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HomeMy WebLinkAboutAgenda Packet City Council - 02/20/2018 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 20,2018 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, habr6 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 Rabbi Mary Eckroos, Kehilat B'nai Shalom. C. Pledge of Allegiance to the Flag of the United States to be led by Miles Risley, City Attorney. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0230 Recognition of Mr. Gustavo Lujan for City Hall Beautification Efforts. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: City of Corpus Christi Page 1 Printed on 2/19/2018 City Council Meeting Agenda-Final February 20,2018 2. 18-0231 Regular Meeting of February 13, 2018. Attachments: Minutes- February 13,201$ H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed, may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance,or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. 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 3 - 19) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and City of Corpus Christi Page 2 Printed on 2/19/2018 City Council Meeting Agenda-Final February 20,2018 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. 3. 18-0200 Periodic Ethics Training for Governing Body Resolution amending the City Council policies to add a periodic ethics training. Attachments: Agenda Memo- Ethics Training Resolution -Ethics Training 4. 18-0174 Sungard Public Sector Software Renewal for reduction of services 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. Attachments: Agenda memo- HTE 1 29 18.docx Agreement 1276LG-170108 Superion Signed.pdf 5. 18-0106 Resolution for a Service Agreement for TRAK Fuel Management System 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. Attachments: Agenda Memo-TRAK Equip Maint Resolution Sole Source-TRAK Equip Maint Service Agreement TRAK 01 12 18 with attachment final 6. 18-0143 Wrecker Services for City Owned Vehicles and Equipment (Light Vehicles) 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. Attachments: Agenda Memo-Wrecker Services for City Owned Vehicles.. Bid Tab-Wrecker Services for City Owned Vehicles.. Service Agreement-Wrecker Services for City Owned Vehicles City of Corpus Christi Page 3 Printed on 2/19/2018 City Council Meeting Agenda'Final February 3O.3O10 7' 1D8-{X}61 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 BuyBoand. for anamount not bzexceed $171'52O. Attachments: Agenda-Memo-Truck Rentals Price Sheet-Truck Rentals ServiceAgreement -Truck Rentals 8' 1D8-0yC34 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. Attachments: Agenda-Memo-Sodium Chlorite Solution Bid Tabulation-Sodium Chlorite Solution Supply Agree me nt-Sodium Chlorite SolutioD.pdf 9' 1D8-{X}83 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 Mem - Meter Boxes and Lids Bid Tabulation- Meter Boxes and Lids Supply Agree ent- Meter Boxes and Lids.pdf 10. 1R8-0128 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-Memo- Household Hazardous WasteDisposal Service Bid Tabulation- Household Hazardous Waste... City v,Corpus oouoo Page Printed vnuxmumo City Council Meeting Agenda'Final February 3O.3O10 11. 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 of the proposed affordable housing project known as The Avand at Greenwood to be developed byAvand at Greenwood, LP. Attachments: Agenda Mem -Avanti at Greenwood Resolution -Avanti at Greenwood 12. 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 of the proposed affordable housing project known as Casa Oe Manana Apartments tobedeveloped byTG 110. Inc. Attachments: Agenda-Memo-Casa De Manana Resolution -Casa De Manana 13' 1D8-{yK}7 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 knovvnaaVi||ageat Greenwood tobedeveloped byTG 110. Inc. Attachments: Agenda Memo-Village at Gr enwood Resolution -Villag at Greenwood 14. 1R8-0171 Second Reading Ondinanoe - Rezoning Property located at 2882 Holly Road (1st Reading 2/13/18) Case No. 0118-02 ERF Real Estate, Inc. Achange ofzoning from ''RG-O^ Single-Family O District tothe ''CN-1^ Neighborhood Commercial District. The property ialocated at2882Holly Road and described aabeing 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 ofAyers Street. Planninq Commission and Staff Recommendation (January 10, 2018): Approval of the change of zoning from the ''RG-O^ Single-Family O District City v,Corpus oouoo Page Printed vnuxmumo City Council Meeting Agenda'Final February 3O.3O10 to the "CN-1^ Neighborhood Commercial District. Case No. O118-O2: Ordinance rezoning property atornear 2882Holly Road from "RG-O" bz "CN-1" and amending the Comprehensive Plan. Attachments: Agenda-Memo 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 15. 1R8-8.[72Second Reading Ondinanoe - Rezoning fora Property located at 1645 Clare Drive (1st Reading 2/13/18) 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 side of Williams Drive, east of Airline Road, and west ofRodd Field Road. Planninq 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. Case No. 1217-01: Ordinance rezoning property at 1645 Clare Drive from "RG-O" to "RM-1" and amending the Comprehensive Plan. Attachments: Agenda Memo_1 217-01_ReL Ramos Ordinance 1217-01_Rey Ramos with Exhibit Presentation 1217-01 Rey Ramos Legistar Zoning Report 1217-01 Rey Ra os with Exhibits 16' 1R8-0148 Second Reading Ordinance - Rezoning property located at 8101 Slough Road (Tabled 1/30/18) (1st Reading 2/13/18) 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 ofRoaoherRoad. Planning Commission and Staff Recommendation (December 13, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the City v,Corpus oouoo Page Printed vnuxmumo City Council Meeting Agenda-Final February 20,2018 "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. Attachments: Agenda Memo 1217-02 Dorsal Development, LLC. Ordinance 1217-02 Dorsal Development_LLC. with Exhibits Presentation 1217-02 Dorsal Development LLC. Legistar Zoning Report 1217-02 Dorsal Development, LLC. with Exhibit 17. 17-1510 Second Reading Ordinance -Appropriating funds from sale of Park properties into the Community Enrichment Fund for park improvements (1st Reading 2/13/18) Ordinance appropriating $1,788,500.16 from sale of park properties into the Community Enrichment Fund for park improvements and related projects. Attachments: Agenda Memo-Appropriation- Park Sale Funds Ordinance-Appropriation- Park Sale Funds Exhibit A-Appropriation- Park Sale Funds 18. 18-0145 Second Reading Ordinance -Appropriating funds for Municipal Court Building Security (1st Reading 2/13/18) 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. Attachments: Agenda Memo Fund Appropriation 011918 Ordinance-Appropriating Security Guard Funds 2018 Fully Executed Amendment No. 1 Deacon 10 Fully Executed Amendment No. 2 19. 18-0170 Second Reading Ordinance -Approving the Amendments to the Tax Increment Reinvestment Zone #2 Amended Project and Financing Plans (1st Reading 2/13/18) 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. City of Corpus Christi Paye 7 Printed on 2/19/2018 City Council Meeting Agenda'Final February 3O.3O10 Attachments: Copy__of_SIX_PACK PROJECTS 12.27.17 L. RECESS FOR LUNCH The City Council will take alunch break adapproximately/:30p.m. M. PUBLIC HEARINGS: (ITEM 20) 20. 1R8-{ 1.[7 Public Hearing and First Reading Ordinance -Amending the Wastewater Collection System Master Plan tomove flows to Airline Lift Station Ordinance amending Wastewater Collection System Master Plan, [}ao W.R.P. Service Area, Sub Basin SPA 30; amending Comprehensive Plan; and providing publication. Attachments: Agenda Mem -Wastewater Master Plan Amendment-OSO W.R.P. Service ArE Ordinance-Wastewater Master Plan Amendment-OSO W.R.P. Service Area & Presentation-WW Colliection Line Master Plan Amend-Legi tar. PPT N. REGULAR AGENDA: (ITEM 21) The following items are motions, resolutions and ordinances that will boconsidered and voted onindividually. 21' 1R8-0X047 Second Reading Ordinance -Closing utility easement located south of Yorktown Boulevard between Malamute Drive and Bay Drive (1st Reading 2/13/18) Ordinance abandoning and vacating O.157acre ofanexisting utility easement out ofaportion ofRodd Village, Block 2. Lots O.7.8.9and 1O. located south ofYorktown Boulevard between Malamute Drive and Bay Drive and requiring the owner, Hooten Family Trust and Thomas Nathan C|ark, to comply with the specified conditions. Attachments: Aqenda Memo- Rodd Village Easement Closure Ordinance with Exhibits-Rodd Village Easemen Closure Presentation- Rodd ViLlage Easement Closure L Informal Staff Report- Rodd Field Village Public Improvement District(PID)-0 0. FIRST READING ORDINANCES: (ITEM 22) 22. 17-1{X}3 First Reading Ordinance -Aooepting and appropriating two grant agreements from the State to construct a new water pipeline to Naval Air Station Corpus Christi and perimeter fencing and access City v,Corpus oouoo Page Printed vnuxmumo City Council Meeting Agenda-Final February 20,2018 control gates for the Corpus Christi Army Depot Ordinance authorizing acceptance of two grant agreements totaling $6,016,014 from the Office of the Texas Governor to construct a new water pipeline to Naval Air Station Corpus Christi and construct perimeter fencing and access control gates at the Corpus Christi Army Depot, appropriating into the Water Grants Fund and the Community Development Grant Funds and providing $270,001 as in-kind local match. Attachments: Agenda Memo- DEAAG grant agreement 022718 DEAAG Ordinance NASCC&CCAD DEAAG FY17-18, NASCC Letter DEAAG NASCC Contract-2018-City City of Corpus Christi Final DEAAG Exhibits NASCC water line project DEAAG FY17-18 CCAD Letter DEAAG Contract-2018-City of Corpus Christi CCAD Security Fencing DEAAG Exhibits CCAD security fencing 01-17-18 DEAAG Letter Regarding Offer Letter P. FUTURE AGENDA ITEMS: (ITEMS 23 -27) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 23. 18-0194 Resolution recommending restoration of funding to the Texas Commission on Environmental Quality for air quality monitoring and mitigation programs for near non-attainment communities to remain in compliance of federal ozone standards Resolution to recommend restoration of funding to the Texas Commission on Environmental Quality for air quality monitoring and mitigation programs for near non-attainment communities essential to remain in compliance with the National Ambiant Air Quality Standards (NAAQS)for ozone established by the United States Environmental Protection Agency through the Clean Air Act. Attachments: Agenda Memo-TCEQ air quality monitoring funding Resolution TCEQ air quality funding General Appropriations Act 2016-2017 TCEQ Air Quality Rider General Appropriations Act 2018-2019 Vetoed Rider Governor's Veto Statement on TCEQ Air Quality Funding 24. 18-0179 Eight-Month Service Agreement for the purchase and installation of field lights for Ben Garza Park Motion authorizing an eight-month service agreement with Musco Sports City of Corpus Christi Page 9 Printed on 2/19/2018 City Council Meeting Agenda'Final February 3O.3O10 Lighting, LLC. ofOaka|oaaa. |ovva. for the purchase and installation of field lights at Ben Garza Park for an amount not to exceed $303.680 via BuyBoand. Attachments: AgenclaMemo-Rield Lights for Ben Garza Park Price Sheet- Reld Li_qhts_for__Ben Garza Park Se rvice__Aqree me nt-Field Li_qhts_for Ben Garza Park Final 25' 1D8-{X}52 Five-Year Service Agreement for Business Development Services for Corpus Christi International Airport Motion toexecute afive-year service agreement with Trillion Aviation, Austin, Texaa, in the amount of$600,000, for business development services for the Corpus Christi International Airport based on the best value for the City. Attachments: Agenda Mem - Business DeyLlopment Services for CCIA MaLiL��FP 1245 Busintjq Development Services for CCIA 26' 1R8-0%285 Resolution authorizing an Interlocal Agreement fora city-wide storm water survey Resolution authorizing the execution of an Interlocal Agreement with Texas A& M University - Corpus Christi in the amount of$8,450 for a city-wide storm water survey. Attachments: 27. 1R8-0151 Construction Contract for the Naval Air Station Corpus Christi (ydASCC) Fence Replacement Project(K0i|itmryRevo|ving Fund) Motion authorizing a construction contract with Clearfield Construction, LLC of San Antonio. Texas in the amount of$298,007.40 for the Naval Air Station Corpus Christi (NAGCC) Fence Replacement project for Base Bid and Additive Alternate No. 1 (Military Revolving Fund) Attachments: Agenda Mem - NAS Perimeter Fence-FINAL Project Budget- AS Perimeter Fence Presentation- NAS Perimeter Fence Letter of Recommendation NAS Perimeter Fence__Unsi_qned Q. BRIEFINGS: (NONE) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, City v,Corpus oouoo Page 10 Printed vnuxmumo City Council Meeting Agenda-Final February 20,2018 but no other action will be taken and no public comment will be solicited. R. EXECUTIVE SESSION: (ITEMS 28 -30) 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. 28. 18-0232 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 natural gas utility system. 29. 18-0233 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). 30. 18-0234 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to litigation related to the New Broadway Wastewater Treatment Plant, including Graham Construction Services, Inc. v. City of Corpus Christi, et al, including the provision of legal, engineering, and other professional consulting and/or City of Corpus Christi Page 11 Printed on 2/19/2018 City Council Meeting Agenda-Final February 20,2018 expert witness services with the law firms of Kilpatrick, Townsend & Stockton, LLP, Hartline Dacus Barger Dreyer, LLP and the consulting/engineering/expert firms of Navigant Consulting, Inc., Scott Hibbs, PE, and/or Enprotec/ Hibbs & Todd, Inc. 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 12 Printed on 2/19/2018 w 1201 Leopard Street City of Corpus Christi Corpus Christi,TX 78401 cctexas.com Meeting Minutes 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. 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 Brian Hill, First Baptist Church. Pastor Brian Hill gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Keith Selman, Assistant City Manager. Assistant City Manager Keith Selman led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley,and City Secretary Rebecca L. Huerta. Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn City of Corpus Christi Page 1 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 E. Proclamations /Commendations 1. 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". Mayor McComb presented the proclamations. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb deviated from the agenda and referred to comments from the public.Alvin Villarreal, 1133 York, requested to meet with council members to discuss the establishment of a Teen Challenge Christian Ministry. Carrie Robertson Meyer,4401 Gulf Breeze Boulevard,expressed support for Agenda Item 38,discussion of a potential new Tax Increment Reinvestment Zone(TIRZ) on North Beach.John Kelly,3621 Austin,spoke regarding Agenda Item 25, approving the amendments to the TIRZ#2 amended project and financing plans and Agenda Item 39,an update on a proposed annexation policy.John Medina,4931 Mokry Drive and Eric Tunches,4910 Blundell,spoke regarding bullying in schools. Q. BRIEFINGS: (ITEMS 37 AND 39) 37. World Sailing 2018 Youth Worlds Mayor McComb deviated from the agenda and referred to Item 37.Assistant City Manager Keith Selman stated that the purpose of this item is to present information on the World Sailing 2018 Youth Worlds. Mark Foster, Corpus Christi Yacht Club,stated that,in November 2014,the Corpus Christi Yacht Club was awarded the 48th Sailing World Championship. The event is the largest youth sailing event for Olympic hopefuls.The event will bring in 470 youth sailors ages 12 to 19 from 65 to 80 nations.Mr. Foster provided the following information:the races will take place over 8 days,April 14,2018 through April 21,2018;the categories of races; the expected economic impact; marketing of the event;the schedule of events; the race course;type of boats involved in the City of Corpus Christi Paye 2 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 races; the budget and sponsorship;and open and closing ceremonies. Council members thanked the Corpus Christi Yacht Club for presenting the information and expressed support for the event. 39. Proposed Annexation Policy Update Mayor McComb deviated from the agenda and referred to Item 39.Assistant Director of Planning &ESI Daniel McGinn stated that the purpose of this item is to provide an update on the status of the proposed annexation policy. Mr. McGinn presented the following information: review of new state legislation, S.B.6, Texas cities with annexation policies;and a map depicting the history of annexation in Corpus Christi.Senior City Planner Keren Costanzo presented: a timeline of the process-to-date;the six proposed criteria categories; direction from City Council;a summary of the stakeholders' meeting regarding:areas of common interest,areas of disagreement,and lack of consensus;and the stakeholders'viewpoints related to the pros and cons of an annexation policy. Mr.McGinn stated that an annexation decision,whether requested by a developer or initiated by the City,will require City Council action. The intent of the policy was to lay out basic guidelines and identify information that would be needed to aid the City Council in their decision making process.There have been numerous opportunities to receive public feedback on an annexation policy. The stakeholders'group is divided on whether or not a policy should be adopted and staff feels that,at this point,consensus will not be reached.Mr. McGinn presented the following three options for Council's consideration: 1) Move forward with direction to staff to prepare a policy or guideline document detailing requested information to be provided for annexation actions; 2)move forward with direction to staff to prepare an application document detailing required information to be provided for annexation actions;and 3) direct staff to cease work on this item. Council members and staff discussed the following topics: previous City Council workshops discussing an annexation policy;the stakeholders not being able to reach a consensus;the development community's lack of interest in developing a policy; concern that if an annexation policy is not adopted,there will continue to be disorderly growth;extension of City services to annexed areas; inner-core redevelopment; City Council level dialogue with stakeholders;a fiscal analysis for each project; the annexation policy impacting every citizen in the community;the number of stakeholders in the stakeholders'group;the cons of an annexation policy;whether the Unified Development Code addresses annexation; the annexation policy is criteria which details guidelines to move forward with annexation; the annexation policy would address issues in the London area related to:sewer system, possible Texas Commission on Environmental Quality(TCEQ)issues,extension of utilities,traffic,and the road system;a Request for Qualifications(RFQ)to evaluate the London Area Development Plan;the distinction between Options 1 and 2;the draft voluntary annexation application and checklist;voluntary annexation; the City's authority in its extra-territorial jurisdiction (ETJ);the cost of annexation;and a combination of Options 1 and 2. MOTION OF DIRECTION: City of Corpus Christi Page 3 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 Council Member Lindsey-Opel made a motion directing the City Manager to bring back an item for City Council to evaluate regarding the annexation guidelines with a combination of Options 1 and 2,seconded by Council Member Vaughn and passed unanimously. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Report.City Manager Margie C. Rose reported on the following topics: b. OTHER 1) City Manager Rose provided a recap of the items that City Council approved in the month of January related to the City Council's goals: Economic Development-creation of the Type B Corporation,downtown development agreement for the Frost Bank Building,AEP utility upgrades,and Stonewater properties,and the lease agreement with the Corpus Christi Convention and Visitors Bureau for the 2018 Fiesta De La Flor;Water-the construction contract to continue protection of Mary Rhodes Pipeline Phase I,continuation of the O.N.Stevens Water Treatment Plant improvements with the purchase of new equipment, revising the City's Drought Contingency Plan to include a reservoir stage system,the third-party inspection reporting system for backflow preventers,and a supply agreement for brass fittings;Streets -an additional $3.4 million dedicated to residential streets;a construction contract for Yorktown Boulevard from Lake Travis Drive to Everhart Road,master service agreements for geotechnical and construction material testing,and amending the ordinance to extend warranties of new streets from one to two years. 2) The 2018 Great Texas Warrant Roundup is underway now through February 23, 2018 to allow individuals to voluntarily take care of their citations without concern of being arrested.Municipal Court allows payment options as well as community service opportunities for those who qualify. For information on the warrant roundup or to find out if an individual has a warrant,visit www.cctexas.com/warrantroundup.3) The Engineering Services Department is hosting a public meeting regarding the Bond 2012 Staples Street Improvement Project from Brawner Parkway to Kostoryz Road on Thursday, February 15, 2018 at Lindale Senior Center located at 3135 Swantner Street.4) The Planning Department is hosting an open house regarding the North Beach Development Initiatives on Thursday, February 15,2018 at Fajitaville on North Beach from 12:00 p.m.to 6:30 p.m.The open house will feature two draft conceptual designs of North Beach development from community meetings and citizen feedback. a. CONTRACT MANAGEMENT City Manager Margie C. Rose stated that the purpose of this item is to provide follow-up regarding Contract Management.Assistant Director of Financial Services Kim Baker recapped the presentation provided to City Council in November 2017 including:the City Council annually approves upwards of 650 contracts; contract options are often included to create efficiencies;the City Manager has the authority to execute the options; options are at the sole option of the City to exercise;vendor/contractor is not guaranteed the option, but options do make contracts more attractive and pricing may be better;and the challenges related to a decentralized method of tracking/management. Updates to the contract management system include: improving the agenda City of Corpus Christi Page 4 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 memo to clearly outline options;and improving visibility to City Council by moving away from repetitive one-time purchase orders to long-term service/supply agreements to increase efficiencies.Staff will continue improvements to the contract management system by:working to make contracts more visible during the budget process; moving to 2-5 year agreement to allow for better contract economy;establishing more training for departments in the contract management area; developing a centralized tracking database in Infor Contract Manager; City Council continues to have flexibility to amend options on specific agenda items on the floor; and thresholds could be established. Council members and staff discussed the following topics:the number of contracts approved by City Council; providing a report to City Council of upcoming contract options; creating thresholds when necessary; the creation of a contract manager position;educating and training for departments regarding contract management; consideration to establish a City Council policy statement or framework regarding contracts; funding for multi-year contract options;and the appropriation clause contained in each contract. G. MINUTES: 2. Regular Meeting of January 30, 2018 and Workshop Meeting of January 23, 2018. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Lindsey-Opel and passed uanimously. H. BOARD &COMMITTEE APPOINTMENTS: 3. Civil Service Commission Civil Service Board Committee for Persons with Disabilities Corpus Christi Regional Transportation Authority Leadership Committee for Senior Services Mayor McComb referred to board and committee appointments.The following appointments were made: Civil Service Commission Council Member Lindsey-Opel made a motion to appoint Karen C. Beard, seconded by Council Member Rubio and passed unanimously. Civil Service Board Council Member Lindsey-Opel made a motion to appoint Karen C. Beard, seconded by Council Member Garza and passed unanimously. Committee for Persons with Disabilities City of Corpus Christi Page 5 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 Council members discussed the reappointment of Dalia Guiterrez with respect to her ability to not physically attend meetings. The City Council reappointed Ms.Gutierrez with the understanding that she would participate in committee meetings via teleconference, due to a medical necessity,as a special accomodation which would be limited to this committee only. Council Member Molina made a motion to reappoint Marshall Burns,James (T.C.)Chadden, Dalia Gutierrez,and Anthony M. Navarrette,seconded by Council Member Lindsey-Opel and passed unanimously. Corpus Christi Regional Transportation Authority Council Member Rubio nominated Philip C.Skrobarczyk. Council Member Vaughn nominated Chad Magill. Philip C.Skrobarczyk was appointed with Mayor McComb,and Council Members Rubio, Molina, Hunter,Smith, Garza,and Lindsey-Opel voting for Philip C.Skrobarczyk and Council Members Vaughn and Guajardo voting for Chad Magill. Leadership Committee for Senior Services Council Member Garza made a motion to reappoint George A. Berry (Community), Peggie A. Lewis (Community), Patricia A.O'Brien (Community), and Katherine Heslip(Senior Center Participant),seconded by Council Member Rubio and passed unanimously. Council Member Garza made a motion to appoint Gary Wicks (Community)and Inez Garcia(Community),seconded by Lindsey-Opel and passed unanimously. Council Member Molina made a motion to appoint Kelly A. Diggs(Agency), seconded by Council Member Lindsey-Opel and passed unanimously. R. EXECUTIVE SESSION: (ITEM 42) Mayor McComb referred to the Executive Session Item 42.The Council went into executive session at 1:45 p.m.The Council returned from executive session at 2:42 p.m. 42. 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 City of Corpus Christi Page 6 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 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 and/or deliberate possible economic development issues concerning said business prospect(s). Mayor McComb referred to Item 42 and stated that staff has informed the City Council regarding potential development on the island and provided assurances that there is sewer capacity on the island east of Park Road 22. Interested developers will need to submit an application and any necessary paperwork for development. L. RECESS FOR LUNCH The recess for lunch was held during the executive session regarding Item 42. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 16) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.Council members requested that Items 7 and 16 be pulled for individual consideration.There were no comments from the public. A motion was made by Council Member Garza,seconded by Council Member Rubio,to approve the Consent Agenda.The consent agenda was passed and approved by one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 4. Resolution 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 passed on the consent agenda. Enactment No: 031356 City of Corpus Christi Paye 7 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 5. 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 passed on the consent agenda. Enactment No: 031357 6. 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 passed on the consent agenda. Enactment No: 031358 8. 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 passed on the consent agenda. Enactment No: M2018-024 9. 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 passed on the consent agenda. Enactment No: M2018-025 10. Service Agreement Amendment No. 1 for Continual Rental of One City of Corpus Christi Paye 8 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 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 passed on the consent agenda. Enactment No: M2018-026 11. Second Reading Ordinance - Rezoning property located at 901 Airline Road (Tabled 1/23/18) (1st Reading 1/30/18) 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. 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. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031359 City of Corpus Christi Paye 9 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 12. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031360 13. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031361 14. 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 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031362 15. Second Reading Ordinance -Appropriating funds to purchase two Roll-off Trucks for Solid Waste Operations (1st Reading 1/30/18) 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 City of Corpus Christi Page 10 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031363 7. 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). Mayor McComb referred to Item 7,a construction contract for the barge dock improvements.A council member complimented staff on bring back this item expeditiously and requested information regarding the process for presenting Type A projects to City Council.There were no comments from the public. Council Member Garza made a motion to approve the motion,seconded by Council Member Lindsey-Opel.This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2018-023 16. Second Reading Ordinance -for the Installation of playground equipment at Almanza, Breckenridge and Middlecoff Parks (1 st Reading 1/30/18) 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. Mayor McComb referred to Item 16,appropriating$64,709.27 from the General City of Corpus Christi Page 11 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 Fund Unreserved Fund Balance for the purchase and installation of playground equipment for Almanza, Breckenridge and Middlecoff Parks. Director of Parks and Recreation Jay Ellington, City Manager Margie C. Rose and council members discussed the following topics:the reasons for using unreserved funds on this project;the project being funded in last fiscal year; future improvements to update the City Council within 60-days after the end of the fiscal year regarding projects that were not completed;the number of projects to expect this fiscal year that were not completed last fiscal year; the timeline for installing new equipment at Alexander Park; the ability to create a line item for encumbered funds;the use of Community Enrichment Funds to replace equipment; review of the policy to use Community Enrichment Funds prior to expending General Fund monies;whether there are Community Enrichment Funds from park sales in the vicinity of the three parks;when the Community Enrichment Fund was created; Community Enrichment Funds including the sale of park proceeds and developer fees in lieu of dedicated park land;and a request for information regarding available Community Enrichment Funds for these projects and an explanation of the utilization of those funds. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Hunter.This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Nay: 2- Mayor McComb and Council Member Guajardo Abstained: 0 Enactment No: 031364 M. PUBLIC HEARINGS: (ITEMS 17 - 19) 17. 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 "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. 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. Ordinance: Case No. 0118-02: Ordinance rezoning property at or near 2882 Holly Road from "RS-6" to "CN-1" and amending the Comprehensive Plan. City of Corpus Christi Page 12 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 Mayor McComb referred to Item 17.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 retail or office uses.Mr.Green stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. There were no comments from the Council or the public.Mayor McComb closed the public hearing 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 18. Public Hearing and First Reading Ordinance -Rezoning for a Property located at 1645 Clare Drive 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. Planninq 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. Ordinance: Case No. 1217-01: Ordinance rezoning property at 1645 Clare Drive from "RS-6" to "RM-1" and amending the Comprehensive Plan. Mayor McComb referred to Item 18.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 two duplexes totaling four units on the property. Mr.Green stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing.Victor Medina,representing the applicant,spoke regarding the current dilapidated condition of the property and the proposed development.Mr.Medina requested consideration to approve the zoning change.Tara Schultz, 1625 Clare Drive and David Steinocher, 1637 Clare Drive,spoke in opposition to the zoning change and expressed concerns regarding:the neighborhood being predominately single-family residential; decreasing property values;fencing;and parking overflow onto Clare Drive.Mayor McComb closed the public hearing. City of Corpus Christi Page 13 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 Council members discussed the following topics:the development plan for the property; parking requirements;the property across the street zoned"TH" in 2016;site plans not being required for zoning application; process addressing issues related to setbacks,screening,fencing and buffers;the reasons for opposition by two Planning Commissioners;access to Williams Drive; and the completion of Williams Drive. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Rubio.This Ordinance was passed on first reading and approved with the following vote: Aye: 5- Council Member Garza, Council Member Hunter, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 4- Mayor McComb, Council Member Guajardo, Council Member Lindsey-Opel and Council Member Vaughn Abstained: 0 19. Public Hearing and First Reading Ordinance -Rezoning property located at 8101 Slough Road (Tabled 1/30/18) 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. 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. 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 19.Interim Director of Development Services Bill Green stated that this item was tabled at the January 30,2018 City Council meeting to have staff address City Council's concerns regarding the zoning change.The purpose of this item is to rezone the subject property to allow for the construction of a single-family home subdivision.Mr. Green stated that the development would not have access through Slough Road and a consensus City of Corpus Christi Page 14 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 was reached with the developer to have more than one access location to Yorktown Boulevard.In response to a council member's concerns related to the proximity of the subject property to Starry Gun Range,Mr.Green reported that the gun range is approximately one mile south of the property and would not have any bearing on this zoning case. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel.This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEMS 20 -21) 20. Resolution authorizing submission of grant application to the 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. Mayor McComb referred to Item 20. Police Chief Mike Markle stated that the purpose of this item is to authorize the submission of a grant application in the amount of$265,116 to the State of Texas to purchase 150 body worn cameras. There were no comments from the public.Council members discussed the Police Department's efforts to identify grant funding to pay for programs and spoke regarding the use of body cameras. Council Member Lindsey-Opel made a motion to approve the resolution, seconded by Council Member Rubio.This Resolution was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031365 21. Ordinance appropriating $336,960 from the Hotel Occupancy Tax Fund for the Rediscover Corpus Christi and the Coastal Bend Advertising Campaign City of Corpus Christi Page 15 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 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. Mayor McComb referred to Item 21.Assistant City Manager Keith Selman stated that the purpose of this item is to appropriate$336,960 from the Hotel Occupancy Tax(HOT) Fund for the Corpus Christi Convention and Visitors Bureau (CVB) post-Hurricane Harvey advertising campaign.This funding is an advance on future funding allocated to the CVB. Paulette Kluge,CVB, responded to council members'questions.There were no comments from the public. Council members discussed the following topics: utilization of the funds for advertising to increase business at restaurants and attractions impacted by Hurricane Harvey;appreciation to the CVB for this request;advertising currently occurring during the Olympics in out-of-town markets;whether the funding is needed right now anf if the campaign is currently in progress;the reason this item was presented as a emergency agenda item;the timeframe for contract negotiations with the CVB; and efforts to improve publicizing events occurring in the City. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza.This Ordinance was passed on emergency 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: 031366 O. FIRST READING ORDINANCES: (ITEMS 22 -25) 22. First Reading Ordinance -Authorizing a Ten-Year Lease Agreement for 1621 N. Mesquite Street(28-Day Delay Required) 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. Mayor McComb referred to item 22. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to authorize a ten-year lease agreement with the Corpus Christi Ballet for property located at 1621 N. Mesquite Street in consideration of a monthly rental payment of$400.00.There were no comments from the public. City of Corpus Christi Page 16 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 Council members and staff discussed the following topics:the square footage of the building;the charge for rental payments; the escalation clause in the contract; maintenance of the facility,including mowing;the reason the City is mowing the property; consideration to increase rental payment rates at City facilities;whether offers were solicited to other non-profit agencies;the City foregoing potential revenue;the terms of the previous lease; the improvements made by the Corpus Christi Ballet to the property; meeting rooms in the building being utilized for activities of the ballet or any of its support groups; the potential increase in the property's value after the construction of the new Harbor Bridge; preference by council members to shorten the term of the contract to five years;and the termination clause in the contract should the City decide to sell the property. Council Member Lindsey-Opel made a motion to amend the ordinance to execute the contract for a five-year lease with an option to renew for an additional five-years,seconded by Council Member Garza and passed; Mayor McComb voting "No". Council Member Lindsey-Opel made a motion to approve the ordinance as amended,seconded by Council Member Vaughn.This Ordinance was passed as amended 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 23. First Reading Ordinance -Appropriating funds from sale of Park properties into the Community Enrichment Fund for park improvements Ordinance appropriating $1,788,500.16 from sale of park properties into the Community Enrichment Fund for park improvements and related projects. Mayor McComb referred to Item 23. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to appropriate$1,788.500.16 from the sale of park properties into the Community Enrichment Fund for park improvements and related projects.Mr. Ellington stated that there was a substantial group of projects on which these funds can be used.There were no comments from the public. Council members and staff discussed the following: prioritizing requests for funding;and a process for awarding playground equipment to communities that are part of the Adopt-A-Park Program. 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: City of Corpus Christi Page 17 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 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 24. First Reading Ordinance -Appropriating funds for Municipal Court Building Security 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. Mayor McComb referred to Item 24.Municipal Court Services Director Gilbert Hernandez stated that the purpose of this item is to appropriate$27,347.83 from the unreserved fund balance in the Municipal Court Building Security Fund for security guard services. The Municipal Court Building Security Fund is restricted to being used for Municipal Court security purposes.The funding will be used to provide funding for Premier/Force One,the prior security contractor,to pay outstanding invoices that resulted from two contract extensions during the bid process for a new security provider,and for incidentals relating to the new contract,including overtime during the warrant roundup.There were no comments from the public. Council members and staff discussed the following topics:the amount of outstanding invoices for last fiscal year; questions related to the contract extensions with Premier/Force One without council approval; staffs decision to not extend Premier/Force One's contract based on non-performance;the funding needed for incidentals for the new contractor;the cost associated with extending the contract with Premier/Force One on a month-to-month basis; when staff became aware that Premier/Force One was not performing well; how old the outstanding invoices are;a previous request from a council member requesting a list of all unreserved fund balances;and the additional cost of$50,000 for the new security contractor. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel.This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 25. First Reading Ordinance -Approving the Amendments to the Tax Increment Reinvestment Zone #2 Amended Project and Financing Plans Ordinance approving the amendments to the Tax Increment Reinvestment Zone #2 amended Project & Financing Plans approved by the Board of City of Corpus Christi Page 18 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 Directors of Reinvestment Zone Number Two, Corpus Christi, Texas. Mayor McComb referred to Item 25.Assistant City Manager Keith Selman stated that the purpose of this item is to approve amendments to the Tax Increment Reinvestment Zone Number 2 amended Project&Financing Plans approved by the Board of Directors of Reinvestment Zone Number 2.Assistant City Manager Selman provided an overview of the amendments.There were no comments from the public. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel.This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 26 -36) Mayor McComb referred to Future Agenda Items.City Manager Margie C. Rose stated that staff had planned presentations on Item 34,35,and 36.Council members requested information on Items 26,27,and 30. 26. Periodic Ethics Training for Governing Body Resolution amending the City Council policies to add a periodic ethics training. This Resolution was recommended to the consent agenda. 27. Sungard Public Sector Software Renewal for reduction of services 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. This Motion was recommended to the consent agenda. 28. Resolution for a Service Agreement for TRAK Fuel Management System 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. City of Corpus Christi Page 19 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 This Resolution was recommended to the consent agenda. 29. Wrecker Services for City Owned Vehicles and Equipment (Light Vehicles) 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. This Motion was recommended to the consent agenda. 30. Service Agreement for Truck Rentals for Water and Gas Departments 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. This Motion was recommended to the consent agenda. 31. Two Year Supply Agreement for Sodium Chlorite Solution for the O. N. Stevens Water Treatment Plant for an amount not to exceed $1,404,000, with two additional one-year options and a total potential multi-year amount of$2,808,000 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. This Motion was recommended to the consent agenda. 32. Supply Agreement for Meter Boxes and Lids 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. This Motion was recommended to the consent agenda. 33. Service Agreement for Solid Waste Operations for Household Hazardous Waste Disposal for 36-months at a not to exceed amount of$491,118.75, with two one-year options and a total potential multi-year amount of$818,531.25 Motion authorizing a 36-month service agreement with Green Planet, Inc., City of Corpus Christi Page 20 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 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. This Motion was recommended to the consent agenda. 34. Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Urban Development (TDHCA) 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. This Resolution was recommended to the consent agenda. 35. 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 Casa De Manana Apartments to be developed by TG 110, Inc. This Resolution was recommended to the consent agenda. 36. 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. This Resolution was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 38) 38. Discussion of potential new TIRZ on North Beach Mayor McComb referred to Item 38.Assistant City Manager Keith Selman stated that the purpose of this item is to discuss the potential of a new Tax Increment Reinvestment Zone(TIRZ)on North Beach.Assistant City Manager Selman provided the following information: Tax Increment Financing covered under Chapter 311 of the Tax Code; a graph on how a TIRZ works related to taxes; the City's current TIRZ located on the island and downtown; TIRZ requirements; developed and undeveloped areas; TIRZ created by petition; limitations on TIRZ boundaries;the procedure for creating a TIRZ; the contents of the financing plan and project plan;and next steps. City of Corpus Christi Page 21 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 Council members and staff discussed the following: the TIRZ being based on the current assessed values at creation of the TIRZ; whether the City has engaged in conversations with other taxing entities related to participation in the TIRZ;the term of a TIRZ; infrastructure issues the City will have to address in other areas of town;the ability to use TIRZ funding for staffing to operate the TIRZ;and hotel occupancy tax(HOT)funds for beaches. MOTION OF DIRECTION Council Member Vaughn made a motion directing the City Manager to proceed with the creation of a TIRZ on North Beach,seconded by Council Member Lindsey-Opel and passed unanimously. R. EXECUTIVE SESSION: (ITEMS 40, 41 AND 43) Mayor McComb referred to Executive Session Items 40 and 43. Executive Session Item 41 was withdrawn.The Council went into executive session at 5:18 p.m.The Council returned from executive session at 9:07 p.m. 40. 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 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). This E-Session Item was discussed in executive session. 41. 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), City of Corpus Christi Paye 22 Printed on 2/16/2018 City Council Meeting Minutes February 13,2018 including, but not limited to, potential contracts for the provision of water to said business prospect(s). This E-Session Item was withdrawn. 43. 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 discussed in executive session. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. Council Member Molina requested a presentation on the National League of Cities Service Line Program.The City Council concurred. T. ADJOURNMENT The meeting was adjourned at 9:11 p.m. City of Corpus Christi Page 23 Printed on 2/16/2018 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)(9) Ir,rrfheerlf G r GYFReR� 19GRGI G Perfr�rmrvRGe l-h, RGI r�r 19GG h Pegg GPe i ed Gf IR c"rr � � � ,.,,,,+ �,, the rr' a t e prr_�iiddedd f QTc gif�d eemtepi 124 f� P& perfGrmrvRGe GGR r- GFRFRer�TCTeYGRJ GGRG14iGRS r RGI r- FAG IRts re9l aired ire 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 ,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 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 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 se O � " AGENDA MEMORANDUM Nqq POP PSEO 1852 First Reading Ordinance for the City Council Meeting of February 20, 2018 Second Reading for the City Council Meeting of February 27, 2018 DATE: February 15, 2018 TO: Margie C. Rose, City Manager FROM: Daniel M. Grimsbo, P.E., Executive Director of Water Utilities, Utilities Department DanG@cctexas.com (361) 826-1718 William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Amending the Wastewater Collection System Master Plan to move flows to Airline Lift Station CAPTION: Ordinance amending Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA 30; amending Comprehensive Plan; and providing publication. PURPOSE: The purpose of this item is to amend the City's wastewater master plans by allowing approximately 18 acres to be relocated from Lift Station 13 service area to the Airline Lift Station service area to provide wastewater service to the property described in Nueces County records as Flour Bluff and Encinal Farm and Garden Tract 17.87 acres out of Lot 13, Sec 25. The subject tract is located at 7502 Yorktown Boulevard, approximately 17.87 acres in area, located northeast of Yorktown Boulevard about 0.4 miles east of intersection of Rodd Field Road and Yorktown Boulevard. BACKGROUND AND FINDINGS: The subject tract is currently situated within the Lift Station # 13 internal boundary. The Wastewater Collection System Master Plan OSO W.R.P. Service Area, Sub Basin SPA 30 (2006) (Exhibit A) shows a planned collection line beginning at the southerly end of the property, extending through the property to its northern boundary. This collection C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E40D568E\@BCL@E40D568E.doc line then extends east approximately 1,650 feet, and turns north (crossing Master Channel 31) a distance of approximately 1,900 feet to discharge into Lift Station 13, with ultimate conveyance into the Airline Lift Station. The wastewater collection system described does not exist currently and there are no easements dedicated for the installation of this described wastewater collection system. The engineer is proposing an amendment to the adopted SPA 30 wastewater master plan as described below: Airline Estates Subdivision located to the west of the subject tract is at the intersection of Airline Road and Yorktown Boulevard, is currently under development. Airline Estates is proposing a 12-inch collection line along the northerly boundary of the property, eastward up to the church property. The proposed master plan amendment would call for future extension of 695 feet of 12-inch collection line to the subject tract. Providing service through the proposed route will require obtaining easement rights from only the adjoining church owner. The current Wastewater Collection System Master Plan shows sewer loads from the project site flowing to Lift Station 13, with ultimate conveyance into the Airline Lift Station. Therefore, no further analysis of the wastewater collection system's capacity is necessary. The results of the engineer's analysis illustrate that directing sanitary sewer flow from the subject property to Airline Lift Station will not adversely affect the existing downstream infrastructure, and the existing infrastructure has sufficient capacity to convey projected peak wastewater flows from the study area without exceeding the lift station's capacity. ALTERNATIVES: Denial or alteration of the proposed Wastewater Master Plan amendment. OTHER CONSIDERATIONS: Developers are fully or partially reimbursed from the Developers' Trust Funds for constructing infrastructure according to the master plans. Amending the Wastewater Master Plan will allow developers to be reimbursed for constructing improvements that serve a public purpose. CONFORMITY TO CITY POLICY: The proposed amendment conforms to City policy and the Comprehensive Plan. DEPARTMENTAL CLEARANCES: Utilities Department Planning Legal C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E40D568E\@BCL@E40D568E.doc FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x Not applicable Project to Date Fiscal Year: Expenditures Current Future 2017-2018 (CIP only) Year Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): COMMENTS: None RECOMMENDATION: On November 01, 2017, the Planning Commission recommended that City Council approve the proposed Wastewater Master Plan amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Presentation C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E40D568E\@BCL@E40D568E.doc Ordinance amending Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA 30; amending Comprehensive Plan; and providing publication. WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Master Sanitary Sewer Plan for OSO W.R.P. Service Area, Sub Basin SPA 30, which are elements of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 01, 2017, during a meeting of the Planning Commission, and on February 20, 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 these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Master Sanitary Sewer Plan for OSO W.R.P. Service Area, Sub Basin SPA 30, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), are amended by relocating approximately 18 acres of land from Lift Station 13 service area as identified in the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA 30, to the Airline Lift Station service area as shown in Exhibits "A" and "B," which are attached to this ordinance and incorporated into this ordinance by reference as if fully set out in their entireties. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from any element of the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Wastewater Collection System Master Plan for OSO W.R.P. Service Area, Sub Basin SPA 30, as amended from time to time and except as changed by this ordinance, remain in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official 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 Page 2 of 2 Amending the Wastewater Collection System Master Plan to move flows to Airline Lift Station 1 City Council Meeting February 20, 2018 Aerial Overview i17771dddd1777771ddrd177771ddddd177771ddrd1777771dddd17f11 � a,e o ��m I I � �Itl q�tura A Lift Station# 13 2 SPA 30-Existing Wastewater Master Plan -,Ilhrllhrlllhr lL�,rllhrl �,rllhrl�!�,rlllhrllhr�! f���Nf �,, w �J/f""" rr" V f Y r n ���� � r/�h �4i l��® ',✓,gym� - ,I d •"o � p mMn �' // i � l�,;/bra "J+�-'��� /���%'��I��(y/�� �°y' '� i �i i✓, Lift Station# 13 A.MM SPA 30-Proposed Wastewater Master Plan �, i� r M n an ✓ � l �yk 2 .�t i Lift Station# � 13 �r PON, �� mp �� ' / ++% F,lii��{rF�JGrI+ ifffld;4 ✓u'� �.. v J Staff Recommendation ➢ Approve proposed Wastewater Collection System Master Plan Amendment SC v AGENDA MEMORANDUM /rygORPOBPIEO First Reading Ordinance 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 utility easement located south of Yorktown Boulevard between Malamute Drive and Bay Drive CAPTION: 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. PURPOSE: The purpose of this ordinance is to eliminate a portion of a utility easement to allow for Hooten Family Trust and Thomas Nathan Clark to build on the area the easement presently occupies. BACKGROUND AND FINDINGS: Hooten Family Trust and Thomas Nathan Clark (Owner) is requesting the abandonment and vacation of a 0.157 acre 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. This abandonment and vacation of the utility easement is being requested by the owner for new construction. The existing utility easement is unimproved with no public and private utilities. 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 conform to 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 Hooten Family Trust and Thomas Nathan Clark (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: Agenda Memo Ordinance with Exhibits Power Point Presentation 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. WHEREAS, Hooten Family Trust and Thomas Nathan Clark (Owner) is requesting the abandonment and vacation of 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; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.157 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 of Hooten Family Trust and Thomas Nathan Clark (Owner), a 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, as recorded in Volume 66, Pages 85-93 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 maintenance responsibilities for the vacated easement reverts to Hooten Family Trust and Thomas Nathan Clark (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIxoN M. WELSH, P.E.,R.P.L.S. 361 882-5521- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmw@aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 August 10,2017 17029-M&B-UE.doc UTILITY EASEMENT CLOSURE TRACT STATE OF TEXAS § COUNTY OF NUECES § Description of a 0.157 acre tract of land, more or less, a portion of Rodd Village, Block 2, Lots 6, 7, 8, 9, and 10, a map of which is recorded in Volume 66, Pages 85 - 93, Map Records, Nueces County, Texas, said 0.157 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the southeast right-of-way line of Malamute Drive which bears N28°36'06"E 122.66' from the westernmost corner of said Lot 9, said beginning point for the westernmost corner of the tract herein described; THENCE N28036'06"E along said southeast right-of-way line of Malamute Drive, at 7.53' pass the westernmost corner of said Lot 8, in all a distance of 15.06'to a point for the northernmost corner of the tract herein described; THENCE along a line 7.50' northeast of and parallel to the southwest boundary line of said Lots 8, 7 and 6 S66031'52"E 457.24' to a point in the northwest right-of-way line of Bay Drive for the easternmost corner of the tract herein described; THENCE S28034'20"W along said northwest right-of-way line of Bay Drive, at 7.53' pass the easternmost corner of said Lot 10,in all 15.06'to a point for the southeast corner of the tract herein described; THENCE N66031'52"W 457.25' along a line 7.5' southwest of and parallel to the northeast boundary line of said Lots 10 and 9 to the POINT OF BEGINNING, a sketch showing said Utility Easement Closure Tract is attached hereto as Exhibit`B". 000e__� .� on M.Welsh,R.P.L.S. ,µ;....*.... •, 141:(CW M.WELSH 2211 su EXHIBIT Page 1 of 1 CL MALAMUTE DRIVE_ N28° 36' 06" E 15, 06' N28° 36' 06" E 122. 66' J Ln w 5 UTILITY EASEMENT CLOSURE TRACT, 0. 157 AC. 9 4 8 < O 01% N ry cp 2 (� °CA 3 N N R❑DD VILLAGE, r i V. 66, P. 85 — 93, M. R. ,,p O W m P ii7 cfl cil 71� 3 J -__ I 7 O cil Z bd r 2 < ti 10 6 1 J Ln W S28° 34' 20" W 15. 06' CL BAY DRIVE BASS WELS EXHIBIT B CORP SN CHR STI,TX ENGINEERING S KETCH TO ACCOMPANY COMP. N0. EXB—UE CLO JOB N0. 17029 METES AND BOUNDS DESCRIPTION SCALE: 1" = 60' PLOT SCALE: SAME 1" = 60' PLOT DATE: 08/10/17 SHEET 1 OF 1 01<I N T T q� ti meq. AZ) PYRENEES q� �O EXHIBIT "C" LOCATION MAP UTILTY EASEMENT CLOSURE 1" = 500' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-DE LOCATION, JOB NO. 17029, SCALE: 1" = 500' PLOT SCALE: SAME, PLOT DATE: 10/23/17, SHEET 1 OF 1 • V e S� • i i Easement Closure for Rodd Village, Block 2, lots 6,7,8,9 and 10 City Council Presentation January 30, 2018 m . . Aerial Overview AjlllpPn lip o ip un G I r I' �4 IIIA � � I r�it IIII '/�/ � �r fJi� 4/�✓fir ��/r �i�� r � IIIIIIII Vicinity Map i s Staff Recommendations 4 7 �y Staff recommends: • Approval of the proposed Easement Closure. MEMORANDUM To: Margie C. Rose, City Manager Through: Keith Selman, Assistant City Manager' 4� From: William J. Green, P.E., Interim Director, Development Services r Date: February 14, 2018 Subject: Rodd Field Village Public Improvement District (PID) Issue/Problem: Are there any fees due under the terms of the Rodd Field Village Public Improvement District (PID), for easement closure case #18-0047? Background/Findings: On January 30, 2018, at the First Reading of the Ordinance, City Council approved Agenda Item 17, an Ordinance providing for utility easement closure for property in the Rodd Field Village subdivision south of Yorktown Boulevard, between Malamute Drive and Bay Drive (7000 Block of Yorktown). Council asked that an answer to the above- stated issue be provided prior to Council action at Second Reading of the Ordinance. Conclusion: Development Services received confirmation from Accounts Receivables section of the Finance and Administration Department that all assessment fees for the property have been paid. For further reference on the Rodd Field Village PID, please see the attached Informal Staff Report dated April 14, 2017. Development Services will continue to monitor the question of assessment collection. Attachment S FORMAL. STAFF REPORT lad MEMORANDUM To: Margie C. Rose,, Cit Manager1 Through: Keith Selman, Assistant City Manager From: Daniel McGinn, Assistant Director, Planning & ESI SatoApril 14, 2017 Subject*. Radd Field ID Issue, During the March iii, 2017 City Council Workshop, Council Member Garza requested that staff assemble background Information regarding the Rodd Field PID as well as lessons learned. Background-, The Cit} annexed Rodd Field Village In 1989.The area, a former Naval base, was characterized by substandard Infrastructure. In 1991, the City was unsuccessful In its attempts to broker an agreement for the property owners to fund the needed Inftastructure Improvements. Development and private investment in Rodd Feld Village was hindered by the high costs of necessary off-site improvements and the lack of legal access to some properties as a result of unlatted lend lacking dedicated easements. With the support of over half the pm,perty owners, the City initiated the process of establishing a Public Improvement District(PID) In 2000, The City Council established the PID in 2003 (Ord. 025496) with a preliminary estimated cost of$880,000 for Improvements and land acquisition. The City agreed to pay$89,700 of those costs for engineering services as well as absorb the costs of platting, and waived water and sewer lot/acreage fees. The costs associated with repair, replacement, and, installation of roads, water lines, and sanitary sewer lines were covered by the property owners through an assessment based on the square footage of the propertles within the PID. In 2005,Coundl amended the Rodd F*W PID boundary map to Include an addldonal 3.46 awes at the request of the property owner(Ord.026563)and established a ten- year repayment period for properly owners In the district,In accordance with State law regulations in place at the time.To finance die Improvement costs,the City used bond funding with repayment by the property owners with an interest rate of OS percent . above the bond interest rate. There were 99 accounts In the PID that were billed a Natal original amount of$692,237. Today,there are still 32 accounts that owe a repayment total of$195,058. However, the ten-year mpayrnent period extends to 2020 due to the timing of bond issuance. Currently,there are twelve delinquent accounts that owe a total of$81,764 In unpaid - principal and$300478 in interest. Conduslem The Rodd Field PID case study provides usefuul general lessons regarding the process of annexation and PID establishment However,this PID conforms to an earlier Iteration of PLDs In the State of Texas.While the State adopted the original PID legislation In 1987, R was not until 2007 when the"iit`modem'Texas PID revenue bond was Issued by Trophy Club fbr the Highlands Development[$27.5 mllaon],s according to a presentation by dim Sabonts of First Southwest Company. There are several talsaways from the Raid Field Village annexation and PID process - Wllate: 1. Establish and adopt a funding machanlsm for financing lnfrasbvcture Improvements as part of the annexation process.By the time the Rodd Field PID was gaining traction as a viable funding mechanism,some parcels had already dtanged hands two or three times and were not always properly nmrded, melting R difficult to idea*and locate property owners within the PID - boundaries. 2. Ensure there Is a dear record of who can sign documents for each properly. 3. Establish a very specific scope for Improvements and communicate that scope and purpose of the scope clearly in all communications. 4. Rle all1, t�ion at the Nueces County Courthouse and not just with the city Seaetary's Office as not all t81e companies check the City Secretary's 001cce. S. Use a more equitable method fbr assessments,such as the current provision In State legidadon allowing an assment based on appraised value. 6. Having a large number of property owners Involved Increases the complexity of establishing a PID. Later this month,City staff will sndsedule a discusslon with the City's Bond Counsel to discuss the"modems PID revenue bonds and how they may or may not Impact the city's own bond capacity as well as other potential pros and cons related to Public Improvement Districts as an Infrastructure financing tool. SC o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of February 20, 2018 "cis52Ea Action Item for the City Council Meeting of February 27, 2018 DATE: February 14, 2018 TO: Margie C. Rose, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Texas Defense Economic Adjustment Assistance Grant Program in an amount of$6.016M CAPTION: Ordinance authorizing acceptance of two grant agreements totaling $6,016,014 from the Office of the Texas Governor to construct a new water pipeline to Naval Air Station Corpus Christi and construct perimeter fencing and access control gates at the Corpus Christi Army Depot, appropriating into the Water Grants Fund and the Community Development Grant Fund and providing $270,001 as in-kind local match. PURPOSE: To receive the Defense Economic Adjustment Assistance Grant (DEAAG) program funds, the State of Texas requires award recipients to sign Grant Agreements identifying the responsibilities of the recipient and the State. No appropriation of local funds is needed because the match is in-kind services provided by City staff. Reimbursement grant funds will be deposited into Fund 1052 Water Grant Fund (for NASCC) and Fund 1072-Community Development Grant Fund (for CCAD). BACKGROUND AND FINDINGS: On December 13, 2017, the City of Corpus Christi was awarded two grants from the State of Texas totaling more than $6,000,0000 for a new water supply line for Naval Air Station Corpus Christi (NASCC) and perimeter fencing and access control gates for Army helicopter repair facilities at the Corpus Christi Army Depot (CCAD). The Texas Military Preparedness Commission (TMPC) selected the City's applications from 13 submitted for the Defense Economic Adjustment Assistance Grant (DEAAG) program. Applicants requested more than $42 million worth of projects for the $20 million in funding appropriated by the 85th Texas Legislature. The City's project for NASCC called for construction and connection of a new water pipeline on the north perimeter of Naval Air Station Corpus Christi to strategically ensure resilient and redundant supply of water to the base's 41 tenant commands and the 506 facilities that are Page 1 of 3 critical to the base's mission. According to the City's NASCC DEAAG application, the City's Utilities Department will invest just under$1.05 million of Capital Improvement Program Bond Funds to extend a water line along Ocean Drive from Ennis Joslin to Navy property. DEAAG funds ($2,734,700)will be used to extend the water line on Navy property to the water plant on the base. The City's in-kind contribution to the DEAAG-funded water line project totals $136,735 for construction inspection and contract administration and financial management of the grants which will be funded by the Capital Improvement Bond funds. The City's project for CCAD promotes the best in national security as the Army helicopter sustainment facilities undergo a physical security update. Perimeter fencing and access control gates will enhance the safety and well-being of all personnel, mission-critical aircraft, components and property. CCAD will also contribute more than $1.0 million in Army Working Capital Funds to repair and replace fencing, gates, doors and security cameras damaged by Hurricane Harvey. The DEAAG-funded project ($3,281,314.00)will be used to construct perimeter fencing and access control gates around Army helicopter repair facilities to enhance security of mission-critical aircraft and components for CCAD. The City's in-kind contribution to the DEAAG-funded security fencing project is $133,266 for construction inspection, contract administration and financial management of the grant. The tentative schedule for the both projects is for construction to begin in Summer 2018 and complete the project before the end of the State's 2018 fiscal year (August 31, 2019), as required by the DEAAG program. First, however, the Navy has to agree to accept the gift of these projects by the City. Mayor Joe McComb sent a letter to NASCC Commanding Officer Captain Phil Brock on January 17, 2018, initiating the gifting process. ALTERNATIVES: If Council does not approve the grant agreements, the projects will be canceled and the TMPC will allocate $6.016M in grant funds to other defense communities. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: Conforms to City policy. Whatever that means EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Budget, City Manager, Engineering, Finance, Legal, Utilities Page 2 of 3 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable (in-kind) Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): N/A Comments: None RECOMMENDATION: Staff recommends approval of the grant agreements. LIST OF SUPPORTING DOCUMENTS: 1. Ordinance 2. Presentation of Project Area Map 3. Award Letter for NASCC project 4. NASCC contract 5. Award Letter for CCAD project 6. CCAD contract 7. Exhibits NASCC 8. Exhibits CCAD 9. Mayor's Gift Letter Page 3 of 3 Ordinance authorizing acceptance of two grant agreements totaling $6,016,014 from the Office of the Texas Governor to construct a new water pipeline to Naval Air Station Corpus Christi and construct perimeter fencing and access control gates at the Corpus Christi Army Depot, appropriating into the Water Grants Fund and the Community Development Grant Funds and providing $270,001 as in-kind local match. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate two grants totaling $6,016,014 from the State of Texas Office of the Governor from the Defense Economic Adjustment Assistance Grant (DEAAG) Program in Fund 1052-Water Grant Fund (for NASCC) and Fund 1072- Community Development Grant Fund (for CCAD). Section 2: A copy of the executed grants shall be filed in the office of the City Secretary. 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 Page 1 of 2 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 Page 2 of 2 E Off' W N �OI'ER��4 GOVERNOR GREG ABBOTT TEXAS MILITARY PREPAREDNESS COMMISSION December 15, 2017 Margie Rose P.O. Box 9277 Corpus Christi,TX 78469 Dear Mrs. Rose: The Texas Military Preparedness Commission(TMPC)is pleased to announce that the City of Corpus Christi has been awarded a Defense Economic Adjustment Assistance Grant (DEAAG) of $2,734,700.00 to repair water infrastructure at Naval Air Station Corpus Christi. Governor Abbott and the State of Texas place a high value on the military installations in Texas and the defense communities that support these bases. This is one of two projects for the City of Corpus Christi during this funding round and both were well received. We look forward to watching this project develop and continue to support Naval Air Station Corpus Christi as an instrumental part of the military community in Texas. Please reply to this award letter with a letter accepting or denying the grant award. If accepting,the TMPC staff will begin working with the point of contact designee and/or grant administrator in the application so we may begin processing the grant award. Best Regards, B. Keith Graf Executive Director Texas Military Preparedness Commission POST OFFICE Box 12428 AUSTIN,TEXAS 78711512463-2000(VOICE)DIAL 7-1-1 FOR RELAY SERVICES AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT BETWEEN THE OFFICE OF THE GOVERNOR, TEXAS MILITARY PREPAREDNESS COMMISSION AND CITY OF CORPUS CHRISTI TMPC 1801-01-05 STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT is between the Office of the Governor, Texas Military Preparedness Commission, P.O. Box 12428, Austin, Texas 78711 ("OOG" or "Grantor"), and City of Corpus Christi ("Grantee"). OOG and Grantee are referred to collectively as the "parties." The parties hereto have severally and collectively agreed and by the execution of this Agreement are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 1. PURPOSE. This Grant is awarded pursuant to Texas Government Code, Chapter 436, which authorizes OOG to administer the Defense Economic Adjustment Assistance Grant ("DEAAG") program. The DEAAG program provides state funds to defense communities that have been or may be affected by a base realignment and closure action for the purposes of purchasing property, sharing the costs of infrastructure or redevelopment projects, and the purchase or lease of equipment, including equipment for the training of defense workers. SECTION 2. TERM OF AGREEMENT. This Agreement will commence March 20,2018 and will terminate on August 31,2019,or upon the completion of the Grant Project as described herein, whichever occurs first, unless terminated earlier pursuant to Section 16 of this Agreement. SECTION 3. PROJECT REQUIREMENTS. Consistent with Section 436.203 of the Texas Government Code, grant proceeds may be used for the purchase of property, new construction, rehabilitation or renovation of facilities or infrastructure, or purchase of capital equipment or facilities insurance, and if applicable, to purchase or lease equipment to train certain workers. Subject to the requirements of applicable law and this Agreement, Grantee may use grant proceeds as cost reimbursement for certain actual,reasonable, and allowable costs that are directly allocable to the Project in accordance with the Grant Project, as further described in Exhibit A (Grant Budget), Exhibit B (Grant Narrative), and the Grantee's DEAAG Grant Application. SECTION 4. OOG OBLIGATIONS. A. The OOG shall reimburse the Grantee for the actual and allowable allocable costs incurred by Grantee during the term of this Agreement, subject to the requirements and limitations set forth herein. Page 1 of 27 B. OOG shall not be liable to Grantee for any costs incurred by Grantee that are not strictly in accordance with the terms of this Agreement. SECTION 5. MAXIMUM AMOUNT OF GRANT. Notwithstanding any other provision of this Agreement, the total of all grant reimbursement payments and other obligations incurred by OOG under the terms of this Agreement shall not exceed TWO MILLION, SEVEN HUNDRED THIRTY-FOUR THOUSAND, SEVEN HUNDRED AND 00/100 ($2,734,700.00) DOLLARS. The parties stipulate and agree that any act, action or representation by either parry, their agents or employees that purport to increase the liability of the OOG is voidable by the OOG, unless this Agreement is amended. SECTION 6. GENERAL REQUIREMENTS APPLICABLE TO THE GRANT. A. Grant funds may be used only for the actual, reasonable, and allowable costs incurred during the term of this Agreement and that are directly allocable to the Project. Grant funds may not be used for the payment of taxes, overtime, overhead, debt repayment, indirect expenses, or administrative expenses. B. All grant funds will be disbursed on a cost reimbursement basis only. Only costs that have been incurred and paid by the Grantee are eligible for reimbursement. Grant funds are not eligible for use to provide an advance payment to a Grantee or subgrantee. C. In no case shall the payments made to a Grantee exceed the actual, reasonable, and allowable costs that are directly allocable to the Project costs as identified in the Grant Budget, or the Maximum Amount of Grant as set forth in Section 5 of this Agreement. D. Pre-award costs incurred prior to the effective date of the Agreement may be allowable only with the written approval of the OOG and only to the extent that they would have been allowable if they had been incurred after the date of the award. E. All costs must be allowable in accordance with the purposes authorized by Texas Government Code, Chapter 436, the DEAAG Administrative Rules (Title I, Texas Administrative Code, Chapter 4, Subchapter B), this Agreement,the Grant Budget, and other applicable law. F. The grants are subject to the requirements of applicable state law, regulations, and policies, including,but not limited to, Texas Government Code Chapter 783,the administrative rules of the Texas Comptroller of Public Accounts at Title 34, Chapter 20, Subchapter I of the Texas Administrative Code, and the State Uniform Grant Management Standards (UGMS). The UGMS is available for download at: https:Hcomptroller.texas.gov/purchasing/grant-management/. The 2004 version of the UGMS is the current version as of the date of this Agreement, however the UGMS may be updated by the Comptroller of Public Accounts from time-to-time. G. Grantees agree to comply with the Uniform State Grant Assurances as set forth in Exhibit C. Page 2 of 27 SECTION 7. CONDITIONS PRECEDENT TO REIMBURSEMENT. Grant funds shall be disbursed on a cost reimbursement basis, subject to the terms of this Agreement. All of the following conditions precedent must be met to the satisfaction of OOG prior to any reimbursement payments: A. All costs incurred by Grantee for which Grantee seeks reimbursement must be for the actual, reasonable, and allowable costs that are directly allocable to the Project costs described in the Grant Budget. B. OOG must have received from Grantee a Request for Reimbursement specifying the amount of the Grant being requested, along with invoices showing all such costs. No requests for the reimbursement of expenditures incurred by the Grantee after August 31, 2019 will be considered by OOG. The total amount already disbursed plus the amount requested shall not exceed the maximum amount of the Grant set forth in Section 5 of this Agreement. C. Grantee must be in compliance with all terms of this Agreement. D. Grantee must have supplied to the OOG all reports or other items that OOG requires or has requested. SECTION 8. STRUCTURE FOR REIMBURSEMENT PAYMENTS. A. Reimbursement Request. The OOG will make a reimbursement payment to the Grantee only in response to an approved Request for Reimbursement from the Grantee for the payment of actual, reasonable, and allowable costs that are directly allocable to the Project. The Grantee's reimbursement request will be submitted to the OOG in the form and manner as approved by the OOG and will specify the detailed and total expenses for the reimbursement request. All requests for the reimbursement of allowable costs will be submitted to the OOG in accordance with the schedule as set forth in Section 8.C. All reimbursement requests and payment inquiries shall be submitted directly to: Office of the Governor Texas Military Preparedness Commission Attn: Alexandra Taylor P.O. Box 12428 Austin, Texas 78711 alexandra.taylorL gov.texas.gov B. Required Documentation. Each Request for Reimbursement presented must include: (1) identification of the specific OOG Agreement; (2)the Grantee's federal tax identification number; (3) the name and division of the OOG contact; (4) description of the services/costs/expenses and the dollar amount attributable to each; (5) the name of the entity or person providing the service and the cost(s) charged by such entity or person; and (6) an itemization of charges with sufficient detail to permit the OOG to determine if the costs are allowable. Page 3 of 27 Requests for Reimbursement must include documentation of proof of payment as evidence of actual expenditures. Acceptable proof of payment includes, but is not necessarily limited to, a receipt or other documentation of a paid invoice showing zero balance due, a monthly bank statement evidencing payment of the specific expenditure, copies of endorsed/processed checks, or a printed copy of an electronic payment confirmation evidencing payment of the specific expenditure(s)to which the reimbursement relates. Each item of expenditure shall be specifically attributed to the eligible project cost category as identified in the Grant Budget. By submission of a reimbursement request, Grantee is warranting the following: (1) all invoices have been carefully reviewed to ensure that all invoiced services or goods have been performed or delivered; (2) that the services or goods have been performed or delivered in compliance with all terms of this Agreement; (3)that the amount of each new invoice added together with all previous invoices does not exceed the Maximum Amount of Grant as stated in Section 5 of this Agreement; and (4) the charges and expenses shown on the invoice are reasonable, necessary, and that all supporting documentation is attached. C. Timing of Submission of Request for Reimbursement to the OOG; Close-Out Invoice. Grantee is responsible for submitting bills in an accurate and timely manner, and shall make every reasonable effort to submit quarterly billings to the OOG, which cover the previous quarter's expenses, so that they are received by the OOG on or before the twentieth(20th) day after the end of each quarter, or if the 20th falls on a weekend or holiday, the next business day. Quarterly reimbursement requests are due: (1)First quarter—December 20; (2) Second Quarter—March 20; (3) Third Quarter—June 20; (4) Fourth Quarter—September 20. The OOG will make all reasonable efforts to promptly process and make payments on properly completed billings. Grantee may submit a final invoice not later than the earlier of(1) forty-five (45) calendar days after termination of this Agreement; or (2) forty-five (45) calendar days after the end of each state fiscal year. D. Final Deadline for Reimbursement Requests. All requests for reimbursement must be received by the OOG no later than October 15, 2019 (i.e., forty-five (45) calendar days after termination of this Agreement). An Agreement amendment must be executed by the OOG and the Grantee in order to extend this deadline. Any extension of the deadline is within the sole discretion of the OOG and subject to the availability of appropriated funds. E. Disclosure of Reimbursement Information under the Public Information Act. All reimbursement documentation submitted to the Office of the Governor (OOG) is subject to disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code ("the Act"), whether created or produced by the Grantee or by any third-party. If it is necessary for the Grantee to include proprietary or otherwise confidential information in the documents submitted, that particular information should be clearly identified as such. Merely making a blanket claim that the all documents are protected from disclosure because they may contain some proprietary or confidential information is not acceptable, and will not render the whole of the information confidential. Any information, which is not clearly identified as proprietary or confidential is subject to release in accordance with the Act. Page 4 of 27 F. Right to Request Additional Documentation. Upon the request of the OOG, the Grantee must submit to the OOG any additional documentation or explanation the OOG may require to support or document any requested payment under the Agreement. G. Allowable Costs. The OOG shall reimburse the Grantee only for actual, reasonable, and allowable costs that are directly allocable to the Project as determined by the OOG in accordance with the Texas Government Code, Chapter 436,the DEAAG Administrative Rules (Title I, Texas Administrative Code, Chapter 4, Subchapter B), this Agreement, the Grant Budget, and in conformity with the UGMS. SECTION 9. BUDGET ADJUSTMENT. Prior written approval from the OOG is required if Grantee anticipates altering the scope of the grant, adding funds to previously un-awarded budget items or categories, changing funds in any awarded budget items or category by more than 10% of the annual budget, and/or adding new line items to any awarded budget category. SECTION 10. PURCHASE OF EQUIPMENT; MAINTENANCE AND REPAIR; TITLE UPON TERMINATION. Grantee shall not give any security interest,lien or otherwise encumber any item of equipment purchased with grant funds. Grantee shall identify all equipment purchased under this Agreement by appropriate tags or labels affixed to the equipment. Grantee shall maintain a current inventory of all equipment, which shall be available to the OOG at all times upon request, however, as between the OOG and Grantee title for equipment will remain with Grantee. Grantee will maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Agreement, Grantee shall use the proceeds to repair or replace said equipment. Upon termination of this Agreement, title, use, and disposal of equipment shall be in conformity with the UGMS. SECTION 11. REPORTING REQUIREMENTS. A. Until Grantee has submitted a Project Completion Report to OOG, Grantee shall submit a Quarterly Project Status Report to OOG,using the form attached hereto as Exhibit D,no later than twenty (20) calendar days after the end of each calendar quarter summarizing grant expenditures and detailing the progress on grant requirements. B. After Grantee has completed the Grant Project as set forth in this Agreement, but in no case more than one hundred twenty (120) calendar days after termination of this Agreement, Grantee shall submit to OOG a Project Completion Report, using the form attached hereto as Exhibit E, describing all activities performed under this Agreement. Grantee shall provide to OOG a Certification of Delivery, certifying that Grantee has received delivery of all equipment purchased pursuant to this Agreement. C. No later than sixty (60) calendar days after the date on which Grantee submits its Project Completion Report to OOG, Grantee shall provide to OOG a DEAAG Project Impact Report, using the form attached hereto as Exhibit F. A DEAAG Project Impact Report must contain information concerning jobs generated and retained, and individuals trained as a result of the Project. For purposes of this Agreement, job creation, retention, and training rates may be Page 5 of 27 evidenced by satisfactory documentation, such as copies of payroll documents, human resource documents, or training enrollment records. D. Grantee shall provide to OOG additional information regarding the status of the Project at any time upon request from OOG. E. Grantee shall cooperate with OOG and provide all requested assistance to OOG in connection with the preparation of any reports required from time to time to be made by OOG to the Texas Legislature or any relevant governmental entity regarding Grantee, the Grant, the Project, or the Grant Application. F. All reports provided to OOG must be signed by the duly authorized representative of Grantee. G. Failure to Provide Required Reports and Other Documentation. If after a written request by the OOG, Grantee fails to provide required reports,information, documentation or other information as required by this Agreement,then the OOG may require corrective action or consider this act a possible default under this Agreement. SECTION 12. CORRECTIVE ACTION. A. Failure to Progress with Grant Project. If after written notice by the OOG to the Grantee, Grantee fails to make progress on the grant project,then the OOG may consider this act a possible default under this Agreement. B. Notice of Possible Default. The parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OOG or Grantee. The OOG, in its sole discretion, will determine whether Grantee has acted or failed to act in such a manner that gives rise to an act of possible default under this Agreement. The OOG shall give written notice to Grantee setting out the circumstances that support the OOG's determination of possible default. C. Opportunity to Cure. The OOG will give the Grantee at least thirty (30) calendar days to cure the possible default and to provide the OOG sufficient information that supports a finding of cure by the OOG. D. Cure. If the OOG is satisfied that the Grantee has cured the possible default event, the OOG shall give written notice to the Grantee. The OOG will be guided by good faith and reasonableness in determining, in the sole discretion of the OOG, whether the Grantee has cured the possible default. E. Default. If the OOG is not satisfied that the Grantee has cured the possible default, the Grantee shall be in default hereunder, and the OOG shall give written notice to the Grantee declaring such default. Any default may result in termination of this Agreement in accordance with Section 16. F. Corrective Action Plans. If the OOG finds deficiencies in Grantee's performance under this Agreement,the OOG, at its sole discretion, may impose one or more of the following remedies as Page 6 of 27 part of a corrective action plan: increase monitoring visits;require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices;reduce the grant award amount; and/or terminate this Agreement. The foregoing are not exclusive remedies, and the OOG may impose other requirements that the OOG determines will be in the best interest of the State. G. Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information may result in the OOG, at its sole discretion, placing Grantee on immediate financial hold without further notice to Grantee and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If Grantee is placed on financial hold, the OOG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time Grantee was placed on financial hold. H. Sanctions. In addition to financial hold,the OOG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OOG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, requiring return or offset of previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminating this Agreement and/or any other appropriate sanction. L No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, Grantee remains responsible for complying with the Agreement terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this Agreement. SECTION 13. NOTICES. Any notice required or permitted to be given under this Agreement by the either parry shall be in writing and shall be deemed to have been given immediately if delivered by e-mail, or in person as set forth in this section. Any notice required or permitted to be given under this Agreement may be given by regular first class mail and/or email and shall be deemed to have been given on the date of attempted or actual delivery to the recipient if addressed to the receiving party at the address specified in this section: Office of the Governor City of Corpus Christi City of Corpus Christi Texas Military Preparedness Margie Rose Judy Sandroussi Commission Attn: Alexandra Taylor City Manager Controller P.O. Box 12428 P.O. Box 9277 P.O. Box 9277 Austin, TX 78711 Corpus Christi,TX 78469 Corpus Christi,TX 78469 alexandra.taylor@gov.texas.gov margier@cctexas.com JudyS@cctexas.com SECTION 14. GRANTEE CERTIFICATIONS. By executing this Agreement,Grantee hereby makes the following certifications and warranties: A. Delinquent Child Support Obligations. Under Texas Family Code, Section 231.006(d), regarding child support, Grantee certifies that the individual or business entity named in this Page 7 of 27 Agreement is not ineligible to receive the specified payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. B. Prohibited Bids and Agreements. Under Section 2155.004 of the Texas Government Code (relating to prohibited bids and agreements),Grantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. C. Gift to Public Servant. Grantee warrants that it has not given, nor does it intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,trip, favor, or service to a public servant in connection with the award of this Agreement. D. Former Executive Head and Employees of the Agency. Grantee certifies that this Agreement is compliant, and will remain in compliance during the Agreement term, with the following Sections of the Texas Government Code: Section 669.003 (Contracting with Executive Head of State Agency); Section 572.069 (Prohibiting employment of state officers and employees who participated in the procurement of services); and Section 2252.901 (Contracts with Former or Retired Agency Employees). E. Conflicts of Interest. Grantee certifies that neither it nor the personnel or entities employed in rendering services under this Agreement have, nor shall they knowingly acquire, any interest that would be adverse to or conflict in any manner with the performance of Grantee's obligations under this Agreement. Grantee has a continual and ongoing obligation to immediately notify the OOG in writing, upon discovery of any actual or potential conflict. F. Corporate Franchise Tax. Grantee certifies that, if applicable, its Texas franchise tax payments are current, or that it is exempt from, or not subject to, such tax. G. No Claims. Grantee certifies that Grantee does not have any potential or existing claims against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas. H. Debt to State. Grantee acknowledges and agrees that,to the extent Grantee owes any debt or delinquent taxes to the State of Texas, any payments Grantee is owed under this Agreement may be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Grantee owes the State of Texas until the debt or delinquent taxes are paid in full. L Suspension/Debarment. Grantee certifies that Grantee and Grantee's principals are, to the best of its knowledge and belief, not on the specially-designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. Grantee certifies that it will not knowingly enter into any subcontract with an entity who is, or whose principals are, on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. Grantee will ensure that this section regarding debarment, suspension, ineligibility, and voluntary exclusion, and the specially-designated nationals list without modification in any subcontracts or solicitations for subcontracts. Page 8 of 27 J. Deceptive Trade Practices/Unfair Business Practices. Grantee represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that the Respondent has not been found to be liable for such practices in such proceedings. Grantee certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit, and that such officers have not been found to be liable for such practices in such proceedings. K. False Statements. By signature to this Agreement, Grantee makes all the representations, warranties,guarantees,certifications and affirmations included in this Agreement. If Grantee signs this Agreement with a false statement or it is subsequently determined that Grantee has violated any of the representations, warranties, guarantees, certifications or affirmations included in this Agreement, Grantee shall be in default under this Agreement and the OOG may terminate or void this Agreement for cause and pursue other remedies available to the OOG under this Agreement and applicable law. L. Felony Criminal Convictions. Grantee represents and warrants that Grantee and its employees who will perform services under this Agreement have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Grantee has fully advised the OOG as to the facts and circumstances surrounding the conviction. M. Immigration. The Grantee shall comply with the requirements of the Immigration Reform and Control Acts of 1986 and 1990 ("IRCA")regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services in the United States of America under this Grant Agreement, if any,and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA")enacted on September 30, 1996. N. U.S. Department of Homeland Security's E-Verify System. Grantee certifies and ensures that it utilizes and will continue to utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's E-Verify system as required by Chapter 673 of the Texas Government Code, and to determine the eligibility of: a. All persons employed to perform duties within Texas, during the term of the Grant; and b. All persons employed or assigned by Grantee to perform work pursuant to the Grant Agreement,within the United States of America; and c. If this certification is falsely made, the Agreement may be terminated. O. Certification Concerning Hurricane Relief. The OOG is prohibited from awarding an Agreement to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with an Agreement involving relief for any disaster as defined by Section 418.004 Texas Government Code occurring after September 24, 2005. Under Section 2155.006, Texas Government Code, Grantee certifies that it is not ineligible to receive the Agreement and acknowledges that the Agreement may be terminated and payment withheld if this certification inaccurate. Page 9 of 27 P. Technology Access Clause. If applicable, Grantee will comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. Likewise,if applicable, Grantee shall provide the Department of Information Resources with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act),or indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" (http://www.buyaccessible.gov). A company not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at hl!p://www.section50LggvL/. Q. Buy Texas. With respect to all services, if any, purchased pursuant to this Agreement, Grantee represents and warrants that it will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and within a comparable period of time when compared to non-Texas products and materials. R. Liability for Taxes. Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from this Agreement, including, but not limited to, any federal, State, or local income, sales or excise taxes of Grantee or its employees. The OOG shall not be liable for any taxes resulting from this Agreement. S. Israel. Grantee verifies that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this agreement. SECTION 15. GENERAL TERMS AND CONDITIONS. A. Independent Contractor Grantee or Grantee's employees, representatives, agents and any subcontractors shall serve as an independent contractor in performing the services under this Agreement shall not be employees of the OOG or the State of Texas. B. Subcontracting. In the event that the Grantee should determine that it is necessary or expedient to subcontract for any of the performances herein, Grantee understands and agrees that it will be responsible to the OOG for any subcontractor's performance under this Agreement. In no event shall this section or any other provision of this Agreement be construed as relieving the Grantee of the responsibility for ensuring that performance under this Agreement, and any subcontracts thereto, is rendered in compliance with all of the terms of this Agreement. If Grantee uses a subcontractor for any or all of the work required, the following conditions will apply: (1) The Grantee, in subcontracting for any performances specified herein, expressly understands and agrees that subcontracting will be solely at Grantee's expense and the OOG shall not be liable in any manner to the Grantee's subcontractor(s); (2) Grantee will be the sole contact for the OOG; and(3)Pursuant to Chapter 2251 of the Texas Government Code, Grantee will make any payments owed to subcontractors within ten(10)calendar days of Grantee's receipt of funds from the OOG. Page 10 of 27 C. No Assignment. This Agreement is not assignable by Grantee. Notwithstanding any attempt to assign the Agreement, Grantee shall remain fully liable on this Agreement and shall not be released from performing any of the terms, covenants, and conditions herein. Grantee shall be held responsible for all funds received under this Agreement. D. Records Retention. Records shall be maintained and made available to the OOG or its authorized representatives upon request during the entire performance period of this Agreement and until three (3) years from date of final payment by the OOG for the services provided under this Agreement. In addition, those records relating to any dispute, litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken, shall be maintained and made available to the OOG or its designee until completion of such action and resolution of all issues which arise from it, or until the end of the aforementioned three (3) year period, whichever is later. Failure to provide reasonable access to authorized OOG representatives shall give OOG the right to terminate this Agreement pursuant to Section 16 of this Agreement, or any portion thereof, for reason of default. E. Right to Audit. Grantee will cooperate fully in any review conducted by the OOG or its authorized representatives related to services provided under this Agreement. The OOG has the authority to monitor, inspect, assess, and review the fiscal, contractual, or performance of the Grantee with respect to the Agreement, including all information related to any services provided under this Agreement or billed to the OOG. Grantee will remedy in a timely manner, any weaknesses, deficiencies, Agreement noncompliance, or audit exceptions found as a result of a review by the OOG or its authorized representatives. Such remedy can include a refund or offset of Agreement payments or any other appropriate actions deemed necessary by the OOG. Acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office to audit or investigate the expenditure of funds under this Agreement or any subcontract. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Grantee and the requirement to cooperate is included in any subcontract it awards. F. Texas Public Information Act. Notwithstanding any provisions of this Grant Agreement to the contrary, Grantee acknowledges that the State of Texas, OOG, and this Grant Agreement are subject to the Texas Public Information Act, Texas Government Code Chapter 552, (the "Act"). Grantee acknowledges that the OOG will comply with the Act. Grantee acknowledges that information created or exchanged in connection with this Grant Agreement is subject to the Act, and Grantee agrees that information not otherwise excepted from disclosure under the Act, will be available in a format that is accessible by the public at no additional charge to the OOG or State of Texas. Grantee will cooperate with the OOG in the production of documents or information responsive to a request for information. Information provided by or on behalf of Grantee under, pursuant to, or in connection with this Grant Agreement that Grantee considers proprietary, financial, or trade secret information (collectively "Confidential Information") shall be designated as such when it is provided to the OOG or State of Texas or any other entity in accordance with this Grant Agreement. The OOG agrees to notify Grantee in writing within a reasonable time from receipt of a request for Page 11 of 27 information covering Grantee's Confidential Information. The OOG will make a determination whether to submit a request for a ruling under the Public Information Act to the Attorney General. Grantee agrees to maintain the confidentiality of information received from the OOG or State of Texas during the performance of this Grant Agreement to the extent allowed by the Act, including information which discloses confidential personal information particularly, but not limited to, personally identifying information, personal financial information and social security numbers. Grantee will notify the OOG within twenty-four (24) hours of receipt of any third party requests for information that was provided to the Grantee by the OOG or the State of Texas. G. Media Releases or Pronouncements. Grantee understands that the OOG does not endorse any vendor, commodity good, or service. The Grantee, its employees, representatives, subcontractors, or other agents may not issue any media release, advertisement, publication, or public pronouncement which pertains to this Agreement or the services or project to which this Agreement relates, or which mentions the OOG, without the prior written approval of the OOG. H. Indemnification. TO THE EXTENT ALLOWED BY LAW, GRANTEE WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG, AND ITS OFFICERS AND EMPLOYEES FROM ANY CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES AND COURT COSTS CONNECTED WITH ANY ACTS OR OMISSIONS OF GRANTEE OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER IN THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY THE OOG. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE OOG FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE OOG OR ITS EMPLOYEES. L Intellectual Property. TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OOG, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, GRANTEES, ASSIGNEES, AND/OR DESIGNEES AGAINST ANY CLAIM OF COPYRIGHT, TRADEMARK, OR PATENT INFRINGEMENT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT ARISING IN CONNECTION WITH THE PERFORMANCES OR ACTIONS OF GRANTEE PURSUANT TO THIS AGREEMENT. THE GRANTEE SHALL BE LIABLE TO PAY ALL COSTS, DAMAGES, AND ATTORNEYS' FEES INCURRED BY THE OOG RESULTING FROM SUCH CLAIMS INCLUDING ANY CLAIM FOR THE INFRINGEMENT OF ANY UNITED STATES OR INTERNATIONALLY PROTECTED PATENTS OR COPYRIGHTS ARISING FROM THE USE BY THE GRANTEE OR THE OOG, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, GRANTEES, ASSIGNEES, AND/OR DESIGNEES OF ANY EQUIPMENT, MATERIALS, INFORMATION, OR IDEAS EMPLOYED OR FURNISHED BY THE GRANTEE IN CONNECTION WITH THE PERFORMANCES CALLED FOR IN THIS AGREEMENT Page 12 of 27 J. Taxes/Workers' Compensation/Unemployment Insurance. GRANTEE IS FULLY RESPONSIBLE FOR ITS OWN FEDERAL, STATE, AND LOCAL TAXES. GRANTEE AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS AGREEMENT, GRANTEE SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF GRANTEE'S AND GRANTEE'S EMPLOYEES' TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS AGREEMENT. GRANTEE AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE,AND WORKERS' COMPENSATION. THE OOG, THE BANK AND/OR THE STATE OF TEXAS SHALL NOT BE LIABLE TO THE GRANTEE, ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF THE OOG. K. Tax Identification Information Required. As a prerequisite to the OOG's ability to process any payments to Grantee under this Agreement, Grantee shall provide the OOG with required tax and payee identification information in the form of a completed "Application for Texas Identification Number" (available on the Comptroller of Public Accounts' website at http://www.window.state.tx.us/taxinfo/taxforms/ap-152.pdf).If Grantee has previously completed the required documentation to obtain a Texas Identification Number (TIN) prior to the effective date of this Agreement,Grantee may satisfy this requirement by providing the OOG with Grantee's current TIN, name, and address to permit the OOG to verify registration in the TINS System with the Texas Comptroller of Public Accounts. L. Insurance.Unless otherwise noted in this Agreement, and to the extent that Grantee does not have or maintain insurance or does not have or maintain sufficient insurance, Grantee acknowledges and agrees that Grantee will be solely responsible for any losses or damages related to or caused by the Grantee's performing its duties and obligations under this Agreement. The OOG will have no obligation to reimburse or otherwise pay Grantee for any costs incurred related to any such losses or damages. M. Fraud,Waste and Abuse. Grantee understands that the OOG does not tolerate any type of fraud, waste, or misuse of funds received from the OOG. The OOG's policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls. Any violations of law,OOG policies,or standards of ethical conduct will be investigated, and appropriate actions will be taken. In the event Grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds received from the OOG that is made against Grantee, Grantee is required to immediately notify the OOG of said allegation or finding. Grantee is also obliged to inform the OOG of the status of any on-going investigations regarding allegations of fraud, waste, or abuse. Grantee is expected to report any possible fraudulent or dishonest acts,waste, or abuse to the OOG's Fraud Coordinator or Ethics Advisor at (512)463-1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin, Texas 78711. Page 13 of 27 N. Saturdays, Sundays, Holidays. If the last or appointed day for the taking of any action or the expiration of any right required or granted in this Agreement is a Saturday or a Sunday or a scheduled State of Texas or national holiday, then such action may be taken or such right may be exercised on the next succeeding business day that is not a Saturday, Sunday or holiday. A schedule of State of Texas holidays is located at: http://www.hr.sao.state.tx.us/compensation/holidays.html O. Applicable Law and Venue. This Agreement is made and entered into in the State of Texas. This Agreement and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas,without regard to any otherwise applicable conflict of law rules or requirements. Venue for any Grantee-initiated action, suit, or litigation arising out of or in any way relating to this Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court, Western District of Texas - Austin Division. Venue for any OOG-initiated action, suit,or litigation arising out of or in any way relating to this Agreement may be commenced in a Texas state district court or a United States District Court selected by the OOG in its sole discretion. The Grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation. The Grantee hereby waives and agrees not to assert as a defense, or otherwise, in any suit, action or proceeding, any claim that the Grantee is not subject to the jurisdiction of the above-named courts; the suit, action or litigation is brought in an inconvenient forum; and/or the venue is otherwise improper. P. No Waiver of Sovereign Immunity. OOG is immune from suit and from liability. No part of this Agreement, nor the conduct or statement any person, will be construed as a waiver of the doctrines of sovereign immunity and official immunity,or of any of the privileges,rights,defenses, remedies, or immunities available to the OOG, and/or the State of Texas, and their officers, employees, or agents as provided by law. SECTION 16. TERMINATION. A. Convenience. The OOG may, at its sole discretion, terminate this Grant Agreement without recourse, liability, or penalty, against the OOG, upon thirty (30) calendar days' notice to the Grantee. B. Cause/Default. In the event that Grantee fails to provide the agreed upon services according to the provisions of this Agreement, or fails to comply with any of the terms or conditions of this Agreement,the OOG may,upon written notice of default to Grantee, immediately terminate all or any part of this Agreement. Termination is not an exclusive remedy,but will be in addition to any other rights and remedies provided in equity,by law, or under this Agreement. C. Rights upon Termination or Expiration. In the event that the Agreement is terminated for any reason, or upon its expiration, the OOG shall be obligated to pay Grantee only for actual allowable costs incurred up to the effective date of termination. Termination is not an exclusive Page 14 of 27 remedy, but will be in addition to any other rights and remedies as provided in equity, by law or under the Agreement. OOG will not be liable to Grantee or to Grantee's creditors for any costs incurred subsequent to receipt of a Notice to Terminate or any unacceptable or disallowed costs as determined by OOG. D. Notwithstanding any exercise by OOG of its right of early termination pursuant to this section, Grantee shall not be relieved of any liability to OOG for damages due to OOG by virtue of any breach of this Agreement by Grantee. OOG may withhold payments to Grantee until such time as the exact amount of damages due to OOG from Grantee is agreed upon or is otherwise determined. E. In the event Grantee fails to comply with any provision as specified in this Agreement, the Grantee may be liable for damages under this Agreement and barred from applying for or receiving additional funding under the DEAAG program until repayment is made and any other compliance or audit findings are resolved and/or any issue of non-compliance is cured to the satisfaction of OOG pursuant to this section. F. Grantee shall refund to OOG any sum of money paid to Grantee by OOG, which OOG determines is an overpayment to Grantee, or in the event OOG determines funds spent by Grantee were not an allowable cost of this Project. No refund payment(s) may be made from local, state, or federal grant funds unless statute or regulation specifically permits repayment with grant funds. Such refund shall be made by Grantee to OOG within thirty (30) calendar days after such refund is requested in writing by OOG, or within thirty (30) calendar days of a notice from OOG indicating the request is the result of a final determination that the refund is owed. SECTION 17. AVAILABILITY OF FUNDS. This Agreement is subject to the availability and receipt of funds appropriated by the Texas Legislature that the OOG has allocated to this Agreement. If funds for this Agreement become unavailable during any budget period, the OOG may terminate this Agreement, without penalty, or reduce the amount of this Agreement at the discretion of the OOG. Grantee will have no right of action against the OOG if the OOG cannot perform its obligations under this Agreement as a result of lack of legislative appropriations in amounts sufficient to fund any activities or functions contained within the scope of this Agreement. SECTION 18. MONITORING. OOG or its designee may perform periodic on-site monitoring of Grantee's compliance with the terms and conditions of this Agreement and of the adequacy and timeliness of Grantee's performance. After each monitoring visit, OOG will provide Grantee with a written report of the monitor's findings. If the monitoring report notes deficiencies in Grantee's performances under the terms of this Agreement,the monitoring report shall include requirements for the timely correction of such deficiencies by Grantee. Failure by Grantee to take action specified in the monitoring report may be cause for termination of this Agreement in accordance with Section 16 of this Agreement. SECTION 19. CONFLICT OF INTEREST A. Grantee shall ensure that no employee, officer, or agent of Grantee shall participate in the selection, award, or administration of a subcontract supported by funds provided hereunder if a Page 15 of 27 conflict of interest, real or apparent, would be involved. Such conflict of interest would arise when: (1)the employee, officer, or agent; (2) any member of his or her immediate family; (3) his or her partner; or, (4) any organization which employs, or is about to employ any of the above,has a financial or other interest in the firm or person selected to perform the subcontract. Grantee shall comply with Texas Local Government Code, Chapter 171. B. No employee, agent, consultant, officer, or elected or appointed official, of either Grantee or of a subcontractor, who exercises or has exercised any functions or responsibilities or is in a position to participate in decision-making or gain inside information in regard to the activities involved in the Project, shall be permitted to have or obtain a financial interest in or benefit from the Project or any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties. SECTION 20. LITIGATION AND CLAIMS A. Grantee shall give OOG immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Grantee arising out the performance of this Agreement. Except as otherwise directed by OOG, Grantee shall immediately furnish to OOG copies of all pertinent papers received by Grantee with respect to such action or claim. Grantee shall notify OOG immediately of any legal action filed against the Grantee or any subcontractor, or of any proceeding filed under the federal bankruptcy code. Grantee shall submit a copy of such notice to OOG within thirty (30) calendar days after receipt. No funds provided under this Agreement may be used in the payment of any costs incurred as the result of any claims, judgments, fines, or settlements. B. OOG and Grantee acknowledge that they are governmental units of the State of Texas and are subject to, and shall comply with, the applicable provisions of the Texas Tort Claims Act, as set out in the Texas Civil Practice and Remedies Code, Section 101.001 et. seq. C. Grantee acknowledges that OOG, the State of Texas, and their employees shall not be held liable for any claims or causes of action whatsoever which may occur in the course of performing the services described in this Agreement, or from the award, cancellation, or withdrawal of this Grant. SECTION 21. NOTICE OF MATERIAL EVENTS. Grantee shall furnish to OOG prompt written notice upon becoming aware or having knowledge of the occurrence of any event or development that has, or would reasonably be expected to have, a material adverse effect on the completion of the Project as described under this Agreement. Under no circumstances shall notice under this section occur more than fifteen (15) calendar days following Grantee receiving knowledge of such event or development. SECTION 22. FORCE MAJEURE. Neither party shall be required to perform any obligation under this Agreement or be liable or responsible for any loss or damage resulting from its failure to perform so long as performance is delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages, embargo, riot, war, revolution, terrorism,rebellion, insurrection, flood, natural disaster, or interruption of utilities from external causes. Page 16 of 27 SECTION 23. DISPUTE RESOLUTION A. Informal Meetings. The parties'representatives shall meet as needed to implement the terms of this Agreement and shall make a good faith attempt to informally resolve any disputes. B. Grantee's Continued Performance. Grantee shall not be excused from performance during any pending dispute, unless approved in writing by the OOG. SECTION 24. CHANGES AND AMENDMENTS. A. Any alterations, additions, or deletions to the terms of this Agreement shall be by a written amendment executed by both parties. B. During the term of this Agreement, OOG may issue policy directives to establish, interpret, or clarify requirements under this Agreement. Policy directives from OOG shall be binding upon Grantee. SECTION 25. SEVERABILITY. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal,or unenforceable in any respect,such invalidity, illegality,or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. SECTION 26. ENTIRE AGREEMENT. This Agreement is intended as a full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations, terms and conditions, both oral and written, are superseded and replaced by this Agreement. SECTION 27. CONSTRUCTION. The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning. The parties acknowledge that each party and its counsel have reviewed this Agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting parry shall not be employed in the interpretation of this Agreement. Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the Agreement. SECTION 28. HEADINGS. The headings of the sections and subsections of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof. SECTION 29. SURVIVAL OF CERTAIN PROVISIONS. Notwithstanding any expiration, termination or cancellation of this Agreement, the rights and obligations pertaining to repayment of Grant funds and/or damages, limitation of liability, indemnification, public information, reporting requirements,retention and accessibility of records, audit rights,rights upon termination, and any other provision implying survivability shall remain in effect after this Agreement ends. Page 17 of 27 SECTION 30. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. IN TESTIMONY HEREOF, Grantee and OOG have executed this Defense Economic Adjustment Assistance Agreement in duplicate originals, effective as of the last date contained on the signature lines below. OFFICE OF THE GOVERNOR CITY OF CORPUS CHRISTI Chief of Staff or Designee Margie Rose Date Date Page 18 of 27 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND CITY OF CORPUS CHRISTI TMPC 1801-01-05 EXHIBIT A $2,734,700.00 TWO MILLION, SEVEN HUNDRED THIRTY-FOUR THOUSAND, SEVEN HUNDRED AND 00/100 AMOUNT (DOLLARS). Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for actual and allowable allocable costs paid according to the following amounts and budget categories: Budget Category Infrastructure—Purchase of property $0 Infrastructure -Professional & Consultant Services $354,650 Infrastructure—New Construction $2,075,000 Infrastructure - Rehabilitation and Renovation $0 Infrastructure—Capital Equipment' $180,000 Infrastructure—Capital Supplies3 $0 Infrastructure—Facilities Insurance $0 Training Equipment' $0 Training Supplies3 $0 Inspection and construction oversight(partial) $125,050 Total $2,734,700 'Per UGMS, "Equipment"means an article of nonexpendable,tangible personal property having a useful life of more than one year and a per unit acquisition cost of$5,000 or more. 2 Id. Per UGMS,items of equipment with a per unit acquisition cost of less than$5,000 are considered to be supplies. Page 19 of 27 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND CITY OF CORPUS CHRISTI EXHIBIT B GRANT NARRATIVE UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET MODIFICATIONS,the following narrative provided by Grantee in its DATED grant application applies to this Agreement: Naval Air Station Corpus Christi Water Infrastructure Project Construct and connect a new water pipeline on the north perimeter of the base to strategically ensure resilient and redundant supply of water to Naval Air Station Corpus Christi's 41 tenant commands and the 506 facilities that are critical to the base's mission. Were NASCC to suffer a casualty to single point of delivery 16-inch diameter line (which is significantly corroded and destined to fail),the entire operation on the base, would have to cease operations within 96 hours due to the lack of water quality. Page 20 of 27 EXHIBIT C UNIFORM STATE GRANT ASSURANCES The Grantee must assure and certify compliance with any and all applicable federal and state statutes, regulations,policies,guidelines and requirements, including, but not limited to, the Uniform Grant Management Standards(UGMS);and Title 1,Part 1, Chapter 4 of the Texas Administrative Code, that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a Grantee, the more restrictive requirement applies. By accepting the grant award,the Grantee certifies and assures that it complies and will continue to comply with the following: 1. Grantee possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative,or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 2. A grantee must comply with Texas Government Code, Chapter 573,Vernon's 1994,by ensuring that no officer, employee,or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years,or such other period stipulated by local law,prior to the election or appointment of the officer, employee,or governing body member related to such person in the prohibited degree. 3. A grantee must insure that all information collected,assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,Chapter 552,Vernon's 1994,unless otherwise expressly prohibited by law. 4. A grantee must comply with Texas Government Code, Chapter 551,Vernon's 1994,which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 5. A grantee must comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is in arrears on child support payments. 6. No health and human services agency or public safety or law enforcement agency may contract with or issue a license,certificate or permit to the owner,operator or administrator of a facility if the license,permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 7. A grantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. 8. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local grantees shall maintain an appropriate contract administration system to insure that all terms,conditions. and specifications are met. 9. A grantee must comply with the Texas Family Code, Section 26 1.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantees shall also ensure that all program personnel are properly trained and aware of this requirement. lo. Grantees will comply with all federal statutes relating to nondiscrimination.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive Page 21 of 27 Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616),as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,relating to nondiscrimination in the sale,rental or financing of housing;(i)any other nondiscrimination provisions in the specific statutes) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s)which may apply to the application. 11. Grantees will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. § §276a to 276a-7), the Copeland Act(40 U.S.C. § §276c and 18 U.S.C. § § 874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. § §327-333),regarding labor standards for federally assisted construction subagreements. 12. Grantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 13. Grantees will comply with the provisions of the Hatch Political Activity Act(5 U.S.C. § 7321-29)which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 14. Grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970,as applicable. 15. Grantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). 16. Grantees will comply with the flood insurance purchase requirements of 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234. Section 102 (a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 17. Grantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.); (f)conformity of federal actions to State (Clear Air)Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended(42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L.93-523); and(h)protection of endangered species under the Endangered Species Act of 1973,as amended,(P.L.93-205). 18. Grantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 19. Grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 20. Grantees will comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544,as amended,7 U.S.C.2131 et seq.)pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 21. Grantees will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 22. Grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann., Sec. 85.001,et seq. 23. Grantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 24. Grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. Page 22 of 27 25. Grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 26. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. Page 23 of 27 EXHIBIT D QUARTERLY PROJECT STATUS REPORT Naval Air Station Corpus Christi Water Infrastructure Project TMPC 1801-01-05 Expenditures for Quarter Ending (DATE) Expenditures Description Percentage of Project Completed: Summary of Expenditures to Date: Quarter Ending Expenditures Brief Narrative Explaining Expenditures: Project Status: Grantee's Duly Authorized Representative: Date: Page 24 of 27 EXHIBIT E PROJECT COMPLETION REPORT Naval Air Station Corpus Christi Water Infrastructure Project TMPC 1801-01-05 Locality: Corpus Christi, TX DEAAG Grant Number: 1801-01-05 Percent Completed: The GRANTEE has successfully completed, and in a satisfactory manner, the PROJECT. The purpose of the grant was to GRANT PURPOSE. The total cost for the project is as follows: •Project Total $ •Total $ The following is a brief project scope summary: This is to certify that an inspection of 100% of the completed project described below was conducted on the day of , 20 . Contracts were entered into for PROJECT between the GRANTEE and the following subcontractors: [SUBCONTRACTORS.] This is to further certify that any and all Equipment included as part of the grant budget has been purchased with the specified grant purpose, timeline, budget, and all addenda, change orders, and supplemental agreements thereto. NAME OF GRANTEE: Signature of Grantee's Duly Authorized Representative Print Name Title Date Page 25 of 27 Exhibit F DEAAG PROJECT IMPACT REPORT Project Name: Naval Air Station Corpus Christi Water Infrastructure Project DEAAG Grant Number: 1801-01-05 Grantee Name: City of Corpus Christi Address: P.O. Box 9277, Corpus Christi, TX 78469-9277 Telephone: Fax: Contact Person: Email: Time Period Covered by Report: March 20, 2018 to August 31, 2019 Project Performance Measures: • Create,retain, or train Jobs by the completion of the project • Project Description: • Project Address: Jobs Created Active Full Time Time Period Jobs Created,Retained or Students Trained 03/20/18 to 08/31/19 Total Page 26 of 27 Breakdown of Jobs Created Job Type Jobs Created or Retained Total Jobs Created This Reporting Period to Date Direct Permanent Jobs Indirect Permanent Jobs Individuals Trained Total Businesses assisted or created this period: 0 Businesses assisted or created to date: 0 Project Financial Impact • Narrative summary of Impact: • Update on current Project Status (include curriculum updates): THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF THE GRANTEE. FOR THE GRANTEE: Signature Print Name Title Date Page 27 of 27 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND THE CITY OF CORPUS CHRISTI, TEXAS TMPC 1801-01-05 EXHIBIT A $2,734,700.00 TWO MILLION, SEVEN HUNDRED THIRTY-FOUR THOUSAND, SEVEN HUNDRED AND 00/100 . Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for actual and allowable allocable costs paid according to the following amounts and budget categories: Budget Category Infrastructure—Purchase of property $0 Infrastructure -Professional & Consultant Services $354,650 Infrastructure—New Construction $842,500 Infrastructure - Rehabilitation and Renovation $0 Infrastructure—Capital Equipment' $1,412,500 Infrastructure—Capital Supplies3 $0 Infrastructure—Facilities Insurance $0 Training Equipment' $0 Training Supplies3 $0 Total $2,734,700.00 'Per UGMS, "Equipment"means an article of nonexpendable,tangible personal property having a useful life of more than one year and a per unit acquisition cost of$5,000 or more. 2 Id. Per UGMS,items of equipment with a per unit acquisition cost of less than$5,000 are considered to be supplies. Page 1 of 9 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND THE CITY OF CORPUS CHRISTI, TEXAS TMPC 1801-01-05 EXHIBIT B GRANT NARRATIVE UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET MODIFICATIONS,the following narrative provided by Grantee in its DATED grant application applies to this Agreement: Construct and connect a new water pipeline on the north perimeter of the base to strategically ensure resilient and redundant supply of water to Naval Air Station Corpus Christi's 41 tenant commands and the 506 facilities that are critical to the base's mission. Were NASCC to suffer a casualty to single point of delivery 16-inch diameter line (which is significantly corroded and destined to fail),the entire operation on the base, would have to cease operations within 96 hours due to the lack of water quality. Page 2 of 9 EXHIBIT C UNIFORM STATE GRANT ASSURANCES The Grantee must assure and certify compliance with any and all applicable federal and state statutes, regulations,policies,guidelines and requirements, including, but not limited to, the Uniform Grant Management Standards(UGMS);and Title 1,Part 1, Chapter 4 of the Texas Administrative Code, that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a Grantee, the more restrictive requirement applies. By accepting the grant award,the Grantee certifies and assures that it complies and will continue to comply with the following: 1. Grantee possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative,or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 2. A grantee must comply with Texas Government Code, Chapter 573,Vernon's 1994,by ensuring that no officer, employee,or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years,or such other period stipulated by local law,prior to the election or appointment of the officer, employee,or governing body member related to such person in the prohibited degree. 3. A grantee must insure that all information collected,assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,Chapter 552,Vernon's 1994,unless otherwise expressly prohibited by law. 4. A grantee must comply with Texas Government Code, Chapter 551,Vernon's 1994,which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 5. A grantee must comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is in arrears on child support payments. 6. No health and human services agency or public safety or law enforcement agency may contract with or issue a license,certificate or permit to the owner,operator or administrator of a facility if the license,permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 7. A grantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. 8. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local grantees shall maintain an appropriate contract administration system to insure that all terms,conditions. and specifications are met. 9. A grantee must comply with the Texas Family Code, Section 26 1.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantees shall also ensure that all program personnel are properly trained and aware of this requirement. lo. Grantees will comply with all federal statutes relating to nondiscrimination.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive Page 3 of 9 Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616),as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,relating to nondiscrimination in the sale,rental or financing of housing;(i)any other nondiscrimination provisions in the specific statutes) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s)which may apply to the application. 11. Grantees will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. § §276a to 276a-7), the Copeland Act(40 U.S.C. § §276c and 18 U.S.C. § § 874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. § §327-333),regarding labor standards for federally assisted construction subagreements. 12. Grantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 13. Grantees will comply with the provisions of the Hatch Political Activity Act(5 U.S.C. § 7321-29)which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 14. Grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970,as applicable. 15. Grantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). 16. Grantees will comply with the flood insurance purchase requirements of 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234. Section 102 (a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 17. Grantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.); (f)conformity of federal actions to State (Clear Air)Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended(42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L.93-523); and(h)protection of endangered species under the Endangered Species Act of 1973,as amended,(P.L.93-205). 18. Grantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 19. Grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 20. Grantees will comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544,as amended,7 U.S.C.2131 et seq.)pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 21. Grantees will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 22. Grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann., Sec. 85.001,et seq. 23. Grantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 24. Grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. Page 4 of 9 25. Grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 26. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. Page 5 of 9 EXHIBIT D QUARTERLY PROJECT STATUS REPORT Naval Air Station Corpus Christi Water Infrastructure Project TMPC 1801-01-05 Expenditures for Quarter Ending (DATE) Expenditures Description Percentage of Project Completed: Summary of Expenditures to Date: Quarter Ending Expenditures Brief Narrative Explaining Expenditures: Project Status: Grantee's Duly Authorized Representative: Date: Page 6 of 9 EXHIBIT E PROJECT COMPLETION REPORT Naval Air Station Corpus Christi Water Infrastructure Project TMPC 1801-01-05 Locality: Corpus Christi, TX DEAAG Grant Number: 1801-01-05 Percent Completed: The GRANTEE has successfully completed, and in a satisfactory manner, the PROJECT. The purpose of the grant was to GRANT PURPOSE. The total cost for the project is as follows: •Project Total $ •Total $ The following is a brief project scope summary: This is to certify that an inspection of 100% of the completed project described below was conducted on the day of , 20 . Contracts were entered into for PROJECT between the GRANTEE and the following subcontractors: [SUBCONTRACTORS.] This is to further certify that any and all Equipment included as part of the grant budget has been purchased with the specified grant purpose, timeline, budget, and all addenda, change orders, and supplemental agreements thereto. NAME OF GRANTEE: City of Corpus Christi, Texas Signature of Grantee's Duly Authorized Representative Print Name Title Date Page 7 of 9 Exhibit F DEAAG PROJECT IMPACT REPORT Project Name: Naval Air Station Corpus Christi Water Infrastructure Project DEAAG Grant Number:1801-01-05 Grantee Name: City of Corpus Christi, TX Address:1201 Leopard Street, Corpus Christi, TX 78401 Telephone: Fax: Contact Person: Email: Time Period Covered by Report: to Project Performance Measures: • Create,retain, or train Jobs by the completion of the project • Project Description: • Project Address: Jobs Created: Zero (0) Active Full Time Time Period Jobs Created,Retained or Students Trained EX. 01/12—03/12 Total Page 8 of 9 Breakdown of Jobs Created Job Type Jobs Created or Retained Total Jobs Created This Reporting Period to Date Direct Permanent Jobs 0 Indirect Permanent Jobs 0 Individuals Trained 0 Total 0 Businesses assisted or created this period: 0 Businesses assisted or created to date: 0 Project Financial Impact • Narrative summary of Impact: • Update on current Project Status (include curriculum updates): THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF THE GRANTEE. FOR THE GRANTEE: Signature Print Name Title Date Page 9 of 9 E 0 W H GOVERNOR GREG ABBOTT TEXAS MILITARY PREPAREDNESS COMMISSION December 15, 2017 Margie Rose P.O. Box 9277 Corpus Christi,TX 78469 Dear Mrs. Rose: The Texas Military Preparedness Commission(TMPC) is pleased to announce that the City of Corpus Christi has been awarded a Defense Economic Adjustment Assistance Grant (DEAAG) of $3,281,314.00 to repair damage and enhance the security at Corpus Christi Army Depot. Governor Abbott and the State of Texas place a high value on the military installations in Texas and the defense communities that support these bases. This is one of two projects for the City of Corpus Christi during this funding round and both were well received. We look forward to watching this project develop and continue to support Corpus Christi Army Depot as an instrumental part of the military community in Texas. Please reply to this award letter with a letter accepting or denying the grant award. If accepting, the TMPC staff will begin working with the point of contact designee and/or grant administrator in the application so we may begin processing the grant award. Best Regards, B.Keith Graf Executive Director Texas Military Preparedness Commission POST OFFICE Box 12428 AUSTIN,TEXAS 78711512463-2000(VOICE)DIAL 7-1-1 FOR RELAY SERVICES AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT BETWEEN THE OFFICE OF THE GOVERNOR, TEXAS MILITARY PREPAREDNESS COMMISSION AND CITY OF CORPUS CHRISTI STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT is between the Office of the Governor, Texas Military Preparedness Commission, P.O. Box 12428, Austin, Texas 78711 ("OOG" or "Grantor"), and City of Corpus Christi ("Grantee"). OOG and Grantee are referred to collectively as the "parties." The parties hereto have severally and collectively agreed and by the execution of this Agreement are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 1. PURPOSE. This Grant is awarded pursuant to Texas Government Code, Chapter 436, which authorizes OOG to administer the Defense Economic Adjustment Assistance Grant ("DEAAG") program. The DEAAG program provides state funds to defense communities that have been or may be affected by a base realignment and closure action for the purposes of purchasing property, sharing the costs of infrastructure or redevelopment projects, and the purchase or lease of equipment, including equipment for the training of defense workers. SECTION 2. TERM OF AGREEMENT. This Agreement will commence March 20,2018 and will terminate on August 31,2019, or upon the completion of the Grant Project as described herein, whichever occurs first, unless terminated earlier pursuant to Section 16 of this Agreement. SECTION 3. PROJECT REQUIREMENTS. Consistent with Section 436.203 of the Texas Government Code, grant proceeds may be used for the purchase of property, new construction, rehabilitation or renovation of facilities or infrastructure, or purchase of capital equipment or facilities insurance, and if applicable, to purchase or lease equipment to train certain workers. Subject to the requirements of applicable law and this Agreement, Grantee may use grant proceeds as cost reimbursement for certain actual,reasonable, and allowable costs that are directly allocable to the Project in accordance with the Grant Project, as further described in Exhibit A (Grant Budget), Exhibit B (Grant Narrative), and the Grantee's DEAAG Grant Application. SECTION 4. OOG OBLIGATIONS. A. The OOG shall reimburse the Grantee for the actual and allowable allocable costs incurred by Grantee during the term of this Agreement, subject to the requirements and limitations set forth herein. Page 1 of 27 B. OOG shall not be liable to Grantee for any costs incurred by Grantee that are not strictly in accordance with the terms of this Agreement. SECTION 5. MAXIMUM AMOUNT OF GRANT. Notwithstanding any other provision of this Agreement, the total of all grant reimbursement payments and other obligations incurred by OOG under the terms of this Agreement shall not exceed THREE MILLION,TWO HUNDRED EIGHTY-ONE THOUSAND, THREE HUNDRED FOURTEEN AND 00/100 ($3,281,314.00)DOLLARS. The parties stipulate and agree that any act, action or representation by either party, their agents or employees that purport to increase the liability of the OOG is voidable by the OOG, unless this Agreement is amended. SECTION 6. GENERAL REQUIREMENTS APPLICABLE TO THE GRANT. A. Grant funds may be used only for the actual, reasonable, and allowable costs incurred during the term of this Agreement and that are directly allocable to the Project. Grant funds may not be used for the payment of taxes, overtime, overhead, debt repayment, indirect expenses, or administrative expenses. B. All grant funds will be disbursed on a cost reimbursement basis only. Only costs that have been incurred and paid by the Grantee are eligible for reimbursement. Grant funds are not eligible for use to provide an advance payment to a Grantee or subgrantee. C. In no case shall the payments made to a Grantee exceed the actual, reasonable, and allowable costs that are directly allocable to the Project costs as identified in the Grant Budget, or the Maximum Amount of Grant as set forth in Section 5 of this Agreement. D. Pre-award costs incurred prior to the effective date of the Agreement may be allowable only with the written approval of the OOG and only to the extent that they would have been allowable if they had been incurred after the date of the award. E. All costs must be allowable in accordance with the purposes authorized by Texas Government Code, Chapter 436, the DEAAG Administrative Rules (Title I, Texas Administrative Code, Chapter 4, Subchapter B), this Agreement, the Grant Budget, and other applicable law. F. The grants are subject to the requirements of applicable state law, regulations, and policies, including, but not limited to, Texas Government Code Chapter 783,the administrative rules of the Texas Comptroller of Public Accounts at Title 34, Chapter 20, Subchapter I of the Texas Administrative Code, and the State Uniform Grant Management Standards (UGMS). The UGMS is available for download at: https:Hcomptroller.texas._ gov/purchasing/grant-mana_eg ment/. The 2004 version of the UGMS is the current version as of the date of this Agreement, however the UGMS may be updated by the Comptroller of Public Accounts from time-to-time. G. Grantees agree to comply with the Uniform State Grant Assurances as set forth in Exhibit C. SECTION 7. CONDITIONS PRECEDENT TO REIMBURSEMENT. Grant funds shall be disbursed on a cost reimbursement basis, subject to the terms of this Agreement. All of the Page 2 of 27 following conditions precedent must be met to the satisfaction of OOG prior to any reimbursement payments: A. All costs incurred by Grantee for which Grantee seeks reimbursement must be for the actual, reasonable, and allowable costs that are directly allocable to the Project costs described in the Grant Budget. B. OOG must have received from Grantee a Request for Reimbursement specifying the amount of the Grant being requested, along with invoices showing all such costs. No requests for the reimbursement of expenditures incurred by the Grantee after August 31, 2019 will be considered by OOG. The total amount already disbursed plus the amount requested shall not exceed the maximum amount of the Grant set forth in Section 5 of this Agreement. C. Grantee must be in compliance with all terms of this Agreement. D. Grantee must have supplied to the OOG all reports or other items that OOG requires or has requested. SECTION 8. STRUCTURE FOR REIMBURSEMENT PAYMENTS. A. Reimbursement Request. The OOG will make a reimbursement payment to the Grantee only in response to an approved Request for Reimbursement from the Grantee for the payment of actual, reasonable, and allowable costs that are directly allocable to the Project. The Grantee's reimbursement request will be submitted to the OOG in the form and manner as approved by the OOG and will specify the detailed and total expenses for the reimbursement request. All requests for the reimbursement of allowable costs will be submitted to the OOG in accordance with the schedule as set forth in Section 8.C. All reimbursement requests and payment inquiries shall be submitted directly to: Office of the Governor Texas Military Preparedness Commission Attn: Alexandra Taylor P.O. Box 12428 Austin, Texas 78711 alexandra.taylorLgov.texas.gov B. Required Documentation. Each Request for Reimbursement presented must include: (1) identification of the specific OOG Agreement; (2)the Grantee's federal tax identification number; (3) the name and division of the OOG contact; (4) description of the services/costs/expenses and the dollar amount attributable to each; (5) the name of the entity or person providing the service and the cost(s) charged by such entity or person; and (6) an itemization of charges with sufficient detail to permit the OOG to determine if the costs are allowable. Requests for Reimbursement must include documentation of proof of payment as evidence of actual expenditures. Acceptable proof of payment includes, but is not necessarily limited to, a Page 3 of 27 receipt or other documentation of a paid invoice, a general ledger detailing the specific revenue and expenditures, a monthly bank statement evidencing payment of the specific expenditure, a check register or transaction register, bank reconciliation detail, copies of voided checks, or a printed copy of an electronic payment confirmation evidencing payment of the specific expenditure(s)to which the reimbursement relates. Each item of expenditure shall be specifically attributed to the eligible project cost category as identified in the Grant Budget. By submission of a reimbursement request, Grantee is warranting the following: (1) all invoices have been carefully reviewed to ensure that all invoiced services or goods have been performed or delivered; (2) that the services or goods have been performed or delivered in compliance with all terms of this Agreement; (3)that the amount of each new invoice added together with all previous invoices does not exceed the Maximum Amount of Grant as stated in Section 5 of this Agreement; and (4) the charges and expenses shown on the invoice are reasonable, necessary, and that all supporting documentation is attached. C. Timing of Submission of Request for Reimbursement to the OOG; Close-Out Invoice. Grantee is responsible for submitting bills in an accurate and timely manner, and shall make every reasonable effort to submit quarterly billings to the OOG, which cover the previous quarter's expenses, so that they are received by the OOG on or before the twentieth(20th) day after the end of each quarter, or if the 20th falls on a weekend or holiday, the next business day. Quarterly reimbursement requests are due: (1)First quarter—December 20; (2) Second Quarter—March 20; (3) Third Quarter—June 20; (4) Fourth Quarter—September 20. The OOG will make all reasonable efforts to promptly process and make payments on properly completed billings. Grantee may submit a final invoice not later than the earlier of(1) forty-five (45) calendar days after termination of this Agreement; or (2) forty-five (45) calendar days after the end of each state fiscal year. D. Final Deadline for Reimbursement Requests. All requests for reimbursement must be received by the OOG no later than October 15, 2019 (i.e., forty-five (45) calendar days after termination of this Agreement). An Agreement amendment must be executed by the OOG and the Grantee in order to extend this deadline. Any extension of the deadline is within the sole discretion of the OOG and subject to the availability of appropriated funds. E. Disclosure of Reimbursement Information under the Public Information Act. All reimbursement documentation submitted to the Office of the Governor (OOG) is subject to disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code ("the Act"), whether created or produced by the Grantee or by any third-party. If it is necessary for the Grantee to include proprietary or otherwise confidential information in the documents submitted, that particular information should be clearly identified as such. Merely making a blanket claim that the all documents are protected from disclosure because they may contain some proprietary or confidential information is not acceptable, and will not render the whole of the information confidential. Any information, which is not clearly identified as proprietary or confidential is subject to release in accordance with the Act. Page 4 of 27 F. Right to Request Additional Documentation. Upon the request of the OOG, the Grantee must submit to the OOG any additional documentation or explanation the OOG may require to support or document any requested payment under the Agreement. G. Allowable Costs. The OOG shall reimburse the Grantee only for actual, reasonable, and allowable costs that are directly allocable to the Project as determined by the OOG in accordance with the Texas Government Code, Chapter 436, the DEAAG Administrative Rules (Title I, Texas Administrative Code, Chapter 4, Subchapter B), this Agreement, the Grant Budget, and in conformity with the UGMS. SECTION 9. BUDGET ADJUSTMENT. Prior written approval from the OOG is required if Grantee anticipates altering the scope of the grant, adding funds to previously un-awarded budget items or categories, changing funds in any awarded budget items or category by more than 10% of the annual budget, and/or adding new line items to any awarded budget category. SECTION 10. PURCHASE OF EQUIPMENT; MAINTENANCE AND REPAIR; TITLE UPON TERMINATION. Grantee shall not give any security interest,lien or otherwise encumber any item of equipment purchased with grant funds. Grantee shall identify all equipment purchased under this Agreement by appropriate tags or labels affixed to the equipment. Grantee shall maintain a current inventory of all equipment, which shall be available to the OOG at all times upon request, however, as between the OOG and Grantee title for equipment will remain with Grantee. Grantee will maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Agreement, Grantee shall use the proceeds to repair or replace said equipment. Upon termination of this Agreement, title, use, and disposal of equipment shall be in conformity with the UGMS. SECTION 11. REPORTING REQUIREMENTS. A. Until Grantee has submitted a Project Completion Report to OOG, Grantee shall submit a Quarterly Project Status Report to OOG,using the form attached hereto as Exhibit D,no later than twenty (20) calendar days after the end of each calendar quarter summarizing grant expenditures and detailing the progress on grant requirements. B. After Grantee has completed the Grant Project as set forth in this Agreement, but in no case more than one hundred twenty (120) calendar days after termination of this Agreement, Grantee shall submit to OOG a Project Completion Report, using the form attached hereto as Exhibit E, describing all activities performed under this Agreement. Grantee shall provide to OOG a Certification of Delivery, certifying that Grantee has received delivery of all equipment purchased pursuant to this Agreement. C. No later than sixty (60) calendar days after the date on which Grantee submits its Project Completion Report to OOG, Grantee shall provide to OOG a DEAAG Project Impact Report, using the form attached hereto as Exhibit F. A DEAAG Project Impact Report must contain information concerning jobs generated and retained, and individuals trained as a result of the Project. For purposes of this Agreement, job creation, retention, and training rates may be Page 5 of 27 evidenced by satisfactory documentation, such as copies of payroll documents, human resource documents, or training enrollment records. D. Grantee shall provide to OOG additional information regarding the status of the Project at any time upon request from OOG. E. Grantee shall cooperate with OOG and provide all requested assistance to OOG in connection with the preparation of any reports required from time to time to be made by OOG to the Texas Legislature or any relevant governmental entity regarding Grantee, the Grant, the Project, or the Grant Application. F. All reports provided to OOG must be signed by the duly authorized representative of Grantee. G. Failure to Provide Required Reports and Other Documentation. If after a written request by the OOG,Grantee fails to provide required reports,information, documentation or other information as required by this Agreement,then the OOG may require corrective action or consider this act a possible default under this Agreement. SECTION 12. CORRECTIVE ACTION. A. Failure to Progress with Grant Project. If after written notice by the OOG to the Grantee, Grantee fails to make progress on the grant project,then the OOG may consider this act a possible default under this Agreement. B. Notice of Possible Default. The parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OOG or Grantee. The OOG, in its sole discretion, will determine whether Grantee has acted or failed to act in such a manner that gives rise to an act of possible default under this Agreement. The OOG shall give written notice to Grantee setting out the circumstances that support the OOG's determination of possible default. C. Opportunity to Cure. The OOG will give the Grantee at least thirty (30) calendar days to cure the possible default and to provide the OOG sufficient information that supports a finding of cure by the OOG. D. Cure. If the OOG is satisfied that the Grantee has cured the possible default event, the OOG shall give written notice to the Grantee. The OOG will be guided by good faith and reasonableness in determining, in the sole discretion of the OOG, whether the Grantee has cured the possible default. E. Default. If the OOG is not satisfied that the Grantee has cured the possible default, the Grantee shall be in default hereunder, and the OOG shall give written notice to the Grantee declaring such default. Any default may result in termination of this Agreement in accordance with Section 16. F. Corrective Action Plans. If the OOG finds deficiencies in Grantee's performance under this Agreement, the OOG, at its sole discretion, may impose one or more of the following remedies as Page 6 of 27 part of a corrective action plan: increase monitoring visits;require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices;reduce the grant award amount; and/or terminate this Agreement. The foregoing are not exclusive remedies, and the OOG may impose other requirements that the OOG determines will be in the best interest of the State. G. Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information may result in the OOG, at its sole discretion, placing Grantee on immediate financial hold without further notice to Grantee and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If Grantee is placed on financial hold, the OOG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time Grantee was placed on financial hold. H. Sanctions. In addition to financial hold,the OOG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OOG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, requiring return or offset of previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminating this Agreement and/or any other appropriate sanction. L No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, Grantee remains responsible for complying with the Agreement terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this Agreement. SECTION 13. NOTICES. Any notice required or permitted to be given under this Agreement by the either parry shall be in writing and shall be deemed to have been given immediately if delivered by e-mail, or in person as set forth in this section. Any notice required or permitted to be given under this Agreement may be given by regular first class mail and/or email and shall be deemed to have been given on the date of attempted or actual delivery to the recipient if addressed to the receiving party at the address specified in this section: Office of the Governor City of Corpus Christi Texas Military Preparedness Commission Margie Rose Attn: Alexandra Taylor P.O. Box 9277 P.O. Box 12428 Corpus Christi, TX 78469 Austin, Texas 78711 Email: margier@cctexas.com Email: alexandra.taylor(?gov.texas.gov SECTION 14. GRANTEE CERTIFICATIONS. By executing this Agreement, Grantee hereby makes the following certifications and warranties: A. Delinquent Child Support Obligations. Under Texas Family Code, Section 231.006(d), regarding child support, Grantee certifies that the individual or business entity named in this Page 7 of 27 Agreement is not ineligible to receive the specified payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. B. Prohibited Bids and Agreements. Under Section 2155.004 of the Texas Government Code (relating to prohibited bids and agreements), Grantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. C. Gift to Public Servant. Grantee warrants that it has not given, nor does it intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,trip, favor, or service to a public servant in connection with the award of this Agreement. D. Former Executive Head and Employees of the Agency. Grantee certifies that this Agreement is compliant, and will remain in compliance during the Agreement term, with the following Sections of the Texas Government Code: Section 669.003 (Contracting with Executive Head of State Agency); Section 572.069 (Prohibiting employment of state officers and employees who participated in the procurement of services); and Section 2252.901 (Contracts with Former or Retired Agency Employees). E. Conflicts of Interest. Grantee certifies that neither it nor the personnel or entities employed in rendering services under this Agreement have, nor shall they knowingly acquire, any interest that would be adverse to or conflict in any manner with the performance of Grantee's obligations under this Agreement. Grantee has a continual and ongoing obligation to immediately notify the OOG in writing, upon discovery of any actual or potential conflict. F. Corporate Franchise Tax. Grantee certifies that, if applicable, its Texas franchise tax payments are current, or that it is exempt from, or not subject to, such tax. G. No Claims. Grantee certifies that Grantee does not have any potential or existing claims against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas. H. Debt to State. Grantee acknowledges and agrees that,to the extent Grantee owes any debt or delinquent taxes to the State of Texas, any payments Grantee is owed under this Agreement may be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Grantee owes the State of Texas until the debt or delinquent taxes are paid in full. L Suspension/Debarment. Grantee certifies that Grantee and Grantee's principals are, to the best of its knowledge and belief, not on the specially-designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. Grantee certifies that it will not knowingly enter into any subcontract with an entity who is, or whose principals are, on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. Grantee will ensure that this section regarding debarment, suspension, ineligibility, and voluntary exclusion, and the specially-designated nationals list without modification in any subcontracts or solicitations for subcontracts. Page 8 of 27 J. Deceptive Trade Practices/Unfair Business Practices. Grantee represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that the Respondent has not been found to be liable for such practices in such proceedings. Grantee certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit, and that such officers have not been found to be liable for such practices in such proceedings. K. False Statements. By signature to this Agreement, Grantee makes all the representations, warranties,guarantees,certifications and affirmations included in this Agreement. If Grantee signs this Agreement with a false statement or it is subsequently determined that Grantee has violated any of the representations, warranties, guarantees, certifications or affirmations included in this Agreement, Grantee shall be in default under this Agreement and the OOG may terminate or void this Agreement for cause and pursue other remedies available to the OOG under this Agreement and applicable law. L. Felony Criminal Convictions. Grantee represents and warrants that Grantee and its employees who will perform services under this Agreement have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Grantee has fully advised the OOG as to the facts and circumstances surrounding the conviction. M. Immigration. The Grantee shall comply with the requirements of the Immigration Reform and Control Acts of 1986 and 1990 ("IRCA")regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services in the United States of America under this Grant Agreement,if any, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996("IIRIRA") enacted on September 30, 1996. N. U.S. Department of Homeland Security's E-Verify System. Grantee certifies and ensures that it utilizes and will continue to utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's E-Verify system as required by Chapter 673 of the Texas Government Code, and to determine the eligibility of: a. All persons employed to perform duties within Texas, during the term of the Grant; and b. All persons employed or assigned by Grantee to perform work pursuant to the Grant Agreement, within the United States of America; and c. If this certification is falsely made, the Agreement may be terminated. O. Certification Concerning Hurricane Relief. The OOG is prohibited from awarding an Agreement to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with an Agreement involving relief for any disaster as defined by Section 418.004 Texas Government Code occurring after September 24, 2005. Under Section 2155.006, Texas Government Code, Grantee certifies that it is not ineligible to receive the Agreement and acknowledges that the Agreement may be terminated and payment withheld if this certification inaccurate. Page 9 of 27 P. Technology Access Clause. If applicable, Grantee will comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. Likewise, if applicable,Grantee shall provide the Department of Information Resources with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" (http://www.buyaccessible.gov). A company not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the"Buy Accessible Wizard" or obtaining a copy of the VPAT is located at hl!p://www.section50LggvL/. _ggv/. Q. Buy Texas. With respect to all services, if any, purchased pursuant to this Agreement, Grantee represents and warrants that it will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and within a comparable period of time when compared to non-Texas products and materials. R. Liability for Taxes. Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from this Agreement, including, but not limited to, any federal, State, or local income, sales or excise taxes of Grantee or its employees. The OOG shall not be liable for any taxes resulting from this Agreement. S. Israel. Grantee verifies that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this agreement. SECTION 15. GENERAL TERMS AND CONDITIONS. A. Independent Contractor Grantee or Grantee's employees, representatives, agents and any subcontractors shall serve as an independent contractor in performing the services under this Agreement shall not be employees of the OOG or the State of Texas. B. Subcontracting. In the event that the Grantee should determine that it is necessary or expedient to subcontract for any of the performances herein, Grantee understands and agrees that it will be responsible to the OOG for any subcontractor's performance under this Agreement. In no event shall this section or any other provision of this Agreement be construed as relieving the Grantee of the responsibility for ensuring that performance under this Agreement, and any subcontracts thereto, is rendered in compliance with all of the terms of this Agreement. If Grantee uses a subcontractor for any or all of the work required, the following conditions will apply: (1) The Grantee, in subcontracting for any performances specified herein, expressly understands and agrees that subcontracting will be solely at Grantee's expense and the OOG shall not be liable in any manner to the Grantee's subcontractor(s); (2) Grantee will be the sole contact for the OOG; and(3)Pursuant to Chapter 2251 of the Texas Government Code,Grantee will make any payments owed to subcontractors within ten(10) calendar days of Grantee's receipt of funds from the OOG. Page 10 of 27 C. No Assignment. This Agreement is not assignable by Grantee. Notwithstanding any attempt to assign the Agreement, Grantee shall remain fully liable on this Agreement and shall not be released from performing any of the terms, covenants, and conditions herein. Grantee shall be held responsible for all funds received under this Agreement. D. Records Retention. Records shall be maintained and made available to the OOG or its authorized representatives upon request during the entire performance period of this Agreement and until three (3) years from date of final payment by the OOG for the services provided under this Agreement. In addition, those records relating to any dispute, litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken, shall be maintained and made available to the OOG or its designee until completion of such action and resolution of all issues which arise from it, or until the end of the aforementioned three (3) year period, whichever is later. Failure to provide reasonable access to authorized OOG representatives shall give OOG the right to terminate this Agreement pursuant to Section 16 of this Agreement, or any portion thereof, for reason of default. E. Right to Audit. Grantee will cooperate fully in any review conducted by the OOG or its authorized representatives related to services provided under this Agreement. The OOG has the authority to monitor, inspect, assess, and review the fiscal, contractual, or performance of the Grantee with respect to the Agreement, including all information related to any services provided under this Agreement or billed to the OOG. Grantee will remedy in a timely manner, any weaknesses, deficiencies, Agreement noncompliance, or audit exceptions found as a result of a review by the OOG or its authorized representatives. Such remedy can include a refund or offset of Agreement payments or any other appropriate actions deemed necessary by the OOG. Acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office to audit or investigate the expenditure of funds under this Agreement or any subcontract. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Grantee and the requirement to cooperate is included in any subcontract it awards. F. Texas Public Information Act. Notwithstanding any provisions of this Grant Agreement to the contrary, Grantee acknowledges that the State of Texas, OOG, and this Grant Agreement are subject to the Texas Public Information Act, Texas Government Code Chapter 552, (the "Act"). Grantee acknowledges that the OOG will comply with the Act. Grantee acknowledges that information created or exchanged in connection with this Grant Agreement is subject to the Act, and Grantee agrees that information not otherwise excepted from disclosure under the Act, will be available in a format that is accessible by the public at no additional charge to the OOG or State of Texas. Grantee will cooperate with the OOG in the production of documents or information responsive to a request for information. Information provided by or on behalf of Grantee under, pursuant to, or in connection with this Grant Agreement that Grantee considers proprietary, financial, or trade secret information (collectively "Confidential Information") shall be designated as such when it is provided to the OOG or State of Texas or any other entity in accordance with this Grant Agreement. The OOG agrees to notify Grantee in writing within a reasonable time from receipt of a request for Page 11 of 27 information covering Grantee's Confidential Information. The OOG will make a determination whether to submit a request for a ruling under the Public Information Act to the Attorney General. Grantee agrees to maintain the confidentiality of information received from the OOG or State of Texas during the performance of this Grant Agreement to the extent allowed by the Act, including information which discloses confidential personal information particularly, but not limited to, personally identifying information, personal financial information and social security numbers. Grantee will notify the OOG within twenty-four (24) hours of receipt of any third party requests for information that was provided to the Grantee by the OOG or the State of Texas. G. Media Releases or Pronouncements. Grantee understands that the OOG does not endorse any vendor, commodity good, or service. The Grantee, its employees, representatives, subcontractors, or other agents may not issue any media release, advertisement, publication, or public pronouncement which pertains to this Agreement or the services or project to which this Agreement relates, or which mentions the OOG, without the prior written approval of the OOG. H. Indemnification. TO THE EXTENT ALLOWED BY LAW, GRANTEE WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG, AND ITS OFFICERS AND EMPLOYEES FROM ANY CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES AND COURT COSTS CONNECTED WITH ANY ACTS OR OMISSIONS OF GRANTEE OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER IN THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY THE OOG. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE OOG FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE OOG OR ITS EMPLOYEES. L Intellectual Property. TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OOG, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, GRANTEES, ASSIGNEES, AND/OR DESIGNEES AGAINST ANY CLAIM OF COPYRIGHT, TRADEMARK, OR PATENT INFRINGEMENT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT ARISING IN CONNECTION WITH THE PERFORMANCES OR ACTIONS OF GRANTEE PURSUANT TO THIS AGREEMENT. THE GRANTEE SHALL BE LIABLE TO PAY ALL COSTS, DAMAGES, AND ATTORNEYS' FEES INCURRED BY THE OOG RESULTING FROM SUCH CLAIMS INCLUDING ANY CLAIM FOR THE INFRINGEMENT OF ANY UNITED STATES OR INTERNATIONALLY PROTECTED PATENTS OR COPYRIGHTS ARISING FROM THE USE BY THE GRANTEE OR THE OOG, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, GRANTEES, ASSIGNEES, AND/OR DESIGNEES OF ANY EQUIPMENT, MATERIALS, INFORMATION, OR IDEAS EMPLOYED OR FURNISHED BY THE GRANTEE IN CONNECTION WITH THE PERFORMANCES CALLED FOR IN THIS AGREEMENT Page 12 of 27 J. Taxes/Workers' Compensation/Unemployment Insurance. GRANTEE IS FULLY RESPONSIBLE FOR ITS OWN FEDERAL, STATE, AND LOCAL TAXES. GRANTEE AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS AGREEMENT, GRANTEE SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF GRANTEE'S AND GRANTEE'S EMPLOYEES' TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS AGREEMENT. GRANTEE AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE,AND WORKERS' COMPENSATION. THE OOG, THE BANK AND/OR THE STATE OF TEXAS SHALL NOT BE LIABLE TO THE GRANTEE, ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF THE OOG. K. Tax Identification Information Required. As a prerequisite to the OOG's ability to process any payments to Grantee under this Agreement, Grantee shall provide the OOG with required tax and payee identification information in the form of a completed "Application for Texas Identification Number" (available on the Comptroller of Public Accounts' website at http://www.window.state.tx.us/taxinfo/taxfonns/ap-152.pdf). If Grantee has previously completed the required documentation to obtain a Texas Identification Number (TIN) prior to the effective date of this Agreement,Grantee may satisfy this requirement by providing the OOG with Grantee's current TIN, name, and address to permit the OOG to verify registration in the TINS System with the Texas Comptroller of Public Accounts. L. Insurance.Unless otherwise noted in this Agreement, and to the extent that Grantee does not have or maintain insurance or does not have or maintain sufficient insurance, Grantee acknowledges and agrees that Grantee will be solely responsible for any losses or damages related to or caused by the Grantee's performing its duties and obligations under this Agreement. The OOG will have no obligation to reimburse or otherwise pay Grantee for any costs incurred related to any such losses or damages. M. Fraud,Waste and Abuse. Grantee understands that the OOG does not tolerate any type of fraud, waste, or misuse of funds received from the OOG. The OOG's policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls.Any violations of law,OOG policies,or standards of ethical conduct will be investigated, and appropriate actions will be taken. In the event Grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds received from the OOG that is made against Grantee, Grantee is required to immediately notify the OOG of said allegation or finding. Grantee is also obliged to inform the OOG of the status of any on-going investigations regarding allegations of fraud, waste, or abuse. Grantee is expected to report any possible fraudulent or dishonest acts,waste, or abuse to the OOG's Fraud Coordinator or Ethics Advisor at (512) 463-1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin, Texas 78711. Page 13 of 27 N. Saturdays, Sundays, Holidays. If the last or appointed day for the taking of any action or the expiration of any right required or granted in this Agreement is a Saturday or a Sunday or a scheduled State of Texas or national holiday, then such action may be taken or such right may be exercised on the next succeeding business day that is not a Saturday, Sunday or holiday. A schedule of State of Texas holidays is located at: http://www.hr.sao.state.tx.us/compensation/holidays.html O. Applicable Law and Venue. This Agreement is made and entered into in the State of Texas. This Agreement and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas,without regard to any otherwise applicable conflict of law rules or requirements. Venue for any Grantee-initiated action, suit, or litigation arising out of or in any way relating to this Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court, Western District of Texas - Austin Division. Venue for any OOG-initiated action, suit,or litigation arising out of or in any way relating to this Agreement may be commenced in a Texas state district court or a United States District Court selected by the OOG in its sole discretion. The Grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation. The Grantee hereby waives and agrees not to assert as a defense, or otherwise, in any suit, action or proceeding, any claim that the Grantee is not subject to the jurisdiction of the above-named courts; the suit, action or litigation is brought in an inconvenient forum; and/or the venue is otherwise improper. P. No Waiver of Sovereign Immunity. OOG is immune from suit and from liability. No part of this Agreement, nor the conduct or statement any person, will be construed as a waiver of the doctrines of sovereign immunity and official immunity, or of any of the privileges,rights,defenses, remedies, or immunities available to the OOG, and/or the State of Texas, and their officers, employees, or agents as provided by law. SECTION 16. TERMINATION. A. Convenience. The OOG may, at its sole discretion, terminate this Grant Agreement without recourse, liability, or penalty, against the OOG, upon thirty (30) calendar days' notice to the Grantee. B. Cause/Default. In the event that Grantee fails to provide the agreed upon services according to the provisions of this Agreement, or fails to comply with any of the terms or conditions of this Agreement, the OOG may,upon written notice of default to Grantee, immediately terminate all or any part of this Agreement. Termination is not an exclusive remedy,but will be in addition to any other rights and remedies provided in equity, by law, or under this Agreement. C. Rights upon Termination or Expiration. In the event that the Agreement is terminated for any reason, or upon its expiration, the OOG shall be obligated to pay Grantee only for actual allowable costs incurred up to the effective date of termination. Termination is not an exclusive Page 14 of 27 remedy, but will be in addition to any other rights and remedies as provided in equity, by law or under the Agreement. OOG will not be liable to Grantee or to Grantee's creditors for any costs incurred subsequent to receipt of a Notice to Terminate or any unacceptable or disallowed costs as determined by OOG. D. Notwithstanding any exercise by OOG of its right of early termination pursuant to this section, Grantee shall not be relieved of any liability to OOG for damages due to OOG by virtue of any breach of this Agreement by Grantee. OOG may withhold payments to Grantee until such time as the exact amount of damages due to OOG from Grantee is agreed upon or is otherwise determined. E. In the event Grantee fails to comply with any provision as specified in this Agreement, the Grantee may be liable for damages under this Agreement and barred from applying for or receiving additional funding under the DEAAG program until repayment is made and any other compliance or audit findings are resolved and/or any issue of non-compliance is cured to the satisfaction of OOG pursuant to this section. F. Grantee shall refund to OOG any sum of money paid to Grantee by OOG, which OOG determines is an overpayment to Grantee, or in the event OOG determines funds spent by Grantee were not an allowable cost of this Project. No refund payment(s) may be made from local, state, or federal grant funds unless statute or regulation specifically permits repayment with grant funds. Such refund shall be made by Grantee to OOG within thirty (30) calendar days after such refund is requested in writing by OOG, or within thirty (30) calendar days of a notice from OOG indicating the request is the result of a final determination that the refund is owed. SECTION 17. AVAILABILITY OF FUNDS. This Agreement is subject to the availability and receipt of funds appropriated by the Texas Legislature that the OOG has allocated to this Agreement. If funds for this Agreement become unavailable during any budget period, the OOG may terminate this Agreement, without penalty, or reduce the amount of this Agreement at the discretion of the OOG. Grantee will have no right of action against the OOG if the OOG cannot perform its obligations under this Agreement as a result of lack of legislative appropriations in amounts sufficient to fund any activities or functions contained within the scope of this Agreement. SECTION 18. MONITORING. OOG or its designee may perform periodic on-site monitoring of Grantee's compliance with the terms and conditions of this Agreement and of the adequacy and timeliness of Grantee's performance. After each monitoring visit, OOG will provide Grantee with a written report of the monitor's findings. If the monitoring report notes deficiencies in Grantee's performances under the terms of this Agreement,the monitoring report shall include requirements for the timely correction of such deficiencies by Grantee. Failure by Grantee to take action specified in the monitoring report may be cause for termination of this Agreement in accordance with Section 16 of this Agreement. SECTION 19. CONFLICT OF INTEREST A. Grantee shall ensure that no employee, officer, or agent of Grantee shall participate in the selection, award, or administration of a subcontract supported by funds provided hereunder if a Page 15 of 27 conflict of interest, real or apparent, would be involved. Such conflict of interest would arise when: (1) the employee, officer, or agent; (2) any member of his or her immediate family; (3) his or her partner; or, (4) any organization which employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. Grantee shall comply with Texas Local Government Code, Chapter 171. B. No employee, agent, consultant, officer, or elected or appointed official, of either Grantee or of a subcontractor, who exercises or has exercised any functions or responsibilities or is in a position to participate in decision-making or gain inside information in regard to the activities involved in the Project, shall be permitted to have or obtain a financial interest in or benefit from the Project or any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties. SECTION 20. LITIGATION AND CLAIMS A. Grantee shall give OOG immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Grantee arising out the performance of this Agreement. Except as otherwise directed by OOG, Grantee shall immediately furnish to OOG copies of all pertinent papers received by Grantee with respect to such action or claim. Grantee shall notify OOG immediately of any legal action filed against the Grantee or any subcontractor, or of any proceeding filed under the federal bankruptcy code. Grantee shall submit a copy of such notice to OOG within thirty (30) calendar days after receipt. No funds provided under this Agreement may be used in the payment of any costs incurred as the result of any claims, judgments, fines, or settlements. B. OOG and Grantee acknowledge that they are governmental units of the State of Texas and are subject to, and shall comply with, the applicable provisions of the Texas Tort Claims Act, as set out in the Texas Civil Practice and Remedies Code, Section 101.001 et. seq. C. Grantee acknowledges that OOG, the State of Texas, and their employees shall not be held liable for any claims or causes of action whatsoever which may occur in the course of performing the services described in this Agreement, or from the award, cancellation, or withdrawal of this Grant. SECTION 21. NOTICE OF MATERIAL EVENTS. Grantee shall furnish to OOG prompt written notice upon becoming aware or having knowledge of the occurrence of any event or development that has, or would reasonably be expected to have, a material adverse effect on the completion of the Project as described under this Agreement. Under no circumstances shall notice under this section occur more than fifteen (15) calendar days following Grantee receiving knowledge of such event or development. SECTION 22. FORCE MAJEURE. Neither party shall be required to perform any obligation under this Agreement or be liable or responsible for any loss or damage resulting from its failure to perform so long as performance is delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages, embargo, riot, war, revolution, terrorism, rebellion, insurrection, flood, natural disaster, or interruption of utilities from external causes. Page 16 of 27 SECTION 23. DISPUTE RESOLUTION A. Informal Meetings. The parties' representatives shall meet as needed to implement the terms of this Agreement and shall make a good faith attempt to informally resolve any disputes. B. Grantee's Continued Performance. Grantee shall not be excused from performance during any pending dispute, unless approved in writing by the OOG. SECTION 24. CHANGES AND AMENDMENTS. A. Any alterations, additions, or deletions to the terms of this Agreement shall be by a written amendment executed by both parties. B. During the term of this Agreement, OOG may issue policy directives to establish, interpret, or clarify requirements under this Agreement. Policy directives from OOG shall be binding upon Grantee. SECTION 25. SEVERABILITY. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal,or unenforceable in any respect,such invalidity,illegality,or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. SECTION 26. ENTIRE AGREEMENT. This Agreement is intended as a full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations, terms and conditions, both oral and written, are superseded and replaced by this Agreement. SECTION 27. CONSTRUCTION. The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning. The parties acknowledge that each party and its counsel have reviewed this Agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the Agreement. SECTION 28. HEADINGS. The headings of the sections and subsections of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof. SECTION 29. SURVIVAL OF CERTAIN PROVISIONS. Notwithstanding any expiration, termination or cancellation of this Agreement, the rights and obligations pertaining to repayment of Grant funds and/or damages, limitation of liability, indemnification, public information, reporting requirements,retention and accessibility of records, audit rights,rights upon termination, and any other provision implying survivability shall remain in effect after this Agreement ends. Page 17 of 27 SECTION 30. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. IN TESTIMONY HEREOF, Grantee and OOG have executed this Defense Economic Adjustment Assistance Agreement in duplicate originals, effective as of the last date contained on the signature lines below. OFFICE OF THE GOVERNOR CITY OF CORPUS CHRISTI Chief of Staff or Designee Margie Rose Date Date Page 18 of 27 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND CITY OF CORPUS CHRISTI EXHIBIT A $3,281,314.00 THREE MILLION, TWO HUNDRED EIGHTY-ONE THOUSAND, THREE HUNDRED FOURTEEN AND 00/100 (DOLLARS). Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for actual and allowable allocable costs paid according to the following amounts and budget categories: Budget Category Infrastructure—Purchase of property Infrastructure - Professional & Consultant Services Infrastructure—New Construction Infrastructure - Rehabilitation and Renovation Infrastructure—Capital Equipmenti Infrastructure—Capital Supplies Infrastructure—Facilities Insurance Training Equipment Training Supplies Total 1 Per UGMS, "Equipment"means an article of nonexpendable,tangible personal property having a useful life of more than one year and a per unit acquisition cost of$5,000 or more. 2 Id. Per UGMS,items of equipment with a per unit acquisition cost of less than$5,000 are considered to be supplies. Page 19 of 27 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND CITY OF CORPUS CHRISTI EXHIBIT B GRANT NARRATIVE UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET MODIFICATIONS,the following narrative provided by Grantee in its DATED grant application applies to this Agreement: Page 20 of 27 EXHIBIT C UNIFORM STATE GRANT ASSURANCES The Grantee must assure and certify compliance with any and all applicable federal and state statutes, regulations,policies, guidelines and requirements, including, but not limited to, the Uniform Grant Management Standards(UGMS);and Title 1,Part 1, Chapter 4 of the Texas Administrative Code, that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a Grantee, the more restrictive requirement applies. By accepting the grant award,the Grantee certifies and assures that it complies and will continue to comply with the following: 1. Grantee possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative,or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 2. A grantee must comply with Texas Government Code, Chapter 573,Vernon's 1994,by ensuring that no officer, employee,or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years,or such other period stipulated by local law,prior to the election or appointment of the officer, employee,or governing body member related to such person in the prohibited degree. 3. A grantee must insure that all information collected,assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,Chapter 552,Vernon's 1994,unless otherwise expressly prohibited by law. 4. A grantee must comply with Texas Government Code, Chapter 551,Vernon's 1994,which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 5. A grantee must comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is in arrears on child support payments. 6. No health and human services agency or public safety or law enforcement agency may contract with or issue a license,certificate or permit to the owner,operator or administrator of a facility if the license,permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 7. A grantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. 8. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local grantees shall maintain an appropriate contract administration system to insure that all terms,conditions. and specifications are met. 9. A grantee must comply with the Texas Family Code, Section 261.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantees shall also ensure that all program personnel are properly trained and aware of this requirement. 10. Grantees will comply with all federal statutes relating to nondiscrimination.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive Page 21 of 27 Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616),as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912(42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,relating to nondiscrimination in the sale,rental or financing of housing;(i)any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s)which may apply to the application. 11. Grantees will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. § §276a to 276a-7), the Copeland Act(40 U.S.C. § §276c and 18 U.S.C. § § 874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. § § 327-333),regarding labor standards for federally assisted construction subagreements. 12. Grantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 13. Grantees will comply with the provisions of the Hatch Political Activity Act(5 U.S.C. § 7321-29)which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 14. Grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 15. Grantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's(EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). 16. Grantees will comply with the flood insurance purchase requirements of 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234. Section 102(a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 17. Grantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.);(f)conformity of federal actions to State (Clear Air)Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended(42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L.93-523); and(h)protection of endangered species under the Endangered Species Act of 1973,as amended, (P.L.93-205). 18. Grantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 19. Grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 20. Grantees will comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544,as amended,7 U.S.C.2131 et seq.)pertaining to the care, handling, and treatment of warm blooded animals held for research,teaching, or other activities supported by this award of assistance. 21. Grantees will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 et seq.)which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 22. Grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann., Sec. 85.001,et seq. 23. Grantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 24. Grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. Page 22 of 27 25. Grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 26. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. Page 23 of 27 EXHIBIT D QUARTERLY PROJECT STATUS REPORT [PROJECT NAME] TMPC 1801-01-07 Expenditures for Quarter Ending (DATE) Expenditures Description Percentage of Project Completed: Summary of Expenditures to Date: Quarter Ending Expenditures Brief Narrative Explaining Expenditures: Project Status: Grantee's Duly Authorized Representative: Date: Page 24 of 27 EXHIBIT E PROJECT COMPLETION REPORT [PROJECT NAME] TMPC 1801-01-07 Locality: DEAAG Grant Number: Percent Completed: The GRANTEE has successfully completed, and in a satisfactory manner, the PROJECT. The purpose of the grant was to GRANT PURPOSE. The total cost for the project is as follows: •Project Total $ •Total $ The following is a brief project scope summary: This is to certify that an inspection of 100% of the completed project described below was conducted on the day of , 20 . Contracts were entered into for PROJECT between the GRANTEE and the following subcontractors: [SUBCONTRACTORS.] This is to further certify that any and all Equipment included as part of the grant budget has been purchased with the specified grant purpose, timeline,budget, and all addenda, change orders, and supplemental agreements thereto. NAME OF GRANTEE: Signature of Grantee's Duly Authorized Representative Print Name Title Date Page 25 of 27 Exhibit F DEAAG PROJECT IMPACT REPORT Project Name: DEAAG Grant Number: Grantee Name: Address: Telephone: Fax: Contact Person: Email: Time Period Covered by Report: to Project Performance Measures: • Create, retain, or train Jobs by the completion of the project • Project Description: • Project Address: Jobs Created Active Full Time Time Period Jobs Created, Retained or Students Trained EX. 01/12—03/12 Total Page 26 of 27 Breakdown of Jobs Created Job Type Jobs Created or Retained Total Jobs Created This Reporting Period to Date Direct Permanent Jobs Indirect Permanent Jobs Individuals Trained Total Businesses assisted or created this period: Businesses assisted or created to date: Project Financial Impact • Narrative summary of Impact: • Update on current Project Status (include curriculum updates): THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF THE GRANTEE. FOR THE GRANTEE: Signature Print Name Title Date Page 27 of 27 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND THE CITY OF CORPUS CHRISTI, TEXAS TMPC 1801-01-07 EXHIBIT A $3,281,314.00 THREE MILLION, TWO HUNDRED EIGHT-ONE THOUSAND, THRE HUNDRED FOURTEEN AND 00/100 Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for actual and allowable allocable costs paid according to the following amounts and budget categories: Budget Category Infrastructure—Purchase of property $0 Infrastructure -Professional & Consultant Services $319,839 Infrastructure—New Construction $2,961,475 Infrastructure - Rehabilitation and Renovation $0 Infrastructure—Capital Equipment' $0 Infrastructure—Capital Supplies3 $0 Infrastructure—Facilities Insurance $0 Training Equipment' $0 Training Supplies3 $0 Total $3,281314.00 'Per UGMS, "Equipment"means an article of nonexpendable,tangible personal property having a useful life of more than one year and a per unit acquisition cost of$5,000 or more. 2 Id. Per UGMS,items of equipment with a per unit acquisition cost of less than$5,000 are considered to be supplies. Page 1 of 9 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND THE CITY OF CORPUS CHRISTI, TEXAS TMPC 1801-01-07 EXHIBIT B GRANT NARRATIVE UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET MODIFICATIONS,the following narrative provided by Grantee in its DATED grant application applies to this Agreement: Construct perimeter fencing and access control gates around Army helicopter repair facilities to enhance security of mission-critical aircraft and components. Page 2 of 9 EXHIBIT C UNIFORM STATE GRANT ASSURANCES The Grantee must assure and certify compliance with any and all applicable federal and state statutes, regulations,policies,guidelines and requirements, including, but not limited to, the Uniform Grant Management Standards(UGMS);and Title 1,Part 1, Chapter 4 of the Texas Administrative Code, that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a Grantee, the more restrictive requirement applies. By accepting the grant award,the Grantee certifies and assures that it complies and will continue to comply with the following: 1. Grantee possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative,or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 2. A grantee must comply with Texas Government Code, Chapter 573,Vernon's 1994,by ensuring that no officer, employee,or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years,or such other period stipulated by local law,prior to the election or appointment of the officer, employee,or governing body member related to such person in the prohibited degree. 3. A grantee must insure that all information collected,assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,Chapter 552,Vernon's 1994,unless otherwise expressly prohibited by law. 4. A grantee must comply with Texas Government Code, Chapter 551,Vernon's 1994,which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 5. A grantee must comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is in arrears on child support payments. 6. No health and human services agency or public safety or law enforcement agency may contract with or issue a license,certificate or permit to the owner,operator or administrator of a facility if the license,permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 7. A grantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. 8. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local grantees shall maintain an appropriate contract administration system to insure that all terms,conditions. and specifications are met. 9. A grantee must comply with the Texas Family Code, Section 26 1.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantees shall also ensure that all program personnel are properly trained and aware of this requirement. lo. Grantees will comply with all federal statutes relating to nondiscrimination.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive Page 3 of 9 Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616),as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,relating to nondiscrimination in the sale,rental or financing of housing;(i)any other nondiscrimination provisions in the specific statutes) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s)which may apply to the application. 11. Grantees will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. § §276a to 276a-7), the Copeland Act(40 U.S.C. § §276c and 18 U.S.C. § § 874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. § §327-333),regarding labor standards for federally assisted construction subagreements. 12. Grantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 13. Grantees will comply with the provisions of the Hatch Political Activity Act(5 U.S.C. § 7321-29)which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 14. Grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970,as applicable. 15. Grantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). 16. Grantees will comply with the flood insurance purchase requirements of 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234. Section 102 (a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 17. Grantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.); (f)conformity of federal actions to State (Clear Air)Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended(42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L.93-523); and(h)protection of endangered species under the Endangered Species Act of 1973,as amended,(P.L.93-205). 18. Grantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 19. Grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 20. Grantees will comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544,as amended,7 U.S.C.2131 et seq.)pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 21. Grantees will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 22. Grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann., Sec. 85.001,et seq. 23. Grantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 24. Grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. Page 4 of 9 25. Grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 26. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. Page 5 of 9 EXHIBIT D QUARTERLY PROJECT STATUS REPORT [PROJECT NAME] TMPC 1801-01-07 Expenditures for Quarter Ending (DATE) Expenditures Description Percentage of Project Completed: Summary of Expenditures to Date: Quarter Ending Expenditures Brief Narrative Explaining Expenditures: Project Status: Grantee's Duly Authorized Representative: Date: Page 6 of 9 EXHIBIT E PROJECT COMPLETION REPORT CORPUS CHRISTI ARMY DEPOT INDUSTRIAL SECURITY ENCLAVE TMPC 1801-01-07 Locality: Corpus Christi, TX DEAAG Grant Number: 1801-01-07 Percent Completed: The GRANTEE has successfully completed, and in a satisfactory manner, the PROJECT. The purpose of the grant was to GRANT PURPOSE. The total cost for the project is as follows: •Project Total $ •Total $ The following is a brief project scope summary: Construct perimeter fencing and access control gates around Army helicopter repair facilities to enhance security of mission-critical aircraft and components. This is to certify that an inspection of 100% of the completed project described below was conducted on the day of , 20 . Contracts were entered into for PROJECT between the GRANTEE and the following subcontractors: [SUBCONTRACTORS.] This is to further certify that any and all Equipment included as part of the grant budget has been purchased with the specified grant purpose, timeline, budget, and all addenda, change orders, and supplemental agreements thereto. NAME OF GRANTEE: City of Corpus Christi, TX Signature of Grantee's Duly Authorized Representative Print Name Title Date Page 7 of 9 Exhibit F DEAAG PROJECT IMPACT REPORT Project Name: CORPUS CHRISTI ARMY DEPOT INDUSTRIAL SECURITY ENCLAVE DEAAG Grant Number:1801-01-07 Grantee Name: City of Corpus Christi, TX Address: 1201 Leopard Street, Corpus Christi, TX 78401 Telephone: Fax: Contact Person: Email: Time Period Covered by Report: to Project Performance Measures: • Create,retain, or train Jobs by the completion of the project • Project Description: • Project Address: Jobs Created zero(0) Active Full Time Time Period Jobs Created,Retained or Students Trained EX. 01/12—03/12 Total Page 8 of 9 Breakdown of Jobs Created Job Type Jobs Created or Retained Total Jobs Created This Reporting Period to Date Direct Permanent Jobs 0 Indirect Permanent Jobs 0 Individuals Trained 0 Total 0 Businesses assisted or created this period: 0 Businesses assisted or created to date: 0 Project Financial Impact • Narrative summary of Impact: • Update on current Project Status (include curriculum updates): THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF THE GRANTEE. FOR THE GRANTEE: Signature Print Name Title Date Page 9 of 9 �r p January 17, 201 Captain it Brock Commanding rcer Naval Air Station o sti OMCIE OF THE IMAVOR 11001 Avenue D, Ste. 101 Jaye McComb Corpus Christi, TX 78419-5021 Daaaa,��a;�°apuaa4u'���a:ra�aa.;.a„oPxq ........................................................... .e: setter of Offer FOueai h IElfanrdirn chia^f or sia ll, IE pu llvil 6l[?d!a oexans.caoni Dear Captain Brock: 120 1 Leopard S1.7840 1 110 Box 9277 The City of Corpus Christi (City)hereby conveys this Offer tetter(Offer) for the C',wpuesChoristi purpose of offering to the Department of the Navy (Navy)an in-kind gift from the icxrxs 78-169-9277 Phone 3611-826-3101 State of Texas's Defense Economic Adjustment Assistant Grant IE'ans.36II"8z6-3 a 03 program to make infrastructure improvements at Naval Air Station Corpus Christi as ati aa,.¢:a:4a:mos csnm LSCC),Texas, as follows: 1 construct and connect a new water pipeline on the north perimeter of the base to strategically ensure a resilient t supply of water to NASCC's 41 tenant co ds and 506 facilities which e critical to the 's mission; construct perimeter fencing and access control gates around Army helicopter repair facilities to enhance the security o mission-criticalaircraft and components for the Corpus Christi Army Depot ( ),a tenant command within NASCC. In addition to the in-kind is offer also includes authorization for Project Oversight Costs incurred by the Navy to ensure all improvements eet NAVFAC designcriteria and construction standards. The rojecte amount of this cash gift is listed as Supervision, Inspection Overhead(SIOH) in attachment B of this letter. As a reimbursement grant program, the City woulde responsible for preparing project specifications(in coordination with NASCC),advertising for and selecting construction contractors, and submitting invoices from contractors for project expenses to the State of Texas. Accordingly, the City shall be responsible for the resolution of protests, claims, and other disputes that arise under such contracts and solicitations. The City understandsat the Secretary of Defense and the Secretaries of the Navy and other military services have authority to accept gifts for certain purposes under 10 U.S. . § 2601 and associatedregulations. e City further understands that such i s may be subject to terms and conditions established e donor. Accordingly,this Offer is made subject to and contingent upon the Navy's acceptance of the Terms and Conditions attached. The City of Corpus Christi is pleased to convey this Offer, which is made for the purpose of enhancing the military value of NASCC and CCAD and, in turn, strengthening the national defense of the United States. The City recognizes and fully supports the critical role played by NASCC and CCAD in this nation's defense. We look forward to implementing this initiative with the Navy at the earliest possible time and stand ready to discuss details of the in-kind gift. The points of contact are Tom Tagliabue,Director of Intergovernmental Relations, at 361.826.3850 and tomtag@cctexas.com and Jerry Shoemaker, Project Engineer, at 361.826.3516 and jerrys2@cctexas.com. Sincerely, (J McComb I ayor Enclosure Attachment A Terms and Conditions for City of Corpus Christi Funding of Naval Air Station Corpus Christi and Corpus Christi Army Depot Infrastructure Projects Subject to the City of Corpus Christi signing a grant agreement with the State of Texas Office of the Governor Texas Military Preparedness Commission for the Defense Economic Adjustment Assistance Grants and City Council of the City of Corpus Christi approval of expenditures under said agreement, the City and United States Navy agree to the following: Project Descriptions Redundant Water Supply Pipeline Part 1: City of Corpus Christi Utilities Department in-house project to construct new water supply pipeline in existing right-of-way along Spur 3 (Ocean Drive) from Ennis loslin Road to Navy property to ensure redundant water supply for Naval Air Station Corpus Christi and its tenant commands. Future maintenance and operations of this segment of the water pipeline will be the responsibility of the City. Funding: City of Corpus Christi Capita!Improvement Program Bond Funds Part 2: City will contract with successful bidder to construct new water supply pipeline along Spur 3 (Ocean Drive) from Navy property to the water plant on base to ensure redundant water supply for Naval Air Station Corpus Christi and its tenant commands. Upon completion of Part 2, City will convey ownership of newly constructed facilities and equipment on Navy property to the Navy. Future maintenance and operation responsibilities of this segment of the water pipeline will be the responsibility of the Navy. Funding:DEAAG Funds Co us Christi Army Depot Industrial Security Enclave Part 1: Corpus Christi Army Depot will, as a tenant of NASCC, repair access controls, security doors, fence line, gates, and cameras that were damaged during hurricane Harvey, to include new equipment, trenching, electrical and IT, secure access card readers, cameras, communication, lighting and concrete. City will have no role or responsibility with this project. Funding:Army Working Capital Fund Part 2: City will contract with successful bidder to construct perimeter fencing and access control gates around Army helicopter repair facilities to enhance security of mission-critical aircraft and components for the Corpus Christi Army Depot (CCAD). Ownership and future maintenance responsibilities of the newly constructed facilities and equipment shall be negotiated between CCAD and the Navy. Upon completion of Part 2, the City will convey ownership to the appropriate federal entity. Funding: DEAAG Funds Funding The City will sign a grant award agreement with the State of Texas, Governor's Office, to authorize reimbursement of costs for specified scope of work. If the Navy, NASCC, or CCAD requests scopes of work or services outside of the agreement resulting in cost increases or overruns for the specified projects, it shall be the responsibility of the requesting entity to cover those increased costs. Project Mana ement and Contract Administration The City will, in coordination with NASCC, manage the Project and contract administration from engineering through construction. NASCC will provide specifications for engineering, design, permitting, and construction of the Projects to the City. The City may select construction contractor and suppliers to perform required services for the projects. Contractinm Res onsibilit The City shall award and administer such contracts as it considers necessary to accomplish the Projects. Accordingly, the City shall be responsible for the resolution of protests, claims, and other disputes that arise under such contracts or solicitations therefore. The Navy will be responsible for project oversight and supervision responsibilities outlined in the proposed project budgets in ATTACHMENT B. Amendments Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. Certification of Costs and Budget NASCC and CCAD will provide to the City the certified cost estimates for the respective selected Projects. The budget for the Projects shall be in accordance with the certified cost estimates. NASCC and CCAD will promptly notify the City of any Project costs exceeding the estimates. The notification shall be made at the time such excess costs become known to NASCC and CCAD. The budgets used in the City's application for DEAAG funding, developed in coordination with NASCC and CCAD, are included in ATTACHMENT B. Change Orders The City will consult with NASCC prior to a decision to commit to a change order in excess of five percent (5%) of the cost of the design or 5% of the total cost of the Project. Proiect Schedule and Documentation NASCC will provide the City with copies of the Department of the Navy Construction Contract Turnover and Close-out Checklists. The City will provide NASCC with copies of the following documents related to the Project: (a) contractor schedules upon approval by the City; (b) all local, state and federal approvals upon receipt by the City; (c) contractor invoices within fifteen (15) calendar days of completion of the Project; (d) final certification of total Project cost within 15 calendar days of completion; (e) completed Navy Construction Contract Turnover and Close-out Checklists, and (f) available as-built drawings for the Project upon request. The City and NASCC agree to coordinate in good faith to resolve any Freedom of Information Act or Texas Public Information Act issues that may arise with respect to contractor invoices. Project "completion" shall be the date of formal final acceptance of the Project as shown on DO Form 1597. Excess Funds Not applicable. Access NASCC will give representatives of the City and any contractors or subcontractors reasonable access to build and inspect the Project provided the contractors or subcontractors do so in a manner that will not interfere with Project construction or operational concerns of NASCC. The City will give representatives of NASCC access to all related construction documents and Project expenditures. Liaisons The City and NASCC agree to have specifically designated liaisons at all times. The City liaison will be Jerry Shoemaker, Project Engineer. The NASCC liaison will be the Commanding Officer, U.S. Naval Air Station Corpus Christi. The City and NASCC will promptly notify each other should there be a change of liaisons. Duration These Terms and Conditions shall remain in effect throughout the duration of the Project unless modified in writing by the City and NASCC. No Waiver of Sovereign Immunity Nothing herein shall be construed as a waiver or limitation of sovereign immunity or other immunity of the parties provided by Federal or State law. ACKNOWLEDGED AND AGREED FOR THE CITY OF CORPUS CHRISTI ... ...... . ....... ......"" -----------------------------------------------------------------I.............................................. Margie C.I�,,.,ose City Manager Date: Approved as to form by the City Attorney ' isl v Miles+' isley City Attorney Date: FOR NAVAL AIR STATION CORPUS CHRISTI ...................................... CA, f-phidiip Brock, USN Commanding Officer Naval Air Station Corpus Christi Date: ATTACHMENT B PROJECT BUDGETS Naval Air Station Corpus Christi Water Infrastructure�..-,. „ �"..��"��ec � _... ,,,,,,,,, ..Ma'or Part. ......_ ..........................--l-1.1-.............. astructure Project Portable Water Pipeline Pr ........................................, __................................. ,................................. ..��_.................._�� ..................................... ......_...........................,„ Project PARI' 1 Spur from Ennis Joslyn to Navy Property J ur 3 fr n. .,. ... p........................ .................................__.—.........................-..�...__...........................__... Descriptio In-house project to construct new water supply pipeline line in existing right l s q�- xair along Spur 3 firom Ennis Joslin Road to Naiy property to ensure redundant water supply for Naval Air Station Corpus Christi and its tenant commands ���... Source City of Corpus Christi Capital Improv°een...., ..... ... . .... .... ............ .. .........mm............................. .... Improvement Bond Funding QTY UNIT DESCRIPTION L NIT TOTAL COST PRICE (QTY T PRICE) 1 LS Mobilization,co �� plete in place per lump sum $76,579.$ 7 $76,580 ... 4520 LF Install 12 dram. 0900 DR18 PVC Waterline $75.00 339 000 (up to 42" of cover); complete in place per linear foot . ...... __.. ......................................... ..................................... .............................................. ..................... ........ 3 EA Install 12" R(W Gate Valve,complete in $2,300.00 $6,900.......... lace Per 2 FA Install 12"°T ......ees(MJ), complete in place per $ x00 $1,200 600. ..................... each ....... .. ....�.�.................. ....��__............................. ......................................... ...............................__. 1 EA Install 16"Tapping sleeve c/w 12" RW Gate $41500.00 $4,500 Valve, complete in place per each 8 EA Install FH Assembly(up to 42 of cover), $4,800.00 $38,400............. complete in place per each 1 EA Install Water Meter and Water Meter Box, $700.00 700 complete in place per each .. ... 45_0 LF Trench Safety for Remove and Install $1.1 $5,334 v Waterline(up to 42"cover), complete i ������ lace2ec each ......... mm 4_1 TONS Cement Stabilized Sand, ��� $53.10 "128,578������� � 2 7 ,complete in place � er each _511 SY Asphalt Pavement Repair,complete in place $76.70 $192,602 ~" soars and ........ eC .. _. ._ 0 4I DAY Signing and Traffic control,complete in place $650,00 $26,650 .. r da U e.............�°......................... 41 DAY ...�...�.. ...e................................ .............................................� .................................... .__.................................��..... o Flagger,complete i place per day $470.00 $19,270 ................................... ........................................ ........... ......._.................................................- ............................. . ............................................ 41 DAY Flashin ow Board, complete in place per $ 5. w � $2,665........... da 0_. _. Construction Contingency 25 000" $21 0 0,595 $1,052,97 TOTAL_..... _ ................................................................................................................................ ........................................................................................................................11.111111. ......................................................................................................................................... ........................................................................................................................... Major Portable Water Pipeline Project PART 2 -Navy Property to W-7 on base ..................... ..............."I'l""I'll""I'll'll""I'll""I'll",lI 11111111������� ............................................................ ......................................................................................................................................................... .............................................................. Description Continue construction of new water supply pipeline along Spur 3fi-ont Naiy property to the ivater plant on base to ensure redundant i rater supply far Naval .4h-Station Corpus Christi and its tenant commands .................................................... .............. ......................................................................................................... ......................"I'lI'llI'll'll"",',,""I',l",lI............... ....................................................................................... Source Defense Economic Adjustment Assistance Grant(DEAAG) ............... .............. ............................................. ...................................................................................................................... ............................................................................................................ ............................... QTY UNIT DESCRIPTION UNIT COST TOTAL COST (QTY * UNIT PRICE) ..................... ............... ........................................................................................................................... .................................................................................................................................... ............... ............... I ' LS Set up for Boring at Depths ranging from 6'- $22,500.00 $22,500 0" to 10'-0" under earthen soil,asphalt and concrete(up to 8" thick with#6 rebar) roads, sidewalks, etc. ............... LF xillill'I'll""I'll,'ll""I'll""I'll",'ll""I'll""I'll",'ll""I'll,,'ll""I'll""I'll",Ill""I'll"".",� ............................................................................................................ ..................... ............... ow for directional boring of 10" dia SRP $170.00 $595,000 3,500 C900/ASTM D 1248 HDPE(PPI 3 40 8)(or direct equivalent) Pressure Pipe and Fittings under Oso Bay to connect with 10" dia. SRP C900 DR-1 PVC/ASTM D1248 HDPE SDR- 13.5 (PPI 3408)(or direct equivalent) Pressure Pipe and fittings at both Ward Island Boundai and NASCC. LF 8,50OLFofIO" dia. SRPC900DR-9/ASTM I $145.00 $1,232,500 8,500 HDPE SDR 13.5 (PPI 3408) (or direct equivalent)Pressure pipe and fittings under Oso Bay to connect with 10" dia. SRP C900 DR-9 PVS/ASTM D1248 HDPE SDR 13.5 (PPI 3408) (or direct equivalent) Pressure Pipe and fittings for a Pressurized Potable Water Distribution Service Cert. Pipe�Fitting��Isolqion valves, etc. ..................................................................................................................... ........... ............................................................................................................................. ........................................................................................................................................................ I LS Procurement of Chloronation System and $150,000 $150,000 installation of 10"dia. Automatic demand and flow, level and pressure control and regulating Clayton Valve Assembly and enclosure at 2,000 kgal reservoir(W-7)with data link to demand cycle of :gum Vis) in W-I ............... ................................................................................................................... ................................................................................................................................ I LS Procurement of Chloronation[Water $30,000 $30,000 Treatment Gaseous Infusion System for remote standby usage to ensure redundancy and resiliency in the event of a casualty to the existing primary water supply system infrastructure. .......................................................................................................................... .......................................................................................................................................... .......................................................................................................................................................... ........................................ 1 LS Additional fill material -allows for backfill $20,000 $20,000 and compaction for pipeline installed along Southeast section of airfield. Allows for cement-stabilized base and assort sub-base compacted). Allows for placement of replacement section(s)of reinforced (8" thick 0 ........ .............. w/A615 rebar)concrete. Allows for MAC, ...............!�2.............................. ,........... ..................................................................................... ............... ............................................................................... . .................................................. =on 1 1/_ each course° � .............................................,. ............................................................................................................................................................. m........................................................... Contingency(10�a) $205,000 Engineering Services(3.5 Via) $71,750 . ................................................... S ( ° ) . .............................................�. ....................................................................$.1..64,000........................... . Design 8�o Topographic Survey(3.5�o) �.���$71,750 Construction Inspection(1.5�o)partial $30,750 ............................................... ..................................................... .,..................................................................................................... ...................... SIGH (4.6%) $94,300 ® Testing-geotech and...qua.l.i y...('ai......}.. t.. . .... e5..... r mmm cn 0Miscellaneous-printing,advertising, etc. $6,150 ................................................... (........................). ........... ..................................................... ............................................. TOTAL EAAG QUEST $2,734,700 ...................... ........In-Kind................� .................,........................ ................................................� ..................... Y Contribution ........................�................................................�mm.................................................... C1.t ,.......... ............................................ .............................. y Source City Capital Improvements Program Bonds Cs Funds .......................... �c Construction Inspection(2.0%)partial .. .. ................................ aC City Contract Administration/Financial $82,04.1.. ............................ .................... Mana:Fement i 3°4) rTi ..................... SUBTOTAL°.......$.1.36,735... ................................................... Project Share Budget .......................................:. ................................................................................................... Estimate ......... .............................. . .................... DEAAG Request 69.68oo $2,734,700 .. ....... City In Kind Match 30.32/a $1,189,708 L................................L.......................................... TOTAL 100.00/o ........$3,424,408...................... ........................................... Corpus Christi Army Depot .................................................. ............................................... Existing Security Fe ncing Repairs Estimate ......., ................. ... . ............. �.................................................... ............................................... ............................................................... .DescriptionRepair access controls, security doors,fence lune, gates, and cameras that were damaged during hurricane Harvey. Includes new equipment, trenching, electrical and IT, secure access card readers, cameras, communication, lighting and new concrete. Source:..................................... .. ..... ....................................... ......................................._,............................................ .................................................. .. CCAD (Army Working Capital Fund) s Control/Security Doors ....... . ...................................................... $103,861 ,...................... ............................ $458 600 Fence Line/Gat e Repairs .� Security Camera Repairs $157,710 Labor/Rental Equipment $100 000 ........................... SUBTOTAL $820,171 . ............................................. ..........................................m .................................................... ,.................................................- ............................................. ,........................................................ ........................... p rArmy Depot Industrial Security Enclave ............................................. Description Coiistriict perimeter fetzciiig and accesscontrol gates around Army°°°............................................... helicopter repair facilities to enhance security of mission-critical aircraft and components for the Cot pus Christi Army Depot (CCAD) ..................��...................Source..... ............................Defeas.e ,............................................... ................................................................. ......................................................... .....................................................- ,,............................................................................ Economic Adjustment Assistance Grant(DEAAG) QTY ITEM PER UNIT TOTAL ..............................................................�.............................................+. ................................................................ . m.......................,,. 16 Turnstile ADA Gate+ Concrete Pad $84,000 $1,344,000 ........................................................... ......Access............... ControlledSlide Gate........EA............. .........................................................,........................................................ ............................. 4............................................... ............. ............................................. ...................................................... (EA) $75,000 $675,000 Manually controlled Slide Gate(EA) $9,516 $38064.................. .................. ....7s0............................................................... . ......... .................................................. ................................................................. ............... Chain Link Fencing (LF) $90 $340,213 .............................................................. I,150 ' Chain Link Fencing+ Aircraft Cabling $150 $172,499 LF ° ............ ............................. Sidewalk Alterations/Improvements $63,974.................. mm$63,974 l Mobiliz ation/Demobilizati $ ° 500 $58,500 U miscellaneous items Y ...................................................... Contingency 1.0°0 $269,2.25.... SUBTOTAL $2,.9.6.1,475 Design 5.00 �o $148,074 y 3.50°° ................... ......................$..1...03 652................................. Topographic Surve N . m...................... VJ Testing(Geotech & Quality) 2.00°0 $59,229 .,��m.................�.........................� Misc. Printing, Advertising, Etc.) 0.30°0 $8,884 ............................................................................. SUBTOTAL $3.1.9,839........... ................. OAL DEAAG REQUEST..... ........................................................................................................................ .................................................................................................... .... .......... .... AD°.......... .............. $3,281,314 C In-Kind Contribution"�............................................................... .......................................................�,........................................................ m............................................................ .,................................................... s Source.......................... ............................................., ..................................................... CCAD Ams '.......................................................... ........................................................� ......................................................... . ..............................................................� (Army Working Capital Fund) ........................................................ .............................................................. m.................. Engineering Services 3.50% $I03,652 ....................................... .................................................. ............................................. ,................................................................ ............................................................, ............ NAVFAC/CC ................................................ A SIOH 4.50°x'0 $..1..3.3.,266 ............................ SUBTOTAL $236,918 11..........................................................m......................... . ......................................................... ,................................................................... C y of Corpus Christi In Kind Contributions .................................... ................................................ ............................................. ............................................................... ...........................................................mm............................................................ ........................................................... ............................... Source. City General Fund ,r . ..................... .................... -,................................... Construction Inspectio 2 Inspection .. 1...5.... �o $44 42_..... ..... Contract Administration/Financial 3.00% 4 Maria cement ° SUBTOTAL $133,266 .................................. IN-KIND...CONTRi ....................... .......... BUTIONS $370,184 Project g6re Budget ....................................................... Estimate DEAAG Request 73.3K $3,281,314 City Cost Share 2.98 �o $133,266 ........... CCAD Cost Share 23.64°°............................. $..1..057,089 .......... . TOTAL 100.00 ................... ...............54,471,669....m......... .. L.............................. ............................................... SC o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of February 20, 2018 "cis52Ea Action Item for the City Council Meeting of February 27, 2018 DATE: February 1, 2018 TO: Margie C. Rose, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution recommending restoration of funding to the Texas Commission on Environmental Quality for air quality monitoring and mitigation programs for near non-attainment communities to remain in compliance of federal ozone standards CAPTION: Resolution to recommend restoration of funding to the Texas Commission on Environmental Quality for air quality monitoring and mitigation programs for near non-attainment communities essential to remain in compliance with the National Ambient Air Quality Standard (NAAQS) for ozone established by the United States Environmental Protection Agency through the Clean Air Act. PURPOSE: The Corpus Christi Air Quality Group, of which the City of Corpus Christi is a member, is working with other near non-attainment areas and interested stakeholders to push for restoration of the $6 million biennial appropriation to the Texas Commission on Environmental Quality (TCEQ) for near non-attainment communities which was vetoed by Governor Greg Abbott in the 2018-2019 General Appropriation Act. BACKGROUND AND FINDINGS: From 1995 through 2017, the Texas Legislature appropriated funding to the TCEQ and directed funds via rider to near non-attainment areas - Austin, Beaumont, Corpus Christi, EI Paso, Granbury, Killeen/Temple, Longview/Tyler/Marshall, San Antonio, Victoria, and Waco -- for ozone emission reduction planning and programs to remain in attainment of ozone standards established by the EPA. Governor Greg Abbot line-item vetoed a $6,000,500 rider in the FY 2018-2019 General Appropriations Act for TCEQ. The veto stripped the nine near non- attainment communities of the only funding for programs documented to keep them in attainment of ozone standards. Two areas in Texas (Dallas-Fort Worth metroplex and Houston- Galveston area) are in non-attainment of the federal ozone air quality standard. Governor Abbott's veto proclamation stated: "This program funds, among other items, bicycle use programs, carpooling awareness, environmental awareness campaigns, and locally enforceable pollution reduction programs in near non-attainment areas, which can be funded at the local government level. Resources in the Clean Air Account should be prioritized to directly address problems in non-attainment areas of the state so that we are better positioned to combat the business-stifling regulations imposed on these areas by the Environmental Protection Agency...." The Corpus Christi region does not, nor has it ever used, TCEQ air quality funding for bicycle use programs or carpooling awareness programs. The Corpus Christi region has only two programs supported by TCEQ air quality funding; a vehicle emissions testing and repair program through the Texas A&M University-Corpus Christi Pollution Prevention Partnership, and an ozone research monitor program through Texas A&M University-Kingsville; neither of which can be funded by local government. Stripping Texas communities of their clean air funding as they struggle to remain in attainment of ozone standards will cause more areas in Texas to fall into non-attainment of ozone standards thereby increasing the number of non- attainment regions in Texas and its burden for a State Improvement Plan (SIP) to the EPA. The Texas A&M University-Corpus Pollution Prevention Partnership's vehicle emissions testing and repair program protects Corpus Christi's ozone attainment status by detecting and repairing polluting vehicles thereby removing approximately 10 tons of ozone causing emissions from our air-shed each year. Local emissions inventories confirm that polluting vehicles are approximately 30% of Corpus Christi's ozone causing emissions. The ozone research monitor program detects and records elevated levels of ozone that are transported in from other areas and not sourced in our air-shed; a critical program for Corpus Christi to scientifically defend its attainment status of ozone causing emissions. These are the only programs Corpus Christi funds through Rider appropriations and both of these programs are critical to the Corpus Christi air shed's continued attainment of ozone standards. Without the reinstatement of Rider funding in the 86th legislative session, both programs may be terminated. In the interim, Port Industries of the Coastal Bend recently agreed to provide $47,000 in one- time funding for one year for the continuation of the TAMUK monitoring. The Port of Corpus Christi also recently agreed to support for one year the Pollution Prevention Partnership. Both parties agree it is the responsibility of the State of Texas to fund these services to keep areas like the Coastal Bend in compliance with federal ozone standards. Under the Obama administration, the EPA lowered the ozone standards from 75 to 70 parts per billion. The standard has been challenged in court and most observers, including Governor Abbott's Environmental Policy staff, expected the new administration to weaken the regulation. In April 2017, a federal appeals court granted EPA more time to review the rule. Corpus Christi and the Coastal Bend remain in compliance with the prior and existing ozone standards. ALTERNATIVES: 1. Do not adopt the resolution recommending funding restoration. 2. Locally fund the air quality monitoring services without the assistance of the State of Texas. OTHER CONSIDERATIONS: The City of Corpus Christi Environmental and Strategic Initiatives Department administers both the Pollution Prevention Partnership and the ozone research monitor program as a pass- through from the TCEQ. The City is reimbursed for staff time $30,000 biennially on average from the TCEQ to administer these programs. The 86th Texas Legislature convenes January 8, 2019, and must adopt the 2020-2021 biennial budget by May 27, 2019. The State's 2020 Fiscal Year begins September 1, 2019. If the city council approves this resolution it will become part of the City's State Legislative agenda, which is typically considered and adopted in the October-November timeframe. The Corpus Christi Metropolitan Transportation Organization Policy Committee adopted a similar resolution at its February 1, 2018, meeting. Nueces County Commissioners Court is scheduled to consider the resolution on February 28, 2018. CONFORMITY TO CITY POLICY: Council adopted resolution Oct. 30, 2012, supporting the Corpus Christi Air Quality Group's participation in EPA Ozone Advance to promote local actions to reduce ozone precursors in the community and continue to maintain National Ambient Air Quality Standards for ozone. The projects funded through the TCEQ were integral parts of the Ozone Advance strategy. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Environmental and Strategic Initiatives Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): (Do not list Accounting streams, use names of accounts) Comments: None RECOMMENDATION: Staff recommends adoption of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution FY 2018-2019 TCEQ Air Quality Monitoring Rider Governor's Veto Proclamation RESOLUTION RECOMMEND RESTORATION OF FUNDING TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR AIR QUALITY MONITORING AND MITIGATION PROGRAMS FOR NEAR NON-ATTAINMENT COMMUNITIES ESSENTIAL TO REMAIN IN COMPLIANCE WITH THE NATIONAL AMBIANT AIR QUALITY STANDARDS (NAAQS) FOR OZONE ESTABLISHED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY THROUGH THE CLEAN AIR ACT. WHEREAS, Texas communities like Austin, Beaumont, Corpus Christi, El Paso, Granbury, Killeen/Temple, Longview/Tyler/Marshall, San Antonio, Victoria, and Waco have efficiently and effectively utilized funding provided in the General Appropriations Act in a rider to the Texas Commission on Environmental Quality (TCEQ)to implement air quality monitoring, and mitigation strategies to remain in compliance with current and proposed National Ambient Air Quality Standard for Ozone by the United States Environmental Protection Agency (EPA) as authorized in the federal Clean Air Act; and WHEREAS, the Clean Air Act directs the states to develop state implementation plans (SIPS), applicable to appropriate industrial sources in the state, in order to achieve ozone standards, the lack of funding for near non-attainment communities resulting from a line item veto by Governor Greg Abbott in the 2018-2019 General Appropriations Act prevents impacted communities to implement strategies in the adopted Texas SIP, and local governments do not have the financial capacity to assume the responsibilities of an unfunded mandate by the State of Texas; and WHEREAS, the health and quality of life for millions of Texas residents in near non-attainment communities has benefitted greatly from the strategies, services and programs implemented at the local level by local governments, businesses, and industry to reduce ozone levels and remain in compliance with federal standards; and WHEREAS, the Corpus Christi air-shed remains in attainment of the most recently established ozone standards announced by the EPA in 2015 of 70 parts per billion (ppb); and WHEREAS, two programs in Corpus Christi served to ensure the Corpus Christi air-shed's continued attainment of ozone standards: Texas A&M University Corpus Christi Pollution Prevention Partnership's vehicle emissions reduction program, and Texas A&M University Kingsville's ozone air monitor program; and WHEREAS, both the Texas A&M University Corpus Christi Pollution Prevention Partnership's vehicle emissions reduction program, and Texas A&M University Kingsville's ozone air monitor program relied on funding through the TCEQ's Clean Air Account No. 151; and WHEREAS, Rider funding to support the continuation of the Texas A&M University Corpus Christi Pollution Prevention Partnership's vehicle emissions reduction program and Texas A&M University Kingsville's ozone air monitor program was vetoed after adjournment of the 85h Regular Session of the Texas Legislature by Governor Abbott after it had been recommended by the Legislative Budget Board, and adopted without opposition by both the Texas House of Page 1 of 3 Representatives and the Texas Senate, stripping these critical programs of the funding needed to continue; and WHEREAS, without restoration of funding by the 86h Texas Legislature, both the Texas A&M University Corpus Christi Pollution Prevention Partnership's vehicle emissions reduction program and Texas A&M University Kingsville's ozone air monitor program will cease to operate thereby risking Corpus Christi air-shed's continued attainment designation of ozone standards; and WHEREAS, the Texas A&M University Corpus Christi Pollution Prevention Partnership's vehicle emissions reduction program protects Corpus Christi's attainment status of ozone standards by providing over 10 tons of reductions of ozone causing emissions each year at a cost of approximately $4,700 per ton compared to the possible costs of$50,000 a ton or more for offset emissions should a development choose to site in Corpus Christi that no longer attains ozone standards; and WHEREAS, without the restoration of funding to the TCEQ by the 86h Texas Legislature, Corpus Christi is striped of the only program that works to reduce the mobile source emissions that are a significant 30 percent contributor to Corpus Christi's ozone causing emissions; and WHEREAS, without the restoration of funding provided by the 86h Texas Legislature, Corpus Christi is striped of the ozone research monitors that support proving and documenting transported emissions that are not generated in our air-shed, and possible consideration for attainment designations; and WHEREAS, the economic burden on the State of Texas to bring a non-attainment community back into attainment is far greater than the cost to restore funding that assists struggling attainment communities to remain an attainment community in the State of Texas; and WHEREAS, the economic burden for a business to obtain a permit to locate or expand in Corpus Christi is significantly increased should funding for the TCEQ not be restored by the 86h Texas Legislature and Corpus Christi loses the critical ozone attainment protection programs of the Texas A&M University Corpus Christi Pollution Prevention Partnership's vehicle emissions reduction program and Texas A&M University Kingsville's ozone air monitor program programs, and fall into non-attainment of ozone standards; and WHEREAS, the Corpus Christi air-shed prides itself on being a national leader in voluntary actions and programs that work to keep our industrial based community in attainment of toughened ozone standards; NOW THEREFORE BE IT RESOLVED, that: Section 1. The Corpus Christi air-shed's continued attainment of ozone standards is critical to public and economic health, and Page 2 of 3 Section 2. Appropriations to TCEQ to provide for the continuation of air-shed programs that work to reduce emissions and monitor ozone sources must be restored by the 86th Texas Legislature; and Section 3. We, the City of Corpus Christi, do hereby urge the Governor, Lieutenant Governor, the Speaker of the Texas House of Representatives, the Texas Senate and Texas House of Representatives to restore funding to the TCEQ in the FY 2020-2021 General Appropriations Act for air quality programs in all near non-attainment communities. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas On the_(date) of (month), 2018. 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 3 of 3 COMMISSION ON ENVIRONMENTAL QUALITY (Continued) c. Acquisition of Capital Equipment and Items (1) Monitoring and Analysis Equipment $ 2,660,590 $ 210,000 d. Data Center Consolidation (1) Data Center Consolidation $ 11,663,310 $ 12,122,879 Total,Capital Budget $ 17,889,408 $ 14,473,813 Method of Financing(Capital Budget): General Revenue Fund $ 4,453,592 $ 4,238,766 General Revenue Fund-Dedicated Used Oil Recycling Account No. 146 6,016 6,016 Clean Air Account No. 151 3,835,883 3,058,862 Water Resource Management Account No. 153 2,142,062 1,811,985 Watermaster Administration No. 158 280,000 0 TCEQ Occupational Licensing Account No.468 46,160 46,160 Waste Management Account No.549 2,356,707 2,134,691 Hazardous and Solid Waste Remediation Fee Account No.550 2,199,944 2,062,809 Petroleum Storage Tank Remediation Account No. 655 421,901 586,917 Texas Emissions Reduction Plan Account No.5071 36,680 50,000 Operating Permit Fees Account No.5094 2,110,463 477,607 Subtotal,General Revenue Fund-Dedicated $ 13.435.816 $ 10.235.047 Total,Method of Financing 17.889.408 S 14.473.813 3. Authorization:Aircraft Chartering. Notwithstanding any other provision of this Act,the Texas Commission on Environmental Quality is authorized to spend appropriated funds for the chartering of aircraft for the purposes of monitoring environmental quality and the enforcement of environmental and water rights laws of the State. 4. Local Air Pollution Grants Allocation. Out of the amounts appropriated above,no less than $2,658,228 in each fiscal year out of the Clean Air Account No. 151 in Strategy A.1.1,Air Quality Assessment and Planning,shall be utilized to fund grants or cooperative agreements with eligible local air pollution programs under Health and Safety Code,§382.0622.The combined federal and state share of the funding for any such local air pollution programs shall not exceed 67 percent of the total allocation to the programs,with the local share being based on the local dollars allocated pursuant to maintenance-of-effort requirements for federal air pollution grants. 5. Fee Revenue:Pollution Control Equipment Exemptions. Amounts appropriated above include $225,116 each fiscal year from fee revenue collected pursuant to Tax Code, §11.3 1,beginning with the effective date of this Act out of the General Revenue Fund in Strategy C.1.3,Pollution Prevention,Recycling,and Innovative Programs,for the purpose of determining whether pollution control equipment is exempt from taxation. In addition to amounts appropriated above,any amounts collected by the Texas Commission on Environmental Quality pursuant to Tax Code,§11.31 on or after September 1,2015,in excess of $225,116 in each fiscal year of the biennium are appropriated to the agency. 6. Authorization: Operating Fund. The Texas Commission on Environmental Quality(TCEQ)is authorized to make transfers from any appropriation made to TCEQ into a single account in the General Revenue Fund known as the"Texas Commission on Environmental Quality Operating Fund"for the purpose of making expenditures for which appropriations were made in this Act. After the expenditures have been made from the fund and as soon as the proper strategies have been identified,TCEQ shall process adjustments to the Comptroller in summary accounts to facilitate accurate cost allocations;provided,however,that each special account and fund shall be used for the purposes in current law and nothing shall be done to jeopardize or divert the special accounts and funds or any portion thereof including federal aid. 7. Appropriation:Air Quality Planning. Amounts appropriated above include$6,000,500 for the biennium out of the Clean Air Account No. 151 in Strategy A.1.1,Air Quality Assessment and Planning,for air quality planning activities to reduce ozone in areas not designated as nonattainment areas during the 2014-15 biennium and as approved by the Texas Commission on Environmental Quality(TCEQ).These areas may include Waco,El Paso,Beaumont,Austin, Corpus Christi,Granbury,Killeen-Temple,Longview-Tyler-Marshall,San Antonio,and Victoria. A582-FSize-up-6 VI_18 October 1,2015 COMMISSION ON ENVIRONMENTAL QUALITY (Continued) These activities may be carried out through interlocal agreements and may include: identifying, inventorying,and monitoring of pollution levels;modeling pollution levels;and the identification, quantification,implementation of appropriate locally enforceable pollution reduction controls;and the submission of work plans to be submitted to the TCEQ.The TCEQ shall allocate$350,000 to each area and the remaining funds to each area based on population in excess of 350,000.The grant recipients shall channel the funds to those projects most useful for the State Implementation Plan(SIP). 8. Contract with the State Office of Administrative Hearings. Amounts appropriated above include$816,000 in each fiscal year of the biennium to cover the cost of contracting with the State Office of Administrative Hearings(SOAH)for funding SOAH's Natural Resources Division for the purpose of conducting administrative hearings and for related expenses.The Texas Commission on Environmental Quality(TCEQ)and the(SOAH)may not enter into a contract for an amount less than the amounts specified SOAH.If the SOAH determines,at the end of each fiscal year,that the amount paid under the contract exceeds the necessary funding,it shall refund the difference to TCEQ.If the SOAH determines that the amounts are insufficient to fund the Natural Resources Division,the SOAH may enter into negotiations with TCEQ in order to renegotiate the interagency contract to provide additional funds for administrative hearings.The SOAH is not appropriated any state funds from such renegotiated contracts until it gives written notice to the Legislative Budget Board and the Governor,together with written permission of the agency. 9. Texas Parks and Wildlife Environmental Special Investigations Unit. Amounts appropriated above include$225,000 each fiscal year out of the Waste Management Account No. 549 in Strategy C.1.2,Enforcement and Compliance Support,for the purpose of supporting the Texas Parks and Wildlife Department's Environmental Special Investigations Unit to enforce state and federal laws on illegal dumping.This appropriation is contingent on a memorandum of understanding and an interagency transfer of the funds between the Texas Parks and Wildlife Department and the Texas Commission on Environmental Quality to jointly administer the program.Any unexpended balance of this appropriation from fiscal year 2016 is appropriated for the same purpose for fiscal year 2017. 10. Federal Funds and Capital Budget Expenditures. To comply with the legislative intent to maximize the use of federal funds and to fulfill grant requirements required for the receipt and expenditure of federal funds,the Texas Commission on Environmental Quality(TCEQ)is exempted from the Capital Budget Rider Provisions contained in Article IX of this Act, "Limitations on Expenditures-Capital Budget",when federal funds are received in excess of amounts identified in the agency's Capital Budget Rider and such funds are federally designated solely for the purchase of specific capital items.In addition,TCEQ is exempted from the Capital Budget Rider provisions within Article IX of this Act when funds are received in the form of gifts to the agency in excess of amounts identified in the agency's Capital Budget Rider and such funds are designated solely for the purchase of specific capital items.The TCEQ shall notify the Legislative Budget Board and the Governor upon receipt of such federal funds or gift proceeds,of the amount received and items to be purchased. 11. Appropriation:Refinement and Enhancement of Modeling to Demonstrate Attainment with the Clean Air Act. Amounts appropriated above include$750,000 in fiscal year 2016 out of the Clean Air Account No. 151 in Strategy A.1.1,Air Quality Assessment and Planning,for research to obtain the data and information to refine and enhance any model used to demonstrate attainment with the National Ambient Air Quality Standard(NAAQS)and to assess air quality associated with other pollutants under the Federal Clean Air Act during the biennium beginning on September 1,2015.These funds may also be used to collect and analyze data and procure appropriate computing tools for modeling to demonstrate attainment with the National Ambient Air Quality Standard for Ozone and other pollutants.The Commission on Environmental Quality may contract as necessary to carry out these activities. 12. Reallocation of Revenue and Balances for Certain Accounts. Pursuant to Water Code,§5.707, and notwithstanding provisions of Article IX,Sec 14.0 1,Appropriation Transfers,in this Act,the Texas Commission on Environmental Quality is authorized to reallocate not more than 7 percent of the All Funds amount identified in the Method of Finance above from the following accounts (consisting of revenues and balances)to be used for purposes identified in the above strategies. Used Oil Recycling Account No. 146 Clean Air Account No. 151 Water Resource Management Account No. 153 A582-FSize-up-6 VI-19 October 1,2015 COMMISSION ON ENVIRONMENTAL QUALITY (Continued) 3. Authorization:Aircraft Chartering. Notwithstanding any other provision of this Act,the Texas Commission on Environmental Quality is authorized to spend appropriated funds for the chartering of aircraft for the purposes of monitoring environmental quality and the enforcement of environmental and water rights laws of the State. 4. Local Air Pollution Grants Allocation. Out of the amounts appropriated above,no less than $2,658,228 in each fiscal year out of the Clean Air Account No. 151 in Strategy A.1.1,Air Quality Assessment and Planning,shall be utilized to fund grants or cooperative agreements with eligible local air pollution programs under Health and Safety Code,§382.0622.The combined federal and state share of the funding for any such local air pollution programs shall not exceed 67 percent of the total allocation to the programs,with the local share being based on the local dollars allocated pursuant to maintenance-of-effort requirements for federal air pollution grants. 5. Fee Revenue:Pollution Control Equipment Exemptions. Amounts appropriated above include $229,424 each fiscal year from fee revenue collected pursuant to Tax Code, §11.31,beginning with the effective date of this Act out of the General Revenue Fund in Strategy C.1.3,Pollution Prevention,Recycling,and Innovative Programs,for the purpose of determining whether pollution control equipment is exempt from taxation. In addition to amounts appropriated above,any amounts collected by the Texas Commission on Environmental Quality pursuant to Tax Code,§11.31 on or after September 1,2017,in excess of $229,424 in each fiscal year of the biennium are appropriated to the agency. 6. Authorization: Operating Fund. The Texas Commission on Environmental Quality(TCEQ)is authorized to make transfers from any appropriation made to TCEQ into a single account in the General Revenue Fund known as the"Texas Commission on Environmental Quality Operating Fund"for the purpose of making expenditures for which appropriations were made in this Act. After the expenditures have been made from the fund and as soon as the proper strategies have been identified,TCEQ shall process adjustments to the Comptroller in summary accounts to facilitate accurate cost allocations;provided,however,that each special account and fund shall be used for the purposes in current law and nothing shall be done to jeopardize or divert the special accounts and funds or any portion thereof including federal aid. 7. Air Quality Planning.' AnAeoats, BtAdl,.h,.,o ,.i„ao$6,000,500 f r 40,h:o.,.,:,,.-01.14-4 ick 8. Contract with the State Office of Administrative Hearings. Amounts appropriated above include$816,000 in each fiscal year of the biennium to cover the cost of contracting with the State Office of Administrative Hearings(SOAH)for funding SOAH's Natural Resources Division for the purpose of conducting administrative hearings and for related expenses.The Texas Commission on Environmental Quality(TCEQ)and the SOAH may not enter into a contract for an amount less than the amounts specified.If the SOAH determines,at the end of each fiscal year, that the amount paid under the contract exceeds the necessary funding,it shall refund the difference to TCEQ.If the SOAH determines that the amounts are insufficient to fund the Natural Resources Division,the SOAH may enter into negotiations with TCEQ in order to renegotiate the interagency contract to provide additional funds for administrative hearings.The SOAH is not appropriated any state funds from such renegotiated contracts until it gives written notice to the Legislative Budget Board and the Governor,together with written permission of the agency. 9. Texas Parks and Wildlife Environmental Special Investigations Unit. Amounts appropriated above include$225,000 each fiscal year out of the Waste Management Account No. 549 in Strategy C.1.2,Enforcement and Compliance Support,for the purpose of supporting the Texas Parks and Wildlife Department's Environmental Special Investigations Unit to enforce state and A582-FSize-up-6 VI-19 September 19,2017 Governor Greg Abbott SB I Signature and Item Disapproval Proclamation June 12,2017 Page 4 56. Public Safety Grant for the Greater Houston Area. 0-ut of General Revenue Funds appfopfiated ah-w0e, in Strategy Q2.1, Publie Safety Conifflunieations, Depaftment of Publie Safety shall grant$4,000,000 in(seal year-2018 to a non profit entity in Houston that is dedie4ed to pfeN,eatiag and solving efiffle the Greater Houston Area thfough pfogfams emphasizing efime infoffnation Eeper-tifig,student and parent edusation,and eemnmnity empoweFffient. The Department of Public Safety's core mission is to serve and protect citizens of Texas as the state's primary law enforcement agency. Over recent years, efforts have been made to help the agency concentrate on its core mission and to transfer grant-making activities to other state agencies. This appropriation,for which the Department did not request funding in its 2018-19 Legislative Appropriation Request, would return the Department to being a grant-making entity. This veto will not prevent Houston Crime Stoppers from being able to receive grant funding from the Office of the Governor's Criminal Justice Division—or encumber Houston Crime Stoppers' ability to provide awards to appropriate recipients. I therefore object to and disapprove of this appropriation. Article VI-Natural Resources Texas Commission on Environmental Quality 7. Air Quality Planning. Amounts appropriated above inelude $6,000,500 faF the biennium out of the Clean 14 iF Aeeeunt No. 151 in Strategy A44, Air- Quality AS-SeSSM-ent and planning, for air- quality planning aetivities to Feduee ozone_M' afeas not designated as nR-B.Att-ainineat areas during the 2016 17 biennium and as approved by the Texas Coffffaission on Eavifeamental Quality (TCEQ). These afeas may inelude Waeo, El Paso, Beaumont, Austin, Corpus Chfisti, Gfanbufy, 191leen Temple, Longview Tylef Mar-shall, San Antonio, and Vieter4a. These aetivities may be eaffied out thr-ough intef4eeal agreements and fRay inelude- identifying, ifiVefik)Fyifig, and faenitefing of pollution levels; modeling pollution levels; and the ideatifieation quanti€ieatien, implementation of appFopri leeally eafe�eable p eentrols;and the submission of Plans to be submitted to the T-CEQ.The T-CEQ shall alloeate$350,000 to each afea and the r-emaining funds to each afea based on population in exeess of 350,000. The grant Feeipients shall ehanael the funds to these pfojeets inest useful for-the State implementation Plan(SIP). This program funds, among other items, bicycle use programs, carpooling awareness, environmental awareness campaigns, and locally enforceable pollution reduction programs in near non-attainment areas, which can be funded at the local government level. Resources in the Clean Air Account should be prioritized to directly address problems in our non-attainment areas of the state so that we are better positioned to combat the business-stifling regulations imposed on these areas by the Environmental Protection Agency.I therefore object to and disapprove of this appropriation. 24. Low-Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LI P}. Affteunt&-appfepAated­above­o�� Ak Aecount No. 151 StFategy A44, Aii- 1_�­K­ A----sment-and-Plannin&, TAI AAQ 1)1Z _elude 1_.........5 ;a eaeh ­....ium-in-e4iffatted-fee, fewnues ffem vehlele inspeetion-and mak-Affin-­ V- -_I--- genff at&d-puFua*t-4e f�­ h and Sat-ty Cede, §1339-2.202 and 3 822.302' .0 fund the-4--ow4neenie Welifele Repair--Assistanee,RetFefit,and Aec-eler-ated Vehiele Retir-ement Progfam IIARAP',. Out of these amount 01 ts, net fnefe than 45" lh Affill 'r'1 SIE -56a Y OF SECMAR STATE O'CLOCK JUN 12 2017 se o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of February 20, 2018 NORPOR PE 1852 Action Item for the City Council Meeting of February 28, 2018 DATE: February 20, 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 Field Lights for Ben Garza Park CAPTION: Motion authorizing an eight-month service agreement with Musco Sports Lighting, LLC, of Oskalossa, Iowa, for the purchase and installation of field lights at Ben Garza Park for an amount not to exceed $303,680 via BuyBoard. PURPOSE: This item is to provide new field lights at Ben Garza Park. BACKGROUND AND FINDINGS: This lighting is for two baseball fields at Ben Garza Park that are leased by the Police Athletic League. Currently the fields do not have lights so this will allow for increased use of the fields. The lighting and installation will be provided by Musco Sports Lighting LLC, which is the same system use on other sport fields in the City. Funding for this purchase is from the Community Development Block Grant program. ALTERNATIVES: The lighting will provide additional use of these fields due to the ability to schedule games later in the evening. 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 $400,000.00 $0.00 $400,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $303,680.00 $0.00 $303,680.00 BALANCE $96,320.00 $0.00 $96,320.00 Fund(s): Community Development Block Grant Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION FIELD LIGHTS AND BUYER: ROBERTA ORTIZ INSTALLATION TLGPC CONTRACT 521-16 MUSCO SPORTS LIGHTING, LLC OSKALOOSA, IOWA UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1. Field Lights Project 1 LS $303,680.00 $303,680.00 Total Price $303,680.00 .mus c.� �a v N"ofYaDRn'�4Q Service Agreement No. 50755 Field Lights and Installation at Ben Garza Park THIS Field Lights and Installation at Ben Garza Park Service Agreement ("Agreement") is entered into by and between Musco Sports Lighting LLC ("Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), by and through its duly authorized City Manager or designee ("City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS, Contractor has bid to provide field lights to include all associated material and installation for Ben Garza Park; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will deliver and install field lights and all associated material for Ben Garza Park ("Services") in accordance with this Agreement including all attachments and exhibits, which are incorporated by reference into this Agreement. 2. Term. This Agreement takes effect upon execution of the City Manager and issuance of a notice to proceed and will continue for eight months. 3. Compensation and Payment. This Agreement is for an amount not to exceed $303,680.00, subject to validly authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. 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. All of the Contractor's notices or communications regarding this Agreement must be directed to the contract administrator, who is the Park & Recreation Superintendent or designee ("Contract Administrator"). 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. Page 1 of 6 6. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the city will be given at least 30 days' advance written notice of cancellation, material change in the 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 full 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 set out here in its entirety. 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, 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. 9. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 10.Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for covering such contract item as an expenditure in the budget. The City does not represent that said budget Page 2 of 6 item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 11.Waiver. No waiver of any breach of any term or condition of this Agreement, its attachments and exhibits, or the Contractor's response to the RFP ("Exhibit 1 "), which exhibit is incorporated into this Agreement, waives any subsequent breach of the same. 12.Governing Law. This Agreement is subject to all applicable federal, state and local laws, rules and regulations. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 13.Federally Funded Project. This project is subject to Federal Funding. A set of Federal Requirements have been attached as Attachment D for inclusion in this Agreement. The Contractor must be in compliance with these requirements will performing work under this Agreement. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in this contract and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. 14.Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor shall be 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 are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the Services. 1S.Amendments. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. 16.Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in Exhibit A. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. 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. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days' written notice to the Contractor. However, the City may terminate this Agreement upon three days' written notice to the Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. Page 3 of 6 17.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes in accordance with Circular E, "Employer's Tax Guide", Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of one or more of these taxes within 15 days of such request. 18.Notice. Notice may be given by hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Joshua Wentworth 1201 Leopard Street 3rd Floor Park & Recreation Corpus Christi, Texas 78401 Phone: (361) 826-3483 Fax: (361) 826-3174 IF TO CONTRACTOR: Contractor Musco Sports Lighting, LLC Contact Ryan Tighe Address: 100 1 st Ave West City, State, Oskaloosa, Iowa 52577 Phone: (512) 658-6884 Fax: (800) 374-6402 19.Severability. Each provision of this Agreement shall be considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 20.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 form 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. 21.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 Page 4 of 6 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 OF 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. 22.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. Page 5 of 6 CONTRACTOR Signature.- Printed ignature:Printed Name; James M. Hansen I Title: Secretary Date: 02-12-2018 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorl2orated by Reference: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance/Bond Requirements Attachment D: Federal Requirements Page 6 of 6 Attachment A: Scope of Work 1. General Requirement Installation of Musco Sport field lighting system at 2 baseball fields at Ben Garza Park 1815 Howard Street, Corpus Christi, Texas 78408. 2. Scope of Work Contractor is responsible for the following: A. Provide required poles, fixtures, and foundations. B. Provide layout of pole locations and aiming diagram. C. Provide Project Management as required. D. Provide stamped foundation designs based on 2500psf soils. E. Provide equipment and materials to off load equipment at jobsite per scheduled delivery. F. Provide storage containers for material, (including ballast boxes), as necessary and waste disposal. G. Provide adequate security to protect delivered products from theft, vandalism or damage during the installation. H. Obtain any required permitting. I. Provide materials and equipment to install or upgrade electrical service panels as required or necessary. (480v 3ph) J. Provide materials and equipment to install all underground conduit, wiring, pull boxes etc. and terminate wiring as required per electrical design. K. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. L. Provide materials and equipment to install (8) LSS foundations as specified on Layout. M. Remove spoils to owner designated location at jobsite. N. Provide materials and equipment to assemble (44) LSG fixtures and terminate all necessary wiring. O. Provide equipment and materials to assemble and erect (8) LSS Poles. P. Provide equipment and materials to install (1 ) Lighting Contactor Cabinet and build a unistrut rack within 150 foot of home plate on the senior field and terminate all necessary wiring. Power company will bring power to our service panel. Q. Provide step down transformer for 120v control circuit if not available. R. Contractor will commission Control Link by contacting Control Link Central at (877-347-3319). S. Check all Zones to make sure they work in both auto and manual mode. T. 1 hour comprehensive burn of all lights on each zone. U. Set base line for the DAS (Diagnostic Acquisition System). Page 1 of 3 V. Keep all heavy equipment off of playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. W. Provide startup and aiming as required to provide complete and operating sports lighting system. X. Provide as built drawings on completion of installation. Y. Crane Lift Plans, screenings for other subcontractors, pre-approval of cranes or any contractor equipment to be used on site, Background Checks. Z. Provide and Install the required Community Development Block Grant signage. The Contract Administrator shall ensure the following: A. Contractor has complete access to the site for construction using standard 2 wheel drive rubber tire equipment. B. Locate existing underground utilities not covered by "One Call" and irrigation systems and sprinkler heads. Contractor will not be responsible for repairs to unmarked utilities. C. Locate and mark field reference points per Contractor's supplied layout. D. Verify that standard soils are defined as soils that can be excavated using standard earth auguring equipment. Contractor is not responsible for extra costs associated with foundation excavation in non-standard soils. E. An area on site is provided for disposal of spoils from foundation excavation. F. If required - provide sealed Electrical Plans. Page 2 of 3 EXHIBIT A LOCATION MAP I jrj ' +Y i II 'IiiIVIIIIIVm i °�'f�'i''�CI�� 1 i cr,�owetu r I % uop r Y � s AI,4 Page 3 of 3 Attachment B: Bid/Pricing Schedule I Ilummu o0o i o uoi Ben Garza Park Corpus Christi, TX To: City of Corpus Christi January 22, 2018 Buy Board Master Project: 146396, Contract Number: 512-16, Expiration: 09/30/2019 Commodity: Parks/Rec& Field Lighting Quotation Price—Materials and Installation Musco's Light-Structure GreenTm as described below, and delivered to the job site: T Ball and Baseball Field- (HID Metal Halide Light Source) .......................................................$303,680 • Baseball - Musco Materials including Control Link and 25 year warranty.........................................................................................................................$172,150 • T Ball- Musco Materials including Control Link and 25 year warranty........ $40,884 • Installation of the Musco system (including electrical).....................................$80,528 • Windstorm certificaiton for the Musco Poles.......................................................$3,333 • Stamped Structural Designs for the Musco Poles..............................................$4,000 • Bonding..........................................................................................................................$2,785 *Pricing is based off of the local wind speed of IBC 2015 150mph. Equipment Description Light-Structure Green TM in 5 Easy Pieces TM —complete from foundation to poletop • (8) Pre-cast concrete bases • (2) 60' Galvanized steel poles for T-Ball • (4) 70' Galvanized steel poles for Al-A2 and C1-C2 for baseball • (2) 80' Galvanized steel poles for 131-132 for baseball • Remote electrical component enclosures • Pole length wire harnesses • Factory-aimed and assembled luminaries • Control-Link® System for remote on/off control and performance monitoring with 24/7 customer support • CDBG sign requirements included. Benefits of Light-Structure Green TM • Reduction of energy and maintenance costs by 50% to 85% over typical 1500w HID equipment • Reduction of spill light and glare by 50% or more • Guaranteed light levels of 50/30fc on the baseball and 30/20fc on the T-Ball • Unmatched product assurance and warranty program that includes materials and onsite labor, eliminating100% of your maintenance costs for 25 years • 1 group re-lamp(s) of your facility after 5,000 hours of operation for HID fixtures, based on 250 annual usage hours for baseball and 200 usage hours forT-Ball. MUSCO fi©2016 Musco Sports Lighting, LLC -1 of 2- M-2169-enUS-1 I Ilummu o0o i o uoi Notes Quote is based on: • Shipment of entire project together to one location • 480 Volt, 3 Phase electrical system requirement • Structural code and wind speed = 2015 IBC, 150 MPH, Importance Factor C. • Owner is responsible for getting electrical power to the site, coordination with the utility, and any power company fees • Includes supply and installation of Musco system including underground wiring and conduit, service entrance panel board, and controls by a licensed contractor. • Standard soil conditions — rock, bottomless, wet or unsuitable soil may require additional engineering, special installation methods and additional cost • Confirmation of pole locations prior to production • CDBG sign requirements included Thank you for considering Musco for your sports lighting needs. Please contact me with any questions. Tim Oordt Sales Representative Musco Sports Lighting, LLC Phone: 512-658-6884 E-mail: tim.00rdt@musco.com MUSCO fi©2016 Musco Sports Lighting, LLC -2 of 2- M-2169-enUS-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 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 Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment Page 1 of 7 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 Page 2 of 7 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 Ben Garza Park - Field Lights Installation, Maintenance and Repairs 01/25/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 7 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: Telephone (main number): Field Lights for Ben Garza Park No. 50755 Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: $303,680.00 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 00 61 16—1 Field Lights for Ben Garza Park No. 50755 Rev. 01-13-2016 Page 4 of 7 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 00 61 16—1 Field Lights for Ben Garza Park No. 50755 Rev. 01-13-2016 Page 5 of 7 00 61 13 PERFORMANCE 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: Telephone (main number): Field Lights for Ben Garza Park No. 50755 Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: $303, 680.00 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 the 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. Performance Bond Form 00 61 13—1 Field Lights for Ben Garza Park No. 50755 Rev. 01-13-2016 Page 6 of 7 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond Form 00 61 13—1 Field Lights for Ben Garza Park No. 50755 Rev. 01-13-2016 Page 7 of 7 Attachment D - Federal Requirements FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-01 Breach of Contract Terms FR-02 Termination of Contract FR-03 Equal Employment Opportunity-41 CFR Part 60-1.4(b) FR-04 Standard Federal Equal Employment Opportunity Construction Contract Specifications— 41 CFR Part 60.4.3 FR-05 Copeland Anti-Kickback Act 29 CFR Part 5 FR-06 Davis-Bacon Labor Requirements 29 CFR part 5 FR-07 Contract Work hours and Safety Standards Act Requirements FR-08 Regulations Pertaining to Reporting FR-09 Rights to Inventions FR-10 Access to Records and Record Retention FR-11 Clean Air and Water Pollution Control FR-12 Energy Conservation Requirements FR-13 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FR-14 Lobbying and Influencing Federal Employees FR-15 Economic Opportunities for Low and Very-Low Income Persons FR-16 Affirmative Action Regulations and Plan FR-17 Women and Minority Owned Businesses (M/WBE) FR-18 Accessibility Section 504 Compliance FR-19 Texas Architectural Barriers Act FR-20 Drug-Free Workplace Requirements FR-21 Field Requirements Page 1 of 45 FEDERAL REQUIREMENTS: FR-01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor as provided in 29 CFR 5.12. Page 2 of 45 FEDERAL REQUIREMENTS: FR-02 TERMINATION OF CONTRACT a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the Clty's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Reference: 49 CFR Part 18.36(1)(2) Page 3 of 45 FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY - Executive Order 11246 as amended, 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by Page 4 of 45 EO 11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684. EO 12086 of Oct 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shalt cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. Contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p,230 Reference:Executive Order 11246& Title 41 CFR Part 60-1.4 Page 5 of 45 FEDERAL REQUIREMENTS: FR-04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS -41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Page 6 of 45 Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least Page 7 of 45 once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the Page 8 of 45 effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Reference:Executive Order 11246& Title 41 CFR Part 60—4.3 Page 9 of 45 FEDERAL REQUIREMENTS: FR-05 COPELAND "ANTI-KICKBACK" ACT— 18 U.S.C. 874/40 U.S.C. 276c/29 CFR Part 3 Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950(15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." Page 10 of 45 FEDERAL REQUIREMENTS: FR-06 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010) DAVIS - BACON REQUIREMENTS Compliance with Davis-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts Contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference. For additional information regarding Labor Rates, please go to the following United States Department of Labor website: httpe//www.dol.gov/whd/contracts/dbra.htm Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (a) Any class of laborers or mechanics, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and Page 11 of 45 (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to David-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Page 12 of 45 Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance, "signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under CFR 5.5(a)(3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. Page 13 of 45 (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its designee, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman Page 14 of 45 wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a) (1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ..... influencing in any way the action of such Administration....makes, utters or publishes any statement Page 15 of 45 knowing the same to be false.....shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Reference: Title 29 CFR Part 5.5 WAGE RATES Page 16 of 45 General Decision Number : TMIGOOS! 01/0St2018 TX31 Superseded General Decision Nukbe= : TX20=031. Maze: Texas ConsZrucZ!wn Type: Heavy Counzies : Nuecas and San PazzLels Counzies in Texas- REAVY CONSTRUCTION PROJECTS CLnoludlng Sewer and Ma=er Line ConsZrucZ!wn and Drainage Prwfeo=s;;i Nose : Under Execu=Lve Order (ED) L3653, an hourly minimum wage, of ;10. 35 for calendar year 201E applies So all con=rac=s subfec= So She DauLs-Bacon Ac= forwhich She conzracz is awarded land any swL±cLZa=Lon was issued) on or afzer January 1, ZOIS . If =hms conoracZ is covered by the KO, She conSracZar muss pay all workers in any classiMca=Lon lisZed on =his wage deserminazion as leas= 110 . 35 per hour Car =he applicable wage rase !Lssad an =his wage deserMnavLon, if .i t, is h4gher'� for all hours spen= performing on She conzracz in calendar year 201S . The EO minimum wage rase will be adjuszed annually . Please noze Khat. =his ED applies we =he aboue-menzinned zypes of •con=rac=s enzered Lnzo by =he federal goueznmenz Zha= are subteo= So She Dauns-Bacon Ac= ==self, bus is does noZ apply so con=rac=s subfecz only So =he DavLs-Bacon Re fazed Ac=s, including =hose se= forM az 29 CFR AddLzional LnformasLon on consra=lor requLremenzs and worker promenzinns under. =he ED is auaLlable az www.dol .gov/whdigovaon=zac=s . ModifmcaZnwn Number PublicaZion DaZe, 0 01?05/201�D SUIXIM7-001 IZ/01/LM7 Ra=es, Fringes CARPEN7ER (Excluding Form e= .inn) . . . . . . . . . . . . . . . . . . . . . . . . . Q S . M5 Concre=e FLn±sher. . . . . . . . . . . . . . . . 0 7 . SE ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . 0 18 . 37 Z. Y-� Laborers :� Common. . . . . . . . . . . . . . . . . . . . . . 0 7 . ZS UsLllay. . . . . . . . . . . . . . . . . . . . . 1 7 . 0'' Power equipmen= opeza=ozs: Backhoe. . . . . . . . . . . . . . . . . . . . . 9 . 21 MS=or Grader. . . . . . . . . . . . . . . . 0 0 . 72: ---------------------------------------------------------------- MELDERS - Receive raze prescribed for crafz performing operaLLan ao which welding is Ln=Ldenzal - Nose : Zmeous±ve Order (EC) 13706, Es=ab1LshLng Paid Sick Leave, for Federal Conzraczors applies So all cvnZracos subjec= So Zha- DavLs-Bacon Aar: for which she conorars is awarded and nny solLai=aZion was issued) an or afser January 1, 2017 . If =his conzraws is covered by She EQ she conzracun= musz prouLde employees wish I hour of paid sick leave for every 30 hours Ohey work, up =o SE hours of paid sick leave each year. Employees mus, be permLzwed =n use paid sick leane for ,he=r own illness, injuxy or osher healsh-rela=ed needs, Lnoluding preven=nve care; =a assts= a family member (or person who is Like family So She empLoyeel who is L11 , Lnfuzed, or has o=hez healzh-relased needs, including prevenziue care; or for reasons =esulLLng from, or co assLsz a family member Tor person who is Like family So She emnLoyeel who is a viazim of, domes i.._. violence, sexual assaaLz, or malkLng. AdMsLonal Lnfwrma=Lon on ron=rao7or requLremenws and worker przZe=WLsns under she E0 is available a= www.dwL .gvv1whd/qovcvnzraczs .. Unlisted classLficaZions needed for work no= included wLzhLn E &AP CREW 3:31:19 PM] Page 17 V 45 th,e sc:­oe :,f the may Lhe added af7er awari:l :,n.Ly as in the standard-s c,,:,nI.ra,:t z,La.is.Fes Th,e b�: cf ea.rh waige Jeterm-_n,al.-_,:�n lists the cT'_a:S:S-_f:Lz,at:L.­n an.d wage, rates th,,,at have ",rseen. fcruni:l :�: be p2:e-,,r&.:.L:Lnf.j f:,r the iz:Lteid :,f Zz,n:s-:Z­,,_-=Lcn. in the area c,_ „"erect by the Wage, Tha_ :_Iass:L.fLc-atL-_xns are 1--staid :L.n 1:�rde?- :.fid e i f-e_?-:s" t_h,-.t _ri1d:Laate whe-her partaciu.Lar Z-ate as a 'LIn:L.-_xn rate ,,_zn_,:n n-P c_7 c7La.7eld af- rte r Lc,:,a , l�, , El rate, f.we-_fghteid e.VeZ-ad,- 2:.EiteB -�r a -LmL-_xn a.,u"e-rage rate, e-gh7ad -u.n:L.:,:n avem-"age ratep Una:,n Rate, IAJent:Lf_ers R f:,--iz let7er akbrevaatacn. :L.d!ent-_f:Ler enc,Lcsed dr,-eid '_Lnes w:L.-h characters c-her than ­S7L" _,.r UAIG1. - lln,: e ,tes th,,,at thuLccfn e n. n. la.ssaica.7Lc . and at re ,rere 7, c Lp re „a.i ng f c r tha.7, cl a as-_f:Lz,a.t:L,:,n an the s-ur-urev.. Examml e P'L UMT'l-I 1S,G-0 OS o-.,7) 1/220 4 - 71LU712 L:s a,n a lab t Lan :L dem n f L er _«f t h,e �_-i n- -In wh:Lch p re ^a.i L e d .in 7,we s�_-i r ve y for'r t hi..s z-1 a.S Sa f-_c a.t L c n, wh- 1:h, in 7 h:L.s e xa�rap le w ci.^.L d Le :'L umih�,e r s So 7 i n d- i-a 7 e=s: 7 h e, 7�-�cA,� . = -�,, eiis- counc:L' nmml:�er - u n.i-v n u m h,e r � _:C L C*7 wr Im,e r e a p rp.1-_c a.b'_e e P I,_-i mra a rs L,:c_RL 015�­_ Tha_ nest ni.unber, 0 i n *:h e, e:-:amp I a :L s an L n t a r n a.L n i.LrEJD er u s e id -_n 1=r.C,C E S S:Ln.g wage, datermina.ti-xn.. 07?0_' as the effecti,,:e :I&.-:e cf the mcs,: ci.s.rren.t na_1g-=,-_ate1:I rate, --n this e3,.&.mple is:, 1, Una:,n MZeVaLl:LrIIg Wage, _7,ates are reflajzt all rate -he.n.iges Ln the, ec7j-�7e, 7n n -, L y,aining agree. t f.:2A g72ern. _= 7 rate_ Survey Rate Idant--fiers Cla.ss:Lf-_ca.-Lcns 1--sted ,_-inder -,he ",SU" :Ldan-t--fLer :Limdica7e -:ha.ty nc" :,ne rata pre-va.--Led fcr this :L.:rl the_ si.^.rvev and th,e rate is, by a bassd sr a.Ll 7he rates raarp:?rted in, 7he s-_-irvey fsz 7ha.7 zl&.ss:Lf-ca.tLcn_ As this -,re:L.�jhted a,,.erage rate all cerp,:«rt_ed in. -,he it ir­iy include L_«-,h uni-,n. and n=-,_,=­n rates.. E.,-:anwcLe: "SUIA.20--Z-007 127., indicates t]-.e _re.7eS areS.Jr%re_y ZEIte'S based ,:�n a we­_igh7ed a.,veraige zal,:­--Ila 7 Lc«:M. C«f re.-'ems an�d a::e, TICt rates- L.A. inc.L:.c a.7 es t h,e Stale :f L:,._-i:L s- a n a . 201.2 -_s 7,h e Vee.Z "_f S`,_-Ir77eY :,n ,rh.Lch th"esp and rates are ',raased- '--he next nurm,r�er, 007 in the s=xample,, :Ls an in-ts-nA7 nuirl-ber ussid --n pr.c�ducinq the wragE cS,113,,12,D14 Lnd:Lj:&.7p:s 7he s-,--irVey a,:mplet-_on Ja-,e f:,r th.e cT'-a:ss--f:L,c,r;i-r-:L.,-In:s and _a-,es under tl,,at. 1den7-_f:L.er. S U.1:7,)-e y -,,7'a C p- 7a ra.7es a-re nct dated and zema:L.nin effeaj:t T.mt--L a new su.r,,,,ey is Una:,n _.7,)-eZaige REte- Ident:L.fLers Li:s7picl tmdar the -_nd-_,zate t0m,&.7 n:, s:Lngle m&.- Z7:L7y rate' 'ZIre77EI:Lle1:I f-Ir *:hose z_I&.ss:Lf-_ca.tLcns; 7-tz,we7,)-e::, i.001�, -_of the da.7,a rer__mrted fco-r the z_I&.sS:Lf-_ca.t:_cns wa.s unicn da.t-a_ n�daz,ates -th,at -,he =ate L F a we igh7,ed %m:L.,:,n a e r a C7e _ate. 17-�H nidac,ates h.a_tstate_ The neatn�_mlbe_Z,, 0_1 10 :L.n t h,e e x a np I a, i.,a an in7prna7L numr:l:)a__r used --n %pr:d-ujz:Lnfg. the wage, 7he s-,_=vSy fc"r the clas:s:L.fica.ti.-xn.s an.d rates _-mdpz 7hat Ldant:Lfier R racr_a w:L.'_L ,:,e- ulDidalteid :,nce a year, :Ln cf each. year, tc ref'_e_j:t a weLgh.ted average, �_f the, zurre= ne,:7-,t:La-:ed/CZA -Df the un.-_on LscaLE f::cn 7,he =,s,-te :L.s 1_'a._;a.1:1 DZTZRM�INATIIC,'N kp=Ai,,'S PpIC_,C_FSI'3 b . Has there, heen an in1.7La.'_ derisa:,n :L.n. the matter'? '-h.L:s can a dwbf�.1/23f`201 9 1:31:19 PM] Page 18 of 45 an, exis7,Ll g T,vur_a' is,9-s,r cV wags clea,erm-na.t--_:n sr«xv ,y un, r_-ir��y a wags cVea,e_rrn_,nat_,_n a. Waega and n,sur _D .vise_=n. _µftµ= sat'trn.g fS: th Z. a. °s,waege e eta2:.min t1:_«ru matter. a. c°_,nt_�r:r.a.nze and a.te.°p rr.sbrn.g Cm survey rela7ed r^ratt,er.s, rnLti.al c-_,n.ta.ct, inc--1--i :LnJgrecluests t-o-r. sr.rmmar--es ,_,t',' _ns_°,aeyAs, s➢1_,LT Lad te wit0-_, the Wage and. Reg- na_ Off:Lce t_,r the area. LnwhLc1-t, t0_a. ',sns_ ,a was nd.u.eted Leca-,_-ise t➢-1;-.seeRr"'ga--wa.'_ CDfficss have x.,a', p-ns_bLl_,ty for The Ie.,a_.,s-tea n. _,o,.x , a r• T r:_«g_i.r;;v.. --f the resyc_^n.se f r_or:U r0._s -nLt_.;a.l. a,c is n, sa-_st:a._t_x:yf. -hen the pr_ _,ease descr_O~^-eci rte, With. rEclarei t any c',the= e^�a�t-eL' :rt, t -et rine fco-r t0_e f' rmr.a. pr_,%ess cle..s�_rls..e-'c�Yher�eR rn,itLa.IL ,v,_ruta.r_,t sh.�-ra Lcl ere w--th 7he� 2Ira.rte,_h _t a=`F t_s-rti._-i «n, Wacre Daste,rmr.Lna.t'r_;n.s,. r to _,_ ,. Branch c;t: C. nl,str' rtr<,_n wgalge D1ete=m:Lna.t:L:,n',s. Na.ege and H _;sr Di r- si==n U.S. Da-L-m.a.rtmr.e nt _.f ]L,ao,.cr� I -,he ctl_Ewer -ti, he 4.'._7:ee-1=«:n Ln b, e` 1'..5: yre,E,, then a.n. .Lntsre_ _ed rpa.r_,y a _n._�.se a.ffe, _,ed by 7,he a =,ti,_n�, .:a.s_ r.�eqr.«e_,t� rev-e"w --and 'Tr,_PV": the Wage anyi _l_o11.S,,L'. dioM.Nf%r.:Ct_e'u,r'atC?r. es 'I- CFP: Part L-S a.ncl 29 ._;F7. Ca,_.t . PTr'it,e -,,_;',: bl`a.ege art eV n,, ..r' Rd ni.st a.-,,-;r. U.S. Dapa.rtm.ent =f ]Lao ,r. o-- _.petit_,t= � � a:n_, N N.Tl- Wa._h.inegt_«:nm D117, 20210 Th,e reerues7 be a,_c-_mrpartie~i Ley at fir.�IL]lsta.t,ermient r,f the P a.r_Y' and a y any in.f-«rTr.a t_,c_n ("Tac-le. p Pa.y^r�^u.�x"-_- eV a.r_,,,,. Z�r,_ s.?,_,t.. elevv,Lrl-a-i_«:rta area. .a=a.:=tL=°e rrna.-eria..]L. etc—°p 7hatt the rawitse=,,,__ r,;_,n=Lclers r,a- Le'.'"an.t to 7,he --ss-ue_ 7. , If -he, clec L,si_,n ,_«iE the Nein inli etra.tc«r is not an �Ln-r-ar.+e_ _eciV.. 1W a.L-,.yF may a.T C ea.IL s.._=e.,vt]Ly t.,_« -'_e the Waege ;�L.P.ea.IL's F,ca.rcV _wc;',: k_Ve':U.in-- tra.tive PLEView Li.S. Dieegiartr ent --,f 7Labu_,r� N.bl`- Wa._h.inegt_«:n, D.-, 20210 cle:_',L_,J-_,n.s ,_,y t,'_tie Ppv--ew E;_�a.rei are f--nal- END iDF, (=—;ZNFTM.w,,.LL Fll,.doblm ,1 23,'2019 7.:3.1.1P PNI) ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 19 of 45 FEDERAL REQUIREMENTS: FR-07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1)through (4) of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. The Contractor shall include the provisions of this para-graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Reference:29 CFR Part 5.5&Advisory Circular 150/5100-6d Page 20 of 45 FEDERAL REQUIREMENTS: FR-08 REGULATIONS REGARDING REPORTING INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD-2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families (including single persons)whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic /gender character of the owner(s) and controller(s) of 51% of the business. When 51% or more is not owned and controlled by any single racial/ethnic/ gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. Page 21 of 45 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A Section 3 contractor/subcontractor is a business concern that provides economic opportunities to low-and very low-income residents of the metropolitan area (nonmetropolitan county), including a business concern that is 51 percent or more owned by low- or very low-income residents; employs a substantial number of low- or very low- income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youth build programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act. The terms "low-income persons" and "very low-income persons" have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons mean low-Income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or similar and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. INSTRUCTIONS FOR: FORM HUD-60002, Section 3 Summary Report, Economic Opportunities for Low-and Very Low-Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead-based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of$100,000 awarded in connection with the Section-3-covered activity. Form HUD-60002 has three parts, which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons.*A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, Page 22 of 45 this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name. 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year)this report covers. 7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the "Program Code" in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts—Self-explanatory Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs/IRAs are to report all contracts/subcontracts. Page 23 of 45 * The terms "low-income persons" and very low-income persons" have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons)whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Page 24 of 45 r 2 n 75 F g? Q -ER 'M Sa .2 79 pe fo 0g cn Gmn cL lo 6-4 9 v Li S:A% lz m 16 Pi o 114 ta IV tr, P4 Page 25 of 45 Section 3 Summary Report U.S.Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for and Urban Development (exp.11/30/2010) Low—and Very Low-Income Persons Office of Fair Housina And Equal Opportunity HUD Field Office: Section back of page for Public Reporting Burden statement HUD Field Office: 1.Recipient Name&Address: (street,city,state,zip) 2.Federal Identification: (grant no.) 3.Total Amount of Award: 4.Contact Person 5.Phone: (Include area code) 6.Length of Grant: 7.Reporting Period: 8.Date Report Submitted: 9.Program Code: (Use separate sheet 10. Program Name: for each program code) Part I: Employment and Training(**Columns B,C and F are mandatory fields. Include New Hires in E&F) A B C D E F Number of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3 Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees Sec.3 Residents that are Sec.3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other(List) Total *Program Codes 3=Public/Indian Housing 4=Homeless Assistance 8=CDBG State Administered 1=Flexible Subsidy A=Development, 5=HOME 9=Other CD Programs 2=Section 202/811 B=Operation 6=HOME State Administered 10=Other Housing Programs r-nn...�o�����e..� �-rnan❑�eeo.,o�� Page 1 of 2 form HUD 60002(6/2001) Ref 24 CFR 135 Page 26 of 45 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project $ B. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the project/activity $ B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving non-construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low-and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media,signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolitan county)in which the Section 3 covered program or project is located,or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other;describe below. Public reporting for this collection of information is estimated to average 2 hours per response,including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C. 1701 u,mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low-and very-low income persons,particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients'compliance with Section 3,to assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative;personal identifying information is not included. Page 2 of 2 form HUD 60002(11/2010) Ref 24 CFR 135 Page 27 of 45 FEDERAL REQUIREMENTS: FR-9 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by HUD or its designee and the Sponsor of the Federal grant under which this contract is executed. Reference: Title 49 CFR Part 18.36(1)(8) Page 28 of 45 FEDERAL REQUIREMENTS: FR-10 ACCESS TO RECORDS AND RECORD RETENTION The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized representative's access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference: Title 49 CFR Part 18.36(1) Page 29 of 45 FEDERAL REQUIREMENTS: FR-11 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Reference: Clean Air Act(42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act(33 U.S.C. 1251 et seq.) as amended, (49 CFR Part 18.36(1) (12) & Section 306 of the Clean Air Act& Section 508 of the Clean Water Act Page 30 of 45 FEDERAL REQUIREMENTS: FR-12 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). Reference: Title 49 CFR Part 18.36&Public Law 94-163 Page 31 of 45 FEDERAL REQUIREMENTS: FR-13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference:49 CFR Part 29&FAA Order 5100.38C Page 32 of 45 FEDERAL REQUIREMENTS: FR-14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Reference: Title 49 CFR Part 20, Appendix A Page 33 of 45 FEDERAL REQUIREMENTS: FR-14 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference:49 CFR Part 29&FAA Order 5100.38C Page 34 of 45 FEDERAL REQUIREMENTS: FR-15 ECONOMIC OPPORTUNITIES FOR LOW AND VERY-LOW INCOME PERSONS Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Page 35 of 45 section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). § 135.40 Providing other economic opportunities. (a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of "upward mobility", "bridge" and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions. (c) Other business related economic opportunities. (I) A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro-enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident-owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic opportunities to low- income persons. (2) A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C [Reserved] Page 36 of 45 FEDERAL REQUIREMENTS: FR-16 AFFIRMATIVE ACTION REGULATIONS AND PLAN An Affirmative Action Plan (AAP) must be submitted by the prime contractor and all subcontractors who have subcontracts of $10,000 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view and must include the percentage of AAP goals. Page 37 of 45 FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES (M/WBE) The Contractor will do the best efforts to afford small business (Section 3 (a) of the Small Business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women)the maximum practicable opportunity to participate in the performance of this project. Page 38 of 45 FEDERAL REQUIREMENTS: FR-18 ACCESSIBILITY SECTION 504 COMPLIANCE CDBG regulations require adherence to the following regulations: Americans with Disabilities Act (ADA) removal of architectural and communications barriers. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of disability. Page 39 of 45 FEDERAL REQUIREMENTS: FR-19 TEXAS ARCHITECTURAL BARRIERS ACT Elimination of Architectural Barriers , Government Code Chapter 469.- The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) Page 40 of 45 FEDERAL REQUIREMENTS: FR-20 DRUG-FREE WORKPLACE REQUIREMENTS The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. Page 41 of 45 FEDERAL REQUIREMENTS: FR-21 FIELD REQUIREMENTS TO BE POSTED: All posting documents must be placed in a visible location at the job site on a notice board: Davis-Bacon Poster: The WH Publication 1321 must be placed in a visible location at the job site on a notice board with the Contractor's and sub-contractors' Affirmative Action Plans when applicable. Davis-Bacon Prevailing Wage Rates: The Contractor shall display in a visible location at the job site on a notice board for employee viewing the Federal Wage Rates that apply to each Individual type of project. HUD Form 4010 Federal Labor Standards Provisions: The Contractor must be place in a visible location at the job site on a notice board the requirements of Davis- Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low and Very-Low Income Persons. Information pertaining to this notice must be placed in a visible location at the job site on a notice board. Executive Order 112461: The Contractor must place in a visible location at the job site on a notice board requirements that set forth the anti-discrimination policy for this project. Parts II & III of this Executive Order are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Affirmative Action Plan: An Affirmative Action Plan must be submitted by the prime contractor and all sub-contractors who have sub-contracts of $10,000.00 or more on the project. These plans must be displayed on the project bulletin board for employee view CDBG Project Sign: Project Sign: Contractors responsible to install in a visible location as selected by the City, a CDBG Project Sign prior to commencement of construction. Dimensions and design is attached. The field location will be determined prior to work start. Compliance Affidavit: The Contractor must sign and return the attached affidavit to the City prior to beginning work on the project. Affirmative Action Plan: The Contractor must submit and post this plan at the jobsite. Affidavit and Waiver of Lien by Contractor: The Contractor must complete, sign and return this waiver with each request for payment. Page 42 of 45 CDBG PROJECT SIGN a Red Background White Letters CITY OF CORPUS CHRISTI White Community Development Block Grant (CDBG) Background Black U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Letters (HUD) CDBG FUNDS: $ Total Pro ect Cost: $ Blue • • Background ' •• ® _ ®- White Letters 4' 3'6" Contractor to locate sign where it is most visible to the public and as approved by City Sign is made from a 4 feet x 8 feet sheet of 3/4" plywood. Sign should be posted at a minimum of than 3' 6" high from ground level. Page 43 of 45 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 1 1246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #I reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. will use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 1 1246 will be required of all subcontractors of$10,000 or more. UTILIZING LOWER INCOME RESIDENTS,MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION, DEMOTION, PAY RATES, LAYOFFS, ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer SIGNATURE DATE (print) Name of EEO Officer SIGNATURE DATE COMPANY NAME: ADDRESS: PHONE NO.: Page 44 of 45 AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF Personally appeared before me, the undersigned authority in and for said State and County, (Name[Title) of (Name of Company) which firm is hereinafter called"Contractor", who being duly sworn states on oath that he has personal knowledge of the following: 1 Contractor has paid in full all debts, obligations, and liabilities(including, without limitation, all debts,obligations, and liabilities for labor, materials, equipment or services,and for all local, state or federal taxes)which have been incurred by Contractor, or which are claimed by others to have been incurred by Contractor, or which have arisen in corlurction with work done, or labor, materials, equipment or services furnished by Contractor under contract with the City of Corpus Christy on the (Project Name) 2, This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Contractor by the City of Corpus Christi under the terms of said contract, In consideration therefor, Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the labor, materials,equipment or services referred to above. Theabove statements are made by (Name)of (Name of Company) individually and on behalf of the Contractor. (Name and Title) (Company Name) Sworn to and subscribed before me on (Date)- Notary Public State of Texas Commission Expires END OF FEDERAL REQUIREMENTS Page 45 of 45 se o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of February 20, 2018 NORPOR PE 1852 Action Item for the City Council Meeting of February 27, 2018 DATE: February 20, 2018 TO: Margie C. Rose, City Manager FROM: Fred Segundo, Director of Aviation FredSpcctexas.com (361) 289-0171 ext. 1213 Kim Baker, Assistant Director of Financial Services—Purchasing Division Kim 2p_cctexas.com (361) 826-3169 Business Development Services for Corpus Christi International Airport CAPTION: Motion to execute a five-year service agreement with Trillion Aviation, Austin, Texas, in the amount of $600,000, for business development services for the Corpus Christi International Airport based on the best value for the City. PURPOSE: The purpose of this agreement is to obtain consulting services for business development and air services for the Corpus Christi International Airport. BACKGROUND AND FINDINGS: The Contractor will provide full service consulting that will incorporate contemporary industry accepted terms and conditions into a variety of business and air service applications. The services will be responsive to the state of affairs of the aviation industry and applicable to the specific needs of the Corpus Christi International Airport. The Contractor's expertise will help maintain a positive financial and air service environment using industry best practices. The Contractor will also conduct a variety of airport-related business advisory services. The RFP was issued and advertisement was placed in The American Association of Airport Executives publication as well as the local Caller Times. One proposal was received. Minimum qualifications were evaluated under a pass/fail system, along with the firm's experience and understanding of the scope of work as outlined in the RFP. The firm was also interviewed and scored based on the same published criteria for a final score. Staff recommends awarding a service agreement to Trillion AV LLC, dba Trillion Aviation for business development services for Corpus Christi International Airport. ALTERNATIVES: 1,) Authorize three FTEs to provide business development, air service development and data mining services at an annual cost of approximately $245,000. 2.) Issue separate RFPs for business development, air service and data mining. OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Aviation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $188,899.66 $520,000.00 $708,899.66 Encumbered / Expended Amount $88,998.95 $0.00 $88,998.95 This item $80,000.00 $520,000.00 $600,000.00 BALANCE $19,990.71 $0.00 $19,900.71 Fund(s): Airport Comments: The contract value total is $600,000.00, of which $80,000.000 will be funded in FY2017-2018. The balance will be requested during normal budgeting process for future years. RECOMMENDATION: Staff and Airport Board recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Service Agreement No. 1245 RFP Matrix — Business Development Services for CCIA RFP No. 1245 Business Development Services for Corpus Christi International Airport Sr. Buyer - Roberta Ortiz �ProllposaIll 11:,,:,,:,va III u a till 0 Ir lr"r lllllliion Av, LLC dlbo 'lr"r lllllliion Aviallion Minimum Qualifications Required five years experience providing Business Development Pass Services to Internation Airports No outstanding lawsuits during last 5 years or current litigation with the Pass City during last 5 years No outstanding regulatory issues last 5 years Pass References Provided for firm Pass Technical Proposal Technical Proposal(50 points) 48.33 Experience (20 points) Understanding of Project Scope (30 points) Interview Interview (30 points) 29.67 Experience (18 points) Understanding of Project Scope (12 points) Price Price (20 points) 20 Total 98 RFP No. 1245 Business Development Services for Corpus Christi International Airport Technical Proposal Results Committee Committee Committee Firm Name Member#1 Member#2 Member#3 Average Trillion Av, LLC dba Trillion 1. jAviation 501 481 471 48.33 Interview Results Committee Committee Committee Firm Name Member#1 Member#2 Member#3 Average Trillion Av, LLC dba Trillion 1. jAviation 1301 301 291 29.66667 Pricing Points Loaded Price Firm Names with travel Points Trillion Av, LLC dba Trillion 1. lAviation Business Development $185.00 Air Service Development $185.00 Average $185.00 20 "The points are based on ---the Proposer with the lowest average price is given the full 20 points. 113S a SERVICE AGREEMENT NO. 1245 Business Development Services for f�'aanwo�alev 1852 Corpus Christi International Airport THIS Business Development Services for Corpus Christi International Airport Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Trillion Av, LLC dba Trillion Aviation ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide business development services for Corpus Christi International Airport in response to Request for Bid/Proposal No. 1245 ("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 Business Development Services for Corpus Christi International Airport ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 60 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. 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 $600,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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: Kim Bridger-Hunt, MPA Department: Corpus Christi International Airport Phone: (361 ) 289-0171 Ext. 1290 Email: KimB@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: Kim Bridger-Hunt, MPA Title: Marketing Manager Address: 1000 International Drive, Corpus Christi, TX 78406 Fax: (361 ) 826-4266 IF TO CONTRACTOR: Trillion Aviation Attn: Dan Benzon Title: President Address: 4301 W. William Cannon Dr., Suite B-150 #293, Austin, TX 78749 Fax: (877) 239-7734 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 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; 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 CONTRACTOR Signature: , G1, Printed Name: Title: [T.4 Date: 11211 CITY OF CC►RPUS 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. 1245 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. General Requirements Contractor will conduct a variety of airport-related business advisory services. Contractor will provide full service consulting that can incorporate contemporary industry accepted terms and conditions into a variety of business and air service applications that are responsive to the state of affairs of the aviation industry and applicable to the specific needs of the Corpus Christi International Airport. The Contractor's expertise will help maintain a positive financial and air service environment using industry "Best practices". Airport staff and the Contractor will develop an annual Statement of Work prior to each year of the contract. 2. Scope of Work A. Business Development and Implementation: 1 . Contractor will assist airport staff in developing future business initiatives and agreements that are in keeping with all regulatory requirements of a commercial airport and that maximize use of airport land and assets. 2. Future projects include, but are not limited to, a convenience store, hotel, possible redevelopment of the East Fixed Base Operator (FBO), development of a new aeronautical and educational facilities, and the filing and tracking of Passenger Facility Charge (PFC) application to the Federal Aviation Administration (FAA), and formation of a strategy for engagement of airline property representatives in new airline use and lease agreements. B. Air Service Development: 1 . Contractor will assist the airport staff in maintaining current air service and in securing new air service and routes. 2. Contractor will access and analyze airline and airport data to be used in evaluating specific passenger routes and will formulate a plan to address the deficiencies. 3. Contractor will develop detailed written proposals and professional presentation materials for meetings with targeted air carriers. 4. Contractor will assist the Department of Aviation in scheduling and facilitating meetings with domestic and international air carriers regarding new or improved service to the community. 5. Contractor will develop a strategy and detailed plan for reducing passenger leakage to other regional airports that are within driving distance of CCIA. 6. Contractor will develop passenger forecast analyses and prepare quarterly reports to assist aviation in future planning. 7. Contractor will assist the staff in strategies to attract new service and in communicating effectively with the various airline representatives. Page 1 of 2 C. Financial Compliance and Planning: 1 . Contractor will facilitate and assist the airport staff in non-airline revenue strategies, operational budget planning and identifying sources and uses of airport funds that comply with all applicable regulations. 2. Contractor will assist the airport in planning a multi-year finance strategy for a terminal rehabilitation project that is expected to begin in Fiscal Year 2018. 3. Contractor will assist with budget, forecasting and variances that will impact Corpus Christi International Airport as a result of a new rate model being introduced into the airline use and lease agreements that are expected to take effect in the fall 2017. Page 2 of 2 bus Attachment B: Bid/Pricing Schedule r CITY OF CORPUS CHRISTI Pricing Forma ' Aoi PURCHASING DIVISION RFP No. 1245 Business Development Services for CCIA DATE: 4 -- PAGE 1 OF 1 . _. i . PRfOPOSERL - _.�.� _�._UT AHORIZED SIGNATIf 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION UNIT HOURLY _. ._..�. _.....__. _ RATE 1.0 Hourly Rate to complete Business Development HR l Service projects 2.0 Hourly Rate to complete Air Service Development HR e projects Note: Travel expenses and materials required to complete the projects and tasks outlined in the agreed annual Statement of Work will be reimbursed at actual costs. Receipts will be required for reimbursement. i Page 1 of 1 Attachment C: Insurance and Bond Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Health Department 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 Page 1 of 3 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. 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 Page 2 of 3 • 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 - CCIA Business Development Consultant for Airport Related Business Advisory Services 09/13/2017 sw Risk Management Page 3 of 3 Attachment D: Warranty Warranty is not required for this Service. Page 1 of 1 se o� � U AGENDA MEMORANDUM Future Item for the City Council Meeting of February 20, 2018 "`1852E° Action Item for the City Council Meeting February 27, 2018 DATE: February 9, 2018 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities anG@c�cctexas.com (361) 826-1718 Interlocal Agreement for Storm Water Survey CAPTION: Resolution authorizing an Interlocal Agreement with Texas A & M University — Corpus Christi in the amount of$8,450 for a city-wide storm water survey. PURPOSE: This item is to approve the Interlocal Agreement with Texas A&M University — Corpus Christi for a stormwater survey to determine what education and outreach has been beneficial to residents and what changes need to be made to the program in the future. BACKGROUND AND FINDINGS: The TCEQ Municipal Separate Storm Sewer System (MS4) Permit requires the City of Corpus Christi to have public education program components in our Storm Water Management Plan which promotes and publicizes the public reporting of illicit discharges or improper disposal of materials including floatables into the storm water system; the proper management and disposal of used oil and household hazardous wastes; and the proper use application and disposal of pesticides herbicides and fertilizers by public commercial and private applicators and distributors to the general public and assess those educational outcomes. Stormwater surveys were conducted in 2008 and 2013 and were successful in guiding the means in which residents are educated. Data from the surveys also show the ability of education and outreach to help protect the City's MS4 and bays from stormwater pollution. ALTERNATIVES: Use City of Corpus Christi resources and funding to survey residents in understanding of Stormwater pollution prevention. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Utilities Department - Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget $49,500 $49,500 Encumbered / Expended Amount $5,699 $5,699 This item $8,450 $8,450 BALANCE $35,351 $35,351 Fund(s): Storm Water Comments: none RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Resolution authorizing an Interlocal Agreement with Texas A & M University — Corpus Christi in the amount of $8,450 for a city-wide storm water survey. WHEREAS, Section 791.035 of the Texas Government Code states that a local government and an institution of higher education or university system may contract with one another to perform any governmental functions and services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute an Interlocal Agreement with Texas A & M University- Corpus Christi for not to exceed amount of $8,450.00 for a city-wide storm water survey. A copy of the interlocal agreement is on file with the City Secretary's Office. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Mayor Joe McComb Rudy Garza Paulette Guajardo Debbie Lindsey-Opel Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY -- CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI WHEREAS, Texas A & M University -- Corpus Christi ("TAMU-CC") and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation agreement; WHEREAS, the City of Corpus Christi is required under provisions of Section 402 of the Federal Clean Water Act and Chapter 26 of the Texas Water Code to conduct public education program component in their Storm Water Management Plan promotes and publicizes the 1) public reporting of illicit discharges or improper disposal of materials including floatables into the storm water system; 2) the proper management and disposal of used oil and household hazardous wastes; and 3) the proper use application and disposal of pesticides herbicides and fertilizers by public commercial and private applicators and distributors to the general public and assess those educational outcomes. This project is established under the approval of the Federal Environmental Protection Agency and the Texas Commission on Environmental Quality to study, evaluate, or otherwise examine: i) the public benefit of the City of Corpus Christi Department of Storm Water Services educational programs for the City of Corpus Christi; ii) procedures used under the storm water education programs; iii) possible changes in or alternatives to storm water educational programs; or iv) possible changes in methods or levels of educational services under storm water education programs. WHEREAS, the project objectives include the funding of the Texas A&M University Corpus Christi Social Science Research Center conducting a web-based survey of approximately 500 respondents of Corpus Christi using an instrument that closely replicates the survey instrument utilized in the Storm Water Survey project conducted by TAM U-CC in 2013. NOW, THEREFORE, the parties hereto agree as follows: 1. PURPOSE. The purpose of this Agreement is for TAMU-CC's Social Science Research Center to conduct an anonymous random web based survey of approximately 500 respondents of Corpus Christi and compare the data to that data gathered in 2013.1 2. STATEMENT OF WORK. TAMU-CC agrees to conduct a web based survey of residents of the City of Corpus Christi regarding their knowledge, behavior and understanding of storm water issues utilizing a similar survey instrument from the Storm Water Survey Project in 2013. The principle investigator will analyze the current data, compare it to the 2013 analysis and report the findings to City management. 3. PRINCIPALS. The work will be supervised by TAMU-CC'S, Daniel J. Jorgensen, Ph.D. Professor of Public Administration. If, for any reason, he is unable to continue to serve, Page 1 of 6 and a successor(s) acceptable to both TAMU-CC and the City is riot available, this Agreement shall be terminated as provided herein. 4. PERIOD OF PERFORMANCE. The work described above shall be conducted from January 15, 2.018 through August 31, 2018, or until all required reports and data have been accepted by the City, whichever*date is earlier. 5. PRICE AND PAYMENT. a. As compensation for the performance of this Agreement, the City agrees to pay TAIVIU- CC a flat fee contract of eight thousand four hundred and fifty dollars and no cents ($8450-00). b. The parties agree the City will not pay more than 20% in in-direct costs (IDC) for this project,which is included in the $8,450 contract fee. c. Total compensation for the performance of this Agreement shall be a flat fee contract of eight thousand four hundred and fifty dollars and no cents ($8,450.00). The budget is attached as Exhibit A. d. The Par-ties agree that all expenditures under this Agreement shall be paid with current revenues of the paying party. e. The parties acknowledge that continuation of this Agreement beyond current fiscal year is subject to annual budget process and appropriation of funds. f. Compensation of eight thousand four hundred and fifty dollars ($8,450) from the City of Corpus Christi will be due to TAIVIU-CC no later than 30 days after signing this Agreement. The invoice for compensation shall be submitted to the following address: City of Corpus Christi Attn: Crystal Ybanez Storm Water Department P,O. Box 9277 Corpus Christi, TX., 78469-9277 As well as an email copy of the invoice for compensation to CrystalY@cctexas.com 6. DELIVERABLE& The deliverables required under this Agreement are: a. A file which includes data from the 2018 survey that can be read in excel form. b. A brief report of 2018 survey findings and comparison to 2013 data. The City retains ownership of all deliverables provided under this Agreement. TAMU-CC must receive permission from the City prior to using any information in any way. If Page 2 of 6 permission is granted, TAIVIU-CC must provide appropriate citation to the City of Corpus Christi as the funding source. 7. TERMINATION. Performance under this Agreement may be terminated by the City with or without cause, upon sixty days written notice. Performance may be terminated by TAIVIU-CC, if circumstances beyond its control preclude continuation of the program. Upon termination without cause, TAIVIU-CC will be reimbursed as specified in Paragraph 5 of all costs and non-cancelable commitments incurred in the performance of the program, that are reimbursable under this Agreement. 8. NOTICES. All legal notices to parties under this Agreement shall be in writing and sent to the names and addresses stated below. Either party to this the Agreement may change the name and address by written notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. TAM:U-CC Texas A & M1 University - Corpus Christi Attn:Contracts Director, or authorized designee 6300 Ocean Drive; Unit 5731 Corpus Christi, TX, 78412-5731 contrac L1cc.edL1 .".-—_..- CITY City of Corpus Christi Attn: Crystal Ybanez Storm Water Department P.O. Box 9277 Corpus Christi, TX, 78469 Telephone: 361,826.1289 CrystalY@cctexas.com Correspondence/discussion related to this project to: Texas, A&M University - Corpus Christi Attn: Dr. Daniel Jorgensen, or authorized designee 6300 Ocean Drive, BFI 348 Corpus Christi, Texas 7841,2 Telephone: (361) 825-3269 9. LIABILITY. It is understood that City shall not be liable for any claims against TAMU- CC, its employees, or third persons, other, than City's employees, for damage resulting from or arising out of the activities of TAMU-CC personnel under this Agreement, and TAIVIU-CC agrees, to the extent permitted by the laws of the State of Texas, to hold City Page 3 of 6 harmless from any and all claims. It is also understood that TAMU-CC shall not be held liable for any claims against City's employees, of damage resulting from or arising out of activities of the City, its employees, or third persons, other than TAMU-CC employees, and City agrees, to the extent permitted by the laws of the State of Texas, to hold TAMIU- CC harmless from any and all claims. Insurance. City acknowledges that, because TAMU-CC is an agency of the State of Texas, liability for the tortious conduct of the agents and employees of TAMU-CC or for injuries caused by conditions of tangible state property is provided solely by the provisions of the Texas Tort Claims Act (Texas Civil Practice and Remedies Code, Chapters 101 and 104), and that Workers' Compensation Insurance coverage for employees of TAMIJ- CC is provided by TAIVIU-CC as mandated by the provisions of Chapter 502, Texas Labor Code., TAMU-CC shall have the right, at its option, to (a) obtain liability insurance protecting TAIVILI-CC and its employees and property insurance protecting TAMU-CC's buildings and contents, to the extent authorized by Section 51.966, Texas Education Code, or other law, or (b) self-insure against any risk that may be incurred by TAIVILI-CC as a result of its operations under this Agreement. 10. INDEPENDENT CONTRACTOR. For the purposes of the Agreement and all services to be provided under this Agreement, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for, in this Agreement or authorized in writing. 1,1. AMENDMENTS AUTHORIZED. The representatives who are authorized to sign this Agreement, shall also be authorized to execute amendments to this Agreement, such as changes in deadlines and minor changes in the scope of work. 12. SEVERABILITY. If any of the provisions of this Agreement or the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the Agreement and the application of the provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent by applicable law. The City and TAMU-CC agree that this Agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention, of the stricken provision. 13. DISPUTE RESOLUTION PROCESS. The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TAMU-CC and the City to attempt to resolve any claim for breach of contract made by City that cannot be resolved in the ordinary course of business. City shall submit written notice of a claim of breach of contract under this Chapter to TAMU-CC's Director Page 4, of 6 of Contracts, or his/her authorized designee, who shall examine City's claim and any counterclaim, and negotiate with City in an effort to resolve the claim. 14. VENUE. TAMU-CC acknowledges and agrees that because this Agreement has been executed, and will be administered in Nueces County, Texas, the Agreement is to be performed in Nueces County. TAMU-CC acknowledges and agrees that any permissible cause of action involving this Agreement will arise solely in Nueces County. If a legal action related to this claim is permissible and there are two (2) or more counties of'proper venue under the rules of mandatory, general, or permissive venue, and one of the counties is Nueces County, TAMU-CC agrees to venue in Nueces County. This provision does not waive the City's sovereign immunity. 15. MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of'Texas. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representative. TEXAS A & M UNIVERSITY -- CORPUS CHRISTI By: Terry Tturn Executive Vice President for Finance & Administration Date: // I,i 11 'xt) i CITY OF CORPUS CHRISTI ATTEST By: By:_ Rebecca Huerta Margie, C. Rose City Secretary City Manager APPROVED AS TO FORM: This day of_, 2018 By. Assistant City Attorney For City Attorney Page 5 of 6 Exhibit A: Proposed Budget STORM WATER SURVEY 2018 TAMU-CC Personnel ®r, Daniel Jorgensen Salary $3,060 Fringe $765 Student Research Assistant Wage $1,800 Fringe $42 Total TAMU-CC Personnel Is $5,667 Other Costs Wets advertisement tees $1,300 Office supplies $75 Total other costs $1,375 Total Direct Costs $7,042 Indirect Costs 20%of Direct Costs $1,408 Total $8,450 Page 6 of 6 SC 00 � 0 E AGENDA MEMORANDUM NCORPORP1E Future Item for the City Council Meeting of February 20, 2018 1852 Action Item for the City Council Meeting of February 27, 2018 DATE: February 12, 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 Naval Air Station Corpus Christi (NASCC) Fence Replacement Project Military Revolving Fund CAPTION: Motion authorizing a construction contract with Clearfield Construction, LLC of San Antonio, Texas in the amount of$298,007.40 for the Naval Air Station Corpus Christi (NASCC) Fence Replacement project for Base Bid and Additive Alternate No. 1 (Military Revolving Fund) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Naval Air Station Corpus Christi (NASCC) Fence Replacement project. This project was developed under the Texas Military Value Revolving Loan Fund that provides financial assistance to defense communities in Texas to enhance value of area military bases in support of the military mission. BACKGROUND AND FINDINGS: The NASCC Fence Replacement Project is one of five area projects that were identified to use proceeds from the Texas Military Value Revolving Loan Fund. This project improves force protection and sustainability of Naval Air Station Corpus Christi (NASCC)and adjoining properties. This project was developed in partnership with NASCC. This project is being funded under the Texas Military Value Revolving Loan Fund. This fund was established by the 78th Legislature to help communities support military installations. Following the 2005 round of Base Realignment and Closure (BRAC), the City of Corpus Christi (City) received a $10,507,390 loan from the Texas Military Value Revolving Load Fund through the Texas Military Preparedness Commission (TMPC) for construction of two projects to support the military: (1) The expansion and reconstruction of Port Avenue from 1-37 to US 181, and (2) The realignment of Flour Bluff Drive and extension of Waldron Field runway. The Port Avenue project was successfully completed and came in well under budget, but the Flour Bluff/Waldron Field project was never started due to neighborhood opposition to the project. As a result, approximately $4.8 M remained unspent in the fund. In late 2014, the City met with the TMPC about repurposing these remaining funds for additional military value projects. On February 24, 2015, the City Council approved an agenda item providing for issuance of $5,090,000 in new Texas Tax Notes to replace remaining funds which were used to call for redemption of the original bond issuance. During meetings between TMPC and the City, a list of projects to support Military needs was developed. These projects include: 1. Sam Rankin Road Improvement 2. Land Acquisitions of Clear Zones, Accident Prevention Zones and Encroachments 3. NASCC South Gate Truck Lane 4. NASCC Fence Line Replacement (THIS ITEM) 5. CCIA Taxiway Expansion & Safety Enhancements The table below provides the funding status of the 5 local projects approved for the Texas Military Value Revolving Loan Fund: Military Value Revolving Probable Cost City Share POCCA STATUS Loan Funds Project List ($) ($) Share ($) NASCC Fence $500,000 $500,000 Improvements THIS ITEM S. Gate NASCC Truck 500 $1,500,000 $1, Construction 90% Insp. Staging Area ,000 Complete US Coast Guard Construction 90% - Taxiway Kilo Extension $356,353 $356,353 Combined with CCIA/FAA Taxiway project Land Acquisition $900,000 $900,000 Ongoing Sam Rankin Road Improvements $1,726,124 $1,318,030 $408,094 Complete TOTAL COST: $4,982,478 $4,574,384 $408,094 Project Scope: The NASCC Fence improvement project provides for replacement of approximately 7,000 linear feet of 7' high chain link perimeter security fence with 3-strand barbed-wire, replacement of three (3)dual swing gates, and repair of south gate from NAS Drive. Scope also includes grading and compaction to address erosion and slope protection along fence line. The construction contractor must receive all security passes and access directly with NASCC Security. NASCC Public Works will provide Supervision, Inspection and Overhead (SIOH) required for the construction phase with coordination with City Engineering Services. The SIOH services are standard with all projects on US Navy Installations. These services and cost were considered in project development and budget. The project was bid with a Base Bid plus two (2) Additive Alternatives. The Additive Alternatives provide two alternative strategies to maximize main gate repairs with a box framed cantilevered sliding gate system. The following is summary of the Base Bid and Additive Alternatives: • Base Bid— Removal and replacement of 7,000 LF chain link fence, replacement of 3 (three) swing gates and grading/compaction for slope and erosion control. • Additive Alternate No. 1 —Repair of existing aluminum box-framed cantilevered sliding gate system for proper south operation to include construction of concrete slab for installation of new monorail track wheel carriage with two new pairs of lateral post support systems with associated braces, rollers, wheels, and power-operated gate opener. • Additive Alternate No. 2 — Allows contractor recommendations for repairing existing aluminum box-framed cantilevered sliding gate system for proper operation. The contractor is required to provide schematic design and bid price for review and approval from NASCC and City. On January 10, 2018, the City received proposals from six (6) bidders and bids are as follows: Contractor Base Bid Additive Additive Base Bid Plus Alternate 1 Alternate 2 Add Alt 1 Clearfield Construction LLC. San Antonio, Texas $258,230.40 $39,777.00 No Bid $298,007.40 Four Seasons Development Co. Houston, Texas $278,700.00 $62,020.00 No Bid $340,720.00 Mako Contracting Corpus Christi, Texas $282,631.00 No Bid $160,522.00 N/A AR Energy Sinton, Texas $289,420.00 No Bid No Bid N/A AAA Time Saver Services San Antonio, Texas $338,617.00 $67,000.00 $38,052.00 $405,617.00 Abba Construction, LLC. Laredo, Texas $397,953.00 $182,250.00 $177,500.00 $580,203.00 Engineer's Opinion of Probable Construction Cost $315,834 $40,581 N/A $356,415.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: LNV is the design engineer selected through RFQ 2014-08. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2017-2018 Expenditures Budget $500,000.00 $500,000.00 Encumbered / Expended Amount This item 298,007.40 298,007.40 Future Anticipated Expenditures This 135,672.00 135,672.00 Project BALANCE $66,320.60 $66,320.60 Fund(s): Military Revolving Fund Comments: N/A RECOMMENDATION: City staff and LNV, Inc. recommend a construction contract be awarded to Clearfield Construction, LLC of San Antonio, Texas in the amount of $298,007.40 for the Naval Air Station Corpus Christi (NASCC) Fence Replacement project for base bid and additive alternate 1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Naval Air Station Corpus Christi Fence Replacement PROJECT BUDGET ESTIMATE PROJECT FUNDS AVAILABLE: Military Revolving Fund 500,000 TOTAL FUNDS AVAILABLE........................................................................ 500,000 FUNDS REQUIRED: Construction Fees....................................................................................... 327,808 Construction (Clearfield Construction, LLC.) THIS ITEM................ 298,007 Contingency (10%)................................................................... 29,801 Construction Inspection and Testing Fees........................................................ 47,875 Construction Inspection TBD...................................................... 15,000 Construction Phase - Materials Testing Services ............................ 10,000 Supervision Inspections and Overhead (NASCC)........................... 22,875 DesignFees:............................................................................................. 31,996 Engineer (LNV, Inc.)................................................................... 31,996 Reimbursements 26,000 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)... 10,000 Engineering Services (Project Mgt)............................................. 15,000 Misc. (Printing, Advertising, etc.)................................................ 1,000 TOTAL..................................................................................................... 433,679 ESTIMATED PROJECT BUDGET BALANCE.................................................. 66,321 1'WLL,LJ UMI 1�1 N OR SCALE: N.T.S. CORPUS CHRISTI SHIP CHAN � I Qom � LEOPARD 0 a Z CORPUS CHRISTI BAY @q ZO �pk/,y 286 GP 358 Q MOR 9l Op z F PROJECT LOCATION 32 MC. RO�F p<<iiygR l G�o�� s p i o pc�ti A. yp T A&M Q <<y UN SITY O� Q 358 Z COR CHRISTI Z C DD �SgRgTOcq��m Qr� �RO�F CABANISS Gj Z OSO BAY RPUS CHRISTI FIELD <v Q AL AIR STATION Q� O Q� FLOUR FF �o 358 286 p`rp ��O L Q z J� 0, e- � YOR�O kN LAGUNA LOCATION MAP n IIAnor NOT TO SCALE Project Number: E17008 NASCC Fence Replacement CITY COUNCIL EXHIBIT Project CITY OF CORPUS CHRISTI,TEXAS J DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering Naval Air Station Corpus Christi Fence Replacement Council Presentation February 20, 2018 r �9))) Project Location Corpus CNr'stl Engineering s� N 3 SCALE'.N.T.S. a NASCC FENCE yy° REPLACEMENT PROJECT ° CORPUS CHRISTI M° DD _ e 'UcA s � OSO BAY rv°v`nW.,iF`T�''�ir,+ 4 FLOUR L 7lWo 356 0 0� v� _.... � u LAGUNA MADRE Project Vicinity ?\ Corpus erw » @m©mm > y N \. \ � Project Scope °U i Engineering This project includes: • Fence and gate posts in concrete footings. • 7' tall chain-link fence with three (3) strands of barbed wire extension • Minor storm water improvements • Tie-into existing storm drain • Minor erosion / sediment mitigation • Fill in washout / rip-rap d Project Schedule °U� Corpus Chr'sti Engineering i N D J F M A M J Bid/Award Projected Schedule reflects City Council award in February 2018 with anticipated completion in June 2018. January 16, 2018 Jeffery Edmonds, Director of Engineering City of Corpus Christi Engineering Services Department Corpus Christi, TX 78401 RE: Project No. E17008 ENGINEERING Selection of a General Contractor for NASCC Fence Replacement SERVICES Mr. Edmonds: PO Box 9277 Corpus Christi Engineering Services received six(6)proposals from bidders Wednesday, 10 Jan.2018. Texas 78469-9277 Phone 361-826-3500 Staff subsequently reviewed for accuracy and compliance with the bid documents. The Fax 361-880-3501 apparent low bidder is CLEARFIELD Construction, LLC. of San Antonio, TX. www.cctexas.com CLEARFIELD Construction, LLC. submitted all required documents and 120101Leopard St. Traffic2Engineering acknowledged all requests as set forth in the bid documents prepared by LNV, Inc. L Corpus Christi Based on review of all documents and submitted references, CLEARFIELD Texas 78401 Construction, LLC. has the qualifications, relevant experience, and capabilities to Phone 361-826-3547 perform the work. Fax 361-826-3545 Traffic Signals Therefore, city staff recommends the construction contract award to CLEARFIELD 2525 Hygeia St. CONSTRUCTION, LLC of San Antonio, TX, in the total amount of$298,007.40 for Corpus Christi the NASCC — Fence Replacement, Project No. E17008, Base Bid plus Additive Texas 78415 Alternative No. 1. By obligation of their bid, they have also agreed to substantial Phone 361-826-1610 Fax 361-826-4274 completion of the project within 98 days of receipt of the notice to proceed to complete the project. Construction Inspection 4917 Holly Rd.,Bldg.5 Should you have any questions or require any additional information,please feel free Corpus Christi to contact me. Texas 78411 Phone 361-826-3555 Fax 361-826-3520 Respectfully, Jerry Shoemaker,P.E., Senior Program Manager Engineering Services Department