family 15yo r CR-2 Resort Commercial RE Residential Estate <�,y\\ `�,, q'�Uc. CG-1 General Commercial RS-TH Townhouse CG-2 General CommercialAgan SUBJECT SP Special Permit Cl Intensive Commercial \• FSS_ CBD Downtown Commercial RV Recreational Vehicle Park PROPERTY RMH Manufactured Home CR-3 Resort CommercialH Historic N FIR Farm Rural BP Business Park y '� '” Oso a Subject Property O Owners ¢ \�`\\\ """'"'*� City Of 1 P Y w.w„„,,, with 200'buffer in favor COtpUS 4 Owners within 200'listed on v Owners LOCATION MAP LL. attached ownership table /�in opposition C11r1St1 Exhibit A Ordinance amending the Unified Development Code ("UDC"), upon application by Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("Owner"), by changing the UDC Zoning Map in reference to Koolside, Block 6, Lots 24 and 25 less portion to right- of-way and Lot 26, from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr. ("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, November 15, 2017, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions, and on Tuesday, January 30, 2018, 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 Alrich Enterprises Inc., D/B/A Richard Sanchez Motors and Ben L. Herndon, Jr ("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 Koolside, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street (the "Property"), from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District (Zoning Map No. 042037), 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\0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. Herndon,Jr\Council Documents\Ordinance_0717-01_Alrich Enterprises, DBA Richard Sanchez Motors&Ben L. Herndon.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 , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-01 Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. Herndon,Jr\Council Documents\Ordinance_0717-01_Alrich Enterprises, DBA Richard Sanchez Motors&Ben L. Herndon.docx Page 3 of 3 m 21 22 Q� 4 CN- 1 h a o t, w a 13 r m s 0 16 4 12" 10 94 " SUBJECT] m PROPERTY- 180 17 PROPERTY m h m m 18 6 O - 6 w R� s " _ RS- 6 ^ J� 3 20" v g N 2 - - 9" „ �7 11 CN- ;`15 10 ry 15 a " M19 CAl- HUGO DR m M CN- 1 M „ CIN, - 1 0 Qv O m Q CIN- 1 SH44fyOCK DR M a Date Created:7/6/2017 0 400 M 800 P.,repared By:JeremyM Feet Department of Deveiop'hrent Services 0 CASE: 0717-01 ZONING & NOTICE AREA e ,co<`ygF Fgyo,P RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial �\ `•� RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 ^x „ RM-AT Multifamily AT RS-6 Single-Family 6 """^^„„ CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 �,,, \,\• q� CN-2 Neighborhood Commercial RS-TF Two-Family �Fpq CR-1 Resort Commercial RS-15 Single-Family 15yo r CR-2 Resort Commercial RE Residential Estate <�,y\\ `�,, q'�Uc. CG-1 General Commercial RS-TH Townhouse CG-2 General CommercialAgan SUBJECT SP Special Permit Cl Intensive Commercial \• FSS_ CBD Downtown Commercial RV Recreational Vehicle Park PROPERTY RMH Manufactured Home CR-3 Resort CommercialH Historic N FIR Farm Rural BP Business Park y '� '” Oso a Subject Property O Owners ¢ \�`\\\ """'"'*� City Of 1 P Y w.w„„,,, with 200'buffer in favor COtpUS 4 Owners within 200'listed on v Owners LOCATION MAP LL. attached ownership table /�in opposition C11r1St1 Exhibit A r � i Zoning Case #0717-01 Public Hearing and First Reading for Property at 901 Airline Road City Council Presentation January 30, 2018 Subject Property at 901 Airline Road r 1 Vicinity Ma Y � � C rH 1 Close-up Aerial N' sir 111 yh ,7 Z 111111��f {1111)��vYir�7 � V�111i y ��l�// ��4dYW�%" 1q,��gr E l �11' 111111"v y�)�,��a,,,,,a�7���9 �77 �7�1,�9,,1�7,� �VyV��1,,I�,I�V (I i11111����111111,Yi1111111�l1����111� UPJ �. � ��, � IIIIrv,V i D v �j 3111111111�� U � � �,41 ll��llllkil1ld 9 r i `i/� �l��i `��ni�l p I �� � p itis i�i710,VUUV1iliiV1ili1if ,� :u \ \ Zoning Pattern y�« \/ \\ hl10 �1 IV � 4 Proposed Site Plan I I (..Ci 2 r Ex �'i \ C 1Atl� wt`...5'.SCREENNG",MICE � \ 24 iwyrwume uwnw:.,�amar —a,M1 mi mJTK FI#!lCT f 7 Planning Commission and Staff Recommendation 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Sales" as described per the Unified Development Code (UDC). No on-site repair work of any type may be performed. 2. Auto Sales: The auto sales use is limited to no more than twenty-five (25) vehicles for sale at one time. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Speakers: Outside paging, speakers, telephone bells, or similar devices are prohibited. 6 Planning Commission and Staff Recommendation 5. Screening Fence:A standard screening fence with a height of not less than six (6) feet must be located and/or maintained along any property line shared with a residential use. The fence must be installed before a certificate of occupancy is issued. 6. Hours of Operation: The automobiles sales use may only operate between the hours of 8:00 a.m. and 8:00 p.m. 7. Landscaping: Landscaping must be provided in accordance with the vehicular use area requirements of the UDC.All landscape material must be kept in a healthy and growing condition at all times.All landscape material must be installed before a certificate of occupancy is issued. 8. Signage: No signs are to be installed on Dorthy Street except for the purposes of emergency or directional information. 7 , Planning Commission and Staff Recommendation 9. Loading/Unloading/Parking: No loading or unloading of vehicles is allowed on a public street and must occur on-site. No parking is allowed at any time on Dorthy Street. 10. Access: Access to or from Dorthy Street is prohibited. 11. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 12. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 13. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. w=� 7 ^ Planning Commission and Staff Recommendation Denial of the change of zoning to the "CG-2" General Commercial District in lieu thereof Approval of the "CN-1 " Neighborhood Commercial District with a Special Permit (SP) with conditions Code Enforcement History n fill nercati3, o-L—tl l(aa� C.Dt—t.,,(0) 1 1,,y rasp e��earq s�AP,Sl e55.Re +Edd- [APn^C aReYu�„ aoPAn�e,,�ez,` Development Services IIIIIIIIIIIII n � I� IIV Notified: ,zah Se „z 12/20/16 Z a 7 A” tDun aP lz/Z! ZlI.Z ^�« hY a p ura EHATTLE 1st Visit with ,,;k —SHOTz APTasa�Es ell, P Development Services: M1' k a� a 12/22/16 a _ -L FOR H R.Ro D7 E H aa,a RES h,a ve ,P�eee n del u NZIkM 5 .J a[z 1.Dun a, l/2a, IaA3j1LISD [onpe[e ] 1aN„GeRR 14CMEZ 4lM Sio o4�N iME P-1, fOCPe' PR Early Assistance Meeting: k" ��a,EHI,N ap,,a„oN IS-1 E,o - H � Ma; ��ne 3S1612017 Faye 3„6) ”""�� 3/16/17 (su no.�) JasM1n9[an i by zeq A latl � e� Mai ce r`I. +P c� A[h d +I IS I 1, _ mn a¢ Ji hili � I I ryy l.,0 UDC Requirements ,��„ (,;j" pail"" •a. uuu'I SII��� ;- , Noise: 7 foot wall if applicable as perUDC 7.9.8 IW � Setbacks: Street: 20 feet Parking: 1:500 Sf. Gross Floor Area 5 , I No ADA Spaces On-Site Uses Allowed: Retail, Offices, Apartments, P V Hotels, Restaurants, Storage, Bars, and Nightclubs XUGOOR Non-Conforming: Dumpsters, Lighting, Landscaping, Gates/Stacking, and Fill a� III VIII m� s"AbROKo No Certificate of Occupancy / R 1..l. PLANNING COMMISSION FINAL REPORT Case No. 0717-01 INFOR No. 17ZN1011 Planning Commission Hearing Date: November 15, 2017 Owner: Alrich Enterprises Inc., DBA Richard Sanchez Motors and Ben L. = Herndon, Jr. Applicant/Representative: Richard Sanchez Motors J 'C: Location Address: 901 Airline Road 5.06 o6 ch Legal Description: Koolside, Block 6, Lots 24 and 25 less portion to right-of- G way and Lot 26, located at the intersection of Airline Road and Gollihar Road, north of McArdle Road and south of South Alameda Street. From: "ON" Neighborhood Office District and the "CN-1" Neighborhood y Commercial District _ To: "CG-2" General Commercial District NCr Area: 0.54 acres Purpose of Request: To allow for the operation of a vehicle sales establishment. Existing Zoning District Existing Land Future Land Use "ON" Neighborhood Office Vacant and Site and "CN-1" Neighborhood Commercial Commercial Commercial "CN-1" Neighborhood _ North Commercial Commercial Commercial c y "CN-1" Neighborhood C South Commercial Commercial Commercial N c J Drainage, Government and East "RS-6" Single-Family 6 Public/Semi- Permanent Open X Public, and Park Space W Low Density Residential, Commercial and West "ON" Neighborhood Office Professional Medium Density Office, Residential and Vacant Area Development Plan: The subject property is located within the boundaries cof the Southeast Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG-2" General Commercial District is consistent with the adopted Future Land Use Map which calls for commercial uses. 0 > However, the proposed rezoning is inconsistent with PlanCC, the Southeast 06 Area Development Plan, and past rezoning decisions. 0. Map No.: 042037 2 Zoning Violations: Case V078127-122016. The vehicle sales establishment o is an unpermitted use in the "CN-1" Neighborhood Commercial District and has Q not ceased operation despite notification by code enforcement on 12/21/16 and citation on 3/13/17. Staff Report Page 2 c Transportation and Circulation: The subject property has approximately 126 feet of street frontage along Airline Road which is designated as an "Al" Minor c Arterial Undivided Street, approximately 211 feet of street frontage along _- Gollihar Road which is designated as an "C3" Primary Collector Street, and N = approximately 65 feet of street frontage along Dorthy Street which is ca designated as an Local/Residential Street. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type 95' ROW 90' ROW 26,274 O Airline Road "A1" Minor Arterial 64' paved 64' paved ADT (2013) i75' ROW 80' ROW 10 765 Gollihar Road "C3" Primary Collector50' paved 47' paved ADT (2015) Dorthy Street Local/Residential 50' ROW 48' ROW N/A 28' paved 26' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "ON" Neighborhood Office District and the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District to allow for the continued operation of a vehicle sales establishment. Development Plan: The subject property is comprised of 0.54 acres and has been operating illegally as a vehicle sales establishment. Existing Land Uses & Zoning: The subject property is currently "ON" Neighborhood Office District and "CN-1" Neighborhood Commercial District and is a vacant lot and a former retail establishment (Tropical Shade and Shutter). To the north are retail, restaurants, and single-family residences. To the east are single-family residences, Cullen drainage ditch, park land, and fire station 11. To the south are retail services along Airline Road and single-family residences along Dorthy Street. To the west are professional offices. 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. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "CG-2" General Commercial is consistent with the Future Land Use Map. However, the proposed rezoning is inconsistent with the following policies of the Southeast ADP and PlanCC: Staff Report Page 3 • 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 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). • Encourage a well-integrated development plan that protects existing residential neighborhoods when conversion of residential use to higher intensity use occurs; (Policy Statement f.). • In Table 1, Future Land Use Suitability, the "most suitable land use" column indicates those land uses least likely to cause negative impacts to the surrounding area and which most directly benefit the public health, safety, and welfare of the community. Uses described as "also acceptable" might be permissible, but they are likely to be negatively affected by the most suitable use or surrounding uses unless steps are taken to buffer negative impacts. Steps should be taken to prevent negative impacts and promote sensitive design (Policy Statement B.12). • Much of the area along Airline Road between South Padre Island Drive (SPID) and South Staples Street is transitioning from residential, office, and neighborhood commercial use to a more intensive commercial use. As this transition occurs the City will encourage the most intensive nodes of commercial development at the intersection of SPID and Staples Street. Between these high intensity nodes of commercial development the City will encourage a transition to a combination of unrestricted neighborhood commercial uses and some limited general commercial uses (Policy Statement B.12). Department Comments: • The proposed rezoning is incompatible with PlanCC and the Southeast Area Development Plan. The proposed rezoning is also incompatible with neighboring properties and with the general character of the surrounding area. • The "CG-2" District opens the possibility of more intense commercial uses such as Mini-Storage, Bars, and Night Clubs adjacent to single-family residences. • No "CG-2" General Commercial District properties exist on Airline Road between South Alameda Street and McArdle Road. • Several rezonings have occurred along this portion of Airline Road since 1974. No rezonings have been granted for the "CG-2" General Commercial District. • Three Special Permits (SPs) have been granted along Airline Road between South Alameda Street and McArdle Road. The first in 1987 for the Crossroads Shopping Center (Catfish Charlie's). The second in 2001 for House of Cars which limits the number of cars that can be sold (11 cars). The third in 2004 is for Airline Motors which limits the number of cars that can be sold (14 cars). Currently, both Special Permits for vehicle sales are in nonconformance at last check on Friday, July 14, 2017. House of Cars has 14 vehicles posted for sale and Airline Motors has 24 vehicles for sale. Mr. Sanchez's unpermitted vehicle sales establishment (Sanchez Motors) has 32 vehicles posted for sale. Staff Report Page 4 • Despite the notification by the City's Code Enforcement Department, Sanchez Motors has continued to operate with several non-conformities with the Unified Development Code (UDC) and without a Certificate of Occupancy. Planning Commission and Staff Recommendation (November 15, 2017)- Denial 5, 2017):Denial of the change of zoning from the "ON" Neighborhood Office District and the "CN- 1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Sales" as described per the Unified Development Code (UDC). No on-site repair work of any type may be performed. 2. Auto Sales: The auto sales use is limited to no more than twenty-five (25) vehicles for sale at one time. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Speakers: Outside paging, speakers, telephone bells, or similar devices are prohibited. 5. Screening Fence: A standard screening fence with a height of not less than six (6) feet must be located and/or maintained along any property line shared with a residential use. The fence must be installed before a certificate of occupancy is issued. 6. Hours of Operation: The automobiles sales use may only operate between the hours of 8:00 a.m. and 8:00 p.m. 7. Landscaping: Landscaping must be provided in accordance with the vehicular use area requirements of the UDC. All landscape material must be kept in a healthy and growing condition at all times. All landscape material must be installed before a certificate of occupancy is issued. 8. Signage: No signs are to be installed on Dorthy Street except for the purposes of emergency or directional information. 9. Loading/Unloading/Parking: No loading or unloading of vehicles is allowed on a public street and must occur on-site. No parking is allowed at any time on Dorthy Street. 10.Access: Access to or from Dorthy Street is prohibited. Staff Report Page 5 11.Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 12.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 13.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Number of Notices Mailed — 20 within 200-foot notification area = 5 outside notification area 0 As of October 13, 2017: a= In Favor — 1 inside notification area o — 0 outside notification area Z In Opposition — 1 inside notification area CL — 0 outside notification area Totaling 1.43% 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\0717-01 Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr\PC Documents\Staff Report_0717-01_Alrich Enterprises Inc.,DBA Richard Sanchez Motors and Ben L.Herndon,Jr.docx m 21 22 Q� 4 CN- 1 h a o t, w a 13 r m s 0 16 4 12" 10 94 " SUBJECT] m PROPERTY- 180 17 PROPERTY m h m m 18 6 O - 6 w R� s " _ RS- 6 ^ J� 3 20" v g N 2 - - 9" „ �7 11 CN- ;`15 10 ry 15 a " M19 CAl- HUGO DR m M CN- 1 M „ CIN, - 1 0 Qv O m Q CIN- 1 SH44fyOCK DR M a Date Created:7/6/2017 0 400 M 800 P.,repared By:JeremyM Feet Department of Deveiop'hrent Services 0 CASE: 0717-01 ZONING & NOTICE AREA e ,co<`ygF Fgyo,P RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial �\ `•� RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 ^x „ RM-AT Multifamily AT RS-6 Single-Family 6 """^^„„ CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 �,,, \,\• q� CN-2 Neighborhood Commercial RS-TF Two-Family �Fpq CR-1 Resort Commercial RS-15 Single-Family 15yo r CR-2 Resort Commercial RE Residential Estate <�,y\\ `�,, q'�Uc. CG-1 General Commercial RS-TH Townhouse CG-2 General CommercialAgan SUBJECT SP Special Permit Cl Intensive Commercial \• FSS_ CBD Downtown Commercial RV Recreational Vehicle Park PROPERTY RMH Manufactured Home CR-3 Resort CommercialH Historic N FIR Farm Rural BP Business Park y '� '” Oso a Subject Property O Owners ¢ \�`\\\ """'"'*� City Of 1 P Y w.w„„,,, with 200'buffer in favor COtpUS 4 Owners within 200'listed on v Owners LOCATION MAP LL. attached ownership table /�in opposition C11r1St1 Persons with disabilities planning attend this meeting, who may require spy% iI services, are , Aed„ryt ”contact- the n �nt to contact the Development Services Department at least 48 hours in advance at (361)826-3240. Personas con incapacidades, clue ienen lay intencian de„a1 :o 48 horas antes de la iunta Ilamando al denartamento de servicios de desarrollo, al numero (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 dirigirse a la commission durante la junta v su ingles es limitado, favor de Ilamar al d rtamenq de servicios de dl rr it al n'm ro 61 26-324 I menos 48 horas antes de la junla pAra solicitar un interarete ser nresente durante la junta. CITY PLANNINGCOMMISSION PUBLIClNOTICE Rezoning ase No. 0717-01 Allrich Enterprises Inc., Q/B/A RichardSanchez Motors and Ben L. Herndon Jr. has petitioned the City of Corpus Christi to consider a change of zoning from the "ON” Neighborhood Office District and the "CN-111" Neighborhood Commercial District to the " -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: oolie, Block 6, Lots 24 and 25 less portion to right-of-way and Lot 2 , located at the intersection of Airline Road and Goillhar Road, north of McArdle Road and south of South Alameda Street. 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 26, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p. ., 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 PRDPE"RTY OWNERS)-AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P, 0, BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance--with Planning Gommission y-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: „TM w ' Address: � � � rLz- X. City/State: Ine.R P&r O1 ef'17'11__ IN FAVOR ( } IN OPPOSITION Phone: .aro Z- 76 S-- r/3 '"' REASON: n Y S " . y ell Signature SEE GAAP ON REVERSE SIDE Case No.0717-01 INFOR Case No.� 172 1011 Project Manager Andrew Dimas Property Owner I M 5 Email:AndrewD2@cctexas.com l�l l4 llu��llll ill {li i�l U E �,>fofr111! II e'",A�fl e U f q e1 1"Il rch a '^ IJl Y ��Ilw �Po l 1 )rcf�`I V ��If�11 1 i r'nniuuuuunuui1110iicm�m'AM,rii . .....ii...........i ' mO1�NNGik�WgCi,'rimmmm✓�uUri�ror b)�fIm" �mrum: rm��A rirrrrrrrrrrlririrrrrrrrrrrr City of Corpus Christi i ir�°��ppabanlul��lrpZI 7,14,'1I(V 2 Development Services Dept. 02 �^ S'1)00.46­ 0, ) 04 ­(ID , 113 0 a fl 1, 11.,. 14 ,"01-', P.U. Box 9277 Corpus ris i,Texas 78469 5 400200060220 HAXTON GARY W AND IRIS S 734 Burkshire Dr Corpus Christi,TX 78412 M , CN-4 I �.. �« aw n+ i1i),1 i—Ij i IhI r; up 31 flY e� r p t rJ - PROPERTY", ._. Po w I �I N_ t CNN HU 0 DR CH_ �� �� 11 I •p. F I I 0 r 6 C I ,... _. " _P /////PIIS!"////////// ^PIPIIIIIIIIIIIII .NIJ fWIR�/.Vdrd"/I'pUld.'�wpMi + �_ I, AWPo YtLIW IbYkfa"AbWWNahI'NR°. .�mmvw Alq, w CASE'OWN 0717 SUBJECT PROPERTYWITH ITH 'ONII gpe"), XVII,% plgA W%UWp%kI U � UNm UI II�611�ux�cear0.a lUall� .nn, ...... f^'� � � I iWINWR NA&dlly6fl' IIU Ik �Powrt �P� PI UWP pIIW IAI%tN�� k IW0.PUY IIA NM1PvnMI Ilmmm..Rl uum'mq J M4fld IMMeNml MduwMMI LNPPdk 11 114,E fl19 WNW F.wv 110 IP'aRm yoJ � "'� ria• yr- m'uu n ua�urm�nwm�'wmm m r u mlm tt&qfu unwro �tl'W �'� cul h',°j �" r„Pu'M un lup slm roawwra lc P¢ ulr 1m Ta-ll:nlmm+gyp . 1A,SUBJECT cm a WWW a fl� 6 r Ir ,vp 7k, N11 PROPI CIW7 IWronwMW IX',.aNUdo WnI0.U:ptl Ifltlff IW IP nhII�QVI[mmw r� I`r q ICma v,C IIA Ilill:b llUX URrUI II dl�uumw ' IG ""A WWII H d"IArmm ImW WIPoII AM1II WIWWAIIW-IU'U NPoP71 p Ilpml Pm,rWmmaa ull Id'M . d"auW 0.'ll��n Wwmm H`m a �d .Ip ICUN p IUlmnuA fa4mm u X aWll.mll - IIVIII&P� Il On duuWwn%d4vuWlW dMo.. J� w:iy Po':wlµ m carpuIs uuaImwnlr,uWwwwmi� ... LOCATION MAP, -n r1l m Cl :3. 0 r1i > J (D cn in 0. Z C) 0 C) r b CD Z 3 (D -4 Z cn rr, 's CD 0 LA z LA VP LA -0 0 Er c m m CL CD 0 pj n M LP (PD> r=L co P x :E C) a) o -4 Zn SC o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of January 30, 2018 1852 Action Item for the City Council Meeting of February 13, 2018 DATE: January 12, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com 886-2604 Appropriating $14,439.73 from the Radio System Capital Replacement Reserve Fund to pay for repairs to the radio transmission towers CAPTION: Ordinance appropriating $14,439.73 from Radio System Capital Replacement Reserve Fund for repairs to radio tower site transmission lines; amending FY18 operating budget PURPOSE: The capital replacement funds must be appropriated in order to be used. BACKGROUND AND FINDINGS: The funds appropriated will be used to replace transmission line on radio transmitter sites which recently failed due to water damage from Hurricane Harvey. The project is included in the request for FEMA reimbursement. The radio system capital replacement fund was established by the interlocal agreement between the City, RTA, and Nueces County. It calls for any sums received for capital contributions by governmental entities participating in the radio system shall be held in an account by the City designated as the Radio System Capital Replacement Reserve. Each governmental entity coming onto the system is required to pay a fee of$562.50 for each radio added, and this sum is deposited into this special fund. It is only used for emergency repairs or needed upgrades. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017 - Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget $50,969.98 $50,969.98 Encumbered / Expended Amount This item $14,439.73 $14,439.73 BALANCE $36,530.25 $36,530.25 Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $14,439.73 from Radio System Capital Replacement Reserve Fund for repairs to radio tower site transmission lines; amending FY18 operating budget BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That $14,439.73 from the Radio System Capital Replacement Reserve Fund is appropriated to pay for repairs to radio tower sites damaged by Hurricane Harvey which serves the City, County, and RTA radio systems. SECTION 2. The FY 2017-2018 operating budget adopted by Ordinance No. 031255 is amended by increasing expenditures by $14,439.73. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SC v AGENDA MEMORANDUM /rygORPOBPIEO First Reading for the City Council Meeting of January 16, 2018 1852 Second Reading for the City Council Meeting of January 23, 2018 DATE: October 23, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3268 Closing of a utility easement located at 4002 and 4018 South Padre Island Drive CAPTION: Ordinance abandoning and vacating 0.0446 acre of an existing utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive and requiring the owner, Weber Dorado Partners, LLC., to comply with the specified conditions. PURPOSE: The purpose of this ordinance is to eliminate a portion of an utility easement to allow for Weber Dorado Partners, LLC. to build on the area the easement presently occupies. BACKGROUND AND FINDINGS: Weber Dorado Partners, LLC. (Owner) is requesting the abandonment and vacation of a 0.0446 acre utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive. This abandonment and vacation of the utility easement is being requested by the owner for new construction. The existing utility easement contains a wastewater main that shall be relocated by the applicant. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-13. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x Not applicable Project to Date Fiscal Year: Expenditures Future 2017-2018 (CIP only) Current Year Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The Maintenance responsibilities for the vacated easement reverts to Weber Dorado Partners, LLC. (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Power Point Presentation Ordinance abandoning and vacating 0.0446 acre of an existing utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive and requiring the owner, Weber Dorado Partners, LLC., to comply with the specified conditions. WHEREAS, Weber Dorado Partners, LLC. (Owner) is requesting the abandonment and vacation of 0.0446 acre of an existing utility easement out of Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.0446 acre of an existing utility easement, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request Weber Dorado Partners, LLC. (Owner), a 0.0446 acre of an existing utility easement out Geo J. Merriman Subdivision, Lots 1-A and 4-A, located at 4002 and 4018 South Padre Island Drive, as recorded in Volume 57, Page 6 of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit 'A" which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, and "Exhibit C", which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City b. The existing utility easement contains a wastewater main that shall be relocated by the applicant. c. The maintenance responsibilities for the vacated easement reverts to Weber Dorado Partners, LLC. (Owner). d. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor STATE OF TEXAS NUECES COUNTY EXHIBIT"A" Field Note Description for a 0.0446 acre lease(1,943 Square Feet),out of Lot 1-A,George J. Merriman Subdivision,as recorded in Volume 57, Page 6, Map Records of Nueces County,Texas(M.R.N.C.T.), and conveyed to Eddie Yaklin in Document No.#20030625,Official Public Records of Nueces County,Texas (O.P.R.N.C.T.),and Lot 4-A,of the said George J. Merriman Subdivision,as conveyed to Eddie Yaklin in Document No.#2006066859,O.P.R.N.C.T.,the said 0.0446 acre lease(1,943 Square Feet) being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with red plastic cap stamped "URBAN"found on the south Right- of-Way(R.O.W.) line of Delphine Street(50 foot R.O.W.),as recorded in the said Merriman Subdivision, same point being the east corner of A CALLED 0.941 acres out of Lot 4-A of the said George J. Merriman Subdivision,as conveyed to Eddie Yaklin in Document No. #2006066859,O.P.R.N.C.T. and the north corner of the said A CALLED 1.017 acre tract out of Lot 4-A as conveyed to Tinker Belle Trombley in Document No.#2015020962,O.P.R.N.C.T.,from which the"POINT OF BEGINNING"bears South 28°43'42"West,30.00 feet and North 61°16'18"West,55.78 feet to the"POINT OF BEGINNING"of the herein described 0.0446 acre utility easement closure; THENCE North 61°16'18"West,continuing across the said Lot 4-A a distance of 74.32 feet to a point for an interior corner of the said 0.0446 acre utility easement closure; THENCE South 28°42'59"West,continuing across the said Lot 4-A,George J. Merriman Subdivision a distance of 110.00 feet to a point for an interior corner of the herein described 0.0446 acre utility easement closure; THENCE North 61°17'01"West,continuing across the said Lot 4-A,George J. Merriman Subdivision,at 5 feet departing the said Lot 4-A, and crossing into the said Lot 1-A,in all a distance of 10.00 feet to a point for a corner of the herein described 0.0446 acre utility easement closure; THENCE North 28°42'59" East,continuing across the said Lot 1-A,George J. Merriman Subdivision a distance of 120.00 feet to a point for a corner of the herein described 0.0446 acre utility easement closure,- THENCE losure;THENCE South 61°16'18" East,continuing across the said Lot 1-A,George J. Merriman Subdivision at 5 feet departing Lot 1-A,and crossing into Lot 4-A,in all distance of 84.32 feet to a point for a corner of the herein described 0.0446 acre utility easement closure; THENCE South 28°43'42"West,continuing across the said Lot 4-A,George J. Merriman Subdivision a distance of 10.00 feet to the"POINT OF BEGINNING"and containing within these metes& bounds 0.0446 acre lease(1,943 Square Feet),of land, more or less. (All bearings are based on The Texas Coordinate System,South Zone 4205, NAD83). I hereby certify that the foregoing legal description was prepared from survey performed on the ground under my supervision and it correctly represents the facts found at the time of the survey,on this the 14th day of September,2017. Xi(vier Sandoval ( Registered Professional Land Surveyor • ." ,, License No. 5886 State of Texas +5.4 r 4F � o y'a. Spf, ryy. �� dr N " \\\ M sqN q<(fy // \\\ \\ \ 4 \F�p/Y/7y �/CNp r�J Rk -7' /oocunEN P.R N.coozooe,e. P4 LOT 1-A / (1.35 ACRES) �� (58,822 SQ.FT.) / �„ o .J2, \10.00\ \\ E EA, \ \\ \\\ N 61'17'01"W \\ \\ / c / 10.00' LOT 4-A \\\ 1.95 ACRES) \\\ \ V / KUN uoc.No.[memmroV (85,270 SQ.FT.) vv v EOOIE rA GLLACRES, ENTLOi I-A,J.C."P.R.I C.T., \ \ \UL 57$PC.6,P.R.N.CR.., > CDC.NO.#200]082580,O.P.R.N.C.T. / \ EOOIE'—N / y \ GLLfO 0.941 ACRES OUT OF \ / \ \ AL LOT 4-A,J.C.MFRRIMPN SUBO., / \ VOL 578,P0.8,P.R.N.C.T., \ \ DOC.NO.#2006066859,O.P.R.N.C.T. / \ \\ TINKER BELLE TRON— \\ C_D 1I 011J�AtlEE9 OUT OF / LOT 4-A,J.C.MERRIMAN SUBO., / \ \ WL 578,PC.Q P.R.N.C.T., \ \ C.NO.12015020962,O.P.R.N.C.T. / / t 0 60 120 180 \ t�.0F. 7e 1 = 60 �P 0,ildiEp"'d:9 h.. N XAVIER SANDOVAL .......................... 5886 p; /TERED suo REG PROFESSIONAL LAND SURVEYOR LICENSE NO. 5886, STATE OF TEXAS I, XAVIER SANDOVAL, REGISTERED PROFESSIONAL LAND SURVEYOR OF TEXAS, DO HEREBY CERTIFY NOTES: THAT THIS PLAT REPRESENTS AN ON THE GROUND • GRID BEARINGS ARE REFERENCED TO THE TEXAS SURVEY, PERFORMED UNDER MY SUPERVISION COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. THIS THE 15TH DAY OF SEPTEMBER, 2017. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. UTILITY EASEMENT CLOSURE, • O.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS OF NUECES 0.0446 ACRES, (1,943 SQ. FEET), COUNTY, TEXAS. OUT OF LOT 1A & LOT 4A, GEO J. MERRIMAN SUBDIVISION, • M.R.N.C.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. VOLUME 57, PAGE 6, M.P.R.N.C.T. • = DENOTES PROPERTY LINE. DRAWN DATE A T T S ALL RIGHTS RESERVED © UCC1-2.7. XDS09i11hiol! X 1, 11■ APPROVED DATE 11I�G Sl)9 09;15b'01; S�11LVE livPING SCALE PROJECT NO XD5 5UKVEY1NG E MA-PING,EC. PHONE: 210.716.7169 111-60' 110913 avierd sa nd o val@g-11,cpm FIRM KEGISKATION 10 194 170 0 o v Q ark Z � �oS �� z S z Q o O �� o�� z w�� rw00 q �/N o Evelyn Price �Ey �� O Ci o Park a 0 m o Sy o S OS �� ��R�CSO ��� s°�� Oma�� O Lincoln Z v S Z PROJECT SITE Park z OZ LOCATION Q CO 500 00oa o alreS rkyy� //vv v� wC p OST OST Q NI00 SSN BR OS ���� Kingston e� tiyT Ti0 S Para I kPla rk T �S ark CkpROO�ONy 'Z MEROS/C � �o ASO /ko�;b po � y0 q SON NO R N� y E r � 0Cly �N y 4 A OONPC0 �� � 'y S S k F S R00� CSO NB SOS MONSF 0 z 0 TNS S�0 ASO �SY S0� Ck FURY ¢4 TORR o QS SV Ston g tSS� �gT� yST C oo COVEN O�TjS COBB�ES�Ry SOn„ 0 1000 2000 3000 1" = 1000' NOTES: • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. LOCATION MAP OF UTILITY EASEMENT CLOSURE • O.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS OF NUECES 0.0446 ACRES, (1,943 SQ. FEET), COUNTY, TEXAS. OUT of LOT 1-A & LOT 4-A, GEO J. MERRIMAN SUBDIVISION, • M.R.N.C.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. VOLUME 57, PAGE 6, M.P.R.N.C.T. • = DENOTES PROPERTY LINE. DRAWN DATE A © T T S ALL RIGHTS RESERVED UCC1-2J. XDS 09i14h?ol'! Lx1 1I1 APPROVED DATE SUR TE, 1 Sl)S 09'1.51 1011 E, MAPPING SCALE PROJECT NO xo5 5UKVEY1NG VA-PING,EC. PHONE: 210.716.7169 170913 xa —j sa nd oval@gmaiLcom FIRM REGISKATION 10194170 • V e S� • i i Easement Closure for Geo J. Merriman Subdivision, Lots 1-A & 4-A City Council Presentation January 30, 2018 m . . f Aerial Overview // i lv r l ria W r it o r f '/� y hhr�A�l�t �l�af,I�rJrJ<rJ " Irt tt t �` J r f7 r � �l / J � �I y�lr����i�tptlft{Ct rPr;�nik!/r)1!r r619 tNfi}}r��rlkaa //, + tdr /� / r�l�ll+�7�� l�t is �rlr�ifitl tr}rl�r��j a/r '1/�JJ�/r�rt�ir�yYu���l Y ltd• , �G` ®®®®®®®®®®®_ ii I't'9C��lff I}'/(�,jj7JE'tf`t��IIJ�J` �IF�I,jJ�ti f�l rl�l tt�ri li�� IyU/�J� �ajY �Vr � r, i�'.t��F tai rU� ��,r�>.�41 rfif,r t4 r✓l��r.1��,. Jttt lit€1€1 r,iJi�r�r uuuuuuuuuuum „ i c 1 t� 1 EL ,,�I „; ter ,t r o�tYv� ✓�/� IIIIIVIIIII� � r f Yi�tl��'i�S rr1 E�rlgh�}tr;��}li rN1�'rr�'����9�f�k ��r t}✓f�t I 1 tri .... a, of�YY �>✓J�i lY >�� IC rt✓i'�rl�T i'IiyPlr lli tY ol��f���Il �i/ d „ ;�/. v rJrl u� >trf��iji of rJl�� tls r ,d Fri r ( Jar Y Y r t {r t FY Jl/'} 7 l��t a �1� °�r�r��fllhP�lat�4f a1�IJ � IdVI� hi �%l P}/at l r �%ii �Jap�✓�, rl t r,�� J1'�����JaI�I a'`�f t ���/o r�IKil � nl r YY M`r 8 � 1 ��� �' �r�a�a��rl ltil J)�//I�f��14 J1}�✓�ifl JYJr // �// }.` I' d G Dr r r �IX Vicinity Map , r V V it!���a�, .Rd�r �'J�^✓�,r,.,!^✓r i�P Vr�,�.�"i�P�(i��,�.�" � it ,r; ��r R�p yf,�.r�,�� �,P�t����r��� J{�n:,,, 'if����.�, a �� ����9i q.� ' �E ........... ..............................ME I � ... � "i„�� ,,,,r�'�°!r.' d� ��"�,�� r��"i���i,;,,.�+lr �r � . , � j� �r ,�'�",,,,r✓ ,6+,{i,�4�, I �” t Iry I � I i p k ! G IIIIIIIII��� �„s �!��?1� ���� it�����"� I�.�f'������j����� � i.1.� .. iii�•��� l p �l� ��,��� i, f �,_ '� I / s Staff Recommendations 4 7 �y Staff recommends: • Approval of the proposed Easement Closure. se �' as 0 AGENDA MEMORANDUM v First Reading (Tabled) for the City Council Meeting of January 16, 2018 /pCOFPOppj Ep First Reading for the City Council Meeting of January 23, 2018 1852 Second Reading for the City Council Meeting of January 30, 2018 DATE: December 28, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services BiIIG@cctexas.com (361) 826-3276 Approval of agreement and appropriating funds for AEL Development, LLC, for the Wastewater Collection Line Extension Construction and Reimbursement Agreement CAPTION: Ordinance authorizing City Manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with AEL Development, LLC. ("Developer"), for the construction of a sanitary sewer collection line and appropriating $52,514.90 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: AEL Development, LLC, is required to install 204 linear feet of 12-inch wastewater collection line extension in order to provide adequate wastewater service to a proposed residential subdivision development. The subdivision is located north of Yorktown Boulevard and east of Airline Road. BACKGROUND AND FINDINGS: Per UDC Section 8.5.2.E.2 Credits and Reimbursements, AEL Development, LLC, is requesting a Reimbursement Agreement for the development of 24.655 acre tract of land, more or less, a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Airline Estates as shown on the final plat. The development requires the extension of 204 linear feet of 12-inch wastewater collection line in order to provide adequate wastewater service to the property. A layout of existing and proposed improvements is included as Exhibit 3. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending wastewater to serve the proposed residential development and has requested a Reimbursement Agreement, in accordance with UDC Section 8.5.2.E.2 Credits and Reimbursements. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Project to Date Fiscal Year: 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,162,581.91 Encumbered / Expended $14,724.00 Amount This item $52,514.90 BALANCE $1,095,343.01 Fund(s): Sanitary Sewer Collection Line Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance with exhibits Presentation Ordinance authorizing City Manager or designee to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with AEL Development, LLC. ("Developer"), for the construction of a sanitary sewer collection line and appropriating $52,514.90 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a sanitary sewer collection line construction and reimbursement agreement ("Agreement"), attached hereto, with AEL Development, LLC. ("Developer"), for the extension of a 12-inch sanitary sewer collection line, including all related appurtenances, for the development of a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Airline Estates, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $52,514.90 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for the construction of the sanitary sewer collection line improvements in accordance with the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and AEL Development, LLC, ("Developer/Owner"), a Texas Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on April 05, 2018 to develop a tract of land, to wit: 24.655 acre tract of land, more or less, a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Airline Estates, located at Yorktown Boulevard at Airline Road, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of a portion of the Developer/Owner's costs for the construction of the Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install 204 linear feet 12-inch PVC pipe; Page 1 of 8 2. Dewatering for 12-inch pipe (204 linear feet); 3. Install one (1) fiberglass manhole; 4. Casing Pipe Bored in place 20-inch (80 linear feet); 5. Traffic control and barricading plan and permitting; 6. 1337 linear feet of oversize over depth (10-inch pipe to 12-inch pipe); b. The Wastewater Extension begins at the proposed sanitary sewer manhole by others as part of Rodd Field Road reconstruction project, thence along a route adjacent to the Channel 31 Drainage Ditch in a 15' UE to serve land adjacent to and southeast of the subject site (Proposed Airline Estates) , to extend approximately 204 linear feet and available for future extension. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by January 16, 2019. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer Page 2 of 8 by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before January 16, 2019. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. Page 3 of 8 f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: AEL Development, LLC 483 Saratoga Blvd., PMB 42 Corpus Christi, Texas 78413 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. Page 4 of 8 c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Extension up to an amount not to exceed $52,514.90 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement Exhibit 5. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT Page 5 of 8 TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: 24.655 acre tract of land, more or less, a portion of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Airline Estates, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 6. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of 120 Page 6 of 8 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta William J. Green, P.E. City Secretary Interim Director of Development Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2018. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by William J. Green, P.E., Interim Director of Development Services, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2018. Notary Public, State Of Texas APPROVED AS TO FORM: 12018. Buck Brice, Assistant City Attorney For the City Attorney Page 7 of 8 OWNER: AEL Development, LLC. By: Hamed Mostaghasi, General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on , 20187 by Hamed Mostaghasi, General Partner, AEL Development, LLC., a Texas Corporation, on behalf of said corporation. Notary Public's Signature Page 8 of 8 - ...... ._ ... --------.__ „y L, y: ,R, 6) v V \ a a Ij n (o ��n a ,' ,e„ �% I A\ �r �� a,k, k l5rR, ✓ \ r \ irivinini Ii \ \ V A �q \ AR n „fs ��n o ,I �\ , 1 it � C I \ III ;�r I Cn i OWING \ 611 — o,.,o.r, e�./o � �� \ —d*r11 ��_ �� ..... PLANIVINC OCJhIIMI";x;1171Al I rtI II I, rill Ire �n /d IAI 1`AA `, o err, 600- r�uu rl:�zr,v .,ti u x �ICIIL ACT It iAIIIJ, I1 S:AIS I' EOJ' E 2 L 11 ItI I ItIr Ik— », p u Ill I-I r Ill)-it III,' FJ lio,W .1S4 S I nW Ilk c'11 (',1 1`,iI YA;�P9t,74 J I 1 a, u s e 2 c I 4 F r o' ✓ � r 00 v �•+�,. \ \ - ✓ �Bei v. t � t i,„ ..�_ _ �. G ..rrc � 4 V a t n to •r• �r u. ._....___._.�.............. _._ "T___._�. .,7 -. a � u r n u n OtaYi s.c -ru r sio ri,vr � r,. ,Ill' .,,. - ,s, ,, '__..._GUMMI"FIION ..,. ,,, nxi✓ nv�.�. v„n APPLICATION FOR WASTE WATER REIMBURSEMENT We, AEL Development, LLC, 483 Saratoga Blvd., PMB 42, Corpus Christi, Texas 78413, owners and developers of proposed Airline Estates Subdivision, hereby request reimbursement of $52,514.90 for the installation of the waste water collection line in conjunction with said subdivision, as provided for by City Ordinance No. 17396.$94,565.90 is the construction cost, including 10% Engineering and Surveying and Testing, as shown by the cost supporting documents attached herewith. Ham �Mos�tagha�si, Gener Partner Date AEL Development, LLC THE STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on 2017, by Hamed Mostaghasi, General Partner, A L Development, LLC., on behalf of the said corporation. : YWVPUB LYLTRA PENA Y, % TAR, UC NOTAS state of Texas Comm,Exp,12-02-1019 CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit 2 APPLICATION FOR WASTE WATER CREDIT We, AEL Development, LLC, 483 Saratoga Blvd., PMB 42, Corpus Christi, Texas 78413, owners and developers of proposed Airline Estates Subdivision, hereby apply for$42,051.00 credit towards the waste water lot fee for the collection line extension in conjunction with said subdivision as provided for by City Ordinance No. 17396. $94,565.90 is the construction cost, including 10% Engineering and Surveying and Testing, as shown by the cost supporting documents attached herewith. t�vc, .......... ed Mostaghasi,, eneral Partner ate 4 om C AEL DevelopmeInt, L C THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2017, , by Harried Mostaghasi, General Partner, AEL Development, LLC., on behalf of the said corporation. . ............ PEVA P 'lic in 'nd foU ULTRA IV Nota a r the Sta�ce of Texas N NO'TARY B PU LIC Texas State,Of T comm.F 12_02-2011, _xp. Tq OTARY pUBLIG 20ri. Stale of Texas ixp,12-02-2011 1, COMM. .......... 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ETIREET,SIDEARILK AND DRAINAIE DETAILE NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW1@gmail.com TX Registration No. F-52 361 882-5521 FAX 361 882-1265 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 AIRLINE ESTATES SANITARY SEWER REIMBURSEMENT ESTIMATE 12/27/17 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 12"PVC PIPE 204 LF 65.00 $13,260.00 2 DEWATERING FOR 12"PIPE 204 LF 32.50 6,630.00 3 FIBERGLASS MANHOLE 1 EA 7,000.00 7,000.00 4 20"STEEL CASING PIPE BORED IN PLACE 80 LF 445.00 35,600.00 5 TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING(TRAFFIC CONTROL DURING CONSTRUCTION),FOR OFFSITE SS 1 LS 750.001 750.00 6 JOVERSIZE OVERDEPTH(10"PIPE TO 12"PIPE) 1337 LF 17.001 22,729.00 SUBTOTAL $85,969.00 10%Engineerinlg,Surveying and Testing 8,596.90 TOTAL $94,565.90 LESS CITY WASTEWATER SYSTEM LOT FEE -42.051.00 TOTAL AMOUNT REIMBURSABLE $52,514.90 NOTE:MAXIMUM AMOUNT REIMBURSABLE=12"X 42,051 X 50%=$252,306.00,THUS OK. Page 1 of 1 INSURANCE REQUIREMENTS L CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/ aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises —Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired &Non-owned 3. Rented& Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph H Of This Exhibit. EMPLOYER'S LIABILITY $500,000/ $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 IL ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof,at Contractor's sole expense,insurance coverage written on an occurrence basis,by companies authorized and admitted to do business in the State of Texas and with an A.M.Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax 4 D. Contractor agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract.Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in anyway the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City of Corpus Christi,Texas Department of Development Services City of P.O.Box as 77 edirld Corpus Christi,Texas 78469-9277 at: 24 6 Leo 0 Corpus Located at: 2406 Leopard Sheet (Comer of Leopard St.and Port Ave.) Christi DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with NAME: i -%' � P STREET: _. Soa �4 I Y: i E` I ZIP: FIRM is: 2118orporation ❑ Partnership ❑Sole Owner ❑Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department(if known) 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 tt Title i 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Chris i, Texas as changes occur. Wt . �. Certifying Person: .«f { Title: ,srG _ 0 (Print) i Signature of Certifying Pefsen - t Date: K:IDEVELOPMENTSVMSHAREMLAND DEVELOPMEN�MQ , MANCE ADMINISTRATIOMAPPUCATI N FORMSTORMS AS PER LEGAL\20I21DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENTI.27.12.DOC Exhibit 6 i DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas, b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official'. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant'. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. MDEVELOPMENTSVCS\SHAREMLAND DEVELOPMENnORDINANCE ADMINISTRATIOMAPPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS 2 y �y STATEMENT1.27.12.DOC Exhibit 6 2 Page of Doc# 2016013254 OF CON FIDE.N'.1`IAlal'I Y RIGHTS- IF YOU_.RJ,` A1 AT-U,RAL PERSON, WL E Illi.F011.li YU IS FILET FOR RJ,-,(..ORD IN 'nu PUTILIC RECORDS. YOUR SOCIAL is uAlla-11 Oil YOU'R--DRIVER'S LICENSE NUMHER. WARRANTY DE,:ED WITH VENDOR'S LIEN 10101 K Gas€iator: DORSAL L I�F [sl.t�l'M �1 p.l_V a Was iizatit,.c� liability ersrt�ltaiiy (Inchidim ("outtty) P. 0. ox 8l>55 NuoQes Co i^,yA exas 78468 G'r ant4°c.. ;x:1.,(1LL(A :f TCxas limited liability ,omp3a ny Gramteeis TvIaaltlaag Address (ImAzi£ ing;(Iminty) AB U Smaii g; Bty£:£1e ard, eaNIB 423 Corp€aw t_'hr€st€. Nu cos {_'£f€.irity, (i x s 78413 Consideration, 'I tm and No...'100 Dollars and other good and valuable consideratic-ont paid to Grantor by Gf'.i7i eet the rteceipt .nd sufficiency ofw ich avc hereby ac`no i t t(C,,e I anid. ccrifessod, and further of the :..uc t.i-om afid7 elli Lfy tat :a Certain r i}n i so t a,notti.ofe t'n3 date that is in the original pri€:cipa`.l ainow.-£$,of S i 1 5,ttWOO payable to the ii.€der i?3 Charter r Barok as payoo, being sec'u ed by a ffitst and superior v endur's Beit €;tat€ed 1'icrcin in favor of said p3<3yee ,ind also sw.irod by t£rst lion deed of t gist fiorr Grantee to Sill Ricli,:lttaber� Trustee, liar the bon fat ofsaicl p:a3.e . Property (tncluding Any Improvements), €el A'�c` cs to `f Jf fapx :3iL i?x:3widaf y of a 219767 c3t['E' toot of liliad f`..i3. ak portion of lots :' ittee n(15) and Sixteen f,3 6, Section TwentyFive(25),WFLOUR 111-1-1"14' 'k\t) ENUNNA._. I-ARM AN'D GARDEN-1 Tf;�(.TSp .as recorded in Volume A, Pages 41 though 43 of the Map R-ec;mds., Nt..c ces (:`c u.nty �.#�<as, and z:wsing a poi-t2Cfi,o tfK l,.if�ti,S.��3.'cled w Karen n Arm Sniith, a a], dosci'4f3ed as L,xI ibit "B" in,Docti Halts r}1999015842Ofiici<ti Ilublic xZecords of Ntiec s L`tnwiT y✓ Toxas, said 280767 acre tract being more particularly dc.scribed by inetes and bounds inoro ft.913 described in "'A" r£ttached hereto and incorporate herein for all p erf il"..ent purposes. Rs:;scmiation from I:onveyaan t I 1rxceptions If) Ckmvcyaac(�-arid Wari'anty: Validly ;°.xisting easen-iel-its, righis-of-was, ami prescriptive fights, whethcr ofrecord or no,," all pnts,4,nfli-v rc-corded arid validlv existing reservanwis, cover.ianas, �Omditions. oil an'd ga., leases. inineral interests, an,.,' \.Z,awr interests outstandi rig 1r, persons otherthan Orantor. and other instruillents, other convoyances oftbe surface fee estate., that aff'ect the ­ St'l��i, ri LY hts of ad. . . -wilers < .- walIs :,nd ftmces s'tuated.on k,�� Ji cornmon bou.ndary, any disc.repancde,a, conflicts, orshortia:aes in area or bowidary lines: am, encroachments,or overlapping o-finiprovements, and taxes, f1br thQ carrent year wi-lich Gr antes -id a arecs to po v. a nd s ubseq uw nt Lis sess i-non ts for tit and prior ears due to cliw,�gc. in ai hind usauv, or both, the payn­,ent of-which Grantee assumes, Grantor, >clr tho Conidcmfioln a_nd stibic,,­ to Ov Res orvat'ions from. Cot.livevance and thic Exce"-Ition's to C.o.nvcyance and onants, sills, and cwnv�vs to Grantee the Property, together all arid singwaxthe rights and appil-ne-nances thi�,reto in any way beiongirig, to have 'And to hold it to Grantce and Gr.-:mtoc's he;rs. succcssors, -1---lind assians ft)rovo.-, Grantor bhids GranI or and Graritor's heirs and suc.ccs�,.ors to wai-rant and fibrever defend al I and sin gular the Props` rte' to Grantoe and C3,antee's heirs, successors, and assigns igain.st every person - - -im& - -"..P -t th -of, exccpt as to 1-110 eoraiii al lore Reservationsfrom Convevance and the Exceptions to Coiiveyarlce and Warranty, When 11hie comext. requires, singular nouns and pronouns incl-ade the plural. Wbnl the Grailtor or the Grantee is other Lhan a nawral person, the A.vords "heirs, Qxccutors axld o-r arij ' asslon.� "Ila."'I he col-Isrrued to n-ican "suixossor's, and assi-l"' 4> tnLS . Refere,,wQ to w-.v ,aendm- illaII in.`h.dQ ,.it gcndcr,�md, in c the :is­ 1) .-'i' legal ontit I fl-w tier . an , a .mtural porsori, shall include the ne-utral., lt is expr ssiv aureQd that the vendor's lien retained , perch-1 is n. faLvor and hcrebassi_Tie d to tile holder oft-b.-_ deed of trust liens £3:i flae pit perty and t the propert 7, p e,, is s d hnprowmcnts, shall bc hat the vendor's li-en. �agair,5 Y 111 C an c rctadllecl until the ptomdssoty noto described her in Is fully tea ld according to its terms, at l.Olich till-le tills Deed ,vfli bccom.,i <ibsolutc, DORSAL DI"VELOPNIENT, LLC, a Texas limited liability. coniplifiv . .......... r Tlfl.: STATE. OFTE,XAS § COUNTY § IlliS iMtrUlIMM WIS acknowiod-ged behme me on this day of 1 2016, 'by Ata 0. Azali, Member of DOIISAL DEVELOPMENTS, aTimis limhed habHUy cunipanyin said capaoitymid on be) f of said owity. ........... Notary Public, State ofleiili5 AFTER REUMIDING morujimcuo : PIUMMED mmm ILAWW"FICE OF: ,kfl, DEATLOJIME'.N'T, LLC Brent Chesney 4813 Sw,atoga jilt'.i., PM113 423 BIRYNT CHESNEY, Attorney At Law Coipus (?hdsd, Was 784 . l ft31b Ow- Profossionad Plaza 5402 HoHy Had GF#2089732-Ff C UloRy - RQ BuHlng Et SuRe 2202 Corpus (,hristi, Texas 78411 3 F i!e 1�o,, 2089732-FTC(RPL) 'Pro�x'�rty' Yorktown Blvd., Corpus ChriSfl,TX HELD NOTES to describe the boundary of a 28,9767 acre tract of land being a portion of Lots Fifteen(15) and Sixteen (16), Section Twenty-five(25), FLOUR BLUFF AND ENCINAL FARM ANDANDL GARDEN TRACTS, as recorded in Volare A, Pages 41 through 43 of the Map records, Nueces County, Texas, and being a portion of that land deeded to Karen Ann Smith, et al, described as Exhibit,,B„ in Document #'1999015842,,Official Public Records of Nueces County, Texas,said 28.9767 acre tract being more particularly described by metes and bounds as follows- BEGINNING ollows-B GINNI at a 60d rail set in the centerline,of Yorktown Boulevard (80' ROW) for the southeast comer sof said tot 15 and the southeast comer of this tract, from which a 5,/8" steel rod found in the earth right-of-way of Yorktown Boulevard,the west tine of Lot 14, Section 25 and the Basi: lime of said Lot 15 bears North 29" East, 40 feet; THENCE, Dearth 61' 00' 00" West,along the centerline sof said Yorktown Boulevard,a distance of 646.46 feet to a 60d nail sat for the southwest corner of this tract; THENCE, North 291 00' 00" East,a distance of 40,00 feet to a 5/8" steel rod set in the east right-of-way of Airiirre Road, County Road 11 (6 ' ROW) and the north right-oaf-moray of Yorktown Blvd. for are interior comer of this tract, THENCE, North 020 26' 06"Frit,along said Airline Road right-of-way, a distance of 1371,92 feet to a 5/8" steel rod set in: the east right--of-way of Rodd Held Road(120' ROW)for a bend point in the west linin~ of this tracts THENCE, North 290 €1' 00" Frit,along said Rodd Field Road right-of-ways a distance of 52.92 feet to a 5/8":steel rod set in the south Brae of Lot 1, Section 25 and the north line of said Lot 16 for the northwest comer of this tract; THENCE, South 6111 00* 00" East,a distance of 1260.00 feat to a /8" steel rod set for the southeast corner of Lot 2, Section 25, the southwest comer of tat 3,. Section 25, the northwest conger of said Lot 14 and the northeast comer of said Lot 15 for the northeast creaser of this tract THENCE,,South 2911 00'00"0" Best,along the common lime of Lots 14 and 15, at 1.25;58 feet pass a found 18" steel rod,at 1280.00 feat pass said /8" steel rod found in the north right- of-way of Yorktown Blvd., in all a distance of 1320.00 feet to the POINT OF BEGINNINGand containing 8.9767 acres of lands less 4..5048 acres in easements and rights-of-way totaling 24,4719 acres net. A,P..N. 2476-0025-0150 a 13Stf_ 24202 cor off`^ i yr yk; Y t 1 : Doc# 2016013254 Doc# 2016013254 # Pages 5 04/04/2016 12.32PM e-Filed & e-Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $27.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS `OJpt`[CC, COUNTY CLERK cou„t-1. NUECES COUNTY TEXAS Corporations Section � E 9F Carlos H. Cascos P.O.Box 13697 �, Secretary of State Austin,Texas 78711-3697 I Office of the Secretary of State CERTIFICATE OF FILING OF AEL Development, LLC File Number: 802401852 The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the I above named Domestic Limited Liability Company (LLC)has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law,hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act,or the common law. Dated: 02/26/2016 Effective: 02/26/2016 t Carlos H. Cascos j Secretary of State I I' Come visit us on the internet at http.//www.sos.state.tx.us/ Phone:(512)463.5555 Fax:(512)463-5709 Dial: 7-1-1 for Relay Services Prepared by:Elizabeth"Annie"Denton TiD: 10306 Document:658355620002 F I L E D In the Office of the Secretary of State of Texas FEB 2 6 2016 CERTIFICATE OF FORMATION Corporations Section OF AEL DEVELOPMENT, LLC (A Limited Liability Company) ARTICLE ONE The name of the filing entity being formed is AEL Development, LLC (the "Company") ARTICLE TWO i The filing entity being formed is a limited liability company. j I ARTICLE THREE The purpose for which the Company is formed is any lawful purpose for which a limited liability company may be formed under the Texas Business i Organizations Code. I ARTICLE FOUR The street address of the Company's initial Registered Office, and the name of its initial Registered Agent at that office, are as follows: Hal George 5350 South Staples Street, Suite 406 Corpus Christi, Texas 78411 I t I AEL DEVELOPMENT,LLC CERTIFICATE OF FORMATION,PAGE I t I ARTICLE FIVE The Company will not have Managers. The name and address of the initial Member is: i Elham Azali 4833 Saratoga Boulevard, PMB 423 Corpus Christi, Texas 78413 ARTICLE SIX I The following reasonable restrictions upon the transfer of units of membership interest of this Company ("Units"), hereinafter stated, are hereby j imposed and shall be referred to on the face of each certificate and reproduced in full or in summary on the back thereof,to wit: No Units of this Company shall be transferred whether through the voluntary or involuntary act of a Member or his personal representative or by the operation of law, unless such Units shall first have been offered to the Members acting as the governing authority of the Company, which shall have for a period of fifteen (15) days after such offer is submitted to said Company in writing the exclusive right and option to purchase all such Units at a price equal to the price at which such Units are being sold by operation of law or the price to be paid by a bona fide purchaser under written contract; but the personal representative of a deceased Member in the case of the death of a Member shall have the alternative right to offer such Units to the Company at a price determined by three arbitrators, one of whom shall be designated by the personal representative of the deceased Member, one of whom shall be designated by the Members acting as the governing authority of the Company,and one of whom shall be designated by the first two arbitrators so selected. It shall be the duty of the governing authority to notify the Members promptly in writing of the receipt of such offer. If the Company shall not have exercised its option to purchase within such time, then each of the other Members shall have within the next fifteen (15) days the exclusive option to purchase at such price that portion of Units submitted as each Member's ownership bears to the total outstanding Units, excluding those Units being submitted, or to purchase proportionately any or all of the Units submitted if not purchased by the other Members. After the expiration of such time, the Units so submitted that have not been purchased by either the Company or the other Members may be transferred for such price to the purchaser who has contracted for same or is entitled to same by law. The failure of the Company, or of any Member, to purchase any Units so submitted shall not, as to any fiiture sale or transfer, discharge any such Units from any of the restrictions. AEL DEVELOPMENT,LLC I CERTIFICATE OF FORMATION,PAGE 2 } i I' i ARTICLE SEVEN No Member of the Company shall be liable to the Company or its Members for monetary damages for an act or omission in the Member's capacity as a governing person, except for liability (i) for a breach of the Member's duty of loyalty to the Company or its Members, (ii) for acts or omissions not in good faith that constitute a breach of duty of the Member to the Company or which involve intentional misconduct or a knowing violation of law, (iii) a transaction from which the Member received an improper benefit, whether or not the benefit resulted from an act taken within the scope of the Member's office, (iv) for acts related to a wrongful distribution or wrongful payment of a dividend, or (v) for acts or omissions for which the liability of a governing person is expressly provided by an applicable statute. Any repeal or amendment of this Article by the Members of the Company shall be prospective only, and shall not adversely affect any limitation on the personal liability of a Member of the Company existing at the time of such repeal or amendment. ARTICLE EIGHT The undersigned Organizer hereby disclaims any past or future interests in or I control of AEL Development,LLC and resigns as the Organizer effective upon the formation of the Company. I IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of February, 2016. Sharon Leal, Organizer 408 W. 17th Street, Suite 101 Austin, Texas 78701-1207 (512)474-2002 f AEL DEVELOPMENT,LLC CERTIFICATE OF FORMATION,PAGE 3 Fo,m $$-4 Application for Employer Identification Number OMB No.1545-0003 (Rev.January 2010) (For use by employers,corporations,partnerships,trusts,estates,churches, EIN government agencies,Indian tribal entities,certain individuals,and others.) 81-1626178 Department of the Treasury Internal Revenue Service ► See separate instructions for each line. ► Keep a copy for your records, 1 Legal name of entity(or individual)for whom the EIN is being requested AEL Development,LLC i 2 Trade name of business(if different from name on line 1) 3 Executor,administrator,trustee,"care of"name W N _ U 4a Mailing address(room,apt.,suite no,and street.or P.O.box) 5a Street address(if different)(Do not enter a P.O.box.) 41 4833 Saratoga Boulevard,PMB 423 C R 4b City,state,and ZIP code(if foreign,see instructions) 5b City,state,and ZIP code(if foreign,see instructions) o Corpus Christi,TX 78413 ( 6 County and state where principal business is located Nueces County,TX 7a Name of responsible party 7b SSN,ITIN,or EIN Elham Azall xxx-xx-1222 Be is this application for a limited liability company(LLC)(or 8b if 8a is"Yes,"enter the number of a foreign equivalent)? © Yes ❑ No LLC members ► 3 8c if 8a is"Yes,"was the LLC organized in the United States? © Yes ❑ No 9a Type of entity(check only one box),Caution,If 8a is"Yes,"see the instructions for the correct box to check. L1 Sole proprietor(SSN) Estate(SSN of decedent) ® Partnership ❑ Plan administrator(fiN) ❑ Corporation(enter form number to be filed) ► ❑ Trust(TIN of grantor) ❑ Personal service corporation ❑ National Guard ❑ State/local government U Church or church-controlled organization U Farmers'cooperative U Federal government/military ❑ Other nonprofit organization(specify) ► ❑ REMIC ❑ Indian tribal governments/enterprises _ ❑ Other(specify) ► Multl-member LLC_ _ Group Exemption Number(GEN)if any► — - — 9b If a corporation, name the state or foreign country State Foreign country (if applicable)where incorporated �— TX �- 10 Reason for applying(check only one box) n Banking purpose(specify purpose) 0- started Started new business(specify type) ► ❑ Changed type of organization(specify new type) ► ❑ Purchased going business ❑ Hired employees(Check the box and see line 13.) ❑ Created a trust(specify type) ► ❑ Compliance with IRS withholding regulations ❑ Created a pension plan(specify type) ► ❑ Other(specify) ► 11 Date business started or acquired(month,day,year). See instructions. 12 Closing month of accounting year December 02/26/2016 14 If you expect your employment tax liability to be$1,000 13 Highest number of employees expected in the next 12 months(enter-0-if none). or less in a full calendar year and want to file Form 944 If no employees expected,skip line 14, annually instead of Forms 941 quarterly,check here. (Your employment tax liability generally will be$1,000 or less if you expect to pay$4,000 or less in total Agricultural Household Other wages.)If you do not check this box,you must file 0 I 0 0 Form 941 for every quarter. ❑ 15 First date wages or annuities were paid(month,day, year).Note.If applicant is a withholding agent, enter date income will first be paid to nonresident alien(month,day,year) . . . . . . . . . . . . . . . . ► N/A 16 Check one box that best describes the principal activity of your business. U Health care&social assistance U Wholesale-agenUbroker ❑ Construction ❑ Rental&leasing ❑ Transportation&warehousing ❑ Accommodation&food service ❑ Wholesale-other ❑ Retail © Real estate ❑ Manufacturing ❑ Finance&insurance ❑ Other(specify) 17 Indicate principal line of merchandise sold,specific construction work done, products produced,or services provided, Construction and sale of real property 18 Has the applicant entity shown on line 1 ever applied for and received an EIN? (_f Yes Vj No If"Yes,"write previous EIN here 0- i Complete this section only if you want to authonze the named individual to receive the entity's EIN and answer questions about the completion of this form. Third Designee's name Designee's telephone number(include area code) Party Designee Address and ZIP code Designee's fax number(include area code) Under ponalties of perjury.I declare that i have examined this application.and to the best of my knoMedge and belief,it is true,correct.and complete. Applicant's telephone number(include area code) Name and title(type or print clearly) ► Elham Azall,President ( 361}765-7241 Applicant's lax number(include area code) Signature ► Date ► ( ) For Privacy Act and Paperwork Reduction Act Notice,see separate instructions. Cat.No.16055N Form SS-4 (Rev.1.2010) MINUTES OF THE SPECIAL CALLED MEETING OF AEL DEVELOPMENT, LLC FILE NUMBER 802401852 A special called meeting of AEL Development, LLC was held in Corpus Christi, Texas on March 31, 2016 at 5:00 p.m. The following were present: Elham Azali, Alyeh Azali Hatami Fardy and Leylah Azali. Elham Azali acted as chair of the meeting and Alyeh Azali Hatami Fardy acted as secretary. All members presented duly executed Waivers of Notice of the special called meeting which are attached to these minutes. Elham Azali announced the members of the Company are Elham Azali, Alyeh Azali Hatami Fardy and Leylah Azali and are each entitled to one-third ownership of the Company. Upon motion duly made, seconded and carried, the following Resolution was adopted: AEL Development, LLC A RESOLUTION AUTHORIZING THE MEMBERSHIP AND ISSUANCE OF UNITS OF OWNERSHIP BE IT RESOLVED BY THE MEMBERS OF AEL DEVELOPMENT, LLC: That Elham Azali, Alyeh Hatami Fardy and Leylah Azali are the members of the company. That the following units of ownership are authorized and directed to be issued: Elham Azali 1,000 Alyeh Azali Hatami Fardy 1,000 1 Leylah Azali 1,000. The effective date of this Resolution shall be the effective date of the Company: 02/26/2016. Dated this the 31St day of March, 2016. y Elham Azali, Ch/air Alyeh Azali Hatami Fardy, Secretary There being no further business before the meeting, on motion duly made, seconded and carried, the meeting was adjourned. Dated this the 31St day of March, 2016. Elham Azali, hair f Alyeh Azali Hatami Fardy, Secretary 2 WAIVER OF NOTICE OF THE SPECIAL CALLED MEETING OF AEL DEVELOPMENT, LLC FILE NUMBER 802401852 We, the undersigned, being all the members of the above named company hereby agree and consent that the special called meeting thereof be held on the date and the time and the place stated below and hereby waive all notice of such meeting and of any adjournment thereof. Place of meeting: Corpus Christi, Texas Date of meeting: March 31, 2016 Time of meeting: 5:00 p.m. Dated this the 31St day of March, 2016. Elham Azali Alyeh Azali Hatami Fardy Leylah Azali MINUTES OF THE SPECIAL CALLED MEETING OF AEL DEVELOPMENT, LLC FILE NUMBER 802401852 A special called meeting of AEL Development, LLC was held in Corpus Christi, Texas on March 28, 2016 at 5:00 p.m. The following were present: Elham Azali, Alyeh Azali Hatami Fardy and Leylah Azali. Elham Azali acted as chair of the meeting and Alyeh Azali Hatami Fardy acted as secretary. All members presented duly executed Waivers of Notice of the special called meeting which are attached to these minutes. Elham Azali announced that the Organization Meeting Alyeh Azali Hatami Fardy was incorrectly listed as Azita Azali. Upon motion duly made, seconded and carried, the following Resolution was adopted: AEL Development, LLC A RESOLUTION CORRECTING ALL MENTION OF ALYEH AZALI HATAMI FARDY IN ANY AND ALL COMPANY DOCUMENTS AND CONFIRMING ALYEH AZALI HATAMI FARDY AS MEMBER AND SECRETARY BE IT RESOLVED BY THE MEMBERS OF AEL DEVELOPMENT, LLC: That Alyeh Azali Hatami Fardy was incorrectly identified in the Company Documents, including the Organizational Meeting as Azita Azali. 1 That all mention or notation of Azita Azali, in any and all Company Documents, including but not limited to the Organizational Meeting; is and hereby shall be changed to Alyeh Azali Hatami Fardy. That Alyeh Azali Hatami Fardy is hereby declared a Member in full standing in the Company, is the individual designated as Secretary of the Company and is entitled to 1,000 units of the Company. The name Azita Azali is hereby struck from any and all Company Document, including, but not limited to, the Organizational Meeting and Certificates of Units. The effective date of this Resolution shall be the effective date of the Company: 02/26/2016. Dated this the 28th day of March, 2016. Elham Azali, Chair Alyeh Azali Hatami Fardy, Secretary There being no further business before the meeting, on motion duly made, seconded and carried, the meeting was adjourned. Dated this the 28th day of March, 2016. Elham Azali, Chair Alyeh Azali Hatami Fardy, Secretary 2 I WAIVER OF NOTICE OF THE SPECIAL CALLED MEETING OF AEL DEVELOPMENT, LLC FILE NUMBER 802401852 We, the undersigned, being all the members of the above named company hereby agree and consent that the special called meeting thereof be held on the date and the time and the place stated below and hereby waive all notice of such meeting and of any adjournment thereof. Place of meeting: Corpus Christi, Texas Date of meeting: March 28, 2016 Time of meeting: 5:00 p.m. Dated this the 28th day of March, 2016. P Elham Azali Alyeh Azali Hatami Fardy Leylah Azali CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-278340 AEL Development, LLC Corpus Christi ,TX United States ®ate Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/31/2017 being filed. AEL Development, LLC 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. 811626178 33 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Azali, Elham Corpus,TX United States X 5 Check only if there is NO Interested Party. EJ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. YVONNE _ /Cr 12465834-3 ll� Signature of authorized agent of contracting business entity OFXAS 1z] 8-22-2019AF Sworn to and subscribed before me,by the said I )t h this the day of 20 1 1 ,to certify which,witness my hand and seal of offic . ,4v�—o- k.L;�;o VVOW& tLu"Z, 45�cm ig ature o f icer administerii o h Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx,us Version V1.0.3337 Wastewater Collection Line Extension Construction and Reimbursement Agreement For Airline Estates City Council Presentation January 16, 2018 Aerial Overview till a� Mrommm P�r��(ll�'+,' �.�% iPa��Tnam��l��'�° /gym� �✓'" '"��,;,�' 1 e �` ��, I Public Improvements for Wastewater collection line N .. ll I a� X`, Iv(n & i � ui u4E A'as 49 o 3ri'1�"�19'E 12�f1.5A�. s MW i III � I f m uuuuuuuuuuuuuuuuuuuuuuuuuuuN��tll 7 ar ll e t,l I VVV A ra d Iii w PiPK u. PR,Op � Ulf c rr fl w�9 [INE'C W LSC#t& (r� R4P 12 Iu{;95 cane re rs 1' I I�� a avx ;,a n � i A ar ra cf •ra ar �r +r �� ,1 111— L co— -- ---- w nu 4 -------------------- t � Staff Recommendations Staff recommends: • Approve the proposed reimbursement agreement. �d se o� � v AGENDA MEMORANDUM NORPORpEO First Reading Ordinance for the City Council Meeting of January 30, 2018 1852 Second Reading Ordinance for the City Council Meeting of February 13, 2018 DATE: January 30, 2018 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance Ilmd(cDcctexas.com (361) 826-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations LawM&cctexas.com (361) 826-1972 Dan Grimsbo, Executive Director of Utilities anGQcctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2&cctexas.com (361) 826-3169 Purchase of Two Roll-off Trucks for Solid Waste Operations CAPTION: Ordinance appropriating $176,339.34 from the Unreserved Fund Balance in the Fund 5110 Fleet Maintenance Service Fund; transferring said funds to and appropriating in Fund 4200 Wastewater Fund; amending the FY2017-18 operating budget adopted by Ordinance Number 031255 to increase revenues and expenditures; and approving the purchase of two Peterbilt roll off trucks from Rush Truck Centers of Texas, L.P., of New Braunfels, Texas, through the Houston Galveston Area Council of Governments purchasing cooperative, for an amount not to exceed $396,960.00. PURPOSE: This item is to approve the purchase of two Peterbilt roll-off trucks to be used by the staff of Solid Waste Operations for sludge hauling operations. BACKGROUND AND FINDINGS: Requesting replacement of two roll off trucks used to haul sludge from City Wastewater Plants to the Cefe Valenzuela Landfill for disposal. The trucks will be Peterbilt 367 "Autoshift Plus" units with Stellar 75 1740R roll off bodies. One of the trucks to be replaced was involved in a head on collision. This truck was declared a total loss. The other roll off truck was involved in a fire which destroyed the cab and chassis. This truck also was declared a total loss. It is essential these two trucks be replaced so sludge transportation and disposal can occur at an uninterrupted rate. Funding for the two roll off trucks is: TML reimbursement $176,339.34 Wastewater contribution 220,620.66 $396,960.00 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 Wastewater Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $443,188.44 $0.00 $443,188.44 Encumbered / Expended Amount $46,228.44 $0.00 $46,228.44 This item $396,960.00 $0.00 $396,960.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Wastewater Comments: Transferring to and appropriating $176,339.34 (TML reimbursement) from the Fleet Fund Balance account No. 5110 to capital outlay expenditure account in Wastewater Fund No. 4200; and, $220,620.66 will be funded by Wastewater, for a total purchase amount not to exceed of$396,960.00. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Price Sheet Ordinance appropriating $176,339.34 from the Unreserved Fund Balance in the Fund 5110 Fleet Maintenance Service Fund; transferring said funds to and appropriating in Fund 4200 Wastewater Fund; amending the FY2017-18 operating budget adopted by Ordinance Number 031255 to increase revenues and expenditures; and approving the purchase of two Peterbilt roll off trucks from Rush Truck Centers of Texas, L.P., of New Braunfels, Texas, through the Houston Galveston Area Council of Governments purchasing cooperative, for an amount not to exceed $396,960.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of $176,339.34 are appropriated from the Fleet Fund Balance account No. 5110, transferred to, and appropriated in the capital outlay expenditure account in Wastewater Fund No. 4200 for the purchase of two Peterbilt roll off trucks. These funds are added to the $220,620.66 available in Wastewater Fund No. 4200 for the same purpose. SECTION 2. That the FY2017-18 operating budget adopted by Ordinance No. 031255 is amended by increasing revenues by $176,339.34 and expenditures by $352,678.68. SECTION 3. That the City Manager, or designee, is authorized to execute all documents necessary to purchase two Peterbilt roll off trucks for $396,960.00 from Rush Truck Centers of Texas, L.P., of New Braunfels, Texas, based on the cooperative purchasing agreements with Houston Galveston Area Council of Governments, for a total amount not to exceed $396,960.00, 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 , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of , 20187 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 this day of , 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION RUSH TRUCK CENTERS OF TEXAS, L.P. BUYER: JOHN ELIZONDO CONTRACT NO. HGACBuy HT06-16 RUSH TRUCK CENTERS OF TEXAS, L.P. NEW BRAUNFELS, TEXAS UNIT EXTENDED ITEM DESCRIPTION QTY.1 UNIT PRICE PRICE 1. PETERBILT ROLL OFF TRUCKS 2 1 EA $198,480.00 $396,960.00 Total Price $396,960.00 SC AGENDA MEMORANDUM CORPOR PP`EFirst Reading Ordinance for the City Council Meeting of January 30, 2018 N x852 Second Reading Ordinance for the City Council Meeting of February 13, 2018 DATE: January 30, 2018 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayElIL@cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2&cctexas.com (361) 826-3169 Appropriating $64,709.27 from the General Fund Unreserved Balance for the Purchase and Installation of Playground Equipment for Almanza, Breckenridge and Middlecoff Parks CAPTION: Ordinance appropriating $64,709.27 from the No.1020 General Fund unreserved fund balance for the purchase and installation of playground equipment at Almanza, Breckenridge and Middlecoff Parks; amending the FY2017-18 operating budget adopted by Ordinance Number 031255 to increase expenditures by $64,709.27; and approving the purchase of the said equipment and installation from The PlayWell Group, Inc. and PlayWorks, Inc., of Dallas, Texas, for an amount not to exceed $251,933.60, via Buyboard. PURPOSE: This item is to provide new playground equipment at Almanza, Breckenridge and Middlecoff Parks. BACKGROUND AND FINDINGS: The City of Corpus Christi's Parks and Recreation Department will be replacing playground equipment for a project total of$75,601.42 at Almanza Park located at 3405 Surrey Ct., Corpus Christi, Texas 78415, $100,730.76 at Breckenridge Park located at 7101 Grand Junction Dr., Corpus Christi, Texas 78413 and $75,601.42 at Middlecoff Park located at 5122 Merganser Dr., Corpus Christi, Texas 78415. The playground equipment being replaced is in neighborhood parks recommended for replacement of equipment per the 2012 Corpus Christi Strategic Parks and Recreation Master Plan. The existing equipment has reached the end of its useful life. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Parks & Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $251,933.60 $0.00 $251,933.60 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $251,933.60 $0.00 $251,933.60 BALANCE $0.00 $0.00 $0.00 Fund(s): 4720 - General and Community Enrichment Comments: The contract totals for the parks are $251,933.60; $187,224.33 of the funding is currently budgeted in FY2017-18. The appropriation request amount of $64,702.27 had been budgeted by the Parks and Recreation Department in FY2016-2017 however, the projects were not presented and approved in FY2016-2017. The budgeted funds feel into the fund balance at the end of FY2016-2017. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Service Agreements — Playground and Install at Almanza Park Service Agreements — Playground and Install at Breckenridge Park Service Agreements — Playground and Install at Middlecoff Park Photo - Playground Unit —Almanza, Breckenride, and Middlecoff Parks Photo - Exercise Equipment — Breckenridge Park Price Sheet Ordinance appropriating $64,709.27 from the No.1020 General Fund unreserved fund balance for the purchase and installation of playground equipment at Almanza, Breckenridge and Middlecoff Parks; amending the FY2017-18 operating budget adopted by Ordinance Number 031255 to increase expenditures by $64,709.27; and approving the purchase of the said equipment and installation from The PlayWell Group, Inc. and PlayWorks, Inc., of Dallas, Texas, for an amount not to exceed $251,933.60, via Buyboard. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $64,709.27 are appropriated from the unreserved fund balance in the No.1020 General Fund for the purchase and installation of playground equipment at Almanza, Breckenridge and Middlecoff Parks. These funds with be combined with $187,224.33 is being provided from the Community Enrichment Fund for the same purpose. SECTION 2. The FY2017-18 Operating Budget adopted by Ordinance No. 031255 is amended to increase expenditures by $64,709.27. SECTION 3. The City Manager, or designee, is authorized to execute all documents necessary with The PlayWell Groups, Inc. and PlayWorks, Inc, of Dallas, Texas, to approve the purchase and installation of playground equipment at Almanza, Breckenridge, and Middlecoff Parks for up to $251,933.60, based on the cooperative purchasing agreement with Local Government Purchasing Cooperative dba Buyboard. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of , 20187 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 this day of 2018 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION PLAYGROUND EQUIPMENT BUYER:ROBERTA ORTIZ AND INSTALLATION TLGPC CONTRACT 512-16 Equipment and Rubber Surface Installation of Equipment THE PLAYWELL GROUP, INC. PLAYWORKS,INC DALLAS,TEXAS DALLAS,TEXAS UNIT EXTENDED UNIT EXTENDED ITEMI DESCRIPTION QTY.1 UNIT PRICE PRICE IPRICE PRICE ALMANZA PARK Alamanza Park Equipment Shipping 1. Fee 1 EA $1,726.47 $1,726.47 0 0 2. Alamanza Park Bond Fee 1 EA $1,117.20 $1,117.20 0 0 3. JAImanza Park Equipment Install 1 EA $0.00 $0.00 $6,970.00 $6,970.00 4. Almanza Park Concrete Pad Install 1 EA $0.00 $0.00 $18,421.42 $18,421.42 5. Playworld Activo-Area 1 EA $23,274.05 $23,274.05 0 0 Rubbercycle Poured In Place 6. Surfacing 1 EA $24,092.28 $24,092.28 0 0 Subtotal Almanza Park I 1 $50,210.00 $25,391.42 BRECKENRIDGE PARK Breckenridge Park Equipment 1. Shipping Fee 1 EA $3,939.83 $3,939.83 0 0 Breckenridge Park Bond Fee 1 EA $1,480.80 $1,480.80 01 0 2. Breckenridge Park Equipment Install 1 EA $0.00 $0.00 $11,686.13 $11,686.13 Breckenridge Park Concrete Pad 3. Install 1 EA $0.00 $0.00 $18,421.42 $18,421.42 4. Playworld Activo-Area 1 EA $23,274.05 $23,274.05 0 0 Rubbercycle Poured In Place 5. Surfacing 1 EA $24,092.28 $24,092.28 0 0 6. lComplete Energi 5-Station System 1 EA 1 $17,836.251 $17,836.251 1 01 0 Subtotal Breckenridge Park $70,623.21 1 1 $30,107.55 MIDDLECOFF PARK Middlecoff Park Equipment Shipping 1. Fee 1 EA $1,726.47 $1,726.47 0 0 1. Middlecoff Park Bond Fee 1 EA $1,117.20 $1,117.20 0 0 2. IMiddlecoff Park Equipment Install 1 EA $0.00 $0.00 $6,970.00 $6,970.00 3. Middlecoff Park Concrete Pad Install 1 EA $0.00 $0.00 $18,421.42 $18,421.42 4. Playworld Activo-Area 1 EA $23,274.05 $23,274.05 0 0 Rubbercycle Poured In Place 5. Surfacing 1 EA $24,092.28 $24,092.28 0 0 Subtotal Middlecoff Park I 1 $50,210.00 $25,391.42 Total Price 1 $171,043.211 ITotal Price 1 $80,890.39 Grand Total 1 $251,933.60 Breckenridge Park IIIIIIIIIIIIIIIIIIIIIIIIIIIIII� IIIIIIIIIIIIIIIIIIIIIIIIIIIIII� ��u ���������� i i h IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� h o. w fNfkf I - tlf rr � a �oouolNlliINOMNYNO//0/NA21WWlW1llIIIlYdNp���f//L,,,... 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II ON If JwI II� r r �pu 7Y wr �l ✓/ Irl�J lo��li(,h lulu%// �1,, l j u In"';,f r l �lll fl/ ��/� ,� /l,r �% f�! /�� ////, /� l v �oU q p I � �, �l, ✓ `'rr r �, lir a , ��>I r r� r�f rh I � � p a'ur r ✓,�� � d r r I± ,�1�,� ,w�"u ,H",:. 1 ��, e �i (� rl�'I � �� /�� r Ir'"✓��� r �3r,�%+, ,� 1 1 , ' r f �' ',���?r e✓ , ,~r,^ r� '�h'f� u�i ��' �.r �N��;�Ixf C "� itr'Z,,�,mr"£,..✓� �'r�s � .,• m'a�;lh N✓' ,� nyP,' I' a .r"I", �� .,/ ��',el���i ;.I ,�^ t�r � ✓y x ;>yd..�ry r +�rrr ^+�' m + "�" � »✓ ,., '^,, J.r I ,,,,w✓ W �, ,� Gf� .,:,,,� Pr � I �2',:.. o,„a ,a:' .,' � t ✓ ,ff � .,,+I ,n ” ✓Nye a �I, ,� i''z�„ I w ;, ,;ee . .,,� r k °"�'r✓+ ">�rr,; ,�t'✓r^' ��:.r ��r ✓I;'� �r w� w� ✓,urcr',.,. ��„'I ��” '' �^�a ;�„� ��u"� �� �w III (' � ",,. a;;� �'�r4�bw Y i✓�I ''`;� ,,, �W"I,r,'r,�",�'. �J�, ✓ a � '��»� Y 2�.'re�r;, �iP✓��'��y'''r�.I `,,,�rim�G�l`1���, '"� w�� �y�;", .���'* i;�; .., '�✓,�-.,r;,�,,, 'r, ,< � �� wlr/Js:,,'"'.� rr;,? „r'"�a „wrl,�.dti, �, ,. w�� ,r�,hra4�!', , ”� "'�4 h'! ,I�' � ,�"N�2;�',�"✓TM�"�I� d.,�r "� F„, ,. ' �"`� ,,rw,. ,„, "'�'�ruu, �' �'�,,,. � r P fk �„..%' ',� „.� w,r Po, ICS, ,o. N � ,r ,I ,i� M�,r ^"U,,;✓^k-.�r ,.,o;' r£ ,u ,:�b w�£K> ,,.-,;ur?.. , r / •� � '� ' ,tiu°�; ,� '"��'";`” '�'�",� �:;+✓F''"� ,',`.:, ry,d� �" �„ ��,d '{��II wy„y t r� r�4���� �r ,,,�L',� � �� ,., � �d rr r " ,�N r m ;al ,Wry✓" � �n r � rvr4!✓: � �! riff bpyd +r 113S a SERVICE AGREEMENT NO. 1506 Installation of Playground Equipment at Breckenridge Park f'anwo�alev 1852 THIS installation of playground equipment at Breckenridge Park Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and PlayWorks Inc. dba PlayWorks ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide installation of playground equipment at Breckenridge Park in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide installation of playground equipment at Breckenridge Park ("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 eight months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $30,107.55, 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaW@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) 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. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Title: Parks & Recreation Superintendent Address: 1201 Leopard St., 3rd Floor, Parks and Recreation Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: PlayWorks Attn: Dan Libby Title: Sales Consultant/Play Advocate Address: 4743 Iberia Ave., Suite C, Dallas, TX 75207 Phone: (800) 726-1816 Fax: (505) 296-8600 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the 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: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name- Title- Date- CITY ame:Title:Date:CITY OF CORPUS CHRISTI Signature: Printed Name- Title- Date- Attached ame:Title:Date:Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work Contractor shall receive, unload, and install various playground equipment referenced on Attachment B: Bid/Pricing Schedule at Breckenridge Park located at 7101 Grand Junction Dr., Corpus Christi, Texas, 78413. A. Concrete Pad with Wire Mesh Contractor shall install one 37'x38'x4' concrete pad with wire mesh and 7" curb, to include grading of the site and fill dirt from top of the curb to ground. B. Playground Equipment 1 . Contractor shall receive and unload playground equipment and required material at the jobsite and dispose of any debris as needed. 2. Contractor shall install all equipment per manufactures insturctions. Page 1 of 1 Attachment A: Scope of Work 51 mwm PlayWorwww. aywell rou .co 800-726.1816 QUOTE# 12/13/2017 Play Works,Inc. 505-296-8900(fax) 3777 Athletic,Park,and Playground Equipment Serving Texas,New Mexico,Oklahoma,and Arkansas since 1988 i City of Corpus Christi City of Corpus Christi-Breckenridge Park Accounts Payable Josh Wentworth PO Box 9277 7101 Grand Junction Drive Corpus Christi,TX 78469 Corpus Christi,TX 78413 Phone: (361)826-3475 Phone: (361)826-3475 NET 30 DPL NUECES 1/12/2018 ITEM DESCRIPTION QTY LIST PRICE TOTAL BUYBOARD BUYBOARD CONTRACT#423-13 EXPIRES 9/30/2018 0.00 0.00 INSTALLED BY G.A.S.ENTERPRISES INSTALL G.A.S. INSTALL(1)PLAYSYSTEM AND ENERGI&STATION SYSTEM.THIS 1 11,686.13 11,686.13 PRICE INCLUDES THE UNLOADING AND RECEIVING OF THIS MATERIAL AT THE JOBSITE AND THE DISPOSAL OF ANY DEBRIS AS NEEDED CON-PAD INSTALL(1)37'X38'X4"CONCRETE PAD WITH WIRE MESH AND 7" 1 18,421.42 18,421.42 CURB,TO INCLUDE GRADING OF THE SITE AND FILL DIRT FROM TOP OF THE CURB TO GROUND. THIS PRICE IS BASED ON CURRENT CONCRETE AND STEEL PRICES AND MAY INCREASE AFTER SIXTY DAYS.THIS PROPOSAL DOES NOT INCLUDE ANYTHING NOT LISTED ABOVE,ANY UNFORESEEN PROBLEMS THAT MAY ARISE WITH THE SITE(IE ACCESS OR SITE CONDITIONS)AND DIGG TESTS OR ANY PERMITS REQUIRED BY THE CITY OR STATE. QUOTE VALID FOR 30 DAYS. Install will be ordered upon receipt of written TOTAL $30,107.55 approvals and/or deposit. PLEASE REMIT PAYMENT TO: PLAYWORKS, INC. 9430 SAN MATEO BLVD., NE, UNIT G ALBUQUERQUE, NM 87113 Date Signature Page 1 of 1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract 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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 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. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required for this service, item 8. Warranty. of the Serivice Agreement is null. Page 1 of 1 113S a SERVICE AGREEMENT NO. 1497 Playground Equipment and Installation of Poured-In-Place Fall Zone f'anwo�alev 1852 for Almanza Park THIS sell of equipment and installation of poured-in-place fall zone Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and The PlayWell Groups, Inc. dba PlayWell ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide equipment and installation of poured-in- place fall zone in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide equipment and installation of poured-in-place fall zone ("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 eight months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $50,210.00, 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaW@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) 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. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Title: Parks & Recreation Superintendent Address: 1201 Leopard St., 3rd Floor, Parks and Recreation Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: PlayWell Attn: Dan Libby Title: Sales Consultant/Play Advocate Address: 4743 Iberia Ave., Suite C, Dallas, TX 75207 Phone: (800) 726-1816 Fax: (505) 296-8600 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the 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: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name- Title- Date- CITY ame:Title:Date:CITY OF CORPUS CHRISTI Signature: Printed Name- Title- Date- Attached ame:Title:Date:Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work Contractor will sell various playground equipment and install Poured-in-Place fall zone surfacing for the playground equipment area referenced on Attachment B: Bid/Pricing Schedule at Almanza Park located at 3405 Surrey Ct., Corpus Christi, Texas, 78415. Equipment Delivery: 1 • Contractor shall coordinate recieving and unloading of the equpment at the jobsite with the installar and Contract Administrator. Installer shall dispose of debris debris as needed. The trucking company personnel will not unload. 2. On Site Storage of equipment is the responsibility of the City from the time the shipment is received until completion of the project, unless otherwise arranged. 3. Security of equipment is the responsibility of the City unless otherwise arranged. 4. Contractor is not responsible for vandalism, theft, or subsequent repairs and replacement of equipment. This refers only to the protection of the delivered equipment and does not apply to the warranty or replacement of any missing or damaged parts. Installation of Poured-In-Place: 1 . The installation price of the poured-in-place surfacing is based on normal soil conditions. Unusual soil conditions that require the use of a jack hammer, or other such equipment, will incur additional charges. 2. The installation price does not include removal of sand, or anything else, which may hinder installation of equipment unless otherwise arranged. 3. Seamless Poured In Place to cover 1 ,410 sq. ft. slab, 150 LF beveled edges. Colors: 50% Green and 50% Black 4. The City is responsible for blue-staking the job site and staking out any underground utilities prior to installation. The City is responsible should damage occur. 5. The job site must be ready and area leveled, when the Contractor arrives to begin the job. Any downtime shall incur additional fees. 6. Vehicle access must be provided to the jobsite. Heavy equipment access to the jobsite may be required. 7. The Contractor will take all precautions to see that landscaping is not damaged during the installation, but will not be responsible should such damage occur. All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 Attachment B: Bid/Pricing Schedule N/iii/ii/ii Jii/iiiifM/ii/r / o% 800-726-1816 QUOTE# 12/13/2017 PlayW yWell Group,Inc. 505-296-8900 (fax) 9871 Athletic,Park,and Playground Equipment Serving Texas,New Mexico,Oklahoma,and Arkansas since 1988 City of Corpus Christi City of Corpus Christi-Almanza Park Accounts Payable Josh Wentworth-Park Operations PO Box 9277 5352 Ayers Street, Building 4 Corpus Christi,TX 78469 Corpus Christi, TX 78415 Phone: (361)826-3475 Phone: (956)239-3586 Mom NET 30 DPL NUECES 1/12/2018 ITEM DESCRIPTION QTY LIST PRICE DISC. PRICE TOTAL BUYBOARD#512-16 BUYBOARD CONTRACT#512-16 EXPIRES 0.00 0.00 9/30/2018 OPTION THREE PLAYWORLD ZZXX0074 ACTIVO-ARIA 1 24499.00 23,274.05 23,274.05 PST:BLUE CMP1:YELLOW RP1:YELLOW ROPE:BLACK SHIP SHIPPING AND HANDLING 1 1726.47 1,726.47 1,726.47 RUBBERCYCLE PIP RUBBERECYC... POURED IN PLACE SURFACING-GENESIS 1 25360.29 24,092.28 24,092.28 SEAMLESS PIP TO COVER 1410SF DELIVERY PRICING-50% GREEN&50% BLACK. INCLUDES MATERIAL,FREIGHT AND INSTALLATION. PRICE INCLUDES 16OLF BEVELED EDGES. NOT PROVIDED:SUB BASE PREPARATION TO BE PROVIDED BY OTHERS. BOND PERFORMANCE&PAYMENT BOND 1 1117.20 1,117.20 1,117.20 QUOTE VALID FOR 30 DAYS. Product will be ordered upon receipt of written approvals and/or deposit. Please email or fax all pages. SUBTOTAL PLEASE REMIT YOUR DEPOSIT TO: $50,210.00 THE PLAYWELL GROUP, INC. 9430 SAN MATEO BLVD., NE, UNIT G SALES TAX (0.0%) $0.00 ALBUQUERQUE, NM 87113 Date Signature TOTAL $50,210.00 Page 1 of 1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract 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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 5 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 5 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. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Page 3 of 5 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address (principal place of business): Purchasing Division Surety is a corporation organized and existing 1201 Leopard Street 4t" Floor under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: 1497 Playground Equipment and Poured-In-Place Fall Zone for Telephone (main number): Almanza Park Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: $50,210.00 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 006116-1 1497 Playground Equipment and Poured-In-Place Fall Zone for Almanza Park Rev.01-13-2016 Page 4 of 5 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 1497 Playground Equipment and Poured-In-Place Fall Zone for Almanza Park Rev.01-13-2016 Page 5 of 5 Attachment D: Warranty A. Poured-in-Place Poured-in-Place surfacing shall have a minimum of five year limited warranty commencing from the date of the substantial completion. The limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of Poured-in- place surfacing only. The limited warranty includes the contractor's obligation to repair and/or replace any defective materials orworkmanship in the surface are or surface areas that have failed during the warranty period. A failed area/areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of a failed system. B. Playground Equipment 1 . LIFETIME on steel and aluminum posts stainless steel hardware, clamps, deck hangers, posts caps, and cast aluminum parts, except as otherwise specified below. 2. 25 years on Spring Mates aluminum castings 3. 15 years on all perforated steel decks and stairs, steel rails, stationary weldments, rotationally-molded and sheet slides, aluminum slide, and PlayWeb tubular steel parts, except as otherwise specified by product family type. 4. 10 years on fiberglass signage, shade fabric and components accessible swing seats, steel-core cable. 5. 5 years on flex treads, steel coil and C springs, specialty wood and ploycarbonate panels, and site amenities including all benches tables, litter receptacles and bike racks. All motion/moving play components and parts. Contractor shall provide warranty documents for the equipment and poured-in- place product which are incorportated by reference only. (Playworld 2017 and Genesis Warranty) Page 1 of 1 113S a SERVICE AGREEMENT NO. 1503 Installation of Playground Equipment at Almanza Park f�'anwo�alev 1852 THIS installation of playground equipment at Almanza Park Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and PlayWorks Inc. dba PlayWorks ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide installation of playground equipment at Almanza Park in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide installation of playground equipment at Almanza Park ("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 eight months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $25,391 .42, 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. 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: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaW@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) 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. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Title: Parks & Recreation Superintendent Address: 1201 Leopard St., 3rd Floor, Parks and Recreation Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: PlayWorks Attn: Dan Libby Title: Sales Consultant/Play Advocate Address: 4743 Iberia Ave., Suite C, Dallas, TX 75207 Phone: (800) 726-1816 Fax: (505) 296-8600 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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 OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the 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 (excluding attachments and exhibits); B. its attachments; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name- Title- Date- CITY ame:Title:Date:CITY OF CORPUS CHRISTI Signature: Printed Name- Title- Date- Attached ame:Title:Date:Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work Contractor shall receive, unload, and install various playground equipment referenced on Attachment B: Bid/Pricing Schedule at Almanza Park located at 3405 Surrey Ct., Corpus Christi, Texas, 78415. A. Concrete Pad with Wire Mesh Contractor shall install one 37'x38'x4' concrete pad with wire mesh and 7" curb, to include grading of the site and fill dirt from top of the curb to ground. B. Playground Equipment 1 . Contractor shall receive and unload playground equipment and required material at the jobsite and dispose of any debris as needed. 2. Contractor shall install all equipment per manufactures insturctions. Page 1 of 1 Attachment B: Bid/Pricing Schedule PlayWorwww. aywell rou .co 800-726-1816 QUOTE# 12/13/2017 Play Works,Inc. 505-296-8900(fax) 3778 Athletic,Park,and Playground Equipment Serving Texas,New Mexico,Oklahoma,and Arkansas since 1988 i City of Corpus Christi City of Corpus Christi-Almanza Park Accounts Payable Josh Wentworth PO Box 9277 3405 Surrey Court Corpus Christi,TX 78469 Corpus Christi,TX 78415 Phone: (361)826-3475 Phone: (361)826-3475 NET 30 DPL NUECES 1/12/2018 ITEM DESCRIPTION QTY LIST PRICE TOTAL BUYBOARD BUYBOARD CONTRACT#423-13 EXPIRES 9/30/2018 0.00 0.00 INSTALLED BY G.A.S.ENTERPRISES INSTALL G.A.S. INSTALL(1)PLAYSYSTEM.THIS PRICE INCLUDES THE UNLOADING 1 6,970.00 6,970.00 AND RECEIVING OF THIS MATERIAL AT THE JOBSITE AND THE DISPOSAL OF ANY DEBRIS AS NEEDED CON-PAD INSTALL(1)37'X38'X4"CONCRETE PAD WITH WIRE MESH AND 7" 1 18,421.42 18,421.42 CURB,TO INCLUDE GRADING OF THE SITE AND FILL DIRT FROM TOP OF THE CURB TO GROUND. THIS PRICE IS BASED ON CURRENT CONCRETE AND STEEL PRICES AND MAY INCREASE AFTER SIXTY DAYS.THIS PROPOSAL DOES NOT INCLUDE ANYTHING NOT LISTED ABOVE,ANY UNFORESEEN PROBLEMS THAT MAY ARISE WITH THE SITE(IE ACCESS OR SITE CONDITIONS)AND DIGG TESTS OR ANY PERMITS REQUIRED BY THE CITY OR STATE. QUOTE VALID FOR 30 DAYS. Install will be ordered upon receipt of written TOTAL $25,391.42 approvals and/or deposit. PLEASE REMIT PAYMENT TO: PLAYWORKS, INC. 9430 SAN MATEO BLVD., NE, UNIT G ALBUQUERQUE, NM 87113 Date Signature Page 1 of 1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract 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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 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. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required for this service, item 8. Warranty. of the Serivice Agreement is null. Page 1 of 1 113S a SERVICE AGREEMENT NO. 1505 Playground Equipment and Installation of Tile Fall Zone for f'anwo�alev 1852 Middlecoff Park THIS sell of equipment and installation of the fall zone Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and The PlayWell Groups, Inc. dba PlayWell ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide equipment and installation of the fall zone in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide equipment and installation of the fall zone ("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 eight months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $50,210.00, 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaW@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) 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. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Title: Parks & Recreation Superintendent Address: 1201 Leopard St., 3rd Floor, Parks and Recreation Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: PlayWell Attn: Dan Libby Title: Sales Consultant/Play Advocate Address: 4743 Iberia Ave., Suite C, Dallas, TX 75207 Phone: (800) 726-1816 Fax: (505) 296-8600 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the 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: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name- Title- Date- CITY ame:Title:Date:CITY OF CORPUS CHRISTI Signature: Printed Name- Title- Date- Attached ame:Title:Date:Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work Contractor will sell various playground equipment and install Poured-in-Place fall zone surfacing for the playground equipment area referenced on Attachment B: Bid/Pricing Schedule at Middlecroff Park located at 5122 Merganser Dr., Corpus Christi, Texas, 78415. Equipment Delivery: 1 • Contractor shall coordinate recieving and unloading of the equpment at the jobsite with the installar and Contract Administrator. Installer shall dispose of debris debris as needed. The trucking company personnel will not unload. 2. On Site Storage of equipment is the responsibility of the City from the time the shipment is received until completion of the project, unless otherwise arranged. 3. Security of equipment is the responsibility of the City unless otherwise arranged. 4. Contractor is not responsible for vandalism, theft, or subsequent repairs and replacement of equipment. This refers only to the protection of the delivered equipment and does not apply to the warranty or replacement of any missing or damaged parts. Installation of tile: 1 . The installation price of the the surfacing is based on normal soil conditions. Unusual soil conditions that require the use of a jack hammer, or other such equipment, will incur additional charges. 2. The installation price does not include removal of sand, or anything else, which may hinder installation of equipment unless otherwise arranged. 3. Green Tile 24"X24"X3.0 to cover 1 ,410 sq. ft. slab, 150 LF beveled edges. Color: Green 4. The City is responsible for blue-staking the job site and staking out any underground utilities prior to installation. The City is responsible should damage occur. 5. The job site must be ready and area leveled, when the Contractor arrives to begin the job. Any downtime shall incur additional fees. 6. Vehicle access must be provided to the jobsite. Heavy equipment access to the jobsite may be required. 7. The Contractor will take all precautions to see that landscaping is not damaged during the installation, but will not be responsible should such damage occur. All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 Attachment B: Bid/Pricing Schedule N/iii/ii/ii Jii/iiiifM/ii/r / o% 800-726-1816 QUOTE# 12/13/2017 PlayW yWell Group,Inc. 505-296-8900 (fax) 9872 Athletic,Park,and Playground Equipment Serving Texas,New Mexico,Oklahoma,and Arkansas since 1988 City of Corpus Christi City of Corpus Christi-Middlecoff Park Accounts Payable Josh Wentworth-Park Operations PO Box 9277 5352 Ayers Street, Building 4 Corpus Christi,TX 78469 Corpus Christi, TX 78401 Phone: (361)826-3475 Phone: (956)239-3586 Mom NET 30 DPL NUECES 1/12/2018 ITEM DESCRIPTION QTY LIST PRICE DISC. PRICE TOTAL BUYBOARD#512-16 BUYBOARD CONTRACT#512-16 EXPIRES 0.00 0.00 9/30/2018 OPTION THREE PLAYWORLD ZZXX0074 ACTIVO-ARIA 1 24499.00 23,274.05 23,274.05 PST:BLUE CMP1:YELLOW RP1:YELLOW ROPE:BLACK SHIP SHIPPING AND HANDLING 1 1726.47 1,726.47 1,726.47 RUBBERCYCLE AVEER 3.0 RUBBE... AVEER 3.0"GREEN TILE 24"X24"X3.0"TO 1 13.93 24,092.28 24,092.28 COVER 1410SF DELIVERY PRICING.PRICE INCLUDES 16OLF BEVELED EDGES. INCLUDES MATERIAL,FREIGHT AND INSTALLATION. NOT PROVIDED:SUB BASE PREPARATION TO BE PROVIDED BY OTHERS. BOND PERFORMANCE&PAYMENT BOND 1 1117.20 1,117.20 1,117.20 QUOTE VALID FOR 30 DAYS. Product will be ordered upon receipt of written approvals and/or deposit. Please email or fax all pages. SUBTOTAL PLEASE REMIT YOUR DEPOSIT TO: $50,210.00 THE PLAYWELL GROUP, INC. 9430 SAN MATEO BLVD., NE, UNIT G SALES TAX (0.0%) $0.00 ALBUQUERQUE, NM 87113 Date Signature TOTAL $50,210.00 Page 1 of 1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract 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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 5 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 5 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. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Page 3 of 5 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address (principal place of business): Purchasing Division Surety is a corporation organized and existing 1201 Leopard Street 4t" Floor under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: 1505 Playground Equipment and Tile Fall Zone for Middlecoff Telephone (main number): Park Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: $50,210.00 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 006116-1 1505 Playground Equipment and Tile Fall Zone for Middlecoff Park Rev.01-13-2016 Page 4 of 5 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 1505 Playground Equipment and Tile Fall Zone for Middlecoff Park Rev.01-13-2016 Page 5 of 5 Attachment D: Warranty A. Interlocking Tile Surfacing System The interlocking playgound surfacing system shall have a minimum of fifteen year and pro-rated based limited warranty commencing from the date of the substantial completion. The limited warranty shall provide for the cost for necessary repairs caused by the failure of interlocking playground surfacing system only. The limited warranty includes the contractor's obligation to repair and/or replace any defective materials or workmanship in the surface are or surface areas that have failed during the warranty period. A failed area/areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of a failed system. B. Playground Equipment 1 . LIFETIME on steel and aluminum posts stainless steel hardware, clamps, deck hangers, posts caps, and cast aluminum parts, except as otherwise specified below. 2. 25 years on Spring Mates aluminum castings 3. 15 years on all perforated steel decks and stairs, steel rails, stationary weldments, rotationally-molded and sheet slides, aluminum slide, and PlayWeb tubular steel parts, except as otherwise specified by product family type. 4. 10 years on fiberglass signage, shade fabric and components accessible swing seats, steel-core cable. 5. 5 years on flex treads, steel coil and C springs, specialty wood and ploycarbonate panesl, and site amenities including all benches tables, litter receptacles and bike racks. All motion/moving play components and parts. Contractor shall provide warranty documents for the equipment and interlocking the playground surfacing system product which are incorportated by reference only. (Playworld 2017 and Aveer Warranty) Page 1 of 1 113S a SERVICE AGREEMENT NO. 1508 Installation of Playground Equipment at Middlecoff Park f'anwo�alev 1852 THIS installation of playground equipment at Middlecoff Park Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and PlayWorks Inc. dba PlayWorks ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide installation of playground equipment at Middlecoff Park in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide installation of playground equipment at Middlecoff Park ("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 eight months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $25,391 .42, 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. 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: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaW@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) 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. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Title: Parks & Recreation Superintendent Address: 1201 Leopard St., 3rd Floor, Parks and Recreation Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: PlayWorks Attn: Dan Libby Title: Sales Consultant/Play Advocate Address: 4743 Iberia Ave., Suite C, Dallas, TX 75207 Phone: (800) 726-1816 Fax: (505) 296-8600 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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 OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the 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 (excluding attachments and exhibits); B. its attachments; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name- Title- Date- CITY ame:Title:Date:CITY OF CORPUS CHRISTI Signature: Printed Name- Title- Date- Attached ame:Title:Date:Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work Contractor shall receive, unload, and install various playground equipment referenced on Attachment B: Bid/Pricing Schedule at Middlecoff Park located at 5122 Merganser Dr., Corpus Christi, Texas, 78415. A. Concrete Pad with Wire Mesh Contractor shall install one 37'x38'x4' concrete pad with wire mesh and 7" curb, to include grading of the site and fill dirt from top of the curb to ground. B. Playground Equipment 1 . Contractor shall receive and unload playground equipment and required material at the jobsite and dispose of any debris as needed. 2. Contractor shall install all equipment per manufactures insturctions. Page 1 of 1 Attachment B: Bid/Pricing Schedule PlayWorwww. aywell rou .co 800-726-1816 QUOTE# 12/13/2017 PlayWorks,Inc. 505-296-8900(fax) 3779 Athletic,Park,and Playground Equipment Serving Texas,New Mexico,Oklahoma,and Arkansas since 1988 i City of Corpus Christi City of Corpus Christi-Middlecoff Park Accounts Payable Josh Wentworth PO Box 9277 5103 Merganser Drive Corpus Christi,TX 78469 Corpus Christi,TX 78413 Phone: (361)826-3475 Phone: (361)826-3475 NET 30 DPL NUECES 1/12/2018 ITEM DESCRIPTION QTY LIST PRICE TOTAL BUYBOARD BUYBOARD CONTRACT#423-13 EXPIRES 9/30/2018 0.00 0.00 INSTALLED BY G.A.S.ENTERPRISES INSTALL G.A.S. INSTALL(1)PLAYSYSTEM.THIS PRICE INCLUDES THE UNLOADING 1 6,970.00 6,970.00 AND RECEIVING OF THIS MATERIAL AT THE JOBSITE AND THE DISPOSAL OF ANY DEBRIS AS NEEDED CON-PAD INSTALL(1)37'X38'X4"CONCRETE PAD WITH WIRE MESH AND 7" 1 18,421.42 18,421.42 CURB,TO INCLUDE GRADING OF THE SITE AND FILL DIRT FROM TOP OF THE CURB TO GROUND. THIS PRICE IS BASED ON CURRENT CONCRETE AND STEEL PRICES AND MAY INCREASE AFTER SIXTY DAYS.THIS PROPOSAL DOES NOT INCLUDE ANYTHING NOT LISTED ABOVE,ANY UNFORESEEN PROBLEMS THAT MAY ARISE WITH THE SITE(IE ACCESS OR SITE CONDITIONS)AND DIGG TESTS OR ANY PERMITS REQUIRED BY THE CITY OR STATE. QUOTE VALID FOR 30 DAYS. Install will be ordered upon receipt of written TOTAL $25,391.42 approvals and/or deposit. PLEASE REMIT PAYMENT TO: PLAYWORKS, INC. 9430 SAN MATEO BLVD., NE, UNIT G ALBUQUERQUE, NM 87113 Date Signature Page 1 of 1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract 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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 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. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required for this service, item 8. Warranty. of the Serivice Agreement is null. Page 1 of 1 �vs cs SERVICE AGREEMENT NO. 1504 Playground Equipment and Installation of Poured-In-Place Fall Zone 00APOR 11 1852 for Breckenridge Park THIS sell of equipment and installation of poured-in-place fall zone Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and The PlayWell Groups, Inc. dba PlayWell ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide equipment and installation of poured-in- place fall zone in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide equipment and installation of poured-in-place fall zone ("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 eight months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $70,623.21 , 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaW@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) 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. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Title: Parks & Recreation Superintendent Address: 1201 Leopard St., 3rd Floor, Parks and Recreation Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: PlayWell Attn: Dan Libby Title: Sales Consultant/Play Advocate Address: 4743 Iberia Ave., Suite C, Dallas, TX 75207 Phone: (800) 726-1816 Fax: (505) 296-8600 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the 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: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name- Title- Date- CITY ame:Title:Date:CITY OF CORPUS CHRISTI Signature: Printed Name- Title- Date- Attached ame:Title:Date:Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work Contractor will sell various playground equipment and install Poured-in-Place fall zone surfacing for the playground equipment area referenced on Attachment B: Bid/Pricing Schedule at Breckenridge Park located at 7101 Grand Junction Dr., Coprus Christi, Texas, 78413. Equipment Delivery: 1 • Contractor shall coordinate recieving and unloading of the equpment at the jobsite with the installar and Contract Administrator. Installer shall dispose of debris debris as needed. The trucking company personnel will not unload. 2. On Site Storage of equipment is the responsibility of the City from the time the shipment is received until completion of the project, unless otherwise arranged. 3. Security of equipment is the responsibility of the City unless otherwise arranged. 4. Contractor is not responsible for vandalism, theft, or subsequent repairs and replacement of equipment. This refers only to the protection of the delivered equipment and does not apply to the warranty or replacement of any missing or damaged parts. Installation of Poured-In-Place: 1 . The installation price of the poured-in-place surfacing is based on normal soil conditions. Unusual soil conditions that require the use of a jack hammer, or other such equipment, will incur additional charges. 2. The installation price does not include removal of sand, or anything else, which may hinder installation of equipment unless otherwise arranged. 3. Seamless Poured In Place to cover 1 ,410 sq. ft. slab, 150 LF beveled edges. Colors: 50% Green and 50% Black 4. The City is responsible for blue-staking the job site and staking out any underground utilities prior to installation. The City is responsible should damage occur. 5. The job site must be ready and area leveled, when the Contractor arrives to begin the job. Any downtime shall incur additional fees. 6. Vehicle access must be provided to the jobsite. Heavy equipment access to the jobsite may be required. 7. The Contractor will take all precautions to see that landscaping is not damaged during the installation, but will not be responsible should such damage occur. All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 Attachment B: Bid/Pricing Schedule N/iii/ii/ii Jii/iiiifM/ii/r / o% 800-726-1816 QUOTE# 12/13/2017 PlayW yWell Group,Inc. 505-296-8900 (fax) 9870 Athletic,Park,and Playground Equipment Serving Texas,New Mexico,Oklahoma,and Arkansas since 1988 City of Corpus Christi City of Corpus Christi-Breckenridge Park Accounts Payable Josh Wentworth-Park Operations PO Box 9277 5352 Ayers Street, Building 4 Corpus Christi,TX 78469 Corpus Christi, TX 78415 Phone: (361)826-3475 Phone: (956)239-3586 Mom NET 30 DPL NUECES 1/12/2018 ITEM DESCRIPTION QTY LIST PRICE DISC. PRICE TOTAL BUYBOARD#512-16 BUYBOARD CONTRACT#512-16 EXPIRES 0.00 0.00 9/30/2018 OPTION THREE PLAYWORLD ZZXX0074 ACTIVO-ARIA 1 24499.00 23,274.05 23,274.05 PST:BLUE CMP1:YELLOW RP1:YELLOW ROPE:BLACK ENERGI-PR-500 COMPLETE ENERGI&STATION SYSTEM 1 18775.00 17,836.25 17,836.25 INGROUND MOUNT PST:BLUE CMP1:YELLOW SP1:YELLOW SHIP SHIPPING AND HANDLING 1 3939.83 3,939.83 3,939.83 RUBBERCYCLE PIP RUBBERECYC... POURED IN PLACE SURFACING-GENESIS 1 25360.29 24,092.28 24,092.28 SEAMLESS PIP TO COVER 1410SF DELIVERY PRICING-50% GREEN&50% BLACK. INCLUDES MATERIAL,FREIGHT AND INSTALLATION. PRICE INCLUDES 16OLF BEVELED EDGES. NOT PROVIDED:SUB BASE PREPARATION TO BE PROVIDED BY OTHERS. BOND PERFORMANCE&PAYMENT BOND 1 1480.80 1,480.80 1,480.80 QUOTE VALID FOR 30 DAYS. Product will be ordered upon receipt of written approvals and/or deposit. Please email or fax all pages. SUBTOTAL PLEASE REMIT YOUR DEPOSIT TO: $70,623.21 THE PLAYWELL GROUP, INC. 9430 SAN MATEO BLVD., NE, UNIT G SALES TAX (0.0%) $0.00 ALBUQUERQUE, NM 87113 Date Signature TOTAL $70,623.21 Page 1 of 1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract 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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 5 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 5 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. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Page 3 of 5 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address (principal place of business): Purchasing Division Surety is a corporation organized and existing 1201 Leopard Street 4t" Floor under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond, Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: 1504 Playground Equipment and Poured-In-Place Fall Zone for Telephone (main number): Breckenridge Park Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: $70,623.21 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date The address of the surety company to which any of Contract) notice of claim should be sent may be obtained Said Principal and Surety have signed and sealed from the Texas Dept. of Insurance by calling the this instrument in 4 copies, each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form 006116-1 1504 Playground Equipment and Poured-In-Place Fall Zone for Breckenridge Park Rev.01-13-2016 Page 4 of 5 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 006116-2 1504 Playground Equipment and Poured-In-Place Fall Zone for Breckenridge Park Rev.01-13-2016 Page 5 of 5 Attachment D: Warranty A. Poured-in-Place Poured-in-Place surfacing shall have a minimum of five year limited warranty commencing from the date of the substantial completion. The limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of Poured-in- place surfacing only. The limited warranty includes the contractor's obligation to repair and/or replace any defective materials orworkmanship in the surface are or surface areas that have failed during the warranty period. A failed area/areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of a failed system. B. Playground Equipment 1 . LIFETIME on steel and aluminum posts stainless steel hardware, clamps, deck hangers, posts caps, and cast aluminum parts, except as otherwise specified below. 2. 25 years on Spring Mates aluminum castings 3. 15 years on all perforated steel decks and stairs, steel rails, stationary weldments, rotationally-molded and sheet slides, aluminum slide, and PlayWeb tubular steel parts, except as otherwise specified by product family type. 4. 10 years on fiberglass signage, shade fabric and components accessible swing seats, steel-core cable. 5. 5 years on flex treads, steel coil and C springs, specialty wood and ploycarbonate panels, and site amenities including all benches tables, litter receptacles and bike racks. All motion/moving play components and parts. Contractor shall provide warranty documents for the equipment and poured-in- place product which are incorportated by reference only. (Playworld 2017 and Genesis Warranty) Page 1 of 1 ,mus c� 00 v AGENDA MEMORANDUM NVORPORP11 1852 Public Hearing and First Reading for the City Council Meeting of February 13, 2018 Second Reading for the City Council Meeting of February 20, 2018 DATE: January 17, 2018 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Public Hearing and First Reading Ordinance — Rezoning property at 2882 Holly Road CAPTION: Case No. 0118-02 ERF Real Estate, Inc. A change of zoning from "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. The property is located at 2882 Holly Road and described as being a 5.512 acre tract out of Lot 4, Section 3, Bohemian Colony Lands, located on the northeast corner of Holly Road and Richter Street, west of Kostoryz Road, and east of Ayers Street. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of commercial or retail uses. RECOMMENDATION: Planning Commission and Staff Recommendation (January 10, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District to allow for the construction of commercial or retail uses. The proposed rezoning to the "CN-1" Neighborhood Commercial District is inconsistent with the adopted Future Land Use Map. However, the proposed uses are consistent with the Southside ADP, PlanCC, and past rezoning decisions. 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 light industrial uses. The proposed rezoning to the "CN-1" Neighborhood Commercial District is inconsistent with the adopted Future Land Use Map. However, the proposed uses are consistent with the Southside ADP, PlanCC, and past rezoning decisions. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (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 Case No. 0118-02: Ordinance rezoning property at or near 2882 Holly Road from "RS-6" to "CN-1" and amending the Comprehensive Plan. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of ERF Real Estate, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, January 10, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District and on Tuesday, February 13, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by ERF Real Estate, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City") is amended by changing the zoning on a property described as being a 5.512 acre tract out of Lot 4, Section 3, Bohemian Colony Lands, located on the northeast corner of Holly Road and Richter Street, west of Kostoryz Road, and east of Ayers Street (the "Property"), from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District (Zoning Map No. 047037), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0118-02 ERF Real Estate, Inc\Council Documents\Ordinance_0118-02_ERF Real Estate.docx Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES Field Notes of a 5.512 acre tract being out of Lot 4,Section 3,Bohemian Colony Lands,as shown on a map recorded in Volume A,Page 48, Map Records of Nueces County,Texas. Said 5.512 acre tract also being out of the 57.20 acre Rogerio&Esperanza tract,described in a deed recorded in Document No. 2000004410,Deed Records of Nueces County,Texas.Said 5.512 acre tract being more particularly described as follows: BEGINNING at a 5/8"re-bar set in the intersection of the southeast right of way of Richter Street and the northeast right of way of Holly Road for the southwest corner of this survey. THENCE with the common line of the northeast right of way of Holly Road and this survey,South 61°49'21"East, a distance of 790.42 feet to a 5/8"re-bar set for the southwest corner of Lot 1, Block 1,Vista Hermosa Subdivision Phase III,Volume 67,Page 519,Map Records of Nueces County,Texas,and for the southeast corner of this survey. THENCE with the common line of said Lot 1, Block 1, Vista Hermosa Subdivision Phase III and this survey, North 28°07'30"East,a distance of 284.73 feet to a point in the southwest line of Lot 4, Block 1,Vista Hermosa Subdivision Phase I,as shown on a map recorded in Volume 66,Page 170,Map Records of Nueces County,Texas, for the northwest corner of said Lot 1,Block 1, Vista Hermosa Subdivision Phase III,and for the northeast corner of this survey, from WHENCE a 5/8"re-bar found in the northwest right of way of Santa Olivia Street, for the northeast corner of said Lot 1,Block 1,Vista Hermosa Subdivision Phase III,bears South 61°52'30"East,a distance of 200.02 feet. THENCE with the common line of said Vista Hermosa Subdivision Phase I and this survey,North 61°52'30"West, a distance of 787.87 feet to a 5/8"re-bar found in the southeast right of way of Richter Street, for the southwest corner of Lot 8,Block 2, Vista Hermosa Subdivision Phase I,and for the northwest corner of this survey. THENCE with the common line of the southeast right of way of Richter Street and this survey,South 28'38'19" West,a distance of 284.02 feet to the POINT of BEGINNING,and containing 5.512 acres of land, more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83 (93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 3.)Set 5/8"re-bar=steel re-bar set with yellow plastic cap labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day October 10,2017 and is correct to the best of my knowledge and belief. Ronal Brister,RPLS No.5407 Date: October 10,2017. P'�SOF 1, C' .0;o�srfRFa 9cP * .. * RONALD E BRISTER .................................. 5407 �S11RV� Job No. 171613 noo zNo.10000 ronn�n.CT lIsCIBPN,1A r $ Brister Surveying OT 1. SCALE r'=50' vano.i�oux3o�s a m,,i H W Wx Lore LOT, Lore Lor, Lor+ LOT, Lor_ LOT r .6,g Lore Lo'r, Lore Lor, Lor+ Lar, z � LAT) x� sg o �w e � 1s12—xes o�P, S62-01 01 s 79o.a2 2882 HOLLY ROAD d 10C�0-4U-1�0'—OTILILI WOODFLICT TOT---1111-10 a,� «orn o own cvo mros,+ sslor�rr,.v OO 7=BAR - a EOE ea STEP oe Q zxozaxn coxxF.x n�rEumusa rx,s svx�Ev. orsQv�,. �'^` 071P1AL G.'�..YLfQI.w �.o o�,®�norinurmmaoEmcsano�m ao.,uoE.aa�„fa asis no_,� i Zoning Case #0118-02 ERF Real Estate, Inc. Rezoning for a Property at 2882 Holly Road City Council Presentation February 13, 2018 Subject Property at 2882 Holly Road It rt M i • � Ai 1(y .r9 f6init "',eG 0 r �'ve�tiva,Caee mnpa g6 s Sha e Alii Wois,� m Alike Zoning Pattern � ) I „t iJ i � ° l i r J ,11 4110 i r :u Staff Recommendation Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1 " Neighborhood Commercial District. d PLANNING COMMISSION FINAL REPORT Case No. 0118-02 INFOR No. 17ZN1042 Planning Commission Hearing Date: January 10, 2018 r. Owner: ERF Real Estate, Inc. a Applicant/Representative: Les Daniels . Location Address: 2882 Holly Road Legal Description: Being a 5.512 acre tract out of Lot 4, Section 3, Bohemian Colony Lands, located on the northeast corner of Holly Road and Richter Street, west of Kostoryz Road, and east of Ayers Street. From: "RS-6" Single-Family 6 _ To: "CN-1" Neighborhood Commercial District 'E Cr Area: 5.512 acres 0 Purpose of Request: To allow for the construction of commercial or retail uses. Existing Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family Vacant/Agricultural Light Industrial Low Density Medium Density _ North "RS-6" Single-Family Residential Residential N South "IL" Light Industrial Light Industrial Light Industrial "CN-1" Neighborhood y East Commercial Commercial Commercial X W Permanent Open West "IL" Light Industrial Drainage and Space and Public/Semi-Public Government Area Development Plan: The subject property is located within the boundaries 06 of the Southside Area Development Plan and is planned for light industrial a. c uses. The proposed rezoning to the "CN-1" Neighborhood Commercial District 0 is inconsistent with the adopted Future Land Use Map. However, the proposed uses are consistent with the Southside ADP, PlanCC, and past rezoning a o Qdecisions. Map No.: 047037 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 800 c feet of street frontage along Holly Road which is designated as an "A1" Minor _- Arterial Undivided Street and approximately 290 feet along Richter Street which N = is designated as a "Cl" Minor Residential Collector. ca L Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Plan � Section Section Volume O Type Holly "A1" Minor Arterial 95' ROW 100' ROW 17,050 Road Undivided Street 64' paved 64' paved ADT (2015) L cis Richter "C1"Minor 60' ROW 60' ROW Not Street Residential Collector 40' paved 40' paved Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District on 5.512 acres for the construction of commercial and retail uses. The property is on the northeast corner of Holly Road and Richter Street. Development Plan: The subject property is comprised of 5.512 acres. The owner is requesting to rezone the property to the "CN-1" Neighborhood Commercial District in order to construct either office or retail uses. There are no proposed building plans at this time. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 and is vacant land. To the north, adjacent to the property is the Vista Hermosa Subdivision which was platted in 2007 and is zoned "RS-6" Single-Family 6 District. To the south of the property are various light industrial uses in the "IL" Light Industrial District and have been zoned as such since annexation in 1962. To the east is a Dollar General Store that was rezoned to the "CN-1" Neighborhood Commercial District in 2011. Further to the east across Santa Oliva Street, is a property that was also rezoned to the "CN-1" Neighborhood Commercial District in late 2017. To the west across Richter Street is zoned "IL" Light Industrial District and consists of various City of Corpus Christi services. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property will need to be platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN-1" Neighborhood Commercial District is inconsistent with the adopted Future Land Use Map. However, the proposed uses are consistent with past rezoning decisions and with the following policies of the Southside ADP and PlanCC: • Encourage orderly growth of new residential, commercial, and industrial areas (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 Staff Report Page 3 needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • 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). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas (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 to the "CN-1" Neighborhood Commercial District is inconsistent with the adopted Future Land Use Map. However, the proposed uses are consistent with the Southside ADP, PlanCC, 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. • The property is currently vacant and is a remaining "RS-6" Single-Family 6 tract and has never been developed. • Surrounding properties have been rezoned within the past five years indicating a pattern towards neighborhood commercial development. • 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. • Specifically, a Type B buffer yard will be required for the north property line adjacent to the Vista Hermosa Subdivision and on the east property line where the remainder tract remains "RS-6". A Type B buffer yard consists of a 10 foot wide buffer and at least 10 landscape points. Planning Commision and Staff Recommendation (January 10, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Staff Report Page 4 Number of Notices Mailed — 42 within 200-foot notification area = 5 outside notification area 0 U As of January 5, 2018: a= In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 0 inside notification area CL — 0 outside notification area Totaling 0% 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\2018\0118-02 ERF Real Estate,Inc\Council Documents\Staff Report_0118-02 ERF Real Estate.docx gNrq � qHq r L 12 v� SOF47 j'4 S P_ 31 C r� 39 S 7 38 28 � 20 AN�'4 X13 32 8 1 3 CjA ST 5 34 4 15 4725 0 29 40 10 PZ RIS,6 21 v 33 - �. 35 � 6 - 14 41 � UBJE 22�T 23 19 PROPERTY 926 17 16 0 36 42 - 27 A. 18 yQ' 30 11L 11 `Ov CN-1 37 <v' 2 24 G Date Created:12120/2017 0 400 800 Prepared By:JeremyM Feet Department of Development Services CASE: 0118-02 ZONING & NOTICE AREA �m RM-1 Multifamily 1 IL Light Industrial p ~�• RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 '"^'*;., 1\ \•� CN-2 Neighborhood Commercial RS-TF Two �� `� SUBJECT\ CR-1 Resort CommercialRS-15 Single-Family y 15 ^.�, ©S� PRCPER`F^)r ��agoGF CR-2 Resort Commercial RE Residential Estate 55 CG-1 General Commercial RS-TH Townhouse ``� o """' „„ •�� CG-2 General Commercial SP Special Permitob `'"' •`�� CI Intensive Commercial <y CBD Downtown Commercial RN Recreational Vehicle Park / t�,d •� �.,` RMH Manufactured Home � CR-3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park ••®�S ❑Subject Property O Owners _ __ City Of ® with 200'buffer in favor '��,, •��.,� COTpOS 4 Owners within 200'listed on X Owners LOCATION MAP attached ownership table /�in opposition �,•` C�1T'1St1 ,mus c� 00 v AGENDA MEMORANDUM NVORPORP11 1852 Public Hearing and First Reading for the City Council Meeting of February 13, 2018 Second Reading for the City Council Meeting of February 20, 2018 DATE: January 17, 2018 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Rezoning property at 1645 Clare Drive CAPTION: Case No. 1217-01 Rev Ramos. A change of zoning from "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. The property is located at 1645 Clare Drive and described as Woodlawn Estates, Block 5, Lot 1, located on the north side of Williams Drive, east of Airline Road, and west of Rodd Field Road. PURPOSE: The purpose of this item is to allow for the construction of two duplexes totaling four units on-site. RECOMMENDATION: Planning Commission and Staff Recommendation (January 10, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. Vote Results: For: 5 Opposed: 2 Absent: 2 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District to allow for the construction of two duplexes totaling four units on-site. The proposed rezoning to the "RM-1" Multifamily 1 District is inconsistent with the adopted Future Land Use Map. However, the proposed use is consistent with the Southside ADP, PlanCC, and past rezoning decisions. 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 low density residential uses. The proposed rezoning to the "RM-1" Multifamily 1 District is inconsistent with the adopted Future Land Use Map. However, the proposed use is consistent with the Southside ADP, PlanCC, and past rezoning decisions. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (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 Case No. 1217-01: Ordinance rezoning property at 1645 Clare Drive from "RS-6" to "RM-1" and amending the Comprehensive Plan. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Rey Ramos ("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, January 10, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District and on Tuesday, February 13, 2018, 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 Rey Ramos ("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 Woodlawn Estates, Block 5, Lot 1, located on the north side of Williams Drive, east of Airline Road, and west of Rodd Field Road (the "Property"), from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District (Zoning Map No. 041035), as shown in Exhibit "A". Exhibit A, which is a map of the property attached to and incorporated in this ordinance by reference as if fully set out herein in their 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\1217-01 Rey Ramos-1645 Clare\Council Documents\Ordinance_1217- 01_Rey Ramos.docx Page 2 of 2 %S, CGS? O� As•6',�•70 �`�+• 87, � Rs-s v 000 SP181- 1 _ O J 12 vQ' 10 (� 3 15 2 ejRC 11 7 1 SUBJECT tiy000 13 4 PROPERTY O� 40R• 5 RS-g s g RS- TH 8 OOO S� 14 gSpFh wpoo O �� <<Z4 R ��Q bR eFFCy � OO rn R o X Date Created:1112712017 0 400 800 Prepared By:Jerem'yM eet Department of Development Services CASE: 1217-01 ZONING & NOTICE AREA �Cq RM-1 Multifamily 1 IL Light Industrial \ rq�Ucc RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay qo,4 ON Professional Office RS-10 Single-Family 10 �`'•� FSS, RM-AT Multifamily AT RS-6 Single-Family 6 \� Q,pR SUBJECT CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 PROPERTY CN-2 Neighborhood Commercial RS-TF Two-Family �� ea CR-1 Resort Commercial RS-15 Single-Family 15 .v°� os CR-2 Resort Commercial RE Residential Estate •� ° CG-1 General Commercial TH Townhouse Commercial SP Special Peit CG-2 Intensive Commercial RV Recreational Vehicle Park Commercial0P \•�`\... \,\•`'`\y�••••`�., � """"' CBD Downtown Commercial RMH Manufactured Home A v `•v """'"'*„„, ? g CR-3 Resort Commercial FR Farm Rural H Historic Overlay N h BP Business Park wP �` `\ ~•�` j<yRai �. FE-11 Subject Property Owners \, pCity of with 200'buffer O in favor S ~ o<�ROG�\ COI'pUS 4 Owners within 200'listed on X Owners LOCATION MAP attached ownership table Ain opposition Chr1St1 111, J Exhibit A r i Zoning Case #1217-01 Rey Ramos Rezoning for a Property at 1645 Clare Drive City Council Presentation February 13, 2018 Subject Property at 1645 Clare Drive H Q N It u Vicinity flap s co" �. 0 M CJ Zoning Pattern r v rri rit„ :C Staff Recommendation Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1 " Multifamily 1 District. d PLANNING COMMISSION FINAL REPORT Case No. 1217-01 INFOR No. 17ZN1035 Planning Commission Hearing Date: January 10, 2018 a �a o Owner/Applicant: Rey Ramos Cc u Location Address: 1645 Clare Drive 0. u Legal Description: Woodlawn Estates, Block 5, Lot 1, located on the north side of Williams Drive, east of Airline Road, and west of Rodd Field Road. From: "RS-6" Single-Family District _ To: "RM-1" Multifamily 1 District 'E o Cr Area: 0.42 acres N Purpose of Request: To allow for the construction of two duplexes totaling four units on-site. Existing Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Low Density Low Density District Residential Residential _ "RS-6" Single-Family 6 Low Density Medium Density North y District Residential Residential vi "RS-6" Single-Family 6 Low Density Medium Density 0 M South District Residential and Park Residential N -0 _ _ East "RS-TH" Single-Family 6 District Vacant Vacant x Medium Density W "RS-6" Single-Family 6 Low Density Residential and West District Residential and Permanent Open Drainage Space Area Development Plan: The subject property is located within the boundaries 06 of the Southside Area Development Plan (ADP) and is planned for low density cc c uses. The proposed rezoning to the "RM-1" Multifamily 1 District is inconsistent with the adopted Future Land Use Map. However, the proposed use is CL o consistent with the Southside ADP, PlanCC, and past rezoning decisions. Q Map No.: 041035 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 96 c feet of frontage along Clare Drive which is designated as a Local/Residential _- Street and approximately 195 feet of frontage along Williams Drive which is N = designated as a "C3" Primary Collector street. ca L Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume O Clare Drive Local/Residential 50' ROW 50' ROW N/A 28' paved 20' paved L cis Williams "CY Primary Collector 75' ROW 90' ROW N/A Drive 50' paved 50' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District to allow for the construction two duplexes totaling four units on-site. Development Plan: The subject property is 0.42 acres in size. The applicant is proposing the construction of two duplexes totaling four units on-site. The units will be one-story and will be for lease. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District and consists of an existing 960 square foot single-family residence. The subject property was zoned and platted "RS-6" Single-Family 6 in 1946 for the purposes of a single-family residence. To the north, south, east, and west are single- family residences zoned "RS-6" Single-Family 6 District and are part of the Woodlawn Estates and Candlewood Unit 6 subdivisions. Additionally, to the east is a property that was recently zoned in 2016 to the "RS-TH" Townhouse Zoning District for the purpose of six apartment units. 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. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RM-1" Multifamily 1 District is inconsistent with the Future Land Use Map. However, the proposed use is consistent with the Southside ADP, rezoning decisions, and consistent with the following policies of the PlanCC: • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Goal 1) • Promote the stabilization, revitalization, and redevelopment of older neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Goal 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 Goal 1) Staff Report Page 3 • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Goal 3) Department Comments: • The proposed rezoning is inconsistent with the Future Land Use Map. However, the proposed use is consistent with the Southside ADP, PlanCC, 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. • While the future land use for the subject property is designated as Low Density Residential, the surrounding future land use designation is Medium Density Residential. Medium Density Residential is defined as between 4 and 13 units per acre. The proposed four apartment units (two duplexes) are consistent with the surrounding Medium Density Residential designations. • Based on preliminary designs, vehicle access will be restricted to Williams Drive. • A multifamily dwelling project is appropriately located along a designated "C3" Collector roadway. Staff Recommendation and Staff Recommendation (January 10, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. Vote Results: For: 5 Opposed: 2 Absent: 2 Abstained: 0 Number of Notices Mailed — 15 within 200-foot notification area = 5 outside notification area 0 U As of January 5, 2018: a= In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 1 inside notification area CL — 0 outside notification area Totaling 5.38% 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\2018\1217-01 Rey Ramos-1645 Clare\Council Documents\Staff Report_1217-01_Rey Ramos.docx %S, CGS? O� As•6',�•70 �`�+• 87, � Rs-s v 000 SP181- 1 _ O J 12 vQ' 10 (� 3 15 2 ejRC 11 7 1 SUBJECT tiy000 13 4 PROPERTY O� 40R. 5 RS-g s g RS- TH 8 OOO S� 14 gSpFh wpoo O �� <<Z4 R ��Q bR eFFCy � OO rn R o X Date Created:1112712017 0 400 800 Prepared By:Jerem'yM eet Department of Development Services CASE: 1217-01 ZONING & NOTICE AREA �Cq RM-1 Multifamily 1 IL Light Industrial \ rq�Ucc RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay qo,4 ON Professional Office RS-10 Single-Family 10 �`'•� FSS, RM-AT Multifamily AT RS-6 Single-Family 6 \� Q,pR SUBJECT CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 PROPERTY CN-2 Neighborhood Commercial RS-TF Two-Family �� ea CR-1 Resort Commercial RS-15 Single-Family 15 .v°� os CR-2 Resort Commercial RE Residential Estate •� ° CG-1 General Commercial TH Townhouse Commercial SP Special Peit CG-2 Intensive Commercial RV Recreational Vehicle Park Commercial0P \•�`\... \,\•`'`\y�••••`�., � """"' CBD Downtown Commercial RMH Manufactured Home A v `•v """'"'*„„, ? g CR-3 Resort Commercial FR Farm Rural H Historic Overlay N h BP Business Park wP �` `\ ~•�` j<yRai �. FE-11 Subject Property Owners \, pCity of with 200'buffer O in favor S ~ o<�ROG�\ COI'pUS 4 Owners within 200'listed on X Owners LOCATION MAP attached ownership table Ain opposition Chr1St1 � ,m, ` mr „r .,... �� . ., .,.., ..... ' ...... ��,.�...... rsons with disabimlities 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_incaoacidades, clue,tienen la intgn i®n de asistir a 4 I1ue re uieren s,ervici 's es ales se les su lic en aviso 48 h Ihor ntes de la °unta II mando I dei art amento dervicios de desarrollo of num ,rg3 1 826-3240, 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. �j sled dere dlri_ irse a la cammissjon urante la 'unta su in 1e limi#ado, ,favor dg Il m r al deoartamento de servicios de desarrollo al numero (361) 826-3240 at menos 48 horas antes de la junta para solicitar un interprete ser gresente durante la junta. CITY PLANNINGCOMMISSION PUBLIC1NOTICE Rezoning 97- Rey Ramos has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6" Ingle- ily itrict to the "RM-1" ultifil 1 District. resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Woodlawn Estates, Block 5, Lot 1, located on the north side of Williams Drive, east of Airline Road, and west of RoddField Road. 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' January 1 , 2018, 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,TH15 FORM MUST BE F 11 ILLED OUT, SIGNED BY THE CURRENT PROPERTY OWN ER{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. k&t:' Jr accordancewi ' " — th the Planning Commission y=laws, no discussion shall be held by"a"member orr 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. ...r„ -„ ,,,. . --...,....w.w.w.w. ��_ ,�„ ..... Poe...... Printed Name: 0 G '- Address: W ICL C - r v hr q1 �!P 5 Cityltate: , ( } IN FAVOR ( IN OPPOSITION Phone: 361 VO�L- REASON: � 5 i3 0. S� kQ � �vu a `n°0 � m .ou a �O h 15loLl Veco-vse o� ti. lo�`�, ,, ., GES�.,ra f • �m.�¢i,t ��"�' O4GtM`C �}rivi' roc ,nor' Signature SEE MAP ON REVERSE'SIDE o,r, Case No. 1217-01 INFOR Case No.: 17ZN1040 Project Manager:Andrew Dimas Property Owner ID:2 cru. i Email:andrewd2@cctexas.com Atn "l'tiai, IVue II��'I uq i� �l jy apl�a��nl���k A1PA��A..'I" rR u � I nrrrrudiu�mlN �nuv�iridvrr ..:r�r� ry ¢ 6 OBYpp City of Corpus Christi �� m hf� � � a '� ,�ndrr41!IPMI//�l d�ld�✓ri"ra uilal�i�rrrrrr pDept. Development Services P.O.Box 9277 s�Xt�P�lldx � � V Corpus Christi,Texas 78469 d,Af �I, 0 0 0 46 " 29 2017 2 988000050040 SCHULTZ THOMAS ET UX TARA SCHULTZ 1625 CLARE Corpus Christi,TX 78412 R ca. p �, w fir" •� � 7 a ya a e rpt ��� N �1V�„ � "�,, �0��, � � red` I�,, �°� P"�� �,,�� •.,.. do SUBJECt w ' d 2 �i ROPERTY A./ p� O RS, r f R " MS � .. Qo� l a z . w H 00 ..4 i 'IPM�nrhev rob� � CASE: 1217-01w SUBJECT PROPERTY WITH ZONING �s @?vrrppry a j RM a eww mw,VW n tianmsro ......,,, Pull, H w$ w wawa, „,.,,,, " J w m'w, Sl9B.d irk mm �vro " ��tl�EFt a waa�a�a a�rerew �e i�wwy� � ry i � can www r �w»w»xiu w�-Ne GN-� tb0^gM 4` gYmll @li-Ypl''Pmm-S ro ; •AM'kkAll6mewmaamre:Pm aW ...i ro CW N wtwmm"m I"mPa�PaR'leo G�-8 Wwumee:waw AwL W� WwBM1198"' Reeam �, d I� 'M �•�"ky u;e&� �arcwrnll wwuwwawe'�s lC�Tal aa➢ bpw�rmaaP If.'N 0. roarw R;m�rnwrwN&u CSB Nkmw<urkumm�QtlF@'rovreuravc�s4 Plww.nwmlMrovMLL VaNIM&.v wSw>! wY II:W.B �m®OWP Ww�iPB frGNd6 ��^ IlliWromw Flit ea,ro,w�INnror w ""' `'°'r" C�eyesf ore w�llw-&a-m, i a �O r OF _........... ...... .................................,,,, L06ATldN MAA" ChrBre®U 0 mus cgA °° nm o F v "`1852E AGENDA MEMORANDUM Public Hearing and First Reading (Tabled) for the City Council Meeting of January 30, 2018 Public Hearing and First Reading for the City Council Meeting of February 13, 2018 Second Reading for the City Council Meeting of February 20, 2018 DATE: January 2, 2018 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Rezoning for a Property at 8101 Slough Road CAPTION: Case No. 1217-02 Dorsal Development, LLC. A change of zoning from "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. The property is described as being a 19.398 acre tract of land, more or less, a portion of Lot 8, Section 25 and a portion of Lots 1 and 2, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located north of Yorktown Boulevard, east of Rodd Field Road, and west of Roscher Road. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of a single- family home subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (December 13, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single- Family 4.5 District. Vote Results: For: 8 Against: 0 Absent: 1 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 "RS-4.5" Single-Family 4.5 District to allow for the construction of a single-family home subdivision. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District is consistent with the adopted Future Land Use Map, the Southside Area Development Plan (ADP), and Plan CC. 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 "RS-4.5" Single-Family 4.5 District is consistent with the adopted Future Land Use Map, the Southside Area Development Plan (ADP), and Plan CC. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (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 Dorsal Development, LLC. ("Owner"), by changing the UDC Zoning Map in reference to the property described as being a 19.398 acre tract of land, more or less, a portion of Lot 8, Section 25 and a portion of Lots 1 and 2, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to "RS-4.5" Single-Family 4.5 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 Dorsal Development, 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, December 13, 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 "RS-4.5" Single-Family 4.5 District and on Tuesday, January 307 2018, 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 Dorsal Development, 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 being a 19.398 acre tract of land, more or less, a portion of Lot 8, Section 25 and a portion of Lots 1 and 2, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located north of Yorktown Boulevard, east of Rodd Field Road, and west of Roscher Road (the "Property"), from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District (Zoning Map No. 041030), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1217-02 Dorsal Development, LLC\Council Documents\Ordinance_1217- 02_Dorsal Development, 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 , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1217-02 Dorsal Development, LLC\Council Documents\Ordinance_1217- 02_Dorsal Development, LLC..docx Page 3 of 3 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIxoN M. WELSH, P.E.,R.P.L.S. PH. 361 882-5521- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjrCkaol.com e-mail: nixmw1Lu)gmail.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 October 24,2017 10029-M&B RS 4.5-Beck.doc RS-4.5 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 19.398 acre tract of land,more or less,a portion of Lot 8,Section 25 and a portion of Lots 1 and 2,Section 34,Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume"A",Pages 41—43,Map Records,Nueces County,Texas,and being a portion of a 23.62 acre tract of land described by deed recorded at Document No.2016053639,Official Records of said county,said 19.398 acre tract of land as further described by metes and bounds as follows: BEGINNING at the common southernmost corner of said 23.62 acre tract for the southernmost corner of the tract herein described and easternmost corner of a 19.58 acre tract of land described by deed recorded at Document No.2013051241, said official records; THENCE N60058'3 1"W 1102.75'along the common southwest boundary line of said 23.62 acre tract and northeast boundary line of said 19.58 acre tract,northeast boundary line of a 19.56 acre tract of land described as Tract II in Document No. 2012015835, said official records, and northeast boundary line of a 20.02 acre tract of land described by said deed recorded at Document No.2012015835,to a point for the westernmost corner of the tract herein described and southernmost corner of an 11.483 acre tract of land described by deed recorded at Document No.2010027843, said official records; THENCE N28058'40"E partially along the southeast boundary line of said 11.483 acre tract of land 773.75'to a point in the southwest right-of-way of a 40' wide public road known as Slough Road extended for the northernmost corner of the tract herein described; THENCE S61002'22"E 1003.11'along said southwest right-of-way line of 40'wide public road known as Slough Road extended to a point for the northernmost east corner of the tract herein described; THENCE S00°00'52"W 205.77'along an east boundary line of said 23.62 acre tract to a point for the southernmost east corner of the tract herein described; THENCE S28058'43"W 594.92' along the southeast boundary line of said 23.62 acre tract to the POINT OF BEGINNING, a sketch showing said 19.398 acre tract for RS-4.5 Zoning being attached hereto as Exhibit`B". MOF *.19 aa�y ,•!* gyp' pu" um r.s..s•ava. aA r , NIXON M.WEL*a� . ..•y�yay •*a• NIXON M.WELSH,O.L.S. as++ 2211 var t EXHIBIT "A" Page 1 of 1 U Li J 11, 483 AC, TRACT, D❑C, M J J NO. 2010027843, O. R. LO V) DORSAL DEVELOPMENT, LLC ~(1JAW ti N28° 58' 40" E 773. 75' UO Q N -0 Q'J 0 U 0> CL 40' ROAD (SLOUGH C5 0 wn ROAD EXTENDED) N 20' UU O J A J Z u D W ¢moo cj cu M J p 4t ()00 W z To _ SECTION LINE LOT 8, SECT 25 _� _ p >; Ln ca L❑T 1, SECT 34 w L v l!7(1J 0.6 0 `� /� N Ww Ii A mC AL1 O ICU 0 GD z � PG U J O .J QMH mow 9S U .p J N W QML] m 2 J UOQ �(lJ 0 p 0 W LOT 1, SECT 34 Cj2 S 0 LOT 2, SECT 34 S28° 58' 43" W 594, 92' 10. 0 AC, TRACT, DALE "c) HOZ GREENBURG, MARY PAT S GREENBURG & L❑UIS PUGH, JR, , DOC. NO. 1997002749, ❑, R. �Oc' EXHIBIT "B" SKETCH TO ACCOMPANY BASS AND WELSH METES AND BOUNDS DESCRIPTIONS CORPUS CHRISTI, TX ENGINEERING 1" = 200' COMP. NO. EXB-ZONING-4.5 JOB NO. 10029 SCALE: 1" = 200' PLOT SCALE: SAME PLOT DATE: 10/24/17 SHEET 1 OF 1 i Zoning Case #1217-02 Dorsal Development, LLC. Public Hearing and First Reading for Property at 8101 Slough Road City Council Presentation January 30, 2018 1 Aerial Overview r r e 3/ rr r Ijl ��f Subject Property at 8101 Slough Road It N ICIn KI G z :C Zoning Pattern . �,,.,,.r„„ � rriCoftmrrnrta rx�xri iiiiii�rii�Jofrrrrrtrr,rrrrrrrrrr(/iFJfaifs�aoiairlcirfr�rrif�rr�rrrrruriraaakiarfrrrrr III pr(y/iJ,iri�lF.,i�r aJ�,i1... rrr✓ il,�/ �1�,��,rr i�l,%/�1��� / ! %'rl1U/�i r/r! / /�//r� ',, , ^.r^^ ;:, FrG r� ✓Jl +� r'>i/,//.✓rug ,���i/ ���/1//�f/i������1 ����f�f�lr// rl��/f Ids h i r!-•. 'r�/lair �,r � A;,IrirrYrrr„ r/�,�;/.,��� ��;r�f i f�,i�S i����...,;✓� , -/i/rr.,r(,-o���r /r°..!�r,rF f i 3✓�'�/..Ir r�1, � fr,a ,..�/�^.�����/,rr �i//her ���/ ���f, �,. /r/,r,�l/�f„?G,�r/,1,,v/r,�crrrri r / r,I„/r //fi J ��/,ra//,,r�,Ff,• F/r� /,rrr/,f/rrr,/rr�ir�r /�r�rtlrr../i:.✓r/,.xF�rrf A�.r,.,rrr (r., / /,1( �rr./� /�� rr /rll. /r � / �fr >�//I11,/ rr 211 p/a 1, � �t/J r ✓/ �r,r/f� �;rr, r�,, / /,r,rr-,rr.,,� f, /lr�/✓��(rr��r�rrr r/r�(rl✓/.dlF Ir�//�/�/�i,r����/�r lr�1/rr�!/f ���lr/ � �l%/,/ rrir rrr„ ✓rr/'r✓r-rrr ������f��������lr/�r,%�/r1�Gfrf����/lff��f/�����///, f,✓IJ„',^ (rf',//'.//�//„�,ll, %�1%�/�,/r %,// %/G��rwr/ll/ri/I�r/rIF/9%r;rrr / 1����///l ,�r ��%ri flr�rrrr% I 9/�➢t�.��,l�r /%,%//�r-;�/A�i:rAirri fl��,lY..�..rrrir�r�/���%r kdl�ri'I 1 li I /tl 7 Planning Commission and Staff Recommendation Approval of the change of zoning from the "FR" Farm Rural District to the "RS- 4.5" Single-Family 4.5 District. PLANNING COMMISSION FINAL REPORT Case No. 1217-02 INFOR No. 17ZN1041 Planning Commission Hearing Date: December 13, 2017 = Owner/Applicant: Dorsal Development, LLC. as � o Location Address: 8101 Slough Road ._ Legal Description: Being a 19.398 acre tract of land, more or less, a portion of 0. u Lot 8, Section 25 and a portion of Lots 1 and 2, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located north of Yorktown Boulevard, east of Rodd Field Road, and west of Roscher Road. }, From: "FR" Farm Rural District _ To: "RS-4.5" Single-Family 4.5 District 'E Cr Area: 19.398 acres 0 Purpose of Request: To allow for the construction of a single-family home subdivision. Existing Zoning District Existing Land Use Future Land Use Medium Density Site "FR" Farm Rural District Vacant and Residential and Drainage Corridor Permanent Open Space c "RS-6" Single-Family 6 North District and Vacant Medium Density N "RS- TF" Two-Family Residential South "RS-4.5" Single-Family Vacant Medium Density y 4.5 District Residential W East "FR" Farm Rural District Vacant Medium Density Residential West "RS-4.5" Single-Family Vacant Medium Density 4.5 District Residential Area Development Plan: The subject property is located within the boundaries 06 of the Southside Area Development Plan (ADP) and is planned for medium c0a c density uses. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District is consistent with the adopted Future Land Use Map, PlanCC, and the a o Southside Area Development Plan. Q > Map No.: 041030 Zoning Violations: None 0 Transportation and Circulation: The subject property is currently landlocked, L 0 but shares access to Yorktown Boulevard which is designated as an "A3" 0. = Arterial Street. ca L Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume L O C Yorktown130' ROW 165' ROW Boulevard "A3" Arterial Street 79' paved 28' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District to allow for the construction of a single- family home subdivision. Development Plan: The subject property is 19.398 acres in size. The owner is proposing a single-family residential subdivision with approximately 290 units. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District and consists of a vacant property. The subject property was zoned "FR" Farm Rural in 1995 at the time of annexation. To the north is a large tract single family home and zoned "RS-6" Single-Family 6 District, Master Ditch 31, and vacant land. Master Ditch 31 has a drainage right-of-way width of approximately 185 feet and a depth of 5.28 feet. To the east is vacant land zoned "FR" Farm Rural and the Cayo del Oso. To the south are vacant tracts zoned "RS-4.5" Single-Family 4.5 District (part of this proposed subdivision `Azali Estates'), "RM-1" Multifamily District, "RS-TF" Two Family District, and "CG-2" General Commercial District. All rezonings occurred in 2014. The multifamily rezonings are identified on a proposed preliminary plat to serve as apartment complexes. To the west are vacant tracts zoned "RS-4.5" Single-Family 4.5 District in 2014, vacant land zoned "FR" Farm Rural District, and an existing subdivision (Grange Park Unit 1) zoned "RS-4.5" Single-Family 4.5 District. 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. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RS-4.5" Single-Family 4.5 District is consistent with the Future Land Use Map, PlanCC, the Southside Area Development Plan (ADP), and consistent with the following policies of the PlanCC: • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • 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) Staff Report Page 3 Department Comments: • The proposed rezoning is consistent with the Future Land Use Map, the Southside Area Development Plan (ADP) and PlanCC. • Surrounding properties have been rezoned with a pattern towards residential development as recently as 2014. • The Oso Parkway Master Plan requires large lot developments (1 acre or larger) along Oso Parkway with a minimum frontage of 150 feet. Additionally, the Oso Parkway Master Plan requires that lots with frontage on Oso Parkway, or series of lots, such that the average spacing of driveways is 150' or more when averaging both frontages. These issues will need to be resolved at the time of platting. • The subject property is a portion of a proposed 290 unit single-family subdivision. Staff Recommendation and Staff Recommendation (December 13, 20171 Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 9 within 200-foot notification area = 4 outside notification area 0 U As of December 8, 2017: a= In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area CL — 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. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1217-02 Dorsal Development,LLC\PC Documents\Staff Report_1217-02_Dorsal Development, LLC..docx R'S.-6 8 RS-TF 2 7 9 RS's RS-6 -� 6 SUBJECT R PROPERTY 3 4 0 RS-4.5 5 1 RM-1 u T Date Created:1112812017 0 400 800 Prepared B r:JeremyM Fe t Department of Development Services CASE: 1217-02 ��,• y°< ZONING & NOTICE AREA °`ORS `•�^�. RM-1 Multifamily 1 IL Light Industrial ?O RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 \`\, Opp Cayo Del Oso RM-AT Multifamily AT RS-6 Single-Family 6 e SUBJECT CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 PROPERTXr'�"G- CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial `�• 5 �o RS-15 Single-Family 15 �y o•., r� CR-2 Resort Commercial RE Residential Estate °R�rzb �������������������������������� O�eA �`•�� CG-1 General Commercial RS-TH Townhouse �'k9°°° CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park �•. 9�'Oi�c�O CBD Downtown Commercial RVH Manufactured Home CR-3 Resort Commercial FR Farm Rural _ H Historic Overlay �'aaa - ------ °SO Cr,+ BP Business Park FE-11 Subject Property O Owners S / City Of with 200'buffer in favor 4 Owners within 200'listed on X Owners LOCATION COTpUS attached ownership table /�in opposition Chris Resolution authorizing submission of grant application for $265,116 to the State of Texas under the FY 2017 Body-Worn Camera Program with city match of$15,000 cash and $51,279 in-kind services Whereas, the Corpus Christi Police Department has worked with the Nueces County District Attorney in the development of body-worn camera policies, training, and granting access to video evidence; and Whereas, the Corpus Christi Police Department is committed to maintain the cameras and equipment purchased under the grant for at least three years at an estimated cost of$30,000. Be it Resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $265,116 for funding available under the FY 2017 Body-Worn Camera Program for the purchase of body-worn cameras and related items. SECTION 2. The City Council commits to provide for the applicable city match of $15,000 cash and $51,279 in-kind services, for a total project cost of$331,394. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 2 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 SC o� � AGENDA MEMORANDUM v Future item for the City Council meeting of January 30, 2018 NORPgRPEAction Item for the City Council meeting of February 13, 2018 1852 DATE: January 12, 2018 TO: Margie C. Rose , City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com 886-2604 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding eligible under the FY 2017 Body-Worn Camera Program CAPTION: Resolution authorizing submission of grant application for $265,116 to the State of Texas under the FY 2017 Body-Worn Camera Program with city match of $15,000 cash and $51,279 in-kind services PURPOSE: Request grant funding to purchase 150 body worn cameras to add to the existing body worn camera program provided through federal grant funding in 2015. BACKGROUND AND FINDINGS: The City is applying for funding available to aid municipal police departments in establishing or enhancing body-worn camera programs. The grant funds will enhance the federal grant funding provided in 2015 for the purchase of cameras. Applicants may satisfy the 20% match of the total project cost with either cash contributions or in-kind contributions of goods or services that are directly related to the purpose for which the grant was awarded. The cash match will be provided by the Law Enforcement Trust Fund. The in-kind contribution is for a percentage of time of the two employees currently working with the body camera system. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 $15,000 $15,000 BALANCE Fund(s): Law Enforcement Trust Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: SC o� � U NORPgRPEAGENDA MEMORANDUM 1852 Ordinance for the City Council Meeting of February 13, 2018 DATE: February 6, 2018 TO: Margie C. Rose, City Manager FROM: Keith Selman, Assistant City Manager KeithR@cctexas.com 361-826-3898 Ordinance Appropriating $336,960 from the HOT Fund for the Rediscover Corpus Christi and the Coastal Bend Advertising Campaign CAPTION: Ordinance appropriating $336,960 from the Hotel Occupancy Tax Fund for the Rediscover Corpus Christi and the Coastal Bend Advertising Campaign; amending the FY2017-18 operating budget; and declaring an emergency. PURPOSE: The purpose of this item it to amend the FY17-18 budget by increasing expenditures by $336,960 from the Hotel Occupancy Tax Fund for the Corpus Christi Convention and Visitors Bureau (CCCVB) post-Hurricane Harvey advertising campaign. This funding is an advance of the CVB's FY18-19 allocation of funding which will be equally deducted from its allocation at that time. BACKGROUND AND FINDINGS: On January 30, 2018, the CCCVB presented to City Council the effects of Hurricane Harvey on Corpus Christi hotel occupancy and the tourism industry. Due to emergency response to our region in September 2017, hotel occupancy rates were 80% higher than the prior year. The months of October, November and December 2017 also showed increases in occupancy when compared to the previous year. As a result, Hotel Occupancy Tax collections for the 17-18 fiscal year have experienced a significant increase. While hotel occupancy is higher, tourism is down. Attractions such as the Texas State Aquarium and the Art Center of Corpus Christi have experienced significant decreases in projected or real revenues. Restaurants are experiencing the same decrease in revenues. Attractions and restaurants are relying on a profitable Spring Break to recover from the deleterious effects of Hurricane Harvey on their businesses. The CVB has created an advertising campaign called Rediscover Corpus Christi and the Coastal Bend to increase tourism during Spring Break and the summer season. The goal is to advertise to our core tourist markets that the Corpus Christi tourism industry is open for business. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to City policy. EMERGENCY/ NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal City Manager's Office Finance Office of Management & Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $336,960 0 $336,960 Encumbered / Expended Amount 0 0 0 This item $336,960 0 $336,960 BALANCE 0 0 0 Fund(s): Hotel Occupancy Tax Fund Comments: None. RECOMMENDATION: Approve ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE APPROPRIATING $336,960 FROM THE HOTEL OCCUPANCY TAX FUND FOR THE REDISCOVER CORPUS CHRISTI AND THE COASTAL BEND ADVERTISING CAMPAIGN; AMENDING THE FY2017-18 OPERATING BUDGET; AND DECLARING AN EMERGENCY. WHEREAS, the Corpus Christi Convention and Visitors' Bureau (CVB) has created a Rediscover Corpus Christi and the Coastal Bend advertising campaign to assist in increasing tourism following Hurricane Harvey. WHEREAS, additional advertising funds are needed to continue the campaign and bring attention to the area before Spring Break and other common tourist events. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of $336,960 are appropriated from the fund balance reserved for tourism promotion in Hotel Occupancy Tax Fund No. 1030 for the CVB to use for advertising. SECTION 2. That the FY2017-18 operating budget adopted by Ordinance No. 031255 is amended by increasing revenues and expenditures by $336,960. SECTION 3. That the City Manager, or designee, is authorized to execute any documents necessary to provide the funds to the CVB to use for the Rediscover Corpus Christi and the Coastal Bend advertising campaign. SECTION 4. That prior to making any payments to the CVB in FY2018-19 pursuant to any agreement with the CVB that includes contribution of hotel occupancy tax funds, the City shall subtract $336,960 from the annual payment amount. SECTION 5. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 13th day of February, 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor day of ' 2017. Corpus Christi, Texas day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Joe McComb Mayor Council Members The above ordinance 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 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: February 13, 2018 Legistar# 18-0212 Agenda Item: Ordinance appropriating $336,960 from the Hotel Occupancy Tax Fund for the Rediscover Corpus Christi and the Coastal Bend Advertising Campaign; amending the FY2017-18 budget; and declaring an emergency. Amount Required: $336,960 Fund Name Accounting Unit Account Activity Amount No. No. HOT Fund 1030 260326 $336,960 Total $336,960 ❑ Certification Not Required Director of Financial Services Date: .ggus cr� GO � O� H " AGENDA MEMORANDUM NoAPnRAZE° First Reading Item for the City Council Meeting of February 13, 2018 xs�2 Second Reading Item for the City Council Meeting of March 20, 2018 DATE: January 1, 2018 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEllpcctexas.com 361-826-3460 Lease Agreement with The Corpus Christi Ballet CAPTION: Ordinance authorizing the City Manager or designee to execute a ten-year lease agreement with The Corpus Christi Ballet for the property located at 1621 N. Mesquite Street in consideration of monthly rental payment of$400.00. PURPOSE: Lease the Sid Richardson building to The Corpus Christi Ballet for up to two five-year extension options. BACKGROUND AND FINDINGS: The Corpus Christi Ballet has leased the Sid Richardson building since 1996 for $100.00 per month. The new lease provides for an increase in rental payments. The premises will be utilized for the advancement of knowledge, appreciation and enjoyment of ballet programs, exhibits, performances, classes, training and education. The building will also house the administrative offices of The Corpus Christi Ballet, in addition to providing meeting rooms for activities of the ballet or any of its support groups. ALTERNATIVES: Do not approve the lease for the Sid Richardson building. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. 28- Day Delay Required for Lease over Five Years. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): General Fund Comments: The Lease will go into effect MAY 20, 2018. RECOMMENDATION: Approve the lease Agreement with The Corpus Christi Ballet LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance authorizing the City Manager or designee to execute a ten-year lease agreement with The Corpus Christi Ballet for the property located at 1621 N. Mesquite Street in consideration of monthly rental payment of$400.00. 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 ten-year Lease Agreement with The Corpus Christi Ballet for the lease of the Sid Richardson building located at 1621 N. Mesquite Street, Lots 5 and 6, Block 69, Beach Addition, in consideration of monthly rental payment of$400.00. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 THE CORPUS CHRISTI BALLET STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This lease are ("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 Ballet, a Texas non-profit corporation ("Lessee"). WHEREAS, the City is the owner of real property known as the Sid Richardson Building, located at 1621 N. Mesquite Street, Corpus Christi Texas, Lots 5 and 6, Block 69, Beach Addition, together with all improvements thereon ("Premises"); WHEREAS, Lessee has occupied the Premises as a tenant since 1996 and has invested over $250,000 in improvements. Lessee has requested the continued use of the Premises for the purpose of for its operations as The Corpus Christi Ballet, 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 or Lessor 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 or Tenant means The Corpus Christi Ballet. (F) Parks means the City's Park and Recreation Department. (G) Premises means the Sid Richardson Building, located at 1621 N. Mesquite Street, Corpus Christi Texas, Lots 5 and 6, Block 69, Beach Addition, 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 advancement of knowledge, appreciation and enjoyment of the dance arts including but not limited to programs, exhibits, performances, promotions, classes, training, and education in the dance arts. Lessee may maintain its administrative offices within the Premises and provide meeting rooms for the activities of Lessee or any of its support groups. 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 ten (10) year term which begins sixty-first day after final City Council approval, unless sooner terminated as set out herein. This lease may be extended for up to two additional five (5) year terms upon written agreement of the City Manager and Lessee. Section 4. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS 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. Section 5. Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, as follows monthly rents as follows: $400 per month. (B) The monthly rent increases by 10% at the beginning of each five-year extension term. (C) All rental fees 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. W Section 6. Construction of Improvements. Tenant will not make, or permit to be made, any structural improvements to the Premises without the prior written consent of the City Manager or designee which consent shall not be unreasonably withheld. Any structural improvements to the Premises made by Tenant will become the property of Lessor. Prior to commencing structural improvements to the Premises, Lessee shall coordinate with the Director of Parks and Recreation to verify that Lessee has sufficient funds on hand to complete any planned improvements, ("Improvements"), will comply with City permitting process, and will obtain prior approval from the Director of Parks and Recreation regarding any work at the Premises. The Director of Parks and Recreation shall timely review the request and approve, modify or deny within 30 days of Lessee's request. Tenant, at Tenant's expense, shall have the right to make minor (non-structural) enhancements to the Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, equipment, dance flooring and other temporary installations (such items shall not be deemed fixtures) in and upon the Premises, and fasten the same to the premises. All such personal property, equipment, dance flooring, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease to or placed or installed on the Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by the City. Tenant shall have the right to remove the same at any time during the to of this Lease provided that all damage to the Premises caused by such removal shall be repaired by Tenant at Tenant's expense. Lessee shall require the contractors who are awarded contracts for construction of the structural improvements to furnish performance and payment bonds as required by State law. 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 over $50,000 for structural improvements to furnish insurance in such amounts as specified in the attached Exhibit. Lessee agrees that the Director of Engineering Services or designee, as well as the Director of Parks and Recreation 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 that all work performed shall be done in full compliance and in accordance with aII 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, workmen and/or other persons for all work performed and for materials furnished 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 aIl ow 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 Agreement 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, as provided in this Agreement, and the cost of construction of the Improvements shall be borne solely by the Lessee at no expense to the City whatsoever. Lessee shall pay all taxes, special assessments, or levies, if any, assessed against the Premises or Improvements. Upon completion of the Improvements, Lessee shall donate them to the City upon acceptance by the City Director of Parks and Recreation. 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. (B) 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. 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 leased premises; (b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee. Section 9. Maintenance. City will maintain the lawn of the Premises at its own expense, excluding any garden or landscaping which will be maintained by Lessee. Lessee will repair and maintain, at its sole expense, any structures and any other improvements on the Premises, all fixtures connected therewith, all personal property thereon, exterior walks and driveways, and all other areas which City has not agreed to maintain under this Lease. Maintenance shall be of such quality as to maintain the Premises in a first-class condition, consistent and in harmony with the standard of improvements on properties leased by City to other tenants in the area. Lessee shall not undertake exterior construction, remodeling, redecorating, or signage beyond normal maintenance without prior written consent of the City Director. Lessee shall obtain, at its own expense, all 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) Lessee and the City shall share in the utilization of the parking lot directly behind the Premises. 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. 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, I9 employers, partners, joint venturers, or associates of one another. Thee loyees oragents of either party shall not be, nor be construed to be, the employees ora of the other party for any purpose whatsoever. Section 15. Insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the to of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit, is is incorporated in this Lease by reference. (B) The Certificate of Insurance must be sent to the 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 to 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. (D) 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 structural improvements, in, on, orabout the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration wiII 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 insurance including windstorm and flood insurance on the building. City reserves the right to determine the insurance coverage amounts and also the deductible amounts. 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 all 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 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 7 them, of any law, rule, rlti ri c , or governmentr ipertaining, directly r indirectly, i ; exercise rights i t act r omissionofficers, employees, representatives or of Indemnitees, r any of them, pertainingthis including all expenses of litigation, court costs, and attorneys' fees, whicharise, r are claimedi r in connectioni the asserted or recovered incident. agreesLessee covenants and if City is made a party to any litigation aga or i litigatir than Lessee relating to this shall,Lessee upon receiptI tic regarding commencement of litigation, expense,its own investigate a11 claimsto their settlement or other disposition, defend City in all actions based thereon legal counsel satisfactory City, and pay all chargesr ll other costs and expenses of any kind whatsoever arising from any si i i " , i , claim ti extentexcept to the of City'snegligence. Section I r i . ( ) Lessee agrees not to harm the Premises beyond normal wear and tear. 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, if not removed by Lessee at any termination or cancellation hereof, become the property the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed Lessee upon termination and shall become the property of the City. Section i . ( ) Other than signs already existing as of the date of this Lease, 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 theDirector's prior written approval. City Director shall review such requests and respond within 30 days of Lessee's request. Notwithstanding the above, City recognizes that Lessee utilizes marquis t the front of the building to advertise its upcoming productions Lessee i not required to seek City's consent to continue to do so so long as any signage does not block the public use of the sidewalk. ( ) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within thirty ( ) days of Director'swritten mad, City may do or cause the work to be done, and Lessee will pay City's costs thin thirty ( 0) days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon thirty ( ) days written notice to Lessee. Section u I 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. Lessee shall not, in whole or in 8 part, assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City. Written consent orapproval shall not be unreasonably withheld by Lessor. Section 20. Early Termination of Lease. (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' notice 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 thedate specified in the notice. Such notice period shall be a minimum of 30 days, unless the default is uncurable or represents a danger to health and safety. (C) In the event that Lessee determines in its best interest to relocate, then Lessee shall provide written notice of early termination of the lease to the City. Lessee agrees to provide at least 90 days' advance written notice to the City of early termination of the I ease. Such early termination shall not be considered an event of default. (D) In the event the City Manager determines in City's best interest to sell the Premises prior to the expiration of the Lease, then City Director of Parks and Recreation shall provide Lessee with written notice when the property is for sale. This Lease may be terminated early by the it , without penalty orobligation to Lessee, upon minimum of 90 days' advance written notice of early termination due to sale of the Premises. If the City receives a bona fide offer to purchase the Premises, the City shall give Tenant written notice of the offer to purchase. Such notice shall state the to and conditions under which the City intends to sell its interest. For sixty (60) business days following the giving of such notice, Lessee shall have the option to offer to purchase the Premises at the same price and under the same terms as stated in the notice subject to acceptance by the City, in accordance with applicable law. Section 21. No debts. Lessee shall not incur any debts orobligations on the credit of the City during the to 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. (B) Notice deposited with the United States Postal Service in the manner described above wiII 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: IF TO LESSEE: City of Corpus Christi The Corpus Christi Ballet Park and Recreation Department Attn: Executive Director 9277 1621 N. Mesquite Street Corpus Christi, Texas 78469-9277 Corpus Christi, TX 78401 Attn: Director of Park and Recreation (D) Either party may change the address to is notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (1 0) 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 toemployment 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 her 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. 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 to or provisions hereof. Section 29. Casualty. If the Premises become damaged due to any event including but not limited 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 all 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 it 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 Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's site at httD://www.cctexas.com/govemment/citv-secretaDL/conflict- disclosure/index. Section 31. 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 32. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or thea plication 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 to 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 thedefinite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or or 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 nota ct 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 is shall be considered an original, on the of 12018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Margie C. Rose City Secretary City Manager APPROVED AS TO LEGAL FORM this_day of 2018. By: Lisa Aguilar Assistant City Attorney for City Attorney tz ® The C pus ris i Ballet By: Name- Title: 7-1 Date: EXHIBIT 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 Pisk 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 Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence - aggregate In or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence mClUdingr $2,000,000 Aggregate I. Commercial Broad or 2, Premises-Operations 3. Products/Completed Operations 4. Contractual Liability 5, Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2, Hired and Non-Owned 3. Rented[Leased WORKI",RS'S COMPENSATION Statutory and complies with Part H oft is (All States Endorsement if Company is not Exhibit domiciled in Texas) Employers Liability $500,000/3500,0001500,000 d-41 C. In the event of accidents of any kind related to this contract, Contractor must fumish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11. ADDIT MENTS 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 tote Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address, City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy-, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy-, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City-, and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. I li 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 or 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 I 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. SC v AGENDA MEMORANDUM /ryCORPO 1p First Reading for the City Council Meeting of February 13, 2018 x852 Second Reading for the City Council Meeting of February 20, 2018 DATE: January 12, 2018 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEllpcctexas.com 361-826-3464 Appropriate Funds from the Sale of Park Properties CAPTION: Ordinance appropriating $1,788,500.16 from sale of park properties into the Community Enrichment Fund for park improvements and related projects. PURPOSE: To appropriate $1,788,500.16 in funds from the sale of park properties in the 4720 Community Enrichment Fund for park improvements and other related projects. BACKGROUND AND FINDINGS: In October 2012, the Parks & Recreation Master Plan was approved by City Council and identified 27 parks to be repurposed by means of adoption, lease, transfer to another government entity, sale or allowing them to return to a natural state. Three (3) of 27 were repurposed and/or adopted shortly after the plan was approved. June/July 2014 - Public hearings were held at City Council to place the remaining 24 parks on the ballot for approval of voters to sell. During this time, seven (7) additional parks were adopted or transferred to another agency for maintenance and removed from list to be considered by voters. Ballot language for Proposition 3 — Sale of City Parkland for the remaining 17 parks was established. September 2014 - City Council passed a resolution on September 16, 2014, Enactment No. 030278, which provided that the proceeds from the park sales may only be used to improve existing city parks in accordance with the Parks and Recreation Master Plan. The master plan was enacted by City Ordinance 029640 in 2012. In November 2014, voters approved Proposition 3 to authorize the city to list designated park properties for sale. In early 2015, the City elected the vehicle for selling the properties would be to list them with a licensed real estate broker and negotiate the highest cash offer for each property. Three parks (Caribbean, Kosar and Breakwater) were removed from the list because leases or sales with governmental entities are being explored. The Clower Company (TCC) was identified through the request for qualification process to represent the City in the transactions. The properties were listed for sale in a multiple listing service on January 24, 2016. To date, seven parks have sold: Durant Park, Mt. Vernon Park, Acushnet Park, Fountain Park, Peary Park, Willow Park and Parklane Park. Acushnet, Fountain, Peary, and Willow Park were appropriated on March 28, 2017, Ordinance Enactment No. 031099. Parklane Park, sold in the previous fiscal period, FY15-16. The funds for that park, $113,956.10, were appropriated on January 31, 2017, Ordinance Enactment No. 031054. The total parks sales to date are $2,667,910.19. ALTERNATIVES: Do not accept and appropriate the funds. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must accept and appropriate funds. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures Future 2017-2018 (CIP only) Current Year Years TOTALS Line Item Budget $1,195,225.19 $1,195,225.19 Encumbered/ Expended Amount $226,216.48 $226,216.48 This item $1,788,500.16 $1,788,500.16 BALANCE $2,757,508.87 $2,757,508.87 Fund(s): The No. 4720 Community Enrichment Fund was established to record revenues and expenditures for park land acquisition, park development and improvement of parks. Comments: None RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance, Exhibit A Ordinance appropriating $1,788,500.16 from sale of park properties into the Community Enrichment Fund for park improvements and related projects. 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 all documents necessary to appropriate $1,788,500.16 funds from sale of park properties in the 4720 Community Enrichment Fund for park improvements, and other related projects as described on the attached and incorporated Exhibit A. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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, this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus Christi 4720 Community Enrichment Fund-Revenue only Park Sale Funds Exhibit A Account# Org.# Description Unappropriated Appropriated Designated Park Projects Park Sale Amount Park Sales 343590 21300 Sale of City Property-Durant Park $ 121,965.52 Dolphin,S.Bluff,Academy,Hudson, 343590 21300 Sale of City Property-Mt.Vernon Park $ 1,666,534.64 Collier,Lions,Glen Arbor,Kingston,Pebble, Schanen,Dan Whitworth,Cullen,St. Andrews,Brockhaiupton,Sugar,Alexander and various Major Investinent/Neighborhood Parks TOTAL PARK SALE APPROPRIATION: S 1,788,500.16 Appropriated January 31,2017: Parklane Park $ 113,956.10 Major Investinent/Neighborhood Parks Appropriated March 28,2017: Acushnet Park $ 619,683.50 Schanen IVB Trail: Breckenridge, Middlecoff,Crestmont Fountain Park $ 65,848.30 West Haven and Moody Parks Peary Park $ 33,415.05 Paul Jones Sports Complex Willow Park $ 46,507.08 Thebeau Park TOTAL PARK SALES TO DATE: S 1,788,500.16 S 879,410.03 SC AGENDA MEMORANDUM CORPOR PP`EFirst Reading Ordinance for the City Council Meeting of February 13, 2018 N x852 Second Reading Ordinance for the City Council Meeting of February 20, 2018 DATE: January 17, 2018 TO: Margie C. Rose, City Manager THRU: Sylvia C. Trevino, Assistant City Manager FROM: Gilbert Hernandez, Municipal Court Services Director Gilbert Pcctexas.com (361) 826-2540 Appropriating $27,347.83 from the unreserved fund balance in the No. 1035 Municipal Court Building Security Fund. CAPTION: Ordinance appropriating $27,347.83 from the unreserved fund balance in the No. 1035 Municipal Court Security Fund for Security Guard Services; amending FY18 Operating Budget. PURPOSE: This item is to provide funding for Premier / Force One invoices that resulted from two contract extensions, and for incidentals on the new service agreement and current vendor SecOps. The incidentals include additional hours needed and extended hours during the warrant roundup. BACKGROUND AND FINDINGS: During the Security Service Agreement BID process, the Municipal Court's service agreement with Premier / Force One was extended two times; to October 3, 2017, and to November 3, 2017. They provided their service until November 10, 2017. The appropriation will be used to pay for the extensions, and incidentals for the current service agreement. The Court's Security Fund 1035 is a Special Revenue Fund and are restricted for Municipal Court Security purposes. ALTERNATIVES: N/A 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: Municipal Court FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $ $ $ Encumbered / Expended Amount $ $ $ This item $ $ $ BALANCE $ $ $ Fund(s): Security Fund Comments: The outstanding invoices for the prior contractor are $15,347.83; however, an amount of $12,000.00 is being added for incidentals in the new contract with SecOps, for a grand total not to exceed $121,347.83; funding is budgeted in FY2017- 18. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Premier/ Force One service agreement amendments. Ordinance appropriating $27,347.83 from the unreserved fund balance in the No. 1035 Municipal Court Security Fund for Security Guard Services; amending FY18 Operating Budget BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That $27,347.83 from the unreserved fund balance in the No. 1035, Municipal Court Security Fund is appropriated to for the payment of Security Guard Services to former contractor Premier / Force One in the amount of $15,347.83 and for incidentals in the current service agreement with vendor SecOps in the amount of $12,000.00. The incidentals include additional hours needed and extended hours during the warrant roundup. SECTION 2. The FY 2017-2018 operating budget adopted by Ordinance No. 031255 is amended by increasing expenditures by $27,347.83. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SC Amendment City of Corpus Christi 1852 ---' Purchasing Department Date: May 12, 2017 Service Agreement No.: Amendment No. 1 Service Agreement Current Value: $180.992.00 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, Deacon 10. LLC dbo Premier Protective Servicea, GL Euclid, Ohio, hereinafter referred to as the C|ontnactor, do hereby Dl8he and enter into this Amendment which, together with the Q8rViCg AoFe8OOeDt NO. 024 and all other duly executed Amendments, constitutes the entire agreement under the above-referenced Service Agreement between the City and the Contractor. |. This Amendment modifies the Agreement performance dates under the above-referenced service mgreement, effective through the end date of the above-referenced service agreement: 1. Currgnt/\greamSntPerfnnngDcgDoteS - 80/03/2016-06V02/2017 2. Revised Agreement Parformonoe [}ates - 06V03/2017-10/03/2017 The Va|U6 Of this O08DdnleDt is $53'064.00, therefore the full value of this Service Agreement is $214'650.00. The Contractor and the City agree to and shall abide by all terms and conditions of the original Service Agreement and any Amendments to that Agreement, to the extent they are not in conflict with the terms Ofthis Amendment, �� / Neal Alexander Date Va � P�d[8�� 0�11 � ' [)88Con 10' LLC Procurement Manager dbaPremier Pn}16tecUv9Services City 0fCorpus Christi, Texas SC Amendment City mfCorpus Christi ---- Purchasing Department Date: September 29, 2017 Service Agreement No.: Amendment No. 2 Service Agreement Current Value: $214.058.00 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City. Deacon 10. LLC dba Premier Protective Sarvices, Gt. Euclid, {}hio, hereinafter referred to as the Con1ractor, do hereby make and enter into this Amendment which, together with the Service Agreement No. 024 and all other duly executed Arnondnnents, constitutes the entire agreement under the above-referenced Service Agreement between the City and the Contractor. |. This Amendment modifies the Agreement performance dates under the above-referenced service Gg[8ernmnt. effective through the end d8bB Of the above-referenced service agreement: 1. Current Agreement Performance Dates - 08/03/2017-10/03/2017 2. Revised Agreement Performance Dates - 10/04/2017-11/03/2017 The V@|U8 Of this aO0end08Di is $13,416.00. (herefore the full value of this S8P/iC8 AQRge[D8nt is $228,072.00. The Contractor and the City agree t0and shall abide byall terms and conditions 0fthe original Service Agreement and any Amendments k) that Agreement, to the extent they are not in conflict with the terms Ufthis Amendment. �cr - �- /� Neal Alexander Dote W1ahaPeUraaa V Date Deacon 1O. LLC Procurement Manager db@Premier PnJ16teCbveServices City OfCorpus Christi, Texas Trial Balance GL291 - Date 01/26/18 Company 1 - City of Corpus Christi USD Base Currency Page 1 Time 15:58 Trial Balance Amounts For Period 1 Through 12 Ending September 30, 2018 Fiscal Year 2018 1035 10351,1 Account Nbr Description Beginning Balance Debit Activity Credit Activity Ending Balance 111600-0000 Cash in bank-pooled 152,296.30 27,001.96 35,722.80 143,575.46 251850-0000 Unapprop fd bal/Ret earnings 132,296.30- 132,296.30- 260000-0000 Reserved for encumbrances 6,000.00- 6,000.00- 273500-0000 Assgn for subsequent yrs exps 14,000.00- 14,000.00- 329080-0000 Municipal Court - bldg securit 0.00 166.99 26,513.50 26,346.51- 340900-0000 Interest on investments 0.00 414.97 414.97- 340995-0000 Net Inc/Dec in FV of Investmen 0.00 240.48 240.48- 520130-0000 Maint & repairs 0.00 6,000.00 6,000.00 530000-0000 Professional services 0.00 29,722.80 29,722.80 *** Totals 0.00 62,891.75 62,891.75 0.00 US ....'::: .. nR,owa,f9 AGENDA MEMORANDUM xs.W First Reading Ordinance for the City Council Meeting of February 13, 2018 Second Reading Ordinance for the City Council Meeting of February 20, 2018 DATE: January 24, 2018 TO: Margie C. Rose, City Manager FROM: Keith Selman, Assistant City Manager KeithseCa)cctexas.com (361) 826-3232 Approving the 2017 Amendments to the TIRZ#2 Amended Project and Financing Plans CAPTION: Ordinance approving the amendments to the Tax Increment Reinvestment Zone #2 amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas. PURPOSE: The purpose of this item is to approve the amendments to the Tax Increment Reinvestment Zone #2 amended Project Financing Plans for the construction of two bridges on Park Road 22, the use of Zone funds to reimburse administrative costs, repairs of the Packery Channel revetment damaged by Hurricane Harvey, and to include additional funds for previously approved projects. BACKGROUND AND FINDINGS: On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a Tax Increment Financing District and associated Tax Increment Reinvestment Zone #2 covering portions of North Padre Island and Mustang Island. The dollars claimed by the Tax Increment Financing District were to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project carried out by the U.S. Corps of Engineers and now known as the Packery Channel. On February 21, 2017, the TIRZ #2 board met and approved the amendment of using funds from TIRZ #2 to support the construction of two one-way bridges spanning Park Road 22. The TIRZ #2 Board met on August 22, 2017 to approve amendments to the revised TIRZ #2 Project and Financing Plans regarding the use of zone funds for administrative costs. Before the amendment could be brought to Council, Hurricane Harvey inflicted damage to the Packery Channel. The damage was assessed and funding for repairs was brought to the TIRZ #2 Board in another amendment on December 19, 2017. This ordinance approves all amendments that have been approved by the TIRZ #2 Board. The amendment approved in December allows for repairs of the Packery Channel revetment damaged by Hurricane Harvey, replacement of signs following Hurricane Harvey, installation of ISAC recommended Mobi-Mats, and construction of a Pavilion at boat ramp parking lot, and pavilion like structures on north and south side of jetty. The ISAC approved these new projects on November 6 and December 5, 2017. ALTERNATIVES: Deny any or all of the project plan amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY/ NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Island Strategic Action Committee "ISAC" City of Corpus Christi Engineering Department City of Corpus Christi Finance Department City of Corpus Christi Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund: Fund 1111 Reinvestment Zone No. 2 Fund Comments: NA RECOMMENDATION: Approve all amendments to the Plan as previously approved by the TIRZ #2 Board. LIST OF SUPPORTING DOCUMENTS: Ordinance Tax Increment Reinvestment Zone #2 City of Corpus Christi Project and Financing Plans amended December 19, 2017 Six Pack Projects amended December 19, 2017 ORDINANCE APPROVING THE AMENDMENTS TO THE TAX INCREMENT REINVESTMENT ZONE #2 AMENDED PROJECT & FINANCING PLANS APPROVED BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, CORPUS CHRISTI, TEXAS. WHEREAS, in 2000, through Ordinance 024270, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," over a portion of the City on Padre Island; WHEREAS, Ordinance 024270 included a preliminary reinvestment zone financing plan; WHEREAS, on September 29, 2009, the City Council passed Ordinance 028329, which approved the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Plan"); WHEREAS, the Plan was last amended on April 25, 2017; WHEREAS, on February 21, 2017, August 22, 2017, and December 19, 2017, the Board of Directors of Reinvestment Zone Number Two took action to approve amendments to the language of the Plan; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the Board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the amendments to the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas ("the Plan") for the Reinvestment Zone Number Two, Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Two on February 21, 2017, August 22, 2017, and December 19, 2017. A copy of the Plan is attached hereto and incorporated as "Exhibit A." That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20177 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 , 20177 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, this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor TAX INCREMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI PROJECT AND FINANCING PLANS (Revised 09/29/2009; Amended 03/22/2011; 09/13/2011; 10/29/2013, July 22, 2014, JI „IIS„p„°G„g„rkii°„! r jr rU;V`Il a', The Tax Increment Reinvestment Zone #2 Project Plan) (Plan) (last revised and/or amended on .. ii"`....20,1'', 2 ,1'',7 by adding 2/28/17) is amended to update and revise the Plan this .:j.. 1...".....day of III...........:.:......:)eceiir11bei .....:......:....... ... ... the Illollld urd uurdcui lllliiurcd tcxt as shown: ..................................................................................................................................... REINVESTMENT ZONE PROJECT PLAN This Project Plan identifies the improvements and planned expenditures that may be funded by tax increments generated within Tax Increment Reinvestment Zone #2, City of Corpus Christi ("TIRZ #2). No tax increments for new expenditures authorized by this Project Plan may be expended if the tax increments are required to fund any obligations incurred by the North Padre Island Development Corporation prior to the date of the adoption and approval of this Project Plan. On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a tax increment financing district covering portions of North Padre Island and Mustang Island. This tax increment financing would be used primarily to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project ("Packery Channel project"). Then on June 27, 2000, the City Council approved the preliminary Project and Financing Plans, and notified other taxing jurisdictions of its intention to create a tax increment reinvestment zone. A notice of a public hearing on the creation of the zone was published on August 22, 2000, and the public hearing was held on August 29, 2000. On August 29, 2000 the City Council passed the first reading of the ordinance that established TIRZ #2. Ordinance 024270, which established TIRZ #2 was formally adopted after being passed on the second reading on November 14, 2000. Subsequently on October 8, 2002, the City Council approved Resolution 025040, which established the North Padre Island Development Corporation ("NPIDC"). The NPIDC was created to aid, assist, and act on behalf of the City and TIRZ #2 in performing governmental functions to promote the common good and general welfare of the City, including the area within the TIRZ #2 zone. Then on February 25, 2003, the NPIDC, TIRZ #2, and City Council authorized an agreement by and among the City of Corpus Christi, Texas; Reinvestment Zone Number Two, City of Corpus Christi; and the North Padre Island Development Corporation, dated February 1, 2003. This agreement commonly referred to as the "Tri-Party Agreement" spells out the responsibilities of each of the parties in the administration and financing of TIRZ #2. The three entities also recommended, authorized, and approved the Project and Financing Plans for TIRZ #2 on February 25, 2003. The initial Project Plan and Financing Plan basically addressed the funding of the City's share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project. The Packery Channel project had been discussed and studied over a number of years. The project involved the placement of sand in front of the concrete Padre Island Seawall to restore the beach and protect the seawall. The sand was to be taken from the dredging and channelization of a reopened Packery Channel. The Packery Channel project also consisted of long jetties, walks, mitigation, public facilities, and reserve for long-term maintenance. The estimated cost of the Packery Channel project was approximately$30 million. Packery Channel Project Plan Amendment Page 1 of 8 The Packery Channel project was included in Section 556 of the Water Resources Development Act of 1999. The Act also required the U. S. Army Corps of Engineers (USACOE) to undertake two studies: (1) to determine if the project is environmentally acceptable and (2) to determine if the project is technically sound. A relatively small amount of money was made available by the Federal government for the studies. The local share of the project, which was estimated at approximately $10.5 million, could come from tax increment financing. This type of financing was authorized by a State Constitutional Amendment. The basic theory of tax increment financing is that"the construction of certain public improvements will generate higher tax revenues due to additional private development." The concept of tax increment financing is "but for the construction of the public improvements, the higher tax receipts would not occur." In this particular case, the City believed that completion of the project would result in significantly increased taxes through both new private investment and increases in the existing tax values. The preliminary financing plan that was adopted by the City Council, when it authorized the creation of TIRZ #2, called for funding $10.5 million as the City's share of the Packery Channel project, plus $750,000 for construction of the parking lot on the Padre Island concrete seawall. The estimates in the preliminary financing plan were refined, and the Project and Financing Plans, dated February 1, 2003, estimated that $12,000,000 in debt would be needed to complete the initial project costs. The plans identified $3,000,000 in surplus tax increments or bonds for secondary development improvements,which included the construction of seawall parking lot and $2,000,000 for a "parks & recreation center." A copy of the projected project costs from the 2003 plans is attached to and incorporated into this plan as Exhibit A. ,,..oad 22 us added ui1;4Q,IIYe �Guruu �l'���� �r, � ......11 a ruuh� ilii�luh������.ili�Q,..... Under§311.011(b)(1), Texas Tax Code, the Project Plan must have a map showing existing uses and conditions of real property in the zone, and a map showing proposed improvements to and proposed uses of that property. A map of TIRZ #2 is attached as Exhibit B, and is incorporated into this plan. A map of the current land uses within TIRZ#2 and the surrounding area is attached as Exhibit C, and is incorporated into this plan. A map of the current zoning within TIRZ #2 and the surrounding area is attached as Exhibit D, and is incorporated into this plan. A map of the future land uses within TIRZ#2 and the surrounding area based on the City Comprehensive Plan's Future Land Use Plan, adopted May 24, 2004 (Ordinance 026278), is attached as Exhibit E, and is incorporated into this plan. The Island Action Group Capital Improvement Priorities Report, dated 10/14/2005, which identifies needed capital improvements on Mustang and Padre Islands, including the areas within TIRZ #2, has been reviewed to identify improvements that could be funded through the tax increments developed within TIRZ #2. Exhibit F is a map showing specific projects that are included in this Project Plan. That exhibit is incorporated into this plan. All of the specific projects are situated on public land and involve recreational use and activities. III',:)uc to dournoc ic caused iourvcdMo I')a6kco Cllhaininecll urcvcturuneint u t liis needed oiu Under §311.011(b)(2), Texas Tax Code, the Project Plan must address proposed changes of zoning ordinances, the master plan of the municipality, building codes, other municipal ordinances, and subdivision rules and regulations, if any, of the county, if applicable. While the City is in the process of adopting a unified development code that will replace the current zoning and platting ordinances, there are no substantive changes being recommended that would Packery Channel Project Plan Amendment Page 2 of 8 affect TIRZ #2. At the time of adoption of this Project Plan, there are no pending cases to rezone properties within TIRZ #2. The City is considering rezoning portions of the property that it leases from the Texas General Land Office ("GLO"). As a condition of the GLO lease, the City is required to prepare a development plan for any commercial development on the leased property. While a draft Packery Channel development plan has been prepared and presented to the City Council, Planning Commission, GLO, Nueces County Parks Board, Nueces County Dune Committee, and City Beach Advisory Committee, for incorporation into the Mustang Padre Island Area Development Plan, the City Council has not officially adopted the plan, and the City is discussing features of the proposed plan with the GLO. The City will propose rezoning to match the needs identified in the Packery Channel development plan. The City is working with GLO on the voter approved proposed changes to Chapter 10, Code of Ordinances, which contains the City's GLO approved beach and dune rules. This proposed change addresses driving on the beach seaward of the concrete Padre Island seawall, and the installation of bollards on the beach seaward of the concrete seawall and between the seawall and southern Packery Channel jetty. There are no other proposed changes to the City's beach or dune permitting rules. However, the Nueces County Beach Management Committee has recommended approval of the changes to their beach management regulations. The Nueces County Commissioners' Court has not approved the changes, and they have not been sent to the GLO for public comment in Texas Register. Under §311.011(b)(3), Texas Tax Code, the Project Plan must contain a list of estimated nonproject costs. The City has been trying to obtain additional Federal funding to cover some of the costs of the recreational enhancements within the North Padre Island Storm Damage Reduction and Environmental Restoration Project and repairs to storm damage from Hurricane Ike. The City will also seek grants and other funding opportunities from the State of Texas and others to offset some of the costs identified in this Project Plan. The level of that funding, if any, that can come from Federal, State, or other funding sources is not known. To the extent Federal, State, or other funding is received, the amount of tax increments that need to be dedicated to completing these improvements will be reduced. Under §311.011(b)(4), Texas Tax Code, the Project Plan must contain a statement of a method of relocating persons to be displaced as a result of implementing the plan. None of the proposed improvements should result in relocation of any person; therefore this requirement is not applicable to the implementation of this plan. REINVESTMENT ZONE FINANCING PLAN Under §311.011(c)(1), the Reinvestment Zone Financing Plan must contain an Estimated Project Cost Description, and under §311.011(c)(2), it must describe the Kind, Number, and Location of TIRZ Improvements. Under this Revised Project Plan and Reinvestment Zone Financing Plan, the following improvements and activities may be funded from current available revenues: Packery Channel Project Area Improvements: Subject to the availability of the estimated funds in the TIRZ#2 tax increment fund and funding from the Federal Government as authorized by the Water Resources Development Act, construction of the improvements in the TIRZ#2 referendum Packery Channel Project Plan Amendment Page 3 of 8 voter information sheet and Phases 3 — 7 Packery Channel public recreational improvements and amenities shown on the engineering drawings referred to as the Packery Channel "Six Pack," which is incorporated into this Project Plan as Exhibit G. The engineering cost estimate for the Phases 3 — 7 has been revised and is shown in Exhibit H. wlll liiclh olllso liiin6lludos ostl ii notes aind dotoliillls u1 ou out dliiurmu i d tlllie III'Ioolll oul Clllmourmurmolll ulovoturunourmt uloliiurnlll u�uulsournourmt u1oMoot. Construction of the Phase 4 ADA ramps is contingent upon approval of the General Land Office of the installation of temporary hard parking surfaces for parking for the disabled on the beach at the end of the ADA ramps and will be constructed with Phase 3 if approved. Yearly Miscellaneous Improvements required for support of Packery Channel, exclusive of the previously identified capital projects Phases 3 though 7, could include periodic surveys of channel conditions, shoreline, and jetty revetments, access to beach and sand redistribution are proposed to be budgeted on an annual basis pending the availability of funds. These Yearly Miscellaneous Improvements specifically include routing, monitoring, and surveys of the Packery Channel and the Gulf beach. Operation of a marine patrol to reduce shoreline erosion along Packery Channel, specifically along the Mollie Beattie Preserve pending the availability of funds. ���II li� , urr„ma Ilurrn °' OIIo �6�IIrU I`u„�rllr� °, � 6�„II uf�n� Il�u��0 uf�60�; Illuu�u0o �� 00 � e 0o1„iir011urn'h„„ II o�r,ll °,U,u gip„ a ° , cl6�,In A )J 11 I� ° U IN ii11�t °� �d6�� U1dIIU.,II„P�0 GlII6���U1d� OII6�IIY� i,ill(I ��i,illll(IOUII(liill(I�,' p �i11(d 6�O OU,11„ II��IIIlf�ll° 011 r�011 po, Costs for design, permitting and dredging of Packery Channel have been included in future years subject to need and pending the availability of funds. The Zone's annual budget will be adopted by the Zone's Board of Directors on an annual basis, based upon the City of Corpus Christi's fiscal year, and attached to this plan as Exhibit I. Improvements in other areas within TIRZ #2: A specific list of projects will be developed in consultation with various organizations and interested residents of North Padre Island and businesses located within TIRZ#2. These projects may include projects to acquire, construct, reconstruct, or install public works, facilities, or sites or other public improvements, including landscaping, utilities, streets, street lights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational facilities. t11��� IIIIu�1��11 �r ����Jru��o�11�Q, ',o Q,IIY��'�������ffIIII � h� 11s Ire ���Ir���Q�11�Gu�a� � o' � � �„�.b � U .....„ 0..a 11 ��.... 0�4� „�11 a �, Ire u grad 2 ask k� f( � � I IIu t������ wain °'���fl���Guuuo�. ��,�4i� 0�' X11� � ��� � � � �� II���O�w�����11i1 `��Ir�n�Ir�n�������11� � � D`IfllYrut� ��� fr�D�D�Dr�D�V�D D� ��IIII d �IIi��� 4�lillll � 4i �'o11 �Irr IIS a o�u1l��ull �IIi 11 0 I���� II�GuuII IIS r OIIY�1111 � � u11ulri O,II e r�ii k (IIY��� ��Gui i���� Foil, O�Ihe II�ru1111�� Il i���r d a �11 it�111�� � 11� � ;, � �11� '�Y�, �Ir'u�� � � u �Ilil � � Y�� o �ullilr� � �r�11i1d � �I g II, p11 2y, o fe 0 0i l �II GIA' 0,11��IIijhe iri 2 IIh� �11i10IlY�� rk�0�'�IC'� II ���II IIlG�)r �� 9�7 II �� colt")),11 !�I �4�a 0 II Y��I Packery Channel Project Plan Amendment Page 4 of 8 As required by §311.011(c)(3), an updated economic feasibility Study for TIRZ #2 was completed by CDS Market Research I Spillette Consulting in September 2009. It is provided in a separate document. Under §311.011(c)(4), the Project Plan and Reinvestment Zone Financing Plan must include an estimate of bonded indebtedness. TIRZ #2 may be used to support bonded debt issued to fund specific projects, or the project costs may be funded on a pay-as-you-go basis, or utilize other financing methods. Under§311.011(c)(5), the Project Plan and Reinvestment Zone Financing Plan must describe the timing of incurring costs or monetary obligations. TIRZ #2 project costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you-go project expenditure approach, a bonded debt issuance, or other forms of project financing. Under§311.011(c)(6), the Project Plan and Reinvestment Zone Financing Plan must describe the methods of financing and sources of revenue. TIRZ #2 could use several methods of financing, including but not limited to the following: • Cash funds generated from existing property value increment, • Bonded debt issuances backed by TIRZ #2 revenue to fund the associated debt service, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from TIRZ #2 property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. The term of any debt for which debt services payments are to be funded by TIRZ #2 revenue will not extend past the duration of TIRZ #2. The primary source of revenue for TIRZ #2 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, Nueces County Hospital District, Del Mar College, and the Farm to Market Road on the taxable property value increment within TIRZ #2. Based on existing interlocal agreements with each taxing jurisdiction listed above, it is currently projected that each of these entities will agree to participate in funding TIRZ #2 with 100% of the incremental property taxes collected over the life of zone, except for Del Mar College, which will contribute 20% in 2009 and 0% thereafter. The assessed value base year Sources of Revenue' Nueces City of County Farm to Corpus Nueces Hospital Del Mar Jr. Market Tax Year Christi County District College Road Total 2009 1,597,917 985,617 406,158 137,838 12,165 3,139,695 2010 1,273,417 786,419 324,072 - 9,709 2,393,616 2011 1,203,508 745,121 307,054 - 9,201 2,264,884 2012 1,372,033 849,855 350,213 - 10,494 2,582,595 Packery Channel Project Plan Amendment Page 5 of 8 2013 1,519,533 941,476 387,968 - 11,625 2,860,601 2014 1,645,468 1,019,647 420,181 - 12,590 3,097,886 2015 1,761,879 1,091,870 449,943 - 13,481 3,317,173 2016 2,162,313 1,340,366 552,345 - 16,549 4,071,572 2017 2,615,229 1,621,428 668,166 - 20,018 4,924,842 2018 3,127,882 1,939,557 799,263 - 23,945 5,890,647 2019 3,708,557 2,299,895 947,753 - 28,393 6,984,598 2020 4,366,726 2,708,317 1,116,057 - 33,435 8,224,535 2021 5,113,212 3,171,538 1,306,944 - 39,153 9,630,847 2022 5,960,390 3,697,237 1,523,577 - 45,642 11,226,846 Total 37,428,065 23,198,342 9,559,692 137,838 286,400 70,610,338 Assumes 95%tax collection rate. for all participating taxing entities is 2000. Based upon 2008 tax rates for each jurisdiction, the projection of incremental property tax revenue contributed to TIRZ#2 is as follows: These revenue projections assume a 95% tax collection rate for all three taxing jurisdictions. According to these projections, 53.0% of the tax increment revenues will come from the City, 32.9% will come from the County, 13.5% will come from the County Hospital District, 0.2%% will come from Del Mar College, and 0.4% will come from the Farm to Market Road. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Under §311.011(c)(7), the Project Plan and Reinvestment Zone Financing Plan must give the current appraised value of the zone. According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $356,833,583 for the City of Corpus Christi, $ 353,059,772 for Nueces County and the County Hospital District, $ 358,753,875 for Del Mar College, and $ 352,808,877 for Farm to Market Road. Due to outstanding property accounts under value protest, these certified values will increase over time. Under §311.011(c)(8), the Project Plan and Reinvestment Zone Financing Plan must provide an estimate of the captured appraised value for TIRZ#2 during the years of its existence. The table on the next page provides the projected schedule of taxable value increment captured by the zone over remainder of its duration. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the participating jurisdictions. Therefore,there is a table shown for each entity. Packery Channel Project Plan Amendment Page 6 of 8 Under §311.011(c)(9), the Project Plan and Reinvestment Zone Financing Plan must state the duration of TIRZ #2. The zone has thirteen tax years remaining and will expire after 2022. Packery Channel Project Plan Amendment Page 7 of 8 Estimated Captured Appraised Value PROJECTED ASSESSED VALUE Tax City of Corpus Nueces County Del Mar Jr. Farm to Market Year Christi Nueces County Hospital District College Road 2009 380,825,433 377,027,804 377,027,804 382,757,294 376,776,909 2010 320,245,351 317,347,217 317,347,217 321,720,450 317,163,481 2011 307,194,087 304,974,332 304,974,332 308,324,444 304,840,076 2012 338,655,659 336,353,086 336,353,086 339,828,313 336,214,560 2013 366,192,055 363,803,032 363,803,032 367,408,871 363,660,078 2014 389,702,663 387,223,386 387,223,386 390,965,597 387,075,840 2015 411,435,230 408,861,715 408,861,715 412,746,329 408,709,405 2016 486,191,313 483,312,318 483,312,318 487,658,942 483,142,951 2017 570,745,210 567,519,915 567,519,915 572,390,395 567,331,227 2018 666,451,157 662,832,970 662,832,970 668,297,914 662,622,374 2019 774,856,231 770,791,945 770,791,945 776,931,996 770,556,480 2020 897,728,294 893,157,125 893,157,125 900,064,425 892,893,404 2021 1,037,088,042 1,031,940,526 1,031,940,526 1,039,720,393 1,031,644,672 2022 1,195,245,758 1,189,442,482 1,189,442,482 1,198,215,334 1,189,110,054 ASSESSED VALUE INCREMENT Tax City of Corpus Nueces County Del Mar Jr. Farm to Market Year Christi Nueces County Hospital District College Road 2009 298,311,566 295,295,463 295,295,463 300,048,697 295,195,765 2010 237,731,484 235,614,876 235,614,876 239,011,853 235,582,337 2011 224,680,220 223,241,991 223,241,991 225,615,847 223,258,932 2012 256,141,792 254,620,745 254,620,745 257,119,716 254,633,416 2013 283,678,188 282,070,691 282,070,691 284,700,274 282,078,934 2014 307,188,796 305,491,045 305,491,045 308,257,000 305,494,696 2015 328,921,363 327,129,374 327,129,374 330,037,732 327,128,261 2016 403,677,446 401,579,977 401,579,977 404,950,345 401,561,807 2017 488,231,343 485,787,574 485,787,574 489,681,798 485,750,083 2018 583,937,290 581,100,629 581,100,629 585,589,317 581,041,230 2019 692,342,364 689,059,604 689,059,604 694,223,399 688,975,336 2020 815,214,427 811,424,784 811,424,784 817,355,828 811,312,260 2021 954,574,175 950,208,185 950,208,185 957,011,796 950,063,528 2022 1,112,731,891 1,107,710,141 1,107,710,141 1,115,506,737 1,107,528,910 Packery Channel Project Plan Amendment Page 8 of 8 LIST OF EXHIBITS Exhibit A Packery Channel Project Costs and Funding from Project and Financing Plans dated February 1, 2003 Exhibit B Map of TIRZ #2 Exhibit C Current land use map Exhibit D Current zoning map Exhibit E Future land use map Exhibit F Project Plan Map (Rev'd 10/22/2013) Exhibit G "Six Pack" engineering drawings Exhibit H Projects with Funds from Tax Increment Reinvestment Zone #2 City of Corpus Christi lcccurnlllcu °10 20°1° ) Exhibit I Fiscal Year 2017 Reinvestment Zone #2 Budget Packery Channel Project Plan Amendment PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE#2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR DISCUSSION 2017 PROJECT EXPENSES PROJECT PROJECT BUDGET TO DATE STATUS 1 Packery Channel South Parking Lot Improvements This project consisted of the demolition of existing facilities, construction of approximately 11,500 square yards of new flexible pavement, parking lot, two $640,447 Completed concrete driveways, minor water and wastewater improvements, landscaping March 2006 improvements,lighting improvements,and concrete pedestrian ramp. Projects Include: Packery Channel Monitoring FY 2008-2009 Complete Packery Channel Monitoring FY 2009-2010 Complete Packery Channel Monitoring FY 2010-2011 Complete 2 Packery Channel South Parking Lot,Landscaping Phase 2 This project consisted landscaping and irrigation improvements to the newly Completed constructed 300-space parking area including the construction of new planting islands $145,461 March 2008 with mexican fan palms,sea grape trees,decorative rock and irrigation. 3 Packery Channel Boat Ramp Parking Lot/Access Road This project consisted of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel $1,053,176 total Boat Ramp; construction of an access road and related signage and pavement project cost. Completed markings, and the installation of 1,000 square yards concrete reinforced pavement $549,216 from July 2009 adjacent to boat ramp,concrete bollards; minor drainage improvements; 3,500 linear TIRZ#2 feet of electrical conduits;and minor landscaping. 4 Packery Channel Boat Ramp Dredging This project consisted of dredging approximately 17,800 cy of the Packery Channel Boat Ramp and adjacent area. The work included environmental control measures to Completed prevent erosion and allow for discharge of water from the dredging operations to $431,377 April 2010 discharge into the surf of the Gulf of Mexico. Minor amount of stone were installed at the boat ramp to enhance shoreline protection. 5 Packery Channel South Parking Lot Restroom(Phase 1) This project included the construction of restroom facilities at the South Parking Lot at the Completed beach seawall on Windward Drive. The project included separate men and women facilities to $460,743 July 2010 with showers toilets changing stations outdoor seatingarea and native landscaping. 6 Packery Channel Parking Lot and Overlooks(Phase 2) This project consisted of improvements along the north and south sides of Packery Channel including seven overlook structures,parking lot,access road,pedestrian walkways,storm water Completed structures lighted bollards with electrical receptacles, lighting, landscaping, concrete benches $2'869'224 March 2012 and repairs to shoreline structures. 7 Packery Channel Aids to Navigation/Signage This project consisted of lighting improvements to Packery Channel as required for safety and 11: Completed vkey zones.II"su II t.;,, aLLu iinxirnr„a,ll Il Lz irq,yLoL 9, .., security along fur,�,V, $64,500 December 2012, reldlla siglu vlrrxlll112AiinnagHH11"o:I mark no Mol rv2 needs,r°c ladIn page 1 of 2 1/25/2018 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE#2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR DISCUSSION 2017 PROJECT EXPENSES PROJECT PROJECT BUDGET TO DATE STATUS 8 Packery Channel Restroom Facilities Phase 3 This project consists of the purchase and installation of a mobile restroom on the north side of the Packery Channel and adjacent parking lot. The project also includes turn-around and connector to Zahn Road. A mobile trailor restroom on the south side of Packery Channel with wastewater lift station and wastewater 2- inch force main (approximately 2,500 linear feet long) is also being planned. Priority Item. P&R To the Purchasing recommends self contained,solar powered mobile units to be placed at Packery Channel Parking Revised$412,000 $263,618 Department in Lot,end of Zahn Road and on South side of PC(at a location yet to be determined) Build and Install portable restroom shelters to hold portable restroom units at various locations. Build and Spring 2017 Install Portable Shower units on the North and South side of Packery Channel.Board approval of 4 portable restroom facilities at$65,000 each plus 20%contingency and shower facilities at$100,000 tota I. 9 Packery Channel Ramps to Jetties Phase 4 This project includes ADA beach access on the north side and the south side or the channel to provide access from the beach to the restroom, lookouts and parking lots. This project will include the ADA approved mobi-mats on the north side and the south side of Packery Channel Revised To the Purchasing to provide access from the beach to the restrooms,lookouts and parking lots. This project was N $8,979 Department in designed as part of the Phase 2 project for parking and overlooks. Priority ITem: P&R 35,000 Spring 2017 recommends a new design for structures since the GLO will not approve construction of Darkina lots on the beach.II"'nau Il2axllaii•II2aals per II Td2 a,u"esnxkrrnrrr e ndallo n. 10 Packery Channel Dredging and Beach Nourishment The project consisted of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment Last Completed along the Gulf shoreline to the south of Packery Channel,and 15,000 cubic yards of sand from $1,820,843 March 2012 the north to south end of the N.Padre Island Seawall. Dredging schedule to be determined by results of annual study of channel. 11 Packery Channel Pavilion Phase 5 This project includes the pavilion expansion adjacent to the north side restroom or north side boat launch. This will allow the deck area around the restroom and some sitting areas for visitors. Design will begin in FY 2016 and construction will follow in FY 2017 dependent upon HELD FOR available funding. P&R recommends further discussion on this item to determine if IIRevised$250,000 DISCUSSION another amenity would better suit the area. „I,I::a a,(„°:,i1,;,2;2,nxk;rcp„r„n,p2,P;;p,ds 11I!!"„raarll,lllifl,nx,pn Mla.2.2..gl 111M 221 a an;nQ paauhiiungip,IInxO as vn iij as paa2,i,,,I'll unxun Italica:,Oiuu cluire on unnxith and sou4„I,I;;p„suds nxlljI,I;;e 12 Packery Channel Administration/Maintenance Building Phase 6 This project includes a 30'x 60'maintenance building,a 20'x 20'administration building and a Moving Forward 100'x 1,000'parking lot near the entrance to the Packery Channel Lookout Areas just south of with Nueces Zahn Road. Priority Item:P&R recommends facility be located on south side of channel $0 County to reduce travel time forequipment and safety. Npnntintmons 13.Packery Channel ADA Parking Lot Improvements at Jetty Rams Phase 7 This project includes parking lots on the beach along the north side and the south side of the channel. Development of this project will be pending USACE and TGLO approval and MOVED TO ITEM authorization. Project initiation schedule pending availability of funds and completion of #9 previous phases. GLO will not allow this to be built. P&R recommends reprogramming the funds. 14 1 Periodic Survey of Channel Conditions and Shoreline Packery Channel monitoring began in 2003 by Texas A&M Division of Nearshore Research by the U.S. Army Corps of Engineers. They ceased monitoring efforts in 2007 and the City assumed monitoring in 2008. The program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore,measurement of elevation along the adjacent Varies Annually Annual agreement beach and inland channel segment(shoreline position), elevation measurements across the Mollie Beattie Coastal Habitat Community,and measurement of current velocity in the inland channel segment. 15 II"ar„IkeilyyllsGuj2iinelll I1I1Revejf ni::Ni!Il 2112ml alai!n�ua,l;;w;n Ali atirwp„c UI! 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II 0001000 0...., page 2 of 2 1/25/2018 SC o� � AGENDA MEMORANDUM Future Agenda — February 13, 2018 City Council Meeting "`1852EAction — February 20, 2018 City Council Meeting DATE: February 13, 2018 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary Rebecca H@cctexas.com (361) 826-3105 Periodic Ethics Training for Governing Body CAPTION: Resolution amending the City Council Policies to add a periodic ethics training. PURPOSE: The proposed resolution amends City Council policies to add periodic ethics training for the City Council as required by state law. BACKGROUND AND FINDINGS: Texas Administrative Code Title 43, Section 31.39 requires an entity doing business with the Texas Department of Transportation (TxDOT) to adopt and enforce an internal ethics and compliance program to be eligible to receive state or federal public transportation funds. Section 10.51 of same code requires the program to be in writing and that the governing body participate in periodic ethics training. The City of Corpus Christi has adopted a written Code of Ethics, and the City Council previously received ethics training. This resolution basically formalizes the state requirement and sets out that the training will occur biennially (every two years), coinciding with council terms. ALTERNATIVES: The City Council could opt not to approve the resolution, but this would have negative consequences when the City is eligible to receive TxDOT grant funding. CONFORMITY TO CITY POLICY: Conforms with state law (Texas Administrative Code). DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital EI Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Approval of the resolution. SUPPORTING DOCUMENTS: Resolution Resolution Amending the City Council Policies to add a periodic ethics training WHEREAS, Texas Administrative Code Title 43, §31.39 requires an entity to adopt and enforce an internal ethics and compliance program to be eligible to receive state or federal public transportation funds; WHEREAS, Texas Administrative Code Title 43, §10.51 requires an internal ethics and compliance program to be in writing and such program requires the governing body to participate in periodic training, and WHEREAS, City Council members have previously received ethics training. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Council Policy is amended to add City Council Policy 27 to read as follows: 27. - Periodic Ethics Training. Each member of the City Council shall participate in an ethics training biennially. The ethics training will address the City's internal ethics and compliance program. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn s � � AGENDA MEMORANDUM Future Item for the City Council Meeting of February 13, 2018 Action Item for the City Council Meeting of February 20, 2018 DATE: January 25, 2018 TO: Margie C. Rose, City Manager FROM: Belinda Mercado, Director of Information Technology bmercado@cctexas.com 361-826-3740 SunGard Public Sector Software Renewal for reduction of services CAPTION: Motion authorizing reduced software support services from Superion, LLC (formerly, SunGard Public Sector, Inc.) and execution of a new 12-month access fee agreement for $57,000 with one option to extend for an additional 12-month period for a potential multiyear amount not to exceed $114,000. PURPOSE: To reduce services for software that the Infor product replaced and allow for read access of data until information can be accessible for electronic records. This software primarily affects data captured for Development Services and Utility Billing. BACKGROUND AND FINDINGS: The city has used SunGard Public Sector software for over 20 years. The transition to the Infor platform allows the city to decrease licensing requirements and provide a cost savings. Electronic records must be maintained and stored for future access. This agreement is to move to a read-only access for one-year until data can be safely migrated for city access. The current cost to operate the SunGard Public Sector software for Development Services and Utility Billing is an annual cost of$373,392. If the software renewal is approved, costs will be reduced by 85%. Staff plans to terminate the software agreement after one year. ALTERNATIVES: Renegotiate for modified services from vendor that can increase or decrease the value. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Information Technology Department Office of Management and Budget Finance and Purchasing Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget $57,000.00 57,000.00 $114,000.0 Encumbered / Expended This item $57,000.00 57,000.00 $114,000.0 BALANCE 0.00 0.00 Fund(s): Information Technology RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supplement to SunGard Public Sector LLC, ASP Agreement DocuSign Envelope ID: 7064782F-C287-4B5B-8F5F-OD89D8878838 Supplement to the SunGard Public Sector LLC Application Service Provider Agreement Schedule A - Order Form This Schedule A-Order Form is entered into under the terms and conditions of the Superion, LLC as successors in interest to SunGard Public Sector LLC Application Service Provider Agreement dated November 18, 2008 (Agreement), between Superion, LLC (Superion) and City of Corpus Christi, TX (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. Customer Name: City of Corpus Christi, TX Yes No kFReplacement nitial Order Form X Agreement Number: CORP-1276LG-170108-1 Order Form X 1. Initial Term: Begins March 1, 2018 and expires twelve (12) months from the date the initial Monthly Access Fee is due under this Schedule A—Order Form. 2. Application Groups: Monthly Access Fees Applications and/or Services Monthly Access Fee Renewal Services Existing Navil-ine Products Land Parcel Management(LX),Customer Information Systems(CX), $ 4,750.00 (Currently Licensed)-Inquiry Only Work Orders/Facility Management(WF),Cash Receipts(CR),Accounts Receivable(MR),Loans(LN),Document Management Services(DX) Retrofit Maintenance 28 billable objects @$100 per object or$2,800 per year Included in Monthly Fee Terminating Products Building Permits(BP),Business Licenses(OL),Code Included in Enforcement(CE),Planning&Engineering(PZ),Contact Management Monthly Fee (CZ),Contract Billing(CB)Voice Response for BP Interface(V1),Voice Response for CIS Interface(V2),CIS Credit Card Interface,Click2Gov Core(K1),Click2Gov Code Enforcement(KO),Click2Gov Customer Information Systems,Click2Gov Building Permits(K3),Click2Gov Business Licenses(K6),Click2Gov Planning&Engineering(K7),C2G Building Permits Wireless(KB),,QRep Catalogs-LX,WF,CR,CX, MR,BP,OL,CE,PZ,OnePoint Core(KL),Electronic Plan Review(EP), EPlan Review BP Interface-EU, Test Server:Click2Gov Core, Click2Gov Code Enforcement(KO),Click2Gov Customer Information Systems(K2),Click2Gov Building Permits(K3),Click2Gov Business Licenses(K6),Building Permits Wireless,Click2Gov Planning/Engineering(K7) Terminating Third Party Products QRep Admin(2)and QRep End User(13)Licenses-(existing), Included in Looking Glass Viewer LV,Looking Glass Centralized Address Monthly Fee Manager LC,Looking Glass Community Maintenance,Oracle(BEA) Weblogic Express Basic Edition LF(BW),Imaging Interface Community Terminating Retrofit Maintenance 43 billable objects Included in Monthly Fee Hardware Allocation VPN Concentrator Option to include management and configuration Included in VPN tunnel, Click2Gov Hardware and software(Production&Test)will Monthly Fee be hosted and managed by Superion. Services Setup,Implementation, HELP Card,Disaster Recovery Plan for Included in Superion applications,ASP Service Bureau Monthly Fee Terminating Test Environment Creation of Test Environment and up to 4 data refreshes per year;On Included in demand refresh-one time fee of$600 with appropriate planning time Monthly Fee (requires a minimum of 10 business day advance notice) Concurrent Sessions-Monthly Access 5 $150 per user Included in Monthly Fee Total Proposed System: $ 4,750. Superion ASP Agreement Rev. 1.01.10 Page 1 of 3 12/21/2017 DocuSign Envelope ID: 7064782F-C287-4656-8F5F-OD89D8878838 APPLICABLE TAXES ARE NOT INCLUDED IN THIS SCHEDULE,AND, IF APPLICABLE,WILL BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER. Number of Concurrent Sessions listed above used in the calculation for the Monthly Access Fees. Changes to the number of Concurrent Sessions may impact the Monthly Access Fee. 3. Payment Terms: Monthly Access Fee: The initial Monthly Access Fee will be due March 1, 2018. Subsequent Monthly Access Fees will be due on the first of the month thereafter. Monthly Access Fees will be invoiced in advance on a monthly basis for a term of twelve (12) months at the rates listed below. Months 1 — 12 $ 4,750.00 per month; Following the initial term, Services will be provided on a year-to-year basis provided the Customer exercises the option and pays the then current Monthly Access Fee. Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and will be invoiced as incurred and shall be governed by the Superion Travel and Expense Reimbursement Policy. Notes: 1 Monthly Access Fees listed above are for the Applications and Services listed in this Schedule A-Order Form only. 2 Following the execution of this Schedule A-Order Form, any new Modification Retrofits provided by Superion will be added to the next annual renewal period, pursuant to Section 4 below. 4. Modification Retrofits. For each non-standard Application in library HTEMOD that was written by Superion or any Application that has had custom modifications performed by Superion at the Customer's request, Superion will perform all necessary programming to ensure that the program is compatible with each new software release, version, or program temporary fix made available by Superion. Fees for Modification Retrofits to be maintained are determined on an annual basis. This determination is based upon the number of modified objects prior to the beginning of each annualized ASP Term multiplied by the then current rate charged per object. 5. Hardware. Customer is responsible for providing the DMS server. The DMS server is owned by Customer and shall reside at Customers site for ease of management. The Click2Gov Server shall reside at a Superion data center. The Click2Gov Server is owned by Superion and is not the property of the Customer. The VPN Concentrator Option includes a router, which will be provided by Superion to Customer. The router is, and shall remain, the property of Superion. 6. Terminated NaviLine Programs and Third Party Products: The Customer is terminating the products listed above and Customer agrees to destroy or return the Terminated Programs to Superion. Each party hereby releases, acquits and discharges the other party of and from any and all claims, debts, demands, rights of indemnification, and causes of action of whatsoever nature, whether in contract or otherwise, whether arising under or by virtue of any statute or regulation, whether known or unknown, suspect or unsuspected, or whether having arisen or hereafter to arise for any losses or damages of which have accrued or may ever hereafter accrue to the other party, arising out of or on account of the Terminated Program. Neither the fact of compromise, settlement and release, nor the payment, acceptance, or relinquishment of any consideration hereunder or under the Agreement, nor the execution of this Order shall be Superion ASP Agreement Rev. 1.01.10 Page 2 of 3 12/21/2017 DocuSign Envelope ID: 7064782F-C287-4656-8F5F-OD89D8878838 construed or taken in any way as an admission of fault, liability or responsibility on the part of Superion and Customer, including its employees and agents, agree to so state in any communications, characterizations, and/or dissemination concerning this matter with any third party other than its attorney. 7. Appropriation of Funds. Customer believes that sufficient funds can be obtained to pay all amounts due Superion throughout the term of this Agreement and hereby covenants and agrees that it will make appropriate requests for budget appropriations for the fiscal years in amounts as specified above. Customer further agrees that said funds, once appropriated, will be maintained and expended for the expressed purpose of acquiring from Superion the services set forth above. In the event sufficient funds are not appropriated, budgeted or are otherwise legally unavailable, Customer shall immediately notify Superion in writing of such occurrence and Superion will respond with an amendment that this Agreement or the appropriate executor portions thereof, is terminated. Should there be any premature termination of this Agreement, Customer shall be responsible to pay a) for any services delivered by Superion prior to the notice. Superion shall not be obligated to provide any services for which payment has not been appropriated. City of Corpus Christi, TX Superion LLC usigned by: [5LA)(�,& BY: BY: PRINTED NAME: PRINTED NAME: Tom Amburgey PRINTED TITLE: PRINTED TITLE: General Manager DATE SIGNED: DATE SIGNED: December 21, 2017 Superion ASP Agreement Rev. 1.01.10 Page 3 of 3 12/21/2017 se o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of February 13, 2018 NORPOR PE 1852 Action Item for the City Council Meeting of February 20, 2018 DATE: February 13, 2018 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance Ilmd(cDcctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kimb2&cctexas.com (361) 826-3169 Service Agreement for TRAK Fuel Management System for Fleet Maintenance for One Year for an amount not to exceed $7,553, with Nine-one year Options and a Total Potential Multi-Year Amount of $75,530 CAPTION: Resolution authorizing a one-year service agreement with TRAK Engineering, Inc. of Tallahassee, Florida, as a sole-source and captive replacement part vendor, for maintenance of the fuel management system for a total amount not to exceed $7,553, with nine one-year options for a potential multi-year amount of 75,530. PURPOSE: TRAK Engineering will perform the maintenance, and support of the hardware and software for the application under this agreement. BACKGROUND AND FINDINGS: In an effort to conform to recent initiatives to improve the City's contract management practices, it is appropriate that the TRAK Fuel Management System for Fleet Maintenance be reviewed and extended. This TRAK Fuel Management System directly measures fuel quantity transactions, both diesel and unleaded at the City service station and is interfaced with the M5 maintenance management system, which in turn, is interfaced with Infor Lawson. The TRAK system is established and integral to the Fleet Maintenance fuel management program. This department has used the TRAK system for more than 20 years. It has been an effective system and we have experienced no requirement to change this part of our program. In view of that, we intend to continue utilizing this system to maintain transparency in the contracts managed by the City. Our intention is to seek approval for continued use of this system for the next ten years. 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 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $282,176.00 $67,977.00 $350,153.00 Encumbered / Expended Amount $102,207.35 $0.00 $102,207.35 This item $7,553.00 $67,977.00 $75,530.00 BALANCE $172,415.00 $0.00 $172,415.65 Fund(s): Fleet Maintenance Services Comments: The initial contract is for an amount not to exceed $7,553 funded in FY2017- 18 for a one-year term, with an option to extend for nine additional one-year periods for a total potential multi-year amount of$75,530. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Resolution Resolution authorizing a one-year service agreement with TRAK Engineering, Inc. of Tallahassee, Florida, as a sole-source and captive replacement part vendor, for maintenance of the fuel management system for a total amount not to exceed $7,553, with nine one-year options for a potential multi-year amount of 75,530. WHEREAS, the purchase of services for equipment maintenance of the TRAK fuel management system for the City Service Station will be purchased by Fleet Maintenance; WHEREAS, this service for the TRAK fuel management system for the City Service Station will be used to ensure that the Fuel Management System is kept in efficient operating condition for proper measurement of fuel quantity transactions, of diesel and unleaded fuel; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents; WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (D), as this purchase includes captive replacement parts or components for equipment. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to purchase services for equipment maintenance of TRAK Fuel Management System for the City Service Station from TRAK Engineering, Inc., of Tallahassee, Florida, based on a sole source and captive replacement part justification, for a total amount not-to-exceed $7,553. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas day of 20 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 �vs cs SERVICE AGREEMENT NO. 57433 TRAK Equipment Maintenance of the �00APOR,*a 1852 Fuel Management System for Fleet Maintenance THIS TRAK Equipment Maintenance of the Fuel Management System for Fleet Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and TRAK Engineering, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide TRAK Equipment Maintenance of the Fuel Management System for Fleet Maintenance in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide TRAK Equipment Maintenance of the Fuel Management System for Fleet Maintenance ("Services") in accordance with the attached Terms and Conditions, 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. 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. The parties may mutually extend the term of this Agreement for up to nine additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $7,553.00, 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Page 1 of 7 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Tambra Lynn Milot Department: Fleet Maintenance Services Phone: (361 ) 826-1902 Email: TambraL@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. (9) I�c49"4er,f G PGYFR f 19GRGI G PerfGrmrvRGe 19GRGI, Gr 19GG h GPe Pegg i ed Gf the tG e prr_viddedd f QTc gif�d ceemtei-ti 124 tafP& perfGrmrvRGa GGR GGFRFRar�TCTeYGRJ GGRrJifiGRc GRr I r-vmGi iRfs rervl aired iR fhe _bGR VC r- RGI GPPrGPriGe ci irefy iRfGrrnrvfiG_rA rvro G-S icli 16ded ire the DGR/DFD GAS mr-vi--rTcy-vtAtjtQt 1 fr, 4iiGr�hmeRt 9 rtiA d Y lGh r-r,r,fer,f is ir�r�r�rr�r�rGt'QE1 here iR this crn--rTcrrr-c,arra�vcri--cvrrr �-m-�rs > greeTeRf by refer pp_e aS, it eQA_r,h 1-9G GA's f1_QrPR8 r R(difiGRS r• R(J PAG amts 4"e Pe fi illy set �i if hero ire its eptiref rmr�a�r-ovT� 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. 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. Page 2 of 7 8. WGI FFGRt (161) The ( G_ hGf G11 PYGEAI IG# cI IppIied 11RdoY� gYoeFReR� GPe ReW, G 14Y ifs#hGi Gyro fr o f��diefcGtS, fif�ht-9ir iRi'_QRGIeGI P11PPGse, AA6A Af gGlG d FRGtiforiA1 G A6A �A/ArkPAA C;hip. The ( Arfr�YniGtiYYGtirfc flGtif if lGtic r fifl�A fhe rlrGlGJ1 livfc GRUA thGti fherlrGlGJ1 livfc�Y�490 At Iitaps GAY eRG1 1PA-hP Rroc /TRo 1 'A Gti(J(J i f i G Yl, f h e rl�YGtS�rr-l l Gti c o GJ uAdder thiS AgreepRtepi 1 h Gti I 4,'GPPGVYI ed 199 fhe 9GR#GI�P GP, 1 �1r-G�1fOGJ IY, UG�1r-�TpA , h�TCI YYIG R_IfGVr-f1 1YeP f Y fhe PePiG UA cfA-vfoGJ Irl n ffGti/-�YYIO YIf n /�UGVr-h PA'a t _P is A^lf�A_r-�OIV TRQTTOTQCT'OT , V CTI'7"I'T CTI'7"I'T C�TI'C-Q iG_ thi-S A eeMeRi G .R(d is iRGGlrpGlrG ted by referoYlr e ipip_ this groe.m.epi Gtic if f44y cof Gl1 1f h'QRQ iR it'; eRl iYoflr �li 1--�TT 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the 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. 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 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: Tambra L. Milot Title: Functional Analyst Address: 5352 Ayers, Bldg 313, Corpus Christi, Texas 78415 Phone: (361 ) 826-1902 Fax: (361 ) 826-4378 IF TO CONTRACTOR: TRAK Engineering, Inc. Attn: Katherine Blyth Title: Vice President Address: 2901 Crescent Dr., Tallahassee, Florida 32301 Phone: (850) 878-4585 Fax: (850) 656-8265 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Page 4 of 7 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B)AlTePRGtiV e-gity--MG' '`^geP MG\�rmir\rti+o this Agrceme tl--F�}C��P GGR\/ GR `20 rJG\/c /-v/-1\//-vv�r-�o \e/ri++ v� v� +ir-�o +A- +l-\o (� R+r/-v••+ter Tl-\o (�' cvr rre E rPrirr. --rr re��rnrG�vr—rhe 94y- �rti�ger mGy rtilc Termi.pGte thicgreeMeRt i�r24 41te , r\r-+ir to ip the AgpeepAep+ 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: Page 5 of 7 A. Attachment A B. this Agreement (excluding attachments and exhibits); C. all other attachments; D. the bid solicitation document including any addenda (Exhibit 1 ); then, E. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 6 of 7 CONTRACTOR Signature: " Printed Name: Katherine Blyth Title: Vice-President Date: January 21, 2018 CITY OF CORPUS CHRISTI Signature: Printed Name- Title- Date- APPROVED ame:Title:Date:APPROVED AS TO LEGAL FORM Assistant City Attorney Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Page 7 of 7 Attachment A: Scope of Work eng.com C orrppo ate SW,es� 2901 C r c c iV Ewlve,, i llahF ,c II h 3,2301 CSTCI:�":Ons eCerizedFue)Management plif 850 878-r`CN� AX 850656 E1265 vvnrvvlia1(ung'C(JM m9lEgvmrw�ur Swe 1961 August 21, 2017 City of Corpus Christi erlindaL&cctexas.com Maintenance Services Attn: Erlinda Klubertanz PO Box 9277 Corpus Christi, TX 78469-9277 Dear Ms. Klubertanz, Enclosed please find the Quotation for an Equipment Maintenance Agreement on the TRAK Fuel Management Systems. Your current agreement is due to expire September 30, 2017. The TRAK Equipment Maintenance Agreement covers the replacement or repair of all part failures due to normal wear and tear. The TRAK Equipment Maintenance Agreement also provides: • Unlimited telephone support at no charge • All software updates, plus • Complete system upgrades at a substantially reduced cost Please issue a purchase order for the amount shown to insure this valuable coverage. If you have any questions regarding the above, or if the list of equipment on your maintenance agreement is inaccurate in any way, please contact me. Sincerely, Accounting Department AR(rc�7,tralkeng com TRAK Engineering, Inc. PHONE: (850) 878-4585 FAX: (850) 656-8265 Enclosure Visit our WEBSITE @ http:A\www.trakeng.com Page 1 of 4 RAK M E M a L R eng.com Corporate SW,es� 2901 C r c c iV Ewlve,, i llahF ,c II h 3,2301 [p-, CSTCI:�":Ons eCerized Fue)Management Plif 850 878-r`CN� AX 850 656 E1265 vv�nrvv l iaI(u,�9,C(jnI mAINVOWNI Swe 1961 Equipment Maintenance Agreement Quote August 21, 2017 City of Corpus Christi System #132 By this agreement, the technical knowledge and skill of our customer service organization is made available to you to assure that your Fuel Management System is kept in efficient operating condition. For an annual fee, our factory-trained personnel will perform the service and maintenance on the equipment listed below for one year in accordance with the enclosed Terms and Conditions. The Effective Dates of this Equipment Maintenance Agreement would be: October 1, 2017 through September 30, 2018 Equipment List Description W Unit Rite T�oa�l/t' � Fuel ry J I,L IV.W 3,646.W F lose Contrds-Standard 8 169.00 1,352.00 Data Converter 1 194.00 194.00 Soft"e 1 396.00 396.00 Bulk Oil Contrds(Not Covered) 3 0.00 0.00 1 -V\/At Radio 2 312.00 624.00 IPSaial Device 2 170.00 340.00 *Shipping 1 284.00 284.00 Zone Charge 1 715.00 715.00 TOW $7,5aUU *Due to high increase in shipping charges Trak has now added a line item in quote to allow for this increased expense. Customer may elect to provide Trak your own shipping account number(US Mail, FedEx, UPS)to charge and we will not assess this item. Full Service Maintenance Agreement This quote does not include applicable taxes This quote valid for 90 days Please review the above equipment list for accuracy. Any equipment that is not listed will not be covered under this agreement. Visit our WEBSITE @ http:A\www.trakeng.com Page 2 of 4 TRAK ENGINEERING, INC. EQUIPMENT MAINTENANCE AGREEMENT TERMS AND CONDITIONS FOR FULL SERVICE AGREEMENTS 1. In order to assist our customers in maintaining their equipment in efficient operating condition, Trak Engineering, agrees to furnish support and new/refurbished parts for the equipment described under "Equipment List" at the rates specified upon the terms and conditions that are stated below. The Equipment Maintenance Agreement (EMA) also provides unlimited telephone support at no charge, all software updates, and complete system upgrades at a substantially reduced cost. 2. This agreement shall be for a one (1) year period of support and new/refurbished replacement parts during the period listed on the Equipment Maintenance Agreement quotation. Only equipment manufactured and installed by Trak Engineering is covered under this agreement. 3. Maintenance agreement charges are payable yearly in advance at the annual rate on the annual payment date shown on the Equipment Maintenance Agreement, or quarterly if the customer is a federal government facility. 4. Trak Engineering, Inc. reserves the right to change (increase or decrease) the rates specified herein at each anniversary date of this agreement. Each change will be in writing and notice provided to the customer at least thirty (30) days before such change occurs. 5. This maintenance agreement may be cancelled by either party with a written notice sixty days (60) prior to cancellation. If Trak Engineering effects cancellation for any reason, charges will be prorated and Trak Engineering will refund the unearned portion of any amount prepaid thereunder. If customer effects cancellation, Trak Engineering will prorate and refund that unearned portion of any amount prepaid. 6. Emergency calls will be made during regular business hours at no extra charge. Emergency calls made during non-business hours will be subject to additional charges. Service calls initiated by the customer to repair any piece of equipment that is found to be working upon arrival of the repair engineer will be charged at the standard per call rate of one hundred fourteen dollars and nineteen cents ($114.19) per hour or one hundred fifty five dollars and ninety three cents ($155.93) per hour in California, New York, and New Jersey. 7. Trak Engineering will replace parts that have broken or worn out through normal use and are necessary for servicing. This agreement does not apply to repairs made necessary by accident, misuse, abuse, theft, vandalism, fire, water, electrical failure, acts of God or other casualty. Replacement parts will be shipped ground (UPS / US Mail). If the customer wishes quicker delivery, then the customer will be billed for the difference only. Emergency parts will be shipped "Next Day" delivery. Emergency parts consist of: Sentry Keyreader Barrier Control Panel Sentry Power Unit Page 3 of 4 TRAK ENGINEERING, INC. EQUIPMENT MAINTENANCE AGREEMENT TERMS AND CONDITIONS FOR FULL SERVICE AGREEMENTS S. Certain non-working parts must be returned with a RA number within ten (10) days of receiving the replacement part. If Trak Engineering does not receive the item within ten (10) days of the customer's receipt of the replacement part, the customer will be billed for the full price of the replacement part. 9. An emergency C8|| will be determined over the telephone bVTrak'S Customer Support. An Emergency C8|| will n2qUin2 DD-Site service support by 8 Trak Engineering Field Technician, or authorized Dealer or Electrician. Trak Engineering will 8|vv8yS make 8 best effort to provide UnOe|y service for each emergency C8|| that is classified as 8 C|8SS one problem. A C|8SS one problem is classified as UD8b|e to pump fuel of 8 particular type from all available dispensers even in nO8DU8| override. 10. I1, is the c0St0rner'S reS�p0inSHbiUity f0r initiaU trOUbUe shooting to deterRline H: the prObUeRl is with theTrak Engineerihng eqUipRlent, thefUeU dispensing eqUipRlent, Orthe teUephOne Uines. The CUstORler iis respOnsibUe fOrthe instaUUatiOn Ofthe User repUaCeiabUe CORlpOinents wheneverpraCtiCaU 11.This agreement does not cover oil pumps, oil reels, oil nozzles, or the piping used to carry the oil to the dispensing location from the reservoir. 12. Service hours: Monday-Friday are 8:00a.rn. - 6:00 p.m. Eastern Standard Time. Calls after 5:00 p.m. are chargeable at the single call nate of one hundred sixteen dollars and twenty-five cents ($116.35) per hour, or one hundred sixty-eight dollars and seventy- five cents ($168.75) per hour in California, New York, and New Jersey. 13. Phone Support Hours: Technical support is available Monday- Friday from 8:00 AM to 6:00 PM EST, excluding n2COgOiz8d holidays. �14k. aUso �Dii-oV�des 24 houirs a day, 7 days a we6k. eiineii-geincy res��Doinse �D�hoine su��,)��Doiirt at NO �11 XM�ZA � 14.This agreement does not cover on-site repairs for the system's Central Controller (microcomputer, monitor, keyboard, or printer). At Trak Engineering's discretion, Trak will repair these units at its facilities in Tallahassee, FL or arrange repair at the local computer store. 15.This agreement does not cover EE Memory Keys, SMARTags, VMU'S or BID's. Any additional or replacement keys, VMU's or BID's must be purchased by the customer. 16.Tnak Engineering, Inc. may elect not to extend this agreement to any customer if, for any reason, the warranty orEquipment Maintenance Agreement coverage has lapsed for a period ofmore than thirty days. 17. Upgrades or installs are optional. Labor for upgrades or installs will be billed at a rate of one hundred sixteen dollars and twenty-five cents ($116.35) per hour, or one hundred sixty-eight dollars and seventy-five cents ($168.75) per hour in California, New York, and New Jersey. Additional charges for technician travel time, plus needed parts and materials may bequoted in lump sum price. Page 4Df4 Attachment B: Quote/Pricing Schedule PEL- C orp o ate SW,es2901 C r c c i it Ewly ,i llahF c II 3,2301 I CSTCI:�":Ons eCeri'zedFue)Management Plat 850 87ff r`,H FAX 8.,l0 656r E1 65 vv�nrvv lial(ungX(JM m9lEgvmrw�ur Swe 1961 Equipment Maintenance Agreement Quote August 21, 2017 City of Corpus Christi System #132 By this agreement, the technical knowledge and skill of our customer service organization is made available to you to assure that your Fuel Management System is kept in efficient operating condition. For an annual fee, our factory-trained personnel will perform the service and maintenance on the equipment listed below for one year in accordance with the enclosed Terms and Conditions. The Effective Dates of this Equipment Maintenance Agreement would be: October 1, 2017 through September 30, 2018 Equipment List Description W Unit Rite T�oa�l/t' � Fuel ry J I,L IV.W 3,646.W F lose Contrds-Standard 8 169.00 1,352.00 Data Converter 1 194.00 194.00 Soft"e 1 396.00 396.00 Bulk Oil Contrds(Not Covered) 3 0.00 0.00 1 -V\/At Radio 2 312.00 624.00 IPSaial Device 2 170.00 340.00 *Shipping 1 284.00 284.00 Zone Charge 1 715.00 715.00 TOW $7,5aUU *Due to high increase in shipping charges Trak has now added a line item in quote to allow for this increased expense. Customer may elect to provide Trak your own shipping account number(US Mail, FedEx, UPS)to charge and we will not assess this item. Full Service Maintenance Agreement This quote does not include applicable taxes This quote valid for 90 days Please review the above equipment list for accuracy. Any equipment that is not listed will not be covered under this agreement. Visit our WEBSITE @ http:A\www.trakeng.com Page 1 of 1 Attachment C: Insurance Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property Management one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Page 1 of 3 WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Page 2 of 3 • 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. 2018 Insurance Requirements Purchasing Equipment Maintenance Agreement for TRAK Fuel Management System 01/17/2018 sw Risk Management Page 3 of 3 Attachment C: Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. Page 1 of 1 Attachment D: Warranty Requirements No warranty requirements necessary for this service agreement; Section 8(A&B). Warranty is null for this Service Agreement. Page 1 of 1 se w �a 0 v AGENDA MEMORANDUM Future Item for the City Council Meeting of February 13, 2018 NOBPq P PE 1852 Action Item for the City Council Meeting of February 20, 2018 DATE: February 13, 2018 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iim C`a)cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services, Purchasing Division Kim 2Ca)cctexas.com (361) 826-3169 Wrecker Services for City Owned Vehicles and Equipment (Light Vehicles) CAPTION: Motion authorizing a 36-month service agreement with DRR & RS Inc.-dba Apollo Towing of Corpus Christi, for wrecker services for City-owned vehicles and equipment for a total amount not to exceed $326,662.50. PURPOSE: This service agreement will provide towing services of City vehicles and equipment to the City Garage or to other facilities as directed by authorized City personnel. BACKGROUND AND FINDINGS: The City of Corpus Christi currently has a fleet of 1,780 vehicles and equipment, which includes such vehicles as sedans, light trucks, dump trucks and ambulances. Occasionally, vehicles will break down on the road requiring wrecker and towing services both inside and outside the Corpus Christi City limits. Expertise and specialized equipment is required for the towing of City owned vehicles. The towing company will be towing City vehicles to and from the City Garage or to the facilities or locations as directed by authorized City maintenance personnel. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and one non-responsive bid, and is recommending the award to the lowest responsive, responsible bidder, DRR & RS Inc.-dba Apollo Towing. 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: Fleet Maintenance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $1,842,085.37 $263,144.79 $2,105,230.16 Encumbered / Expended Amount $491,522.54 $0 $491,522.54 This item $63,517.71 $263,144.79 $326,662.50 BALANCE $1,287,045.12 $0 $1,287,045.12 Fund(s): Fleet Maintenance Service Comments: The initial contract is for an amount not to exceed $326,662.50 for 36-months, with an estimated expenditure of$63,517.71 to be funded in FY2017-2018. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Bid Tabulation RFB 1418 Wrecker Services for City Owned Vehicles and Equipment(Light Vehicles) Buyer:Cynthia Perez 1/15/2018 DRR&RS Inc.dba:Apollo Towing 4A's Enterprises Inc. American Eagle Towing&Recovery Corpus Christi,TX Corpus Christi,TX Corpus Christi,TX Descriodon Unit CITY Unit Price Total Price Unit Price, Total Price, Unit Price Total Price Category 1 -9,000 GVWR Zone 1 Tow EA 2295 $60.00 $137,700.00 $70.00 $160,650.00 $60.00 $137,700.00 Zone 2 Tow EA 150 $65.00 $9,750.00 $70.00 $10,500.00 $60.00 $9,000.00 Zone 3 Tow EA 330 $70.00 $23,100.00 $70.00 $23,100.00 $65.00 $21,450.00 Mud Pulls EA 75 $90.00 $6,750.00 $70.00 $5,250.00 $60.00 $4,500.00 Category2-9,001-19,000 GVWR Zone 1 Tow EA 315 $130.00 $40,950.00 $70.00 $22,050.00 No Bid Zone 2 Tow EA 135 $140.00 $18,900.00 $70.00 $9,450.00 No Bid Zone 3 Tow EA 90 $150.00 $13,500.00 $70.00 $6,300.00 No Bid Mud Pulls EA 60 $160.00 $9,600.00 $70.00 $4,200.00 No Bid Desai ton Unit CITY UnitPrice Total Price UnitPrice, Total Price, UnitPrice Total Price Jump Start Zone 1 EA 120 1 $20.001 $2,400.00 $70.00 $8,400.00 $45.00 $5,400.00 Zone 2 EA 315 1 $20.001 $6,300.00 $70.00 $22,050.00 $45.00 $14,175.00 Zone EA 15 1 $25.001 $375.00 $70.00 $1,050.00 $50.00 $750.00 Police Flat Zone 1 EA 945 $50.00 $47,250.00 $70.00 $66,150.00 $50.00 $47,250.00 Zone EA 30 $50.001 $1,500.00 $70.00 $2,100.00 $50.00 $1,500.00 Zone 3 EA 105 1 $55.001 $5,775.00 $70.00 $7,350.00 $55.00 $5,775.00 Dolly Use Zone 1 EA 30 $0.00 $0.00 $0.00 $0.00 $45.00 $1,350.00 Zone 2 EA 15 $0.001 $0.00 $0.00 $0.00 $45.00 $675.00 Zone 3 EA 6 1 $0.001 $0.00 $0.00 $0.00 $45.00 $270.00 Extra Mileage I EA 1 750 1 $3.751 $2,812.501 $2.00 $1,500.00 $2.50 $1,875.00 Total $326,662.50 Total $350,100.00 Total *Non-Responsive *Non-Responsive-vendor did not bid on all items. 113S a SERVICE AGREEMENT NO. 1418 Wrecker Services for City Owned Vehicles and Equipment f'anwo�alev 1852 (Light Vehicles) THIS Wrecker Services for City Owned Vehicles and Equipment (Light Vehicles) Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and DRR & RS Inc. dba Apollo Towing ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Wrecker Services for City Owned Vehicles and Equipment (Light Vehicles in response to Request for Bid/Proposal No. 1418 ("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 Wrecker Services for City Owned Vehicles and Equipment ( Light Vehicles) ("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 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $326,662.50, 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 10/2/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Erlinda Klubertanz Department: Fleet Maintenance Phone: (361 ) 826-1903 Email: Erlinda@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. 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 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, 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 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: Erlinda Klubertanz Title: Operations Manager Address: 1201 Leopard Street, Corpus Christi, Texas 78401 Fax: (361 ) 826-4394 IF TO CONTRACTOR: DRR & RS Inc. dba Apollo Towing Attn: Michael L. Staff Title: Vice- President Address: 6342 Harwick, Corpus Christi, Texas 78417 Fax: (361 ) 854-0387 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 CONTRACTOnR/� n Signature: �V V!-.tL kM?2 Printed Name: M,4461 L• 5VT" Title: V 1 �/G Pf � � Date: 01— 194 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1418 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A - Scope of Work 1.1 General Requirements A. City owned vehicles will be towed on an as needed basis. All quantities shown on the pricing schedule are estimates only and no amount of work is guaranteed under the agreement. Vehicles being towed will consist of motorcycles, cars, trucks, vans, ambulances, fire engines, and self- propelled construction equipment. B. Towing and wrecker services will be required both inside and outside the Corpus Christi City limits. C. Wrecker and towing services will be available 24 hours per day, seven days per week, to include holidays. D. The City shall have the right to use other wrecker companies listed on the Police Department's Rotation Schedule for emergency equipment such as ambulances, marked and unmarked police cars, and fire department vehicles as conditions and situations may dictate. The determination to use other wrecker companies for emergency equipment shall remain at the sole discretion of the City. E. No cancellation fee will be allowed for cancellations either before or after equipment has been dispatched. F. Wreckers will be equipped with two-way radios. This is to provide information to the City Garage or Police Department through the contractor's dispatcher concerning tow cancellations or problems encountered at tow site. G. Contractor must comply with all Local, State and Federal laws and regulations pertaining to towing of vehicles. H. Contractor must have no less than three wreckers permitted by the Texas Department of Licensing and Regulation to conduct these tows. These wreckers must have a manufacturer's GVWR of not less than 16,000 pounds. Wreckers must be equipped with a power winch, winch line, and/or boom with a factory rated lift capacity of not less than 8,000 pounds single line capacity. If a hydraulic wheel lift is installed, it must have a factory-rated lifting capacity of not less than 4,000 lbs. 1.2 Scope of work The contractor will be required to perform the following service: A. Tow City vehicles and equipment to and from the City Garage or to other facilities or locations as directed by authorized City personnel. B. Extract vehicles or equipment from ditches, mud, or other inaccessible areas. (Mud pull). C. Perform those tasks necessary to tow or deliver a vehicle as specified above, i.e.; (1 ) Disconnect drive shaft, when being towed on drive wheels, OR (2) Remove axles, when being towed on drive wheels, OR (3) Use dolly when necessary OR when (1 ) or (2) above cannot be completed. (4) Release air brakes for vehicles equipped with air brakes as necessary. (5) Secure drive shafting or muffler, etc., as necessary. (6) Attach magnetic lights (i.e., stop, tail and turn) at rear of vehicle being towed. D. Provide all necessary equipment, attachments or tools to perform services indicated above. E. Change wheels on police vehicles, i.e., (remove flat and place in trunk and install serviceable spare) replace hub cap. F. Jump start vehicles and equipment as necessary. G. Specific consideration for motorcycles/scooters: Contractor shall provide for the transportation of motorcycles and/or motor scooters by some method other than the use of automobile slings, i.e., a motorcycle trailer or approved licensed (slide-back) wrecker, or approved wheel lift motorcycle sling 1.3 Categories - Vehicles to be towed are classified as follows: A. Category 1 - include, but is not limited to motorcycles, three and four- wheel scooters, cars, vans, trucks and vehicles rated up to and including 9,000 GVW R. B. Category 2 - includes but is not limited to dump trucks, utility trucks, flatbed trucks, ambulances, vans, and other vehicles within a range from 9,001 GVW R to 19,000 GVW R. Should a conflict occur concerning category of vehicle, the vehicles GVW R rating will be the deciding factor. Extra charges for loaded vehicles will not be permitted. 1.4 Work Zone / Response Time Work Zone: Zones will be circular in nature and will have the center located at the City Garage, City Service Center, at 5352 Ayers. Distances used to describe the zones shall be a radius originating at the City Garage. (See Exhibit A) Zone 1 - Shall be in a six-mile radius from the City Garage and will include the Convention Center, City Transit, Police Department, Municipal Airport, Cuddihy Airfield, Bill Witt Park and the south portion of the Port of Corpus Christi. Zone 2 -Shall be from the outside perimeter of Zone 1 and have an outside radius measured form the City Garage of 10.5 miles or an increased radius of 4.5 miles and will include all of Flour Bluff with the Naval Air Station and as far south as Whiteley Street. Zone 3 - Shall be from the outside perimeter of Zone 2 and shall include all of Padre Island bounded on the north by Mustang Island State Park and on the south by the Nueces/Kleberg County lines and will include the remainder of the City that is in the Corpus Christi City limits to include the Calallen area. A. Outside of Zone 3 Extra Mileage Charges: The City will allow extra mileage charges for tows that originate outside Zone 3. This extra mileage charge shall apply to extra mileage charges necessitated by deviation of route to sanitary landfill or other location prior to delivery to City Garage or change of destination of the tow. B. Estimated activity by zone and category is furnished for contractor's information. Estimates of activity are based on actual number of calls by category and zone for a 12-month period. Response Time: Contractor will be required to respond to City calls (Police and Fire Department dispatchers and the City Garage) within a reasonable time. Reasonable time is generally determined to be 30 minutes in Zone 1 , 40 minutes in Zone 2, and 60 minutes in Zone 3. In the event the Contractor does not respond in reasonable time, the City shall reserve the right to arrange for services from another wrecker company and charge back the difference to the Contractor. However, the City's right to use other wrecker companies for emergency equipment shall take precedence over the normal response time requirement. Conditions and situations which require the City to use other wrecker companies for emergency equipment, in lieu of the normal response time, will not be charged back to the Contractor. Frequent unreasonable delays causing excessive down-time for City equipment, shall be a cause for contract termination. coo tvto Cdi C T, Z� I ss IM S E S8 N 'cf¢� � 8 � ELYrw's6 ae 'D�' �0-a 5 m 0. E w Q A. e r r I E CLP (1) & g, g — L7 u d �' 1.5 Contractor Quality Control and Superintendence 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. 1.6 Administrative Requirements A. All bills, tickets, or invoices shall be professionally printed on prepared forms and contain the company's name and a sequential invoice numbering system. B. The following information will be required on each of the invoices/bills prior to submission for processing and payment (1 ) City unit number. (2) License plate number. (3) Date of tow/service. (4) Name and Signature of police officer or City employee. (5) City Garage's Purchase Order Number. Purchase order number will be secured from City Garage after completion of tow. For tows after working hours, holidays, or weekends, purchase orders will be secured the next working day. (6) Will state basis of billing, i.e., Zone 1 , Category 1 , etc., (See Paragraph 4 for zone and category designation. (7) Pickup and delivery point - explanation of added charges. C. Invoicing billing procedures: Invoices will be prepared and delivered to the City Garage at time of service. In cases where service was performed on a holiday or after hours, the invoice/bill will be delivered the following working day. D. Vehicles delivered after working hours or holidays. (1 ) Will be parked at the City Garage in designated parking slots. In no case will vehicles be left in driveways. (2) Vehicle will be locked and windows rolled up. (3) Vehicle's key will be placed in the slot provided in the front door of the City Garage marked, "Wrecker Keys". Attachment B - Bid Pricing/Schedule CITY OF CORPUS CHRISTI Q° BID FORM PURCHASING DIVISION RFB No. 1418 12 Wrecker Services for City Owned Vehicles and Equipment (Light Vehicles) Date: 01-61-18 PAGE 1 OF 2 � ,Authorized Bidder: VW nature: y ` 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 applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. Description Unit QTY Unit Price Total Price Category 1 - 9,000 GVWR Zone 1 Tow EA 2295 $ 60.00 $ )3-7,.-700.00 Zone 2 Tow EA 150 $ toS.00 $ 91 7S0.0o Zone 3 Tow EA 330 $ 70.00 $ 2.3, 10 0.00 Mud Pulls EA 75 $ 90.00 $ 6?'750.00 Category 2 - 9,001-19,000 GVWR Zone 1 Tow EA 315 $ 130.00 $ 40,950.00 Zone 2 Tow EA 135 $ 140.00 $ 18,900. 00 Zone 3 Tow EA 90 $ 150.00 $ 13,'X00. 00 Mud Pulls EA 60 $ 160.00 $ 91600.00 Description Unit QTY Unit Price Total Price Jump Start Zone I EA 120 $ 20-00 s ;z,4w.00 Zone 2 EA 315 $ IRO-00 $ (0,1300-00 Zone 3 EA 15 $ As.00 $ 375-00 Police Flat Zone I EA 945 $ 510-00 $ 47 .t2-50-00 Zone 2 EA 30 $ 50.00 s 10500.00 Zone 3 EA 105 s 6"5.C70 $ 50-77.5*.00 Dolly Use Zone I EA 30 $ 0.00 $ 0.00 Zone 2 EA 15 $ 0.DO $ 0-00 Zone 3 EA 6 $ 0.00 $ 0.60 Extra Mileage EA 750 $ 3.75' $ Total $ 3-2&14 0-<9 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 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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not domiciled in Texas) Exhibit. Employers Liability $500,000/$500,000/$500,000 cmn Ill.)e waived iirfconi °III°iii cc°III°Dili W.)l ii1111ll° a i o°III°aiirizedffiiidc lull° slIzlI°firig 1I1hiey are °III°Iie olllc o rieir/eiiiiIlf lllo cc of °III°Iieiiiiii, c o lull Ill c iiia .. Garage Keepers Legal Liability $100,000.00 Cargo/On Hook Coverage $100,000.00 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Purchasing General Wrecker Contractors 12/04/2017 sw Risk Management Revised 12/20/2017 Valid Through 09/30/2018 ATTACHMENT D - WARRANTY REQUIREMENTS No warranty requirements necessary for this service agreement; Section 8. Warranty is null for this service agreement. se o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of February 13, 2018 1852 Action Item for the City Council Meeting February 20, 2018 DATE: February 13, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities anG@c�cctexas.com (361) 826-1718 Bill Mahaffey, Director of Gas Operations iIIM(dc cctexas.com (361) 826-1801 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim 2p_cctexas.com (361) 826-3169 Truck Rentals for Water and Gas Department CAPTION: Motion authorizing a 12-month service agreement with PV Rentals of Corpus Christi, Texas for the rental of 13 trucks for the Water and Gas Department, via BuyBoard, for an amount not to exceed $171,520. PURPOSE: This service agreement is for the continual rental of six trucks for the Water Department and one the Gas Department. The remaining seven of the 13 trucks are new rentals for the Gas Department. BACKGROUND AND FINDINGS: These trucks are needed to continue to meet current service level agreements, directives and operational requirements. These vehicles are used primarily by collection services to complete disconnection/reconnection orders issued by the Utilities Billing Office. 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 FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $193,022.40 $57,173.34 $250,195.74 Encumbered / Expended Amount $22,612.60 $22,612.60 This item $114,346.66 $57,173.34 $171,520.00 BALANCE $56,063.14 $0 $56,063.14 Fund(s): Water and Gas Fund Comments: The initial contract is for an amount not to exceed $171,520, which includes a $10,000 allowance for unforeseen repairs for 12 months, with an estimated expenditure of$114,346.66 to be funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreements CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION TRUCK RENTALS FOR WATER AND GAS DEPARTMENT PV Rentals Corpus Christi, Texas MONTHLY ANNUAL COST PER COST PER ITEM DESCRIPTION TRUCK MONTHS TRUCK QTY. EXTENDED TOTAL 1 Single Cab 1/2 Ton Trucks $1,020.00 12 $12,240.00 11 $134,640.00 2 Crew Cab 1/2 Ton Trucks $1,120.001 12 1 $13,440.001 2 1 $26,880.00 3 Allowance for unforeseen repairs 1 $10,000.001 1 1 $10,000.00 TOTAL $171,520.00 S SERVICE AGREEMENT NO. 1:475 ORFOR Lease of 13 Trucks for Water and Gas Department I THIS Lease of 13 Trucks for Water and Gas Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("'City"') and PV Rentals LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Lease of 13 Trucks for Water and Gas Department in response to Request for Bid/Proposai No. n/a ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits I and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Lease of 13 Trucks for Water and Gas 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. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $171,520.00, 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. 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: Service Agreement Standard Form Page I of 7 Approved as to Legal Form 1012117 Joanna Moreno Utilities Treatment Phone: 361-826-1649 Email: Joan naM@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COV'), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the C01 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, 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 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 1012117 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 ® 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 offer the close of any fiscal year of the City,which fiscal year ends on September 30rh 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. 111. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12, Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the 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 some extent as if the Contractor and its employees had performed the work. 113. 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 some. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 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 fox, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of: Corpus Christi Attn: Joanna Moreno Title. Contract Administrator Address: 2726 Holly Rd., Corpus Christi, TX 78415 Fax: 361-826-1715 IF TO CONTRACTOR: PV Rentals LLC Attn: Soen Sheppard Title: Sales Marketing Development Address: 905 Cantwell Ln., Corpus Christi, Texas 78408 Fox: 361-452-8668 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND At ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR' ITS EMPLOYEES OR AGENTS. 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 OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, Service Agreement standard Form Approved as to Legal Form 10/2/17 Page 4 of 7 LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator Must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide Proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. 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 1.295 "Certificate of Interested Parties" as part of this Agreement. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 23- Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement, 24. Governing Law.This Agreement is subject to all federal,State, and local laws, rules, and regulations. The applicable low for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 CONTRACTOR _ Signature: _ r k Printed Name: 5 Title: u G . Date: I CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Band Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. n/a Exhibit 2: Contractor's Bid'/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Farm 10/2/17 Affachment A. Scope of Work Leasing of 13 trucks for a contract term of one year. Contractor will provide: 0 11 Single cab 2X4 1/2 ton trucks- White unmarked ® 2 Crew cab 2X41/'2 ton trucks-White unmarked vehicles with full manufactures warranfy all regular maintained and wearable items are included in the cost replacement truck for out of service trucks Page I of 1 ® ATTACHMENT QUOTE/PRISING SCHEDULE CITY OF CORPUS CHRISTI MrD atA QUOTE FORM 1. Refer to "Sample Service Agreement" Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight,for each item. 3. In submitting this quote, vendor certifies than the prices in this quote have been arrived at independently, without consultation, communication, or agreement with any other vendor or competitor, for the purpose of restricting competition with regard to prices. Invitation ttoo__cquote, FOB Destination, Frei ht Included, on the followIDE. DESCRIPTION QTY ' . UNIT UNIT PRICE PRICE'TQTAL.. 1/2 Ton 2X4 Single Cab Pickup 11 EA $12,240.00 $134,640.00 1/2 Ton 2X4 Crew Cake Pickup 2 EA $13,440.00 $26,880.00 * Allowance to pays for additional cost 1 LS $10,000.00 $10,000.00 'T TAI.' $171 ,520.00 COMPANY: PV Rentals LLC NAME OF PERSON AUTHORIZED TO SIGN: Soen Sher)pard ADDRESS: 905 Cantwell Ln. CITY STATE/ZIP: Cor us Christi, TX 78408 PHONE: EMAIL: sshe qrdC� vrentals.cora� FAX: 361-452-8668 f - DATE: 1/ 1/2018 Ii T1,1 ': TITLE: Slales Marketinq Develop`nent A116wa nc is to pay for any mileage overages charged at the close of rental at a rate of 18¢/per mile and also to pay for any unforeseen repairs which must be preapproved by the City. Note: Any expenditures must be coordinated through the City's Contract Administrator. THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL. A LATER DATE. Page 1 of 1 Aftchment C. Insuronce Requirements Section 5. (A) is null for this Service Agreement. Page I of I Attachment C: Bend Requirements Section 5. (B) is null for this Service Agreement. Page I of p �r Attachment a; Warranty Requirements Vehicles will have full manufactures warranty. Page IofI gyus o H 1+' AGENDA MEMORANDUM NORPORpEFuture Item for the City Council Meeting of February 13, 2018 1852 Action Item for the City Council Meeting of February 20, 2018 DATE: February 13, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities anG(2cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kimb2&cctexas.com (361) 826-3169 Supply Agreement for Sodium Chlorite Solution for the O.N. Stevens Water Treatment Plant for Two Years for a total amount not to exceed $1,404,000, with Two One-year Options and a Total Potential Multi-Year Amount of $2,808,000 CAPTION: Motion authorizing a supply agreement with International Dioxcide, Inc., of North Kingstown, Rhode Island for the purchase of sodium chlorite solution for a total amount not to exceed $1,404,000 for a term of two years, with an option to extend for two additional one-year periods; with a total potential multi-year amount of$2,808,000. PURPOSE: This item is to approve a supply agreement for sodium chlorite solution for the O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: Sodium chlorite solution is a chemical used for the generation of chlorine dioxide at the O.N. Stevens Water Treatment Plant. This chemical helps to oxidize organic matter in the water through the generation of chlorine dioxide. This chemical also introduces chlorite into the water to aid in the prevention of nitrification for the distribution system. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, International Dioxcide 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 Department — Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $7,975,093.68 $2,398,500.00 $10,373,593.68 Encumbered / Expended Amount $4,591,883.60 $0 $4,591,883.60 This item $409,500.00 $2,398,500.00 $2,808,000.00 BALANCE $2,973,710.08 $0 $2,973,710.08 Fund(s): Water Comments: The initial contract term total is $1,404,000 of which $409,500 is funded in FY2017-18. If all options are exercised the total contract value will be $2,808,000. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS BID TABULATION RFB 1456 PURCHASING DIVISION SODIDUM CHLORITE SOLUTION BUYER: CYNTHIA PEREZ International Dioxcide, Inc. Evoqua North Kingstown, Rhode Island Sarasota, Florida Unit Extended 24 Monthni Unit Extended Item Description 24 Month Qty. Unit Price Price Qty t Price Price 1 25% Sodium 3,000,000 Lbs. 0.47 $1,404,000.00 3,000,000 Lbs. $ 0.484 $1,452,000.00 Chlorite Solution 2 Unloading Delay 12.51 HR $0.001 12.5 HR $50.001 $1,250.00 Total $1.404.000.00 Total: $1.453.250.00 .mus c, �a a� H SUPPLY AGREEMENT NO. 1456 Sodium Chlorite Solution for Water Treatment Plant 'Ga �uan<Q 1852 THIS Sodium Chlorite Solution for 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 International Dioxcide, Inc. ("Supplier'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Sodium Chlorite Solution for Water Treatment Plant in response to Request for Bid No. 1456 ("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 Sodium Chlorite Solution for 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 24 months. The parties may mutually extend the term of this Agreement for up to two additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $1 ,404,000, 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 authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 10/2/17 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 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 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 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 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. 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: Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 IF TO CITY: City of Corpus Christi Attn: Diana Zertuche-Garza Title: Contracts/Fund Administrator Address: 13101 Leopard Street, Corpus Christi, Texas 78410 Fax: (361 ) 826-4488 IF TO SUPPLIER: International Dioxcide, Inc. Attn: Thomas M. Dwyer Title: Business Director Address: 40 Whitecap Drive, North Kingstown, RI 02852 Fax: (401 ) 295-8800 17. SUPPLIER SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 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 inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 SUPPLIER Signature: Printed Name: ,Y. Title: Date: - -ZIJIa 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. 1456 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Supplier shall provide Sodium Chlorite Solution as outlined in this Scope of Work to be used at the City of Corpus Christi Water Treatment Plant. This chemical is used to generate Chlorine Dioxide and introduce Chlorite into the treatment process. The Chlorite aids in the prevention of nitrification in the distribution system. The Sodium Chlorite Solution must conform to all the requirements of this scope of work. 1.2 Scope of Work The Supplier shall provide with every delivery a chemical analysis for each chemical shipment, and the chemical analysis must include the percentage of assay, specific gravity and pH. MATERIAL REQUIREMENTS: The Sodium Chlorite Solution delivered under this agreement will meet the following specifications: Item Weight Assay 24.5 - 25.5% as NaC 102 pH >12.0 Specific gravity 1 .211 The product shall be certified by the National Sanitation Foundation (NSF) to ANSI/NSF Standard 60 for drinking water treatment chemicals- health effects. The product should meet the AWWA Standard 13603-03; EN: 15482-2007. 1.3 Base Deliverables 1 . Deliveries will be made to the following location: O.N. Stevens Water Treatment Plant, 13101 Leopard St., Corpus Christi, TX 78410 Deliveries shall be made between 8:00 a.m. and 5:00 p.m., Monday through Sunday, excluding holidays, unless specific arrangements are made otherwise. 2. Orders will be placed by telephone or email. The Supplier will deliver the amount of Sodium Chlorite Solution ordered within twenty-four hours of order placement. No minimum or maximum purchase of Sodium Chlorite Solution is guaranteed by the City within the duration of the contract. 3. Shipment(s) will be delivered in 4,000-gallon tank trucks. Each chemical shipment must be weighed on a state certified truck scale located within the city limits of Corpus Christi before delivery to and after unloading at the water treatment plants. 4. Deliveries of Sodium Chlorite solution must be by drivers thoroughly trained and familiar with the related hazards, safety measures, and spill cleanup procedures for Sodium Chlorite Solution. All spills and leakage, regardless of size must be properly and immediately cleaned up by Supplier's personnel. The Supplier shall be required to respond to any and all such emergencies within eight (8) hours of being notified. 5. The Supplierwill be responsible for unloading the chemical. The Supplier shall provide any special equipment necessary for unloading, up to and including, hoses, connections, compressors, etc. 6. The Supplier must provide an affidavit of compliance to the City of Corpus Christi stating that at the time of delivery the chemical furnished under the release order complies with all applicable requirements of this specification. 7. The Supplier shall allow two hours "unloading time" for each chemical shipment, starting from the time the load enters the plant site to the time the unloading of the chemical shipment is completed. Unloading of the chemical is complete when unloading apparatus is disconnected from storage facilities and secured, and a designated City of Corpus Christi representative has signed all delivery tickets for each respective load. Any unloading time in excess of two hours which is directly attributable to the City will be paid for at the unit price bid for "Unloading Delays," rounded and prorated to the nearest quarter hour. This amount shall be included with the invoice for payment for that particular load of chemical. 8. City of Corpus Christi Plant Supervisors, or their designee, may take a sample of any chemical shipment for testing prior to unloading of the chemical. In addition, approximately every three months during the supply agreement, the City will take a random sample of the chemical upon delivery. This sample will be sent to an independent laboratory chosen by the City, and tested for all items outlined in the product specifications. 9. The Plant Supervisor may reject any chemical shipments that contain a concentration of any component outside the allowable concentration range as specified in the product specifications. 10.The Supplier shall be responsible for mailing a legible copy of each chemical shipment weight "ticket" to the respective City of Corpus Christi Water Supervisor within five business days of delivery of the chemical. Payments to the Supplier will not be processed unless this requirement is met. 1.4 Other Requirements 1 . All materials supplied must comply with all requirements and standards of the Occupational Safety and Health Act (OSHA). All appropriate markings shall be in place before delivery. Items not meeting OSHA specifications will be refused. 2. The Supplier shall base its billing and quantity for each chemical shipment on "local" certified weight tickets for the delivery of 25% Sodium Chlorite Solution. 3. The Supplier must submit the chemical analysis, weight ticket, and bill of lading with each invoice. 1.5 Supplier Quality Control and Superintendence The Supplier shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Supplier will also provide supervision of the work to insure it complies with the contract requirements. Attachment B - Bid/Pricing Schedule PUS CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1456 Ie�a Sodium Chlorite Solution for Water Treatment Plant Date: PAGE i OF 1 Authorized Bidder: 04iv 6110!ttr 01Z Lha• Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently,entl p y, 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. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. . ._ _ .. _.... .. .. ..... _.. ZY Item DeSGrI tion UNIT Annual YRS. _....._. _ _o P Total Unit Total.mm ��� Q • Price Price 1 25%Sodium Lbs. 1,500,000 2 3,000,000 $ $ Chlorite Solution 2 Est. Unloading HRS 12.5 2 25 t Dela Char, l es $ $ N 4 Total Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager.The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is not this Exhibit. domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 POLLUTION LIABILITY $1,000,000 Per Incident Limit (Including Cleanup and remediation) $1,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. 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. 2017 Insurance Requirements Purchasing - Utilities Supply and Deliver Sodium 25% Chlorite Solution 1 1/15/2017 sw Risk Management Attachment D - Warranty Requirements No warranty requirements necessary for this supply agreement; Section 8. Warranty is null for this supply agreement. se o� � v AGENDA MEMORANDUM NORPgRpEO Future Item for the City Council Meeting of February 13, 2018 1852 Action Item for the City Council Meeting February 20, 2018 DATE: February 13, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities anGQcctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim 2&cctexas.com (361) 826-3169 Meter Boxes and Lids Supply Agreement CAPTION: Motion authorizing a 36-month supply agreement with Ferguson Enterprises Inc., of Corpus Christi, Texas for Meter Boxes and Lids for the Utilities Department for a total amount not to exceed $289,294.72. PURPOSE: This is a motion to approve a supply agreement for meter boxes and lids for the Utilities Department. BACKGROUND AND FINDINGS: The meter boxes and lids are stocked by the warehouse and used for existing and new service by the Utilities Department. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received one bid; staff conducted a price comparison with a local vendor and has established that the bid submitted was fair and reasonable. Staff recommends award to Ferguson Enterprises 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: Finance FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,800,000.00 $225,007.00 $3,025,007.00 Encumbered / Expended Amount $162,432.05 $0 $162,432.05 This item $64,287.72 $225,007.00 $289,294.72 BALANCE $2,573,280.23 $0 $2,573,280.23 Fund(s): Stores Comments: The initial contract is for an amount not to exceed $289,294.72 for 36 months, with an estimated expenditure of$64,287.72 to be funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement PURCHASING DIVISION CITY OF CORPUS CHRISTI BID TABULATION BID INVITATION NO: 1416 BUYER: CYNTHIA PEREZ METER BOXES AND LIDS Date: 12/22/17 FERGUSON ENTERPRISES CORPUS CHRISTI, TEXAS UNIT TOTAL ITEM DESCRIPTION QTY PRICE PRICE 1 3419 Lid & Ring, Inlet 24-1/2 252 $94.65 $23,850.79 2 3424 Valve Box Extension 8" 600 $19.16 $11,495.40 3 3425 2" Valve Box Riser 30 $5.85 $175.62 4 3429 3" Valve Box Riser 30 $7.45 $223.47 5 3430 4" Valve Box Riser 30 $8.52 $255.45 6 3431 6" Valve Box Riser 30 $10.64 $319.29 7 3432 Valve Box Lid, 7 - 1/2" 600 $10.64 $6,385.20 8 3433 Meter Box 12" x 18" 540 $43.64 $23,565.60 9 3435 17" x 30" Meter Box 300 $68.28 $20,484.00 10 3436 17" x 30" Lid Plastic 600 $75.20 $45,120.00 11 3437 #11 Oval Meter Box 4800 $31.93 $153,268.80 12 13438 #1 Meter Box Lid "Sewer" 300 1 $13.84 $4,151 .10 TOTAL $289,294.72 .mus c, �a a� H SUPPLY AGREEMENT NO. 1416 Meter Boxes & Lids for the City Warehouse 'Ga �uan<Q 1852 THIS Meter Boxes & Lids for the City Warehouse Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Ferguson Enterprises Inc. ("Supplier'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Meter Boxes & Lids for the City Warehouse in response to Request for Bid No. 1416 ("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 Meter Boxes & Lids for the City Warehouse 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 36 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $289,294.72, 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 authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 10/2/17 Name: Robert Presnell Department: Finance - Warehouse Phone: (361 ) 826-1750 Email: RobertPR@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 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 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 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. 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: Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 IF TO CITY: City of Corpus Christi Attn: Robert Presnell Title: Stores Supervisor Address: 5352 Ayers St. Bldg. 6, Corpus Christi, Texas 78415 Fax: N/A IF TO SUPPLIER: Ferguson Enterprises, Inc. Attn: Bryan Steele Title: Sales Manager Address: 221 Junior Beck Dr., Corpus Christi, Texas 78405 Fax: (361 ) 289-1968 17. SUPPLIER SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 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 inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 SUPPLIER Signature: Printed Name: e Title: Date: Q 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. 1416 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as-to Legal Form 10/2/17 Attachment A - Scope of Work 1.1 General Requirements The Supplier shall provide meter boxes and lids for the City's Warehouse as outlined in this Scope of Work. The meter boxes and lids are used for existing and new service by the Utilities Department. 1.2 Scope of work A. The Supplier shall provide meter boxes and lids, as outlined on the bid/pricing schedule. This specification covers various meters used by the City. The products listed in this specification will be used to restock the Warehouse Department. B. The Supplier will cross reference the City's stock number listed on the bid sheet. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. 1.3 Contractor Quality Control and Superintendence All meter boxes and lids will be defect free, properly packed and shipped to ensure a safe delivery. 1.4 Delivery 1 . Supplier shall ship the materials in a specified time frame dictated by the Department Requestor to: City's Warehouse located at 5352 Ayers St., Corpus Christi, Texas 78415. 2. All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 3. Receipt of products that do not conform will not be accepted by the City. 4. Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Supplier must arrange for the return shipment of damaged products. 5. Supplier understands and agrees that the City may, at its discretion, cancel any backorders due to the Supplier's inability to deliver the product within the set time frame. 6. Cancellations shall be in writing and sent to Supplier by email, fax or mail. 7. No restocking fee or payment of any kind shall be owed for orders cancelled due to Supplier's inability to meet the deadline delivery date. Attachment B - Bid Pricing/Schedule SC 0 oke CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1416 ORPOR .1852 Meter Boxes & Lids for Warehouse Department PAGE I OF 2 Date: 12-19-2017 Authorized Bidder: FERGUSON Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. Item Description UNIT QTY Unit Price Total Price I City Stock No. 3419 Lid & Ring, Inlet 24-1/2", EA 252 $ 94.646 $ 23,850.79 Metal, SIGM, A90R&C 2 City Stock No. 3424 Valve Box Extension 8", Metal, EA 600 $ $ SIGM, 59VCC2 19.159 11,495.40 3 City Stock No. 3425 2" Valve Box Riser, Metal, EA 30 $ $ SERA, 59VR0201 5.854 175.62 4 City Stock No.3429 3" Valve Box Riser, Metal, EA 30 $ $ SERA, 59VR0301 7,449 223.47 5 City Stock No. 3430 4" Valve Box Riser, Metal, EA 30 $ $ SERA, 59VR0401 8.515 255.45 6 City Stock No. 3431 6" Valve Box Riser, Metal, EA 30 $ $ SERA, 59VR0601 1 10.643 319.29 City Stock No. 3432 Valve Box Lid, 7-1/2," 7 Water, Metal, CC2 Lid EA 600 $ 10,642 $ 6,38 .20 8 City Stock No. 3433 Meter Box 12" x 18", EA 540 $ $ Metal, SIGM, I Cl Meter BX 1 43.640 23,565.60 9 City Stock No. 3435 17" x 30" Meter Box, #2, EA 300 $ $ Plastic, 68.28 20 484. 10 City Stock No. 3436 17" x 30" Lid Plastic, EA 600 $ I $ OLDC, 17304012 75.20 45,120.00 11 City Stock No. 3437 #11 Oval Meter Box, EA 4,800 $ $ Metal, SERA 6401 31.931 City Stock No. 3438 #1 Meter Box Lid "Sewer," 12 12" x 18", Metal, SIGM, NBI 781 IS EA 300 $ 13.837 $ 4,151.10 Total $289,294.72 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 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 policy by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that,with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Purchasing Order and Delivery of Goods 10/27/2017 sw Risk Management Attachment D - Warranty Information 10 Oldcastle Precast' CARS(*)N IM, SYNERTECH Enclosure Solutions www.oldcastlenrecast.com/e-nclosuresolutions Warranty: Oldcastle Precast, Inc. (Seller)warrants for a period of one year from date of shipment Seller's manufactured products. This warranty applies to the extent that Seller will replace those products having defects in material and workmanship when used for the purpose and in a manner which Seller recommends. Upon Sellers examination and to its satisfaction if products are found to be defective, and an adjustment is required, the amount of adjustment will not exceed the original net price of the defective products or damage resulting from same. Seller warrants the products which it sells of other manufactures to the extent of the warranties of their respective makers. THIS IS SELLER'S SOLE WARRANTY. SELLER MAKES NO OTHER WARRANTY OF ANY KIND EXPRESSED OR IMPLIED AND ALL WHICH EXCEED SELLER'S AFORESTATED OBLIGATION ARE NEARBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS WARRANTY. Seller neither assumes, nor authorizes any person or persons to assume for it, any other obligation in connection with the sales of its products. This warranty shall not apply for it, any other obligation in connection with the sale of its products. This warranty shall not apply to any product of parts of products which (a) have been repaired or altered outside of Seller's factory, in any manner; (b) have been subjected to misuse, negligence or accidents; (c) have been used in a matter contrary to Seller's instruction or recommendations. OPES2009 se o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of February 13, 2018 "cis52Ea Action Item for the City Council Meeting of February 20, 2018 DATE: February 13, 2018 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk., Director of Solid Waste Operations l a w m(cr7,cctexa s.co m (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 2p_cctexas.com (361) 826-3169 Service Agreement for Household Hazardous Waste Disposal for Solid Waste Operations for 36 months for a Total Amount Not to Exceed $491,118.75, with Two Additional One-Year periods and Total Potential Multi- Year amount of $818,531.25 CAPTION: Motion authorizing a 36-month service agreement with Green Planet, Inc., of Royse, Texas for household hazardous waste disposal for a total amount not to exceed $491,118.75, with two one-year options for a total potential multi-year amount of $818,531.25. PURPOSE: This service agreement will be utilized by the Solid Waste Department to categorize, package, manifest, transport, and properly dispose of waste collected through the Household Hazardous Waste Program. BACKGROUND AND FINDINGS: The Household Hazardous Waste Program was established in 1993. The program has evolved into a major collection effort where household hazardous materials are brought to the landfill throughout the year and categorized, packaged, transported, and disposed of in accordance with all federal and state regulatory guidelines and reporting requirements. The contractor is responsible for furnishing all equipment, material and labor to satisfactorily dispose of the material. Items disposed of include batteries, paints, aerosols, gas cylinders, pesticides, oils, light bulbs, and other hazardous materials. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received two responsive, responsible bids, and is recommending the award to the lowest, responsive, responsible bidder, Green Planet, Inc. of Royse, 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: Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $481,183.45 $709,394.25 $1,190,577.70 Encumbered / Expended Amount $50,263.39 $0.00 $50,263.39 This item $109,137.50 $709,394.25 $818,531.75 BALANCE $321,782.56 $0.00 $321,782.56 Fund(s): Storm Water Comments: The initial contract term total is $491,118.75, of which $109,137.50 will be funded in FY2017-18. The total estimated contract value will be $818,531.25 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation City of Corpus Christi Bid Tabulation Purchasing Division RFB No.1453 Buyer:Cynthia Perez Household Hazardous Waste Disposal Service Stericycle Environmental Green Planet Inc. Solutions,Inc. HHW Disposal Services Monday-Friday Corpus Christi,TX Royse,TX Item Description Unit QTY M-F Unit Price Total Price Unit Price Total Price 1 Flammable Liquids Lbs. 64,800 $1.25 $81,000.00 $0.75 $48,600.00 2 Flammable Solids Lbs. 180 $1.40 $252.00 $2.00 $360.00 3 Aerosols Lbs. 11,400 $1.90 $21,660.00 $1.00 $11,400.00 4 Reactives(25 lbs.Minimum Lbs. 300 $4.40 $1,320.00 $6.00 $1,800.00 5 Corrosive Liquids Lbs. 5,400 $1.20 $6,480.00 $1.50 $8,100.00 6 Corrosive Acids Lbs. 12,720 $1.20 $15,264.00 $1.50 $19,080.00 7 Corrosive Bases Lbs. 10,920 $1.20 $13,104.00 $1.50 $16,380.00 8 Oxidizers Liquids Lbs. 180 $6.00 $1,080.00 $2.25 $405.00 9 Oxidizers Solids Lbs. 15,120 $6.00 $90,720.00 $2.25 $34,020.00 10 Poisons Liquids Lbs. 34,200 $1.50 $51,300.00 $1.50 $51,300.00 11 Poisons Solids Lbs. 10,680 $1.58 $16,874.40 $1.50 $16,020.00 12 Oil Based Paint-Paint Related Material Lbs. 44,400 $1.40 $62,160.00 $0.75 $33,300.00 13 Compressed Non-Flammable Gas Cylinders Lbs. 18,000 $18.00 $324,000.00 $2.50 $45,000.00 14 Compressed Flammable Gas Cylinders Lbs. 42,600 $4.38 $186,588.00 $1.50 $63,900.00 15 Fire Extinguishers Lbs. 9,300 $4.38 $40,734.00 $1.00 $9,300.00 16 Mercury/Manufactured Articles Lbs. 204 $9.75 $1,989.00 $2.50 $510.00 17 Lead-Acid Batteries Lbs. 4,200 $0.65 $2,730.00 $0.35 $1,470.00 18 Lithium Batteries Lbs. 192 $6.00 $1,152.00 $3.50 $672.00 19 NiCad Batteries Lbs. 3,000 $1.00 $3,000.00 $0.65 $1,950.00 20 Alkaline Batteries Lbs. 3,000 $1.00 $3,000.00 $0.65 $1,950.00 21 Fluorescent Bulbs Lbs. 6,000 $1.00 $6,000.00 $1.00 $6,000.00 22 Compact Fluorescent Bulbs Lbs. 540 $1.00 $540.00 $0.50 $270.00 23 Polychlorinated Biphenyl(PCB)Ballasts Lbs. 12,000 $6.30 $75,600.00 $0.85 $10,200.00 24 Other Regulated Lbs. 6,000 NO BID NA $1.50 $9,000.00 25 Other Non-Regulated Lbs. 6,000 $0.90 $5,400.00 $0.50 $3,000.00 Sub Total $1,011,947.40 $393,987.00 HHW Disposal Services-Weekends 26 Flammable Liquids Lbs. 16,200 $1.55 $25,110.00 $0.75 $12,150.00 27 Flammable Solids Lbs. 45 $1.60 $72.00 $2.00 $90.00 28 Aerosols Lbs. 2,850 $2.12 $6,042.00 $1.00 $2,850.00 29 Reactives(251b.Minimum) Lbs. 75 $4.75 $356.25 $6.00 $450.00 30 Corrosive Liquids Lbs. 1,350 $1.45 $1,957.50 $1.50 $2,025.00 31 Corrosive Acids Lbs. 3,180 $1.45 $4,611.00 $1.50 $4,770.00 32 Corrosive Bases Lbs. 2,730 $1.45 $3,958.50 $1.50 $4,095.00 33 Oxidizers Liquids Lbs. 45 $6.46 $290.70 $2.25 $101.25 34 Oxidizers Solids Lbs. 3,780 $6.55 $24,759.00 $2.25 $8,505.00 35 Poisons Liquids Lbs. 8,550 $1.72 $14,706.00 $1.50 $12,825.00 36 Poisons Solids Lbs. 2,670 $1.77 $4,725.90 $1.50 $4,005.00 37 Oil Based Paint-Paint Related Material Lbs. 11,100 $1.65 $18,315.00 $0.75 $8,325.00 38 Compressed Non-Flammable Gas Cylinders Lbs. 4,500 $19.50 $87,750.00 $2.50 $11,250.00 39 Compressed Flammable Gas Cylinders Lbs. 10,650 $4.80 $51,120.00 $1.50 $15,975.00 40 Fire Extinguishers Lbs. 2,325 $4.80 $11,160.00 $1.00 $2,325.00 41 Mercury/Manufactured Articles Lbs. 51 $10.42 $531.42 $2.50 $127.50 42 Lead-Acid Batteries Lbs. 1,050 $0.82 $861.00 $0.35 $367.50 43 Lithium Batteries Lbs. 48 $6.48 $311.04 $3.50 $168.00 44 NiCad Batteries Lbs. 750 $1.19 $892.50 $0.65 $487.50 45 Alkaline Batteries Lbs. 750 $1.19 $892.50 $0.65 $487.50 46 Fluorescent Bulbs Lbs. 135 $1.19 $160.65 $1.00 $135.00 47 Compact Fluorescent Bulbs Lbs. 135 $1.19 $160.65 $0.50 $67.50 48 Polychlorinated Biphenyl(PCB)Ballasts Lbs. 3,000 $6.76 $20,280.00 $0.85 $2,550.00 49 Other Regulated Lbs. 1,500 NO BID NO BID $1.50 $2,250.00 50 Other Non-Regulated Lbs. 1,500 $0.99 $1,485.00 $0.50 $750.00 Sub-Total $ 280,508.61 $97,131.75 an Total $1,292,456.01 $491,118.75 113S a SERVICE AGREEMENT NO. 1453 Household Hazardous Waste Disposal Service f�'anwo�alev 1852 THIS Household Hazardous Waste Disposal Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Green Planet, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Household Hazardous Waste Disposal Service in response to Request for Bid/Proposal No. 1453 ("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 Household Hazardous Waste Disposal Service ("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 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional twelve-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $491,118.75, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 10/2/17 Name: Norma Salinas Department: Solid Waste Operations Phone: (361 ) 826-1977 Email: NormaS@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. 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 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 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, 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 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: Norma Salinas Title: Systems Support Coordinator Address: 2525 Hygeia St., Corpus Christi, TX 78415 Fax: (361 ) 826-1971 IF TO CONTRACTOR: Green Planet, Inc. Attn: Virginia Belmore Title: President Address: 6371 State Hwy 276 W., Royse City, Texas 75189 Fax: (972) 636-3948 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. 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. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 CONTRACTOR Signature: � .. .�. Printed Name: Virain.ia Belmore Title: President Date: January 16, 2018 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1453 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A - Scope of Work 1.1 General Requirements The Contractor shall provide hazardous materials inventorying, identification categorization, consolidating, packaging, transportation, disposal, training and marketing of recyclables for the City's Household Hazardous Waste Program as outlined in this Scope of Work. 1.2 Scope of work A. The scope sets forth the minimum requirements for the inventorying, identification, categorization, consolidating, packaging, manifesting, transportation, and disposal of Household Hazardous Waste (HHW). All HHW will be collected at the City of Corpus Christi HHW facility located at the J.C. Elliott Transfer Station and Citizen Collection Center. B. The Contractor shall be responsible for furnishing all equipment, material, and labor required to inventory, identify, categorize, consolidate, package, transport, and dispose of all specified HHW collected at the J.C. Elliott Transfer Station and Citizen Collection Center. C. All work performed under these requirements will meet or exceed the applicable State Regulations including Texas Administrative Code Title 30 Chapter 335 Industrial Solid Waste and Municipal Hazardous Waste and the applicable provisions of the code of Federal Regulations (CFR) concerning HHW. D. All disposal sites utilized by the Contractor must be licensed, as required by law, by the Environmental Protection Agency (EPA) and / or the State of Texas. E. The Contractor shall maintain a current EPA identification number and / or a current Texas Commission on Environmental Quality (TCEQ) registration throughout the term of the contract. F. The Contractor shall maintain all required insurance and any Federal and State permits required for transportation and disposal of hazardous wastes. Additionally, the Contractor shall keep facility inspection plans and records, and comply with applicable Federal, State, and local regulations throughout the term of the contract. G. Contractor shall assume all liability and responsibility from the time the work begins until disposition including, but not limited to, handling at the HHW facility and transportation to an approved EPA disposal site. H. The Contractor shall be responsible for all costs incurred in the handling of collected wastes including inventorying, identification, categorization, consolidation, packaging, transporting, disposal and marketing of recyclables if appropriate. I. The Contractor shall provide the services on dates and times that are mutually agreed upon by both the Contractor and the City. This may include Saturdays and Sundays after 5:00pm. J. The Contractor shall meet with City staff within 30 days after award and then annually to review and revise program administration, detailed program planning; identification of tasks, Contractor performance, and the required schedule necessary to accomplish the tasks of the program. K. The Contractor shall inventory all the materials transported one week before the selected delivery date. L. The HHW collected is subject to regulations and restrictions imposed by the EPA and TCEQ or its successor agency. The Contractor shall submit a report for each collection event in which the items are categorized as per the TCEQ annual report. M. The Contractor shall make sure that all the items are transported for each occurrence. 1.3 Training A. The Contractor shall ensure all personnel involved with this program is trained for the level of expertise required for the proper performance of tasks, in the areas of chemical incompatibility, spills, and general first aid procedures in accordance with 26 CFR 1910.120 (e) or as maybe amended. B. The Contractor is responsible for providing its personnel with both handling and personal protective equipment (PPE) appropriate to ensure the safe handling of the hazardous waste. C. The Contractor shall have medical surveillance program for personnel involved in the direct handling and / or exposure to the chemical waste or the primary containers to avoid and correct job-related injuries or conditions. 1.4 Safety A. The On-site City HHW Facility Manager (Facility Manager) and the Contractor's Project Manager may upgrade or downgrade protection requirements, depending upon the associated hazards, volume of traffic, and weather conditions. B. The Contractor shall be required to follow basic personal protection guidelines that include, but are not limited to, the following: 1 . Wearing of work uniform, safety glasses / chemical splash goggles, and safety shoes. 2. Wearing of chemical resistant gloves and Tyvek coveralls / apron shall be required when working in the receiving area accepting waste materials. 3. Lab packaging at chemical waste shall require the same level of protective gear as worn in the receiving area with addition of a protective over-suit. 4. An individual air-purifying respirator, equipped with organic vapor / acid, gas / high efficiency combination cartridges, shall be available within reach of all personnel who are opening any containers. 5. Segregation and packaging of liquid waste shall require Tyvek coveralls / apron, and chemical resistant gloves and boots. Additionally, the Facility Manager or Contractor's Project Manager (if not using a full-face respirator) may require respiratory protection and chemical goggles / face shields. 1.5 Spill Contingency Plan A. The City's Facility Manager is responsible for activating the City's Emergency Plan. Under emergency conditions, the Contractor's Project Manager will support and advise the City's Facility Manager. Emergency response guidelines include, but are not limited to, the following: 1 . The Contractor's Project Manager and another trained Contractor personnel shall render minor first aid in situations of injury and exposure. 2. The City will maintain a first aid kit with sufficient supplies to care for minor injuries and exposure. 3. The City will provide an on-site personal eyewash station. 4. In a situation of inhalation of a toxic compound, the individual(s) must be removed to fresh air and transported to an emergency medical facility. Other personnel will be evacuated as necessary. If transportation or evacuation by the Contractor is not feasible, personnel shall continue first aid treatment until medical personnel arrive. 1.6 Waste Related Safety A. The City maintains on-site emergency spill response equipment, including: Class ABC dry chemical fire extinguishers, absorbent, and shovels. B. City staff and the Contractor shall restrict public access to the site as deemed necessary. C. City staff will assist the public by transferring chemical waste from their vehicles to the receiving area. D. The entire HHW collection area shall be designated non-smoking and will be posted with "No Smoking" signs. E. Notification of State and Local agencies is the responsibility of the City's Facility Manager. 1.7 Generator Status and Acceptance for Disposal A. The Contractor shall be deemed to be the "generator" (for the purposes of Texas and federal laws, rules, and regulations) of all materials accepted by the Contractor at the HHW facility from collection and operation of the HHW facility. B. The Contractor shall ensure that all materials accepted for disposal is accepted at the final disposal site(s). 1.8 General Site Rules A. Eating, drinking, and smoking are strictly prohibited in the HHW facility receiving areas and active work locations. B. All supplied atmosphere respiratory devices must meet at least the requirements of the specifications for Grade D breathing air as described in the Compressed Gas Association Commodity Specification G-7.1-1966 (Compressed Gas Association Inc. latest edition). C. Parking of non-essential vehicles outside of the designated parking area is prohibited. D. The City's Facility Manager shall have the authority to remove anyone from the site and prohibit their re-entry, should the City's Facility Manager or Contractor determine that the person threatens site safety and/or security. 1.9 Security The storage building and transport trailers containing the collected wastes must be appropriately marked to discourage tampering. 1.10 Waste Determination and Identification A. The Contractor shall adequately classify and segregate waste for proper transportation and disposal. B. The Contractor shall test waste or have it tested to the extent necessary for packaging and transport according to United States Department of Transportation (DOT) hazard classes and disposal requirements. The Contractor will provide equipment for use on-site that will be used to identify or categorize waste for disposal. C. The Contractor shall provide beneficial reuse if recycling is not possible. The preferred method of waste management is recycling or reuse followed by Resource Conservation and Recovery Act incineration or chemical treatment. Land disposal is to be minimized to the extent possible. 1.11 Provisions for Shipping Containers A. The Contractor shall provide containers and packaging for shipping hazardous waste that meet transportation and disposal requirements and applicable State and federal requirements. B. The Contractor shall utilize an inventory control systems which ensures proper record keeping and manifesting of hazardous waste shipments. Preparation of waste for shipment must be in accordance with applicable DOT regulations regarding packaging, labeling, marking and display of placards. 1.12 Provisions for Shipping Containers A. The Contractor shall supply all necessary technical personnel, labor, equipment, and materials to properly categorize, package, mark, label, and load for transport, the materials collected at the facility. B. Once chemicals are properly identified, the Contractor shall re-check the chemicals for compatibility, list the contents on the drum container sheets, and pack the chemicals into drums. C. All drums shall be packed by the Contractor according to EPA and DOT guidelines for proper transportation, storage and disposal of hazardous waste. All bottles, bags, or boxes received must be closed and placed in a drum bound with a steel band and bolt or placed in a drum or other acceptable container that is sealed. The drum or container must be filled with lightweight, inert absorbent, sufficient to contain the entire volume of waste. DOT shipping information, hazard labels, EPA codes and a packing slip shall be placed on the drum. The drums shall then be given a specific Contractor code number. D.The Contractor shall place the properly packaged, labeled, and manifested drums in a trailer for storage prior to transportation to a licensed storage facility. The load shall be transported in fully-permitted trucks. The ultimate disposal of hazardous waste will take place at federally - permitted hazardous waste sites previously identified to and approved by the City. 1.13 Manifests The Contractor shall provide certificates of disposal and drum numbers for all waste, including methods of disposal. Copies of all manifests must be provided to the City within 30 days. City designated representative must sign all manifests generated on-site. 1.14 Spill Control and Response The Contractor is completely responsible for the clean-up and any associated costs of any spill as a result of their activities at the pick-up site, during transportation, or at the disposal facility. The Contractor shall clean up spills in accordance with State and Federal regulations and verify that the clean-up meets applicable standards. The City reserves the right to verify costs and quality of any such clean-up required of the Contractor in performing tasks under the terms and conditions. 1.15 Equipment The Contractor shall supply all necessary items listed below. A. Sufficient and appropriate transportation to ensure all HHW is transported to a federally- permitted hazardous waste site. B. All packaging media and supplies. C. Polyethylene liners and sheeting D. Special safety equipment and gear as deemed necessary by the Contractor. 1.16 Site Layout A. Collection, segregation, packaging, bulking, and storage of waste will occur within the active work location of the HHW facility. Only trained personnel, Federal and State environmental regulatory and health representative staff will be permitted in this area. B. When providing services at the facility, the Contractor shall contain any spill or leakage that may occur and take all necessary precautions in the prevention of any spills. 1.17 Acceptance of Work A. The Contractor shall comply with State and Federal regulations concerning HHW collection programs as specified in the scope of work. B. The Contractor shall submit a report within thirty (30) days after each collection to: City of Corpus Christi Department of Solid Waste Address: 2525 Hygeia St. Corpus Christi, Texas 78415 Attn: Tony Benavides Via e-mail: TonyBCE?cc. exas.com C. The report shall include: 1 . An itemized list of total waste quantities collected, transported, and disposed of. This list shall be separated by disposal method and site. 2. A description of any areas of concern or potential difficulties in performing such programs in the future. 3. Copies of manifest evidencing proper receipt of hazardous waste at an authorized hazardous waste processing storage or disposal facility. 1.18 Additional Requirements A. The Contractor shall allow City staff and/or its agent to visit and inspect their storage and disposal facilities. B. The Contractor shall submit a report detailing the breakdown of the following costs: supplies, collection, transportation and disposal. The report shall be filed within thirty (30) days of completing the disposal process for any and all waste(s) accepted during a collection event. 1.19 Program Review A. During the term of the contract, a program review with City staff and the Contractor shall be held on a one-time basis. This review will take place between thirty (30) and sixty (60) days preceding the end of the contract term. B. Both parties will be given the opportunity to address specification conformance, market conditions, and other factors affecting the HHW industry. 1.20 City Contract Administrator The Contract Administrator shall approve all phases of performance and operations under this Contract including authorization for payment. The Contract Administrator or designee shall be the single point of contact for the Contractor for all matters. The Contract Administrator may change over time and any such changes will be given to the Contractor in writing. 1.21 Work Site and Conditions The work shall be performed at the primary HHW facility located at the J.C. Elliott Transfer Station and Citizen Collection Center., 7001 Ayers Road. Included at the facility are hazardous material and chemical storage buildings, oil collection tanks, storage building, office building, security fencing, and an impervious concrete slab. The facility is equipped with first aid and fire suppression equipment. 1.22 Contractor Quality Control and Superintendence 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. 1.23 Services required on Weekends Contractor shall provide pricing for services required on weekends at the J.C. Elliott Transfer Station and Citizen Collection Center located at 7001 Ayers. Street. Weekend work shall be required whenever the City experiences an increase in volume due to post disaster operations, or special events. Attachment B - Bid/Pricing Schedule CITY OF CORPUS CHRISTI .. ':: BID FORM SMF RFB No. 1453 . . Household Hazardous Waste Disposal Service PAGE 1 OF 3 Date: December 26, 2017 Authorized Green Planet Inc. �- . N, - Bidder: � Signature: � s���� ' - - 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 applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid farm. Bidders will be considered Non- Responsive if the bid form is modified. HHW Disposal Services required Monday thru Friday (Items 1-25) It fry mm.Descriptloo, ILINJT QTT Unit f c ... Total Price'.. MSF, 1 Flammable Liquids Lbs. __r _. 64,800 0.75 $48,600.00 Flammable Solids 2 Flam Lbs. 180 2.0 360.00...... � . Aerosols Lbs. 11,400 1.00 11400.00 4 ReITactives 25 lbs. minimum Lbs. 30Q 6.00 1800.00 _ 5 Corrosive Liuigds Lbs. 5,400 1.50 8100.00 6 L92orrosive Acids Lbs. 12,720 1.50 19080.00 7 Corrosive Bases Lbs. 10,920 1.50 16380.00 8 Oxidizers Liquids Lbs. 180 2.25 __405.00 9 Oxidizers Solids Lbs. 15,120 2.25 34020.00 10Poisons Liquids .... .... Lbs. 34,200 1.50 51300.00 1 Poison..... s SLbs. 1.50 16026.00 Solids � .. ... � .. ....... s. 1 ,68 ..�._..............................� 28 12 Oil Based Paint-Paint Related Lbs. 44,400 0.75 33300.00 Material 13 Compressed Non- Flammable Lbs. 18,000 2.50 45000.00 Gas Cylinders 14 Compressed Flammable Gas Lbs. 42,600 1.50 63900.00 qylinders 15 Fire Extinguishers Lbs. 9,300 1.00 9300.00 16 Mercu /Manufactured Articles J Lbs. 204 2.50 510.00 17 Lead- Acid Batteries Lbs. 4,200 0.35 1470.00 18 ..._ Lithium Batteries Lbs. 192 3.50 672.00 19 NiCad Batteries Lbs. 3,000 0.65 1950.00 20 Alkaline Batteries Lbs. 3,000 0.65 1950.00 21 Fluorescent Bulbs Lbs. 6,000 1.00 6000.00 22 Compact Fluorescent Bulbs Lbs. 540 0.50 270.00 23 Polychlorinated Biphenyl (PCB) Lbs. 12,000 0.85 10200.00 Ballasts 24Other Re elated Lbs. 6,000 1.50 9000.00 25 Other Non- Regulated Lbs. 6,000 0.50 3000.00 Total $393,987.00 HHW Disl2osail Services reggirpd gn 'We6&I3ds (items, 50 Item Description 'U NIT �iw�it Prig Toldt PrIco 26 Flammable Liquids Lbs. 16,200 ' 0.75 12150.00 27 Flammable Solids Lbs. 45 2.00 90.00 28 Aerosols Lbs. 2,850 1.002850.00 29 Reactives (25 Ib. Lbs. 75 6.00 __m 450.00 minimum W W 30 __. Corrosive Liquids.._ ' Lbs. 1,350 1.50 2025.00...... 1 Corrosive Acids Lbs. 3,180 1.50 4770.00 32 Corrosive Bases Lbs. 21730 1.50 4095.00 .. Liquids Lbs. 45 2.25 101.25 33 Oxidizers 34 Oxidizers Solids Lbs. 3,780 2.25 8505.00 35 _Poisons Lic uids Lbs. 8,550 1.50 12825.00 36 Poisons Solids Lbs. 2,670 1.50 4005.00 Oil-Based Paint- Paint 11,100 0.75 _8_325.00 37 Related Material Lbs. Compressed Non- 4,500 2.50 11250.00 38 1 Flammable Gas Cylinders Lbs. Compressed Flammable 10,650 1.50 15975.00 39 Gas Cylinders Lbs. 40 Fire Extin uishers Lbs. 2,325 1.00 ft12 5.00 41 Mercury/Manufactured Lbs. 51 2.50 50 Articles 29 42 Lead-Acid Batteries Lbs. 1,050 0.35 367.50 [43 ._.LI.... ..._ thium Batteries Lbs. 48 3.50 168.00 44 NiCad Batteries Lbs. 750 0.65 487.50 45 Alkaline Batteries Lbs. 750 0.65 487.50 46 Fluorescent Bulbs Lbs. 135 1.00 135.00 47 Compact Fluorescent Lbs. 135 0.50 67.50 Bulbs Polychlorinated Biphenyl._... _...... 3,000 0..8. ..................._......... _ ��.�.......... 2550.00 48PCB Ballasts Lbs. � 49 Other Regulated Lbs. 1,500 1.502250.00 50 Other Non-Re ulated Lbs. 1,500 0.50 _ 750.00 Sub- Total ub Total97131.75 Grand Total �y,'�' ,�(1 ,� s �d1„ 6 � , °i a y1 � x 1' � ��� l��� � � ��r �, �P ��� �d !!I +� , I $491,118.75 3 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 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 Bodily Injury and Property Damage cancellation, non-renewal, material change or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 POLLUTION LIABILITY $1 ,000,000 Per Incident Limit (Including Cleanup and remediation) $1 ,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • 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. 2018 Insurance Requirements Purchasing Household Hazardous Waste Disposal 01/10/2018 sw Risk Management Valid Through 12/31/2018 ATTACHMENT D: WARRANTY REQUIREMENTS No warranty requirements necessary for this service agreement; Section 8. Warranty is null for this service agreement. SC 00 � 0 E NCORPORP1E AGENDA MEMORANDUM 1852 Future Item for the City Council Meeting of February 13, 2018 Action Item for City Council Meeting February 20, 2018 DATE: 2/1/2018 TO: Margie Rose, City Manager THROUGH: Keith Selman, Assistant City Manager Keith Se(o-)-cctexas.co m 361-826-3898 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB(o-)-cctexas.com 361-826-3021 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as The Avanti at Greenwood to be developed by Avanti at Greenwood, LP. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2018 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The development is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2018 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. Avanti at Greenwood, once constructed, will be an Affordable Housing Development located at 6102 Greenwood Dr., Corpus Christi, TX 78417. Avanti at Greenwood, LP., proposes the construction of approximately 81 apartments of which approximately 73 units would serve families at or below 60% of the Area Median Income. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY/ NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2018-2019 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution —Avanti at Greenwood Presentation Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as The Avanti at Greenwood to be developed by Avanti at Greenwood, LP. Whereas, Avanti at Greenwood, LP. (the "Applicant") has proposed a development project to construct approximately 81 apartments to provide affordable housing that is located at 6102 Greenwood Dr. and named The Avanti at Greenwood ("The Avanti at Greenwood Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA")for 2018 Housing Tax Credits for the Avanti at Greenwood Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Avanti at Greenwood Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the proposed Avanti at Greenwood Project located at 6102 Greenwood Dr., Corpus Christi, Texas 78417. PASSED AND APPROVED this day of , 2018 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas of 2018 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Affordable Housing Resolutions Council Presentation February 20, 2018 1 Overview Region 10 — Urban • Avanti at Greenwood • Casa De Manana Apartments • Village at Greenwood 1 Avanti at Greenwood Developer — Avanti at Greenwood, LP. Units — 81 (new construction) Address — 6102 Greenwood Dr. Corpus Christi, TX 78417 Population served - Multifamily ® Casa De Manana Apartments Developer — TG 110 Units — 99 (demolition/reconstruction) Address — 4702 Old Brownsville Rd. Corpus Christi, TX 78405 Population served — Multifamily ® Village at Greenwood Developer — TG 110 Units — 81 (new construction) Address — 6018 Greenwood Dr. Corpus Christi, TX 78417 Population served — Multifamily 1 Locations } I Casa de.Manana Aryartments / / / `-� Y ���� o Banwood panti at Gr ntirootl '/�,,.�f °,...•, f / o ne i �7' SC 00 � 0 E NCORPORP1E AGENDA MEMORANDUM 1852 Future Item for the City Council Meeting of February 13, 2018 Action Item for City Council Meeting February 20, 2018 DATE: 2/1/2018 TO: Margie Rose, City Manager THROUGH: Keith Selman, Assistant City Manager Keith Se(o-)-cctexas.co m 361-826-3898 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB(o-)-cctexas.com 361-826-3021 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Casa De Manana Apartments to be developed by TG 110, Inc. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2018 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The development is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2018 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. Casa De Manana Apartments, once demolished and reconstructed, will be an Affordable Housing Development located at 4702 Old Brownsville Rd., Corpus Christi, TX 78405. TG 110., proposes the demolition and reconstruction of 99 apartments serving families at or below 60% of the Area Median Income. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY/ NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2018-2019 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution —Casa De Manana Apartments Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Casa De Manana Apartments to be developed by TG 110, Inc. Whereas, TG 110, Inc. (the "Applicant") has proposed a development project to substantially renovate 99 apartments to provide affordable housing that is located at 4702 Old Brownsville Rd., Corpus Christi, Texas 78405 and named Casa De Manana Apartments ("Casa De Manana Apartment Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2018 Housing Tax Credits for the Casa De Manana Apartment Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Casa De Manana Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the proposed Casa De Manana Apartment Project located at 4702 Old Brownsville Rd., Corpus Christi, Texas 78405. PASSED AND APPROVED this day of , 2018 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas of 2018 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn SC 00 � 0 E NCORPORP1E AGENDA MEMORANDUM 1852 Future Item for the City Council Meeting of February 13, 2018 Action Item for City Council Meeting February 20, 2018 DATE: 2/1/2017 TO: Margie Rose, City Manager THROUGH: Keith Selman, Assistant City Manager Keith Se(o-)-cctexas.co m 361-826-3898 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB(o-)-cctexas.com 361-826-3021 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Village at Greenwood to be developed by TG 110, Inc. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2018 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The development is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2018 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. The Village at Greenwood, once constructed, will be an Affordable Housing Development located at 6018 Greenwood Dr., Corpus Christi, TX 78417. TG 110 proposes the construction of approximately 81 apartments of which approximately 69 units would serve families at or below 60% of the Area Median Income. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY/ NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2018-2019 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution —Village at Greenwood Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Village at Greenwood to be developed by TG 110, Inc. Whereas, TG 110, Inc. (the "Applicant") has proposed a development project to construct approximately 81 apartments to provide affordable housing that is located at 6018 Greenwood Dr., Corpus Christi, Texas 78417 and named Village at Greenwood ("Village at Greenwood Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2018 Housing Tax Credits for the Village at Greenwood Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Village at Greenwood Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the proposed Village at Greenwood Project located at 6018 Greenwood Dr., Corpus Christi, Texas 78417. PASSED AND APPROVED this day of , 2018 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas of 2018 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn SC AGENDA MEMORANDUM City Council Meeting of February 13, 2018 DATE: February 13, 2018 TO: Margie C. Rose, City Manager FROM: Rene Garza, Interim Marina Superintendent ,eeG cctexas.com 361-826-3984 World Sailing 2018 Youth Worlds STAFF PRESENTER(S): Name Title/Position Department 1. Keith Selman Assistant City Manager Executive OUTSIDE PRESENTER(S): Name Oraanization 1. Mark Foster Corpus Christi Yacht Club 2. Alex Harris Corpus Christi Yacht Club 3. Sandy Carl Corpus Christi Yacht Club LIST OF SUPPORTING DOCUMENTS: PowerPoint—To Be Presented at City Council Meeting se w �a 0 H v /rypOBPOFPEO AGENDA MEMORANDUM 1852 City Council Meeting of February 13, 2018 DATE: January 29, 2018 TO: Margie C. Rose, City Manager FROM: Keith Selman, Assistant City Manager Keith Se cctexas.com 361-826-3898 Discussion of potential new TIRZ on North Beach STAFF PRESENTER(S): Name Title/Position Department 1. Keith Selman Assistant City Manager Executive 2. Aimee Alcon-Reed Assistant City Attorney Legal BACKGROUND: During the December 12, 2017 City Council Meeting, Councilmember Vaughn requested a briefing on creating a new TIRZ on North Beach. This presentation is an overview of the Tax Increment Financing Ch 311 Tax Code and the steps to creating a new TIRZ on North Beach. LIST OF SUPPORTING DOCUMENTS: PowerPoint—TIRZ#4 - Discussion of potential new TIRZ on North Beach TIRZ #4 Discussion of potential new TIRZ on North Beach Council Presentation N 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 o • Ch 311 Tax Code Tax Increment Financing • Tool that allows local governments to finance needed structural improvements and enhanced infrastructure in a designated area. • Improvements to area support and promote viability of existing businesses and attract new businesses. • Cost of improvements is repaid with future tax revenues on the increment (increased value of the property in the Zone). • Each taxing entity determines which percentage of its increment to dedicate to the fund. The city or county creating the Zone may dedicate all or some percentage of its increment by ordinance. Other taxing entities may contribute by entering into an agreement with the city or county. :u How It Works CD TIF Term MEnded 4) Incremental AV Total AV now Incremental tax revenue belongs to all for TIF to pay project taxing entites, Base AV Am belongsto all other taxing entities in TIF ............i,6 7;,a,r Fi,ii::....................................................... TIF Created TIF Term Ends Shows normal or market driven portion of TIF growth versus total including developer's investment Current City TIFs • TIRZ #2 (Island) TIRZ #3 (Downtown) — Created in 2000 — Created in 2008 — Expires in 2022 — Expires in 2028 — Used for infrastructure — Used for projects and projects on the Island, to incentivize new primarily at or near developments the Packery Channel downtown TIRZ Requirements • Section 311.005 of the Texas Tax Code provides that: (a) To be designated as a reinvestment zone, an area must: (1) substantially arrest or impair the sound growth of the municipality or county designating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use . . . (2) be predominantly open or undeveloped and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impair or arrest the sound growth of the municipality or county; (3) be in a federally assisted new community located in the municipality or county or in an area immediately adjacent to a federally assisted new community; or (4) be an area described in a petition requesting that the area be designated as a reinvestment zone . . . 6 Y Developed Areas While there are multiple eligible conditions listed in Section 311.005(a)(1) that might contribute to the area blight, the most common justification for a TIRZ in a developed area is that the area's present condition substantially impairs the city's growth because of a substantial number of substandard or deteriorating structures, which is consistent with 311.005(a)(1)(A). Other possible justifications include defective or inadequate sidewalks, faulty lot layouts, unsanitary or unsafe conditions, deterioration of site or other improvements, and conditions that endanger life or property by fire or other cause. Undeveloped Area The most common justification for a TIRZ in an undeveloped or underdeveloped area is section 311.005(a), which allows a TIRZ in an area that is predominantly open or undeveloped and substantially impairs or arrests the sound growth of the municipality due to obsolete platting, deterioration of structures or site improvements, or other factors. w]� ° l TIRZ by Petition N • An area is eligible for designation as a TIRZ if it is the subject of a qualifying petition. • The petition must be submitted by the owners of property constituting at least 50 percent of the appraised property value within the proposed zone. • To date, no qualifying petition has been received for the creation of a TIRZ on North Beach. Limitations on TIRZ Boundaries • An area may not be designated as a TIRZ if: — More than 30% of the property in the proposed reinvestment zone (excluding publicly-owned property) is used for residential purposes; or — The total appraised value of taxable real property in the proposed reinvestment zone and in the existing reinvestment zones exceeds 25% of the total appraised value of taxable real property within the city and its industrial districts. 0 s Procedure for Creating TIRZ 1. Draft preliminary financing plan 2. Publish notice of hearing on creation of TIRZ 3. Hold public hearing 4. Designate the TIRZ by ordinance and create the Board of Directors 5. Board prepares finalized project and financing plan for Council approval o Contents of Financing Plan (1 of 2) 1. Detailed list of the estimated project costs of the zone, including administrative expenses 2. List of proposed kind, number and location of all public works or public improvements to be financed by the zone 3. Economic feasibility study and finding that the plan is economically feasible 4. Estimated amount of bonded indebtedness 5. Estimated time when related costs or monetary obligations are to be incurred 2 Contents of Financing Plan (2 of 2) 6. Description of the methods for financing project costs and the expected sources of revenue to finance or pay project costs, including the percentage of tax increment to be derived from the property taxes of each taxing unit 7. Current total appraised value of taxable real property in the zone 8. Estimated captured appraised value of the zone during each year of its existence 9. Duration of the zone Contents of Project Plan 1. A description and map showing existing uses and condition of real property within the zone and proposed uses of that property 2. Proposed changes to zoning ordinances, the master plan of the city, building codes or other municipal ordinances or subdivision rules and regulations of the county 3. A list of estimated non-project costs 4. A statement of the method for relocating persons who will be displaced, if any, as a result of implementation of the plan 4 Next Steps • Direction from Council to proceed with the creation of TIRZ #4 on North Beach • Preliminary financing plan — Economic feasibility study — Determine boundary of TIRZ #4 and prepare necessary maps — Preliminary list of projects and estimated project costs — Determine duration of TIRZ #4 and estimated appraised value for each year • Start discussions with other taxing entities • Other preliminary work necessary to begin the process SC o� � v AGENDA MEMORANDUM NORPgRpEO City Council Meeting(Tabled) of January 30, 2018 1852 City Council Meeting of February 13, 2018 DATE: January 9, 2018 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, CFM, Assistant Director of Planning & ESI DanielMc@cctexas.com (361) 826-7011 Briefing — Proposed Annexation Policy Update STAFF PRESENTER(S): Name Title/Position Department 1. Daniel McGinn, AICP, CFM Assistant Director Planning & ESI 2. Keren Costanzo, LEED AP, AICP Senior City Planner Planning & ESI BACKGROUND: The Planning Department will be providing a presentation to update City Council on the status of the proposed annexation policy. This item was originally presented to the City Council at a workshop on March 30, 2017; and an update on the process was presented during a workshop on July 6, 2017. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Proposed Annexation Policy Exhibit A— Prototype of an Annexation Policy Exhibit B— Prototype of Petition for Annexation Application Content Proposed Annexation Policy r� City Council Presentation February 13, 2018 Overview ➢ Review new State Legislation ➢ Review Process to-date ➢ Determine Next Steps z x r New State Legislation: S.B. 6 i ➢ Tier 1 and Tier 2 Counties and Municipalities • Nueces County (Corpus Christi) and Surrounding Counties are Tier 1 (less than 500,000 in population) • Voters can petition to become Tier 2 (more restrictive) ➢ Any policy is a living document — State Legislature will address annexation every session 3 w New State Legislation: S.B. 6 Population County Tier 1 or 2 county (Census 2016) Houston 2,303,482 Harris 2 San Antonio 1,492,510 Bexar 2 Dallas 1,317,929 Dallas 2 Austin 947,890 Travis 2 Fort Worth 854,113 Tarrant 2 EI Paso 683,080 EI Paso 2 Arlington 392,772 Tarrant 2 Corpus Christi 325,733 Nueces 1 Plano 286,057 Collin+Denton 2+2 Laredo 257,156 Webb 1 4 f \ Texas Cities with Annexation Policies (Population Over 300,000) luuuui a Vuu a luuuu uui uui�uu m viii mM'u uiiiui a lii a uui�� Ilmuu uu a uuu ui'lii uui�uu a Vui uM'u uui uuiou Vui uuioi a uuuu a u uuu Ilk San Antonio Houston Austin Dallas Fort Worth Arlington EI Paso Corpus Christi 5 Corpus Christi Annexation History City of Corpus Christi, Texas Annexation History Legend o y C8y^4lmlts 196w�1909 71 IIII 9e �4rtgkna�1852 a 1970-1679 1620-929 1686-9909 •'�' a1 1930-1939 1994➢-1999 1940-V949 2000-2009 1999-1969 2616-present r 4 2.5 5 10 iM01es v •' � n�tl. 6 Process To Date ➢ March 30, 2017 City Council Workshop ➢ April Stakeholder Meetings — Background Information ➢ May 12, 2017 Stakeholder Meeting #1 — Reviewed working draft ➢ Second half of May, 2017 — Proposed text edits received ➢ May 31, 2017 — Presentation to Planning Commission describing process ➢ June 1, 2017 —Stakeholder Meeting #2 — Discussed proposed edits ➢ July 6, 2017 — City Council Workshop ➢ August 15, 2017 —851 State Legislature Special Session Concludes ➢ November 10, 2017 —Stakeholder Meeting #3 —Update and next steps ➢ December 13, 2017 — Briefing to Planning Commission Proposed Criteria Northwest Planned s` Development Area Southside Planned Development Area 1 I M �,a„' � � iuyu',11�!U� ,'"�pr1u✓'M '�idyy,y�,u, �,. „. Economic & Fiscal Health & Safety ',.. 'mlf>'�v2o�ltn.'g1�9.Al�LOF4E8l�' � •, 9i�E lY Y"�Lvur. nsz�-' Municipal Services Intergovernmental Relations Non-Annexation a x i Direction From Council Overall Process Guidance: ➢ Need a policy that works for Corpus Christi ➢ Everyone knows what the rules are ➢ Needs to be something we can live with — not discourage or kill development ➢ Keep Searching for the right mix that works for our community ➢ This is not easy and will require taking one step at a time ➢ Aim for a policy within the next 18 months Document Specific: ➢ Reduce cost burden to applicants ➢ Conduct fiscal impact analysis in-house, have model prepared ➢ Nominal per-acre application fee ➢ Rephrase "green infrastructure" to specifically address peak and total storm water flows ➢ Dedication of land requirement too burdensome 9 w Areas of Common Interest IIII �� plron .r.,.,E, �epma. ue ry ....... " �� IIIII IIuu ecclncrmy Infiastructure Iev�d n ,ble �p ���u urbarrvgrowthboudanes urbantimulE mart rowth ���ar0res ]obS ature�ao�omic- Yes ' 'Gla�r ©5.tl- (�peull Sbll�.�hra<�pcnty sprawl expensive re'poraibl city n fell-develnprreent 1, rbangrowth-boundary popule lion No doll taeke�.Nespon�es not accepisi. io 1 i Ikn;Ah 1.7 11Z I ,ices IppII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�� 1—h 11 I ny�,vv,l�v�VVVVVVVVVVVVVVVVV��� °'°°�g�,"�m�`°'�IIIIIIIIIIIIIIIIIIIIIIIIIIIII° 10 w Areas of Disagreement Strop Sly Agree M +1=4 hat Somew agree111111= +1=3 Unsure Somewhat a A... 6flp 7, illlllllllllllllllllllllllllllllllllllll 1 111111111111 Disagree ® stlrongly Ally xcn[r IR t At i 11�7/ 9 1 2 3 4 5 6 7 r..a SI o�It,Ak 1 ���Y,.at4tt J 11�% aly '. Note:Includes tabulation of written surveys,for a total of 14 results. Total ae:wan:.iz U yt"tY' [iatectn t rs ShnuVd 1. VIII, R 1 �rar II v tn,i 11 IIIVIIpVI� {luly Ph�titinirirr Annc.uatinn Sh-su4d '',. RNejulre;.r Flsr.,nl lier(�uct hnalYels III VIII Sl it aftl Rw,�u r.,o FlAnl it t�ncAhal�x j�.II�II�II�III��IIIINW Illk "Ar-1R 11 Lack of Consensus . .... . ... ........ b 2 < b B 10 Gra ,........ ..i.i.�i. + 2 = 5 M,ybe IMMENIMEMEM 0...............................................................................................................4......................................................... 6......................................................8 Note:Includes tabulation of written surveys,for a total of 13 results. ,o,ai Res�ie�.u 12 Stakeholder Viewpoints (Pros) Pros of an Annexation Policy: ➢ Sets Ground Rules ➢ Need a starting point ➢ Prevent impulsive annexation ➢ Protect current tax-rate payers ➢ All annexations are judged on the same criteria ➢ Opens door to expansion inter-regionally in addition to up and out ➢ Can assist in addressing affordable housing ➢ Agreement on the outcomes of an Annexation Policy, i.e. what the benefits are for developers and citizens 13 x r Stakeholder Viewpoints (Cons) i Cons of an Annexation Policy: ➢ Could limit growth ➢ Will this help or cost citizens of Corpus Christi? ➢ Inhibits growth ➢ Blindly follow policy ➢ Policy gets mired down in government process — becomes a monster ➢ Slows down the building process ➢ Can't see going forward with this policy ➢ Redundant— UDC already set structure/ Lined out in UDC ➢ State will trump or overrule what is done ➢ Will become a hurdle for all projects and add costs for residents ➢ London & Calallen are viewed Guinea Pigs ➢ Pre-development/soft costs must be capped. 14 w No Clear Options to Move Forward oA 15 Next Steps ➢Context: ➢Any annexation action, whether City-initiated or by petition from owner will require staff to present information to Council for decision-making purposes. ➢Option 1: Move forward with direction to staff to prepare a policy or guideline document detailing requested information to be provided for annexation actions. (See exhibit A) ➢Option 2: Move forward with direction to staff to prepare an application document detailing required information to be provided for annexation actions. (See exhibit B) ➢Option 3: Direct staff to cease work on this item. 16 Extraterritorial Jurisdiction z 44 Imo % Web Staple o ------------------------ Corpus Christi Extraterritorial Jurisdiction(ETJ) 17 EXHIBIT A City of Corpus Christi Annexation Policy—Working Draft Document Purpose:The purpose of this document is to describe the City of Corpus Christi's Annexation Policy.The Annexation Policy provides the guidance and rationale for the consideration of areas within the City of Corpus Christi's extraterritorial jurisdiction (ETJ) for annexation. The intent of the Annexation Policy is to implement Plan CC, the City's adopted Comprehensive Plan, by providing City Council with specific, objective, and prescriptive guidance for making decisions about annexation and other issues within Corpus Christi's extraterritorial jurisdiction (ETJ). In addition, Plan CC has designated two potential annexation areas tied to a Master Planning Process or Area Development Plan Process. Per Plan CC, the goal for annexed land shall be orderly development which is managed by local government according to an adopted land use and utility plan. Areas designated in Plan CC include, roughly, 4.6 square miles in the Northwest Area and 8 square miles in the Southside Area. Background:Annexation is the legal process that adds land to the corporate limits of a city. Annexation allows formerly unincorporated properties to receive municipal services such as police protection, fire protection, and garbage collection. Controlled annexation can yield a more efficient land development pattern responding to population growth and economic development opportunities,while ensuring effective delivery of services. The extraterritorial jurisdiction (ETJ) is a legally designated area of land located a specific distance beyond a city's corporate boundaries that a city has authority to annex. State statutes define the size of the ETJ boundaries according to a city's population.The statutes allow a five-mile ETJ for cities in excess of 100,000 in population. Corpus Christi falls into this category and has a five-mile ETJ. (, Y 0I CORPUS (,("{RIS` I AIwWHNH A.L.ID'4 POLICY VANU Ih Y 30, 2018II)IIR II..IL.I IN II RODUC If llON .1 EXHIBIT A The City will evaluate property owner-initiated annexations and City-initiated annexations based on the following Six Policy Statements and associated criteria: 1. The City of Corpus Christi will consider annexation to protect public health and safety by: a. Providing zoning, land use, building codes, and other development regulations; promoting and maintaining safe living and working conditions and sustainable development. b. Extending regulations before development occurs, on undeveloped land, where growth is anticipated. c. Preventing unregulated development in areas that: i. will have an adverse impact on adjacent areas within the City; ii. will have an adverse environmental impact; iii. will have an adverse impact on Military missions/operations, including advisories and determinations provided by the Department of Defense aid/or Federal Aviation Administration; iv. will have an adverse impact on the Port of Corpus Christi/j'0­nd navigable waters. 2. The City of Corpus Christi will consider annexation to prouide'municipal set es to: a. Residential, commercial, and industrial land uses,that would benefit from a level of service calibrated for a city rather than an unincorporate d,area. b. Jurisdictional pockets outside the city limits, but surrounded by the city, to provide logical planning and/or service delivery boundaries. c. Territories that establish contiguity required'forstrategic expansion of the City and its services. 3. The City of Corpus Christi will consider annexation where the property location is in: a. Areas contiguous to the City limits f6r whichdense urban or suburban development activity is anticipated; and b. Planned Development Areas asridentified.i the adopted comprehensive plan. 4. The City of Corpus Christi wilt evaluat annexation based on intergovernmental relations in order to: a. Protect its ability to expari`d its City limits. b. Provide municipal authorityover City-owned properties, including those belonging to City- owned utilities,.,ky annexir City-owned properties as soon as practical after acquisition. c. Preclude the creation of other competing political jurisdictions. d. Maintain the City's Aiiity to expand in the future and protect potential economic competition when evaluating requests for incorporations of new cities within Corpus Christi's ETJ. e. Address the viability of City-owned utilities when evaluating requests for Utility Districts or other Special Districts in the ETJ. f. Ensure that Special Districts in the ETJ do not create regulations that would not be in the best interest of the City. g. Provide services in coordination with service districts and utility providers, including, but not limited to, school districts, emergency services districts, public transportation providers, and utility providers. h. Promote collaborative relationships with other jurisdictions in the region. i. Provide consideration for the following factors prior to releasing any portion of the City's corporate limits or ETJ to another jurisdiction, or accepting territory from another jurisdiction: i. The exchange of areas of equivalent value with the other jurisdiction; CI()! CORPUS €,("{RIS I AIwtflN A.CIDN POLICY--.V I UAI: 30, 201 II)II� II II I SII'�ILlI 2 EXHIBIT A ii. Adequate land use control by the other municipality(as determined by the City)to protect the subject property and surrounding area; iii. The existence of distinct planning boundaries that define the current or proposed City limits and ETJ; iv. Fiscal impacts to the City's budget; V. The need for City protection of environmental or other resources; vi. The long-term effects of cumulative ETJ releases to other jurisdictions; vii. Suitability for designation as an Industrial District; viii. Ability to provide adequate municipal services to the area. 5. The City of Corpus Christi will consider annexation based on economic and fiscal impacts: a. Annexation of areas with proposed development that is fiscally feasible for both operating and capital improvements while maintaining current levels of service to existing residents. b. Annexation to ensure that areas benefitting from proximity to a large urban City are contributing revenue to offset the cost of providing services within an urban environment. c. The impact of additional population within the City limits to help procure state and federal funding for transportation and other services that are provided on a per capita basis. d. Annexation to keep economic activity, and associated tax revenues,within the City limits. e. Consider opportunities for agreements with other municipalities or regional/area service providers to assist with provision of services. f. For both City initiated annexations and petitions for annexation, a Fiscal Impacts Analysis will be conducted by City staff. See section on fiscal impact analyses below for further details. 6. The City of Corpus Christi will consider Non-Annexation Agreements for: a. Property owners that have Agricultural Exemptions, in accordance with state law. b. Special Districts,which shall include a statement that the property owner consents to future voluntary annexation and a negotiated annexation schedule shall be included. c. Areas willing to accept services,such as municipal water and wastewater, in lieu of annexation along with extension of City regulations and requirements. A negotiated annexation schedule shall be included.The area covered under the non-annexation agreement must pay the full costs of services provided by the City. d. Areas with taxing authority offering revenue sharing options in exchange for the agreement. e. Future and existing Industrial Districts. i. Industrial District 1 shall not extend south of 1-37. ii. Industrial District 2 will be protected from incompatible land uses. 1C v 0. CORPUS (, RIS I AIwtHNH.X;'\CID'4 POLICY--.WVJAIfRY 30, 2018 Il)IRAll:ll I RIA 3 I EXHIBIT A The City will require the following when receiving petitions for annexation: 1. An owner-initiated application will require the submittal of an annexation application.The application will, at a minimum, require: a. Ageneral development plan showing: 1) The dimensions and boundaries of the property; 2) Location of existing buildings and structures; 3) Proximity to existing water,wastewater, storm water, streets, and other public improvements; 4) A preliminary drainage plan for the project site using best management practices and prevent increases to both peak and total storm water runoff flows; 5) General arrangements of existing and proposed land uses; 6) The proposed zoning and density; 7) Development phasing; 8) The proposed street plan; 9) And proof of ownership. b. Public Infrastructure required to serve the proposed development and estimated costs; c. Projections of additional elementary, middle, and high school students the development will generate. d. Payment of an annexation application fee of$50 per acre,with a maximum fee of$50,000, or an amount as otherwise subsequently determined by ordinance of the City Council. 2. The City will consider the establishment of a Special District for the proposed area covered by development and annexation agreements to promote developments that incorporate higher development standards, such as the integrating a mixture of land uses, an interconnected network of streets, transportation alternatives to the automobile, and the provision of additional amenities. 3. A development agreement, detailing the obligations of the City and project developer and specifying the standards and conditions that will govern development of the property,will be required for the City to enter into an annexation agreement where the property owner is applying for annexation. (,I C J E.1! CORPUS (, RIS C I NwtlNH.XA; IDN POLICY--.WNUAIfRY 30, 2018 )IRAIF 11 I 4 ILII II Ih IRIA 4 EXHIBIT A Fiscal Impacts Analysis Details: 1. A fiscal impact analysis models the projected costs and revenues associated with the proposed development to determine the net fiscal impact of the development on the City. Such analyses would go beyond the provision of infrastructure, and would include city services such as police and fire protection, libraries, parks and recreation, and other city functions that experience increased demand for service from new development.The fiscal impact analysis must assess each phase of the proposed development. a. The Fiscal Impact Analyses shall be conducted by City Planning Division staff, in cooperation with pertinent Departments, project revenues and costs anticipated as a result of the proposed development. b. The Fiscal Impact Analysis considers both revenues and expenditures for proposed areas to be annexed using the development plan for the area and the current adopted City budget. Below is the methodology that shall be used for the Fiscal Impact Analysis. i. Expenditures: 1) Expenditures shall be considered for all municipal services to be provided. 2) Expenditures shall include annual operation and maintenance costs. 3) Expenditures shall include capital improvement costs. 4) Expenditures shall be based on an assessment of the services to be delivered, the level of service to be delivered and the estimated costs of providing the service. 5) Service delivery cost estimates shall be provided by the Department responsible for service delivery, guided by the selected consulting firm. 6) Expenditures may be estimated use average costing, marginal costing, or a combination of the two methodologies. ii. Revenues—the following shall be considered: 1) Property taxes from existing land uses 2) Property taxes for proposed future land use (based on current tax rate) 3) Sales taxes 4) Hotel Occupancy Taxes 5) Other revenues as applicable to the area being considered for annexation (e.g. other local taxes, user fees,fines, etc.) 6) Revenues may be estimated on per service population, per housing unit, per building square feet,and/or per acre basis, as appropriate. 7) A sensitivity test of revenue assumptions, such as assessed value of property and sales tax revenues, will be included in the fiscal analysis. c. Time Period of Analysis: The Fiscal Impact Analysis shall extend a minimum of 10 years into the future. If necessary,the timeframe should be extended to either: i. the year the proposed area for annexation is built-out, or ii. the repayment period for any debt that would need to be assumed to more accurately reflect the applicable revenues and expenditures. ( I PY 0. CORPUS (,(fl ISI I NwtPfl.),A' IDN POLICY— WNUA[W 30, 2018 )1:M::1l I Cll�ll II L,lIIIA 5 EXHIBIT A APPENDIX A: DEFINITIONS Agriculture Development Agreement: State law requires cities to offer a Development Agreement to area appraised by the tax roll as agriculture, wildlife management or timber management. If the landowner consents to the agreement,the City shall exclude the property from annexation for a number of years.The Agreement may include the term of the agreement and the landowner's consent to voluntary annexation at the end of the agreement term. Annexation may proceed if land owners decline to enter into an agreement or if at any time landowner files any type of subdivision plat or related development document for the area Annexation:The legal process by which a City extends its boundaries. Annexation Policy:A set of guidelines for making annexation decisions. Annexation Plan:See Municipal Annexation Plan. Average Costing:A type of fiscal impact analysis model.This procedure estimates the costs of a new development based on the current average cost per unit of service in existing,,development multiplied by the number of units the new development is estimated to create. It does nb� consider excess or deficient capacity to deliver services, and it assumes that average costs of municipal services will remain stable in the future. For example, a fiscal impact model could use the Code Enforcement budget to generate a current average cost per household and apply that average to the number of households included in the proposed new development. An,average costrcrdel can also be updated annually as the new City budget is adopted. Contiguous: Sharing a common boundary or border, or abut`t`inga,municipality's city limits; however, property will be considered contiguous to a city boundary/limit even if it does not actually touch that boundary/limit if an intervening property is subject to a development agreement guaranteeing temporary continued ETJ status; uch as foean agricultural exemption. Developed: Characterized by sighjficant site imoeo ernents, such as utility installations, paving, and in many instances, the construction of,7 or more structures. Disannexation:The legal procesS,by whit"territory is removed from the city limits for failure to provide services. A majority of the qualified voters of an annexed area may petition the City Council to disannex the area if the City"faijis to provide services to the area within the period specified by the service plan. Similarly,the City may"s"plk to dis fitlex an area if it determines that it is unable to provide municipal services to that area in actgrd,aCtce with state law. Extraordinary Economic Development Project:A commercial or industrial project that is eligible for property tax abatement and generates substantial benefit to the municipality. Extraterritorial Jurisdiction (ETJ): Unincorporated area that is contiguous to, and extends five miles from, the Corpus Christi City limits. In the ETJ, the City has the authority to annex and extend subdivision regulations.The area excludes other municipalities and their respective ETJs, if any. Extraterritorial Jurisdiction (ETJ) Release: An agreement to release ETJ boundary as agreed to jointly by written consent of two municipal entities. Fiscal Impact Analysis:A study that models the projected costs and revenues associated with a proposed development to determine the net fiscal impact of the development on the City. D Y Of CORPUS (,("{RIS I AIwtHwWlLXA.LIDN POLICY--.VANUAIfW 30, 20.185 ll)ll�a ll II I A1:11:11::1 INDIX A 11 EXHIBIT A Full Purpose Annexation: Full purpose annexation is the process by which cities extend municipal services, voting privileges, full regulatory authority and taxing authority to new territory.The City regulates land development in its full purpose jurisdiction with zoning, engineering, environmental, land entitlement and building code requirements. An area under consideration for annexing must be within the City's extraterritorial jurisdiction and contiguous to the boundaries of the city. Incorporation:The creation of a municipal corporation (i.e. "City"). Industrial District:An area containing an Extraordinary Economic Development Project for which a non- annexation agreement is issued for up to 15 years and is renewable to delay annexation and the extension of City taxes. Infrastructure: Facilities necessary to provide City services, usually referring to physical assets such as streets and utility lines. Jurisdictional Island:An unincorporated area surrounded on most sides by the City of Corpus Christi. Limited Purpose Annexation: Limited purpose annexation extends the City's planning, building, zoning, health, and safety regulations.The City assesses no taxes and the City is not required to provide full municipal services. Residents in this type of area may vote in City Council and Charter elections but may not vote on proposals to issue bonds, nor seek municipal office.Generally, areas annexed for limited purposes are annexed for full purpose jurisdiction after three years. Marginal Costing:A type of fiscal impact analysis model.This procedure relies on analysis of the demand and supply relationships for public services.This approach recognizes that excess and deficient capacity exits in communities. It models growth not in a linear manner, but as a more cyclical process in terms of the impact on expenditures. For example,a proposed project could necessitate that a new fire station be constructed to adequately provide service a new development. Municipal Annexation Plan:A document required by state statute that identifies areas to be annexed. Adoption of the Plan by the municipality initiates a three-year process that includes a public process and the creation of a Service Plan for the provision of municipal services after annexation. Municipal Boundary Adjustment:An adjustment to municipal boundaries agreed to jointly by written consent of two municipal entities. Non-Annexation/Annexation Agreement:Agreements authorized by Chapters 43 and 212 of the Texas Local Government Code and negotiated with property owners and adopted by City Council. Such agreements are often used in conjunction with the following: 1.An Industrial District for Extraordinary Economic Development Projects, 2.A Special Utility District or Public Improvement District that has taxing authority to pay for infrastructure improvements, or 3.An agreement for Services in Lieu of Annexation that may be negotiated with property owners who do not want to be placed in a Municipal Annexation Plan but have areas for which the City would like to extend regulations and services. An annexing municipality must offer non-annexation agreements to property owners who have Agricultural Tax Exemptions if the area is slated to be placed in a Municipal Annexation Plan.The IC v 0. CORPUS (, RIS I NwtlNH.X;'\CIt1N POLICY--.WNUA[W 30, 20.18s Il)ll�a ll:ll I A1:11:11::1 DII II EXHIBIT A agreement is only valid while an agricultural exemption is maintained and becomes void if development activity is pursued. Planning Study:A document required for Limited Purpose Annexation which provides a ten-year projection regarding anticipated development, proposed zoning, and anticipated public benefits gained from the annexation. Public Improvement District(PID):Authorized under Chapter 372 of the Local Government Code, PIDs are created only at the request of land owners via petition of more than fifty percent of owners of taxable real property liable for assessment under the proposed petition. PID creation is a discretionary act of City Council if Council finds that the establishment of a PID promotes the interests of the City. A PID may be established for the purposes of funding capital improvements as well as operational costs, including: landscaping; constructing or improving sidewalks, streets, or parking facilities; constructing or improving water and wastewater facilities; installing art; and constructing or improving libraries. Special assessments paid by land owners that benefit from the public improvements and/or service are the source of funding. Regulatory Plan:A document required for Limited Purpose Annexation that identifies regulations and land uses to be extended to the area. Services: Municipal service that may include: police protection,fire protection, emergency medical services, solid waste collection, operation and maintenance of water and wastewater facilities, operation and maintenance of roads and streets, operation and maintenance of parks, and operation and maintenance of any other publicly owned facility, building, or service. Service Plan:A document required as part of the Three-Year Municipal Annexation Plan that outlines the schedule for the provision of municipal services to an area annexed for Full Purposes. Services in Lieu of Annexation:A type of non-annexation agreement to guarantee the land's immunity from annexation for a period of up to 15 years; extends certain aspects of the city's land use and environmental authority over the land; and authorizes enforcement of land use regulations in addition to, or in lieu of, those that apply within the City. Special District:A political subdivision of the state providing water, sewer, drainage, transportation and/or other utility and infrastructure services within a specified geographic area. Utility District:A political subdivision of the state providing water, sewer, drainage and/or other utility services within a specified geographic area. Sometimes referred to as a Municipal Utility District. Voluntary Annexation: Property owners may petition the City to annex their property.The request for voluntary annexation requires at least 50%of the property owners' signature in the area up for consideration. (,( Y O! (,ORf:al.lir (, RIS I NwtlNH.X;'\CIDwWl POLICY--.WNUAf:W 30, 20.181l)1l�a ll:ll I A1:11:11::1 DII III EXHIBIT B Voluntary Annexation Application & Checklist Required Material to be submitted to the Planning& ESI Department for Voluntary Annexation Petition Project Name/Address: Date: ❑ Contact information form for property owner and representative including, address, office/daytime telephone number, e-mail address, and fax number. ❑ A letter of petition signed by all the owners of the property. A notarized power of attorney is required if any person signs on behalf of another person.The petition must be acknowledged in the manner required for deeds by each person having an interest in the area and it must identify the property owned by each person signing as a petitioner. ❑ Ownership Documents: Clean copy of recorded warranty deed or other document(s) conveying ownership of all the property to be annexed. If the property is owned by a partnership, corporation,trust, or other entity, documents demonstrating signatory's authority to sign Petition on behalf of entity must be included. ❑ A statement citing the specific provision(s) of Chapter 43 of the Local Government Code through which annexation is requested. ❑ An affirmative, unconditional statement affirming that the area meets all the cited statutory pre- requisites, including that the property is contiguous to the current city limits. ❑ A statement including the following information: ❑ Reason(s)for request ❑ Current land use of the property ❑ Location of existing buildings and structures ❑ Current number of residential units and residents living on the property ❑ Proximity to existing water,wastewater, storm water, streets, and other public improvements ❑ Description of planned/proposed development and a completion schedule. (i.e., build-out schedule): ❑ Proposed zoning and density ❑ General Arrangements of existing and proposed land uses ❑ A preliminary drainage plan for the project site ❑ Development phasing including the number of housing units by type and lot size, commercial and/or industrial uses by type and square feet for each, square feet or acreage of parking lots, streets and public ROW, parks, greenways, drainage/open space ❑ Estimates of property values for each use in the development ❑ The proposed street plan ❑ Current or proposed utility purveyors. ❑ Field notes of area:Two copies of a current signed and sealed Boundary Description in the form of metes and bounds of the total voluntary annexation area prepared by a licensed engineer or surveyor. ❑ Two copies of a current signed and sealed Exhibit Map. Survey Map of the area must be clear, easy to read markings and reduced to fit 8%x 11 paper. Draft- December 2017 Page 1 of 2 EXHIBIT B Voluntary Annexation Application & Checklist ❑ Current Nueces County Appraisal District property value information of area to include: account#/ Legal Description, property ID#, owner, mailing address, city, zip code acreage, and appraisal value. ❑ Payment of$50 per acre fee, maximum $2,000 (to be adopted in the future). ❑ City staff will prepare a fiscal impact analysis to model the projected costs and revenues associated with the proposed development, using the provided development, to determine the net fiscal impact of the development on the City. Such analyses would go beyond the provision of infrastructure, and would include city services such as police and fire protection, libraries, parks and recreation, and other city functions that experience increased demand for service from new development.The fiscal impact analysis will assess each phase of the proposed development and extend a minimum of ten years into the future.The results of the analysis will be presented to City Council along with the annexation application materials. Notice to petitioner: Voluntary Annexations are subject to all the applicable provisions of law, including the City Charter of The City of Corpus Christi and Chapter 43 of the Texas Local Government Code. All annexations are solely within the legislative discretion of the City Council. A petition for voluntary annexation does not constitute a contractual obligation to annex the property in question.The submission of a petition does not obligate the City of Corpus Christi to annex all or any portion of the area included in the petition. Acknowledgement Please Note:The signature of owner authorizes City of Corpus Christi staff to visit and inspect the property for which this application is being submitted.The signature also indicates that the applicant or his agent has reviewed the requirements of this checklist and all items on this checklist have been addressed and complied with.The agent is the official contact person for this project and the single point of contact.All correspondence and communication will be conducted with the agent. If no agent is listed,the owner will be considered the agent. (Check One:) ❑ /will represent my application before city staff, all Commissions and Boards, and City Council. ❑ 1 hereby authorize the person named below to act as my agent in processing this application before city staff, all Commissions and Boards, and City Council. Owner Name: Phone: Email: Mailing Address, City, State,Zip Code: Owner Signature: Agent's Name: Phone: Email: Agent's Company Name: Mailing Address, City, State, Zip Code: Agent Signature: Draft- December 2017 Page 2 of 2