Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 06/19/2018 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 II cctexas.com Meeting Agenda - Final-revised City Council Tuesday,June 19,2018 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 ingl6s es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle. C. Pledge of Allegiance to the Flag of the United States to be led by Rudy Bentancourt, Director of Housing/Community Development. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0723 Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. CITY PERFORMANCE REPORT- FIRE DEPARTMENT b. STRATEGIC FUTURE ISSUES City of Corpus Christi Page 1 Printed on 6/18/2018 City Council Meeting Agenda-Final-revised June 19,2018 C. OTHER G. MINUTES: 2. 18-0721 Regular Meeting of June 12, 2018. Attachments: Minutes-June 12, 2018 H. BOARD &COMMITTEE APPOINTMENTS: 3. 18-0677 Airport Board Corpus Christi Convention and Visitors Bureau Corpus Christi Regional Transportation Authority Human Relations Commission Attachments: Airport Board Corpus Christi Convention and Visitors Bureau Corpus Christi Regional Transportation Authority Human Relations Commission I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. City of Corpus Christi Page 2 Printed on 6/18/2018 City Council Meeting Agenda-Final-revised June 19,2018 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 - 22) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 18-0630 Five-year contract for access to the DSHS Vital Event Electronic Registration System for issuing birth certificates for the period of 9/1/18 through 8/31/23 Motion authorizing a five-year contract with the Department of State Health Services (DSHS) to provide the Corpus Christi-Nueces County Public Health District access to the DSHS Vital Event Electronic Registration System to issue individual birth certificates for $1.83 per printed record. Attachments: Agenda Memo (Req.to Approve DSHS VEER Contract No. HHSREV10000081 DSHS-CCNCPHD Remote Birth Cert. Access Contract (No. HHSREV10000081 5. 18-0562 One-Year Supply Agreement for the purchase of firefighting clothing for Fire Department Resolution authorizing the purchase of firefighting clothing for a one-year supply agreement with Casco Industries, Inc., Houston, Texas for a total amount not to exceed $174,679.10, with two one year options for a total potential multi-year amount of$524,037.30. Attachments: Agenda Memo-Firefighting Clothing Resolution -Firefighting Clothing Price Sheet- Firefighting Clothing City of Corpus Christi Page 3 Printed on 6/18/2018 City Council Meeting Agenda-Final-revised June 19,2018 Supply Agreement-Firefighting Clothing 6. 18-0599 Two, three-year service agreements for mowing street right-of-ways for Flour Bluff Groups FB1 and FB3 Motion authorizing two, three-year service agreements with CML Services, LLC of Corpus Christi, Texas, for mowing and grounds maintenance services for street right-of-ways for Flour Bluff groups FB1 and FB3 for a total amount not to exceed of$135,684. Attachments: Agenda Memo-Mowing and Grounds Maint Svc for Street ROW FB1 and FB3 Bid Tabulation- Mowing and Grounds Maint Svc for Street ROW FB1 and FB3.) Service Agreement 1349- Mowing and Grounds Maint Svc of Street ROW FB1 Service Agreement 1512- Mowing and Grounds Maint Svc of Street ROW FB3 7. 18-0644 Amendment for Meal Delivery Service Agreement Motion approving Third Amendment to Meal Delivery Service Agreement with R&R Delivery Service for 3 months in estimated amount of $107,305.14. Attachments: Agenda Memo- Meal Delivery Service Agreement Amendment Meal Delivery Service Amdmt 3 05-15-2018 8. 18-0646 Work Gloves 36-month Supply Agreement Motion authorizing a 36-month supply agreement with Gulf Coast Nut & Bolt, LLC, of Corpus Christi, Texas, for Work Gloves for various departments for a total amount not to exceed $237,739.11. Attachments: Agenda Memo-Work Gloves Bid Tab- Work Gloves.pdf Supply Agreement -Work Gloves.pdf 9. 18-0613 Purchase of Nine Mini Excavators for Utilities Department Motion authorizing the purchase of nine mini excavators from Doggett Heavy Machinery Services of Corpus Christi, Texas, via BuyBoard cooperative, for a total amount of$378,115.00. Attachments: Agenda Memo-Mini Excavators for Utilities Department Price Sheet- Mini Excavators for Utilities Department 10. 18-0563 Resolution for a One-Year Supply Agreement for Ecosorb for Greenwood Wastewater Treatment Plant Resolution authorizing a one-year supply agreement with OMI Industries from Long Grove, Illinois for the purchase of Ecosorb 505 for a total amount of$111,331.75. City of Corpus Christi Page 4 Printed on 6/18/2018 City Council Meeting Agenda-Final-revised June 19,2018 Attachments: Agenda Memo- Ecosorb 505 Resolution Sole Source - Ecosorb 505 Price Sheet- Ecosorb 505 Supply Agreement- Ecosorb 505 11. 18-0635 Master Services Agreement for Citywide Storm Water Infrastructure Motion authorizing a Master Services Agreement (MSA) with LJA Engineering of Corpus Christi, Texas in the amount of$500,000 for Citywide Storm Water Infrastructure Rehabilitation/Replacement project. Attachments: Executive Summary - MSA w LJA for Storm Water(18-0635) Item Detail -MSA w LJA for Storm Water(18-0635) Prosect Budget-Citywide Storm Water Infrastructure Rehab Master Services Agreement-Citywide Storm Water Infrastructure Rehab Location Map-Citywide Storm Water Infrastructure Rehab Presentation -Citywide Storm Water Infrastructure Rehab 12. 18-0636 Resolution to execute construction contract for the JC Elliott Landfill Site Improvements project Resolution rejecting the apparent low bid of Abel's Paving & Construction as non-responsive and authorizing execution of a construction contract with Bridges Specialties, Inc. as the lowest responsive bidder in the amount of$394,545.05 for the JC Elliott Landfill Site Improvements project. Attachments: Executive Summary -Construction Contract JC Elliot Site Improvements (18-06 Item Detail -Construction Contract JC Elliott Improvements (18-0636) Resolution -Skipping low bidder as non-responsive JC Elliott Site Improvement! Letter of Recommendation -JC Elliot Site Improvements.pdf Prosect Budget-JC Elliot Site Improvements.xlsx Location Map-JC Elliot Site Improvements.pdf Presentation -JC Elliot Site Improvements 5-21-18.pptx 13. 18-0597 Purchase of Refuse and Recycling Carts for Solid Waste Motion authorizing the purchase of refuse and recycling carts from Cascade Engineering of Grand Rapids, Michigan, via Houston-Galveston Area Cooperative, in the total amount of$120,019.20. Attachments: Agenda Memo-Carts for Solid Waste Operations Price Sheet-Carts for Solid Waste 14. 18-0642 Resolution for Renewal of Service Agreement with Sprout Social for an Integrated Social Media Platform City of Corpus Christi Page 5 Printed on 6/18/2018 City Council Meeting Agenda-Final-revised June 19,2018 Resolution finding that the renewal of a service agreement with Sprout Social, Inc. for the Communication Department is a sole source procurement; and authorizing a one-year renewal with Sprout Social Inc. for $15,300, with an option to extend for an additional one-year term, for a total renewal amount not to exceed $30,600. Attachments: Agenda Memo- Resolution for Renewal of Sprout Social Subscription Resolution Sprout Social Service Agreement No. 57196-signed by vendor only Approved Sole Source -2018 15. 18-0176 Second Reading Ordinance - Lease Agreement for Helicopter Air Tours at The Water's Edge (1st Reading 1/12/18) Ordinance authorizing a 17-month lease agreement with Espejo Helicopters, LLC for use of area of The Water's Edge Park located along Shoreline Blvd. near Kinney Street to conduct helicopter air tours with monthly rent payment of five percent of gross revenues. Attachments: Agenda Memo- Espeio Helicopter 2018 Ordinance for Espeio Helicopter Lease v2 Presentation Espeio Helicopters, LLC Site Safety Plan for Espeio Helicopters Espeio Rack Cards Signed Espeio WatersEdge Lease 16. 18-0668 Second Reading Ordinance - Rezoning property located at or near 6665 Lipes Boulevard. (3/4 Vote Required) (Reconsideration Item from 5/8/18) (1st Reading 6/12/18) Case No. 0218-01 Dorsal Development, LLC.: Ordinance rezoning property at or near 6665 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Planning Commission and Staff Recommendation (March 21, 2018): Approval of the change of zoning from "FR" to the "RM-1". Attachments: Agenda Memo 0218-01 Dorsal Development LLC Ordinance 0218-01 Dorsal Development, LLC with Exhibit CC Report 0218-01 Dorsal Development, LLC. with Exhibits Presentation 0218-01 Dorsal Development, LLC 17. 18-0536 Second Reading Ordinance - Establishing a Flood Hazard Mitigation Information Committee (1st Reading 6/12/18) Ordinance amending the Corpus Christi Code to establish Flood Hazard Mitigation Information Committee. City of Corpus Christi Page 6 Printed on 6/18/2018 City Council Meeting Agenda-Final-revised June 19,2018 Attachments: Agenda Memo- Flood Hazard Mitigation Committee Ordinance - Flood Hazard Mitigation Committee Presentation - Flood Hazard Mitigation Committee 18. 18-0659 Second Reading Ordinance -Amending City Code to adopt TCEQ standards for inspection and testing of backflow preventer assemblies for residential irrigation systems (1st Reading 6/12/18) Ordinance amending Corpus Christi Code to adopt Texas Commission on Environmental Quality regulations for the inspection and testing of backflow preventer assemblies for residential irrigation systems; and providing for penalty. Attachments: Agenda Memo TCEQ Backflow Assembly Testing Ordinance - Backflow TCEQ standards Presentation -TCEQ Backflow Assembly Testing 19. 18-0663 Second Reading Ordinance - Closing of two utility easements located at 14229 Northwest Boulevard (1st Reading 6/12/18) Ordinance abandoning and vacating a 15-foot utility easement (2,033-square feet) and abandoning and vacating a 10-foot utility easement (1,355-square feet) out of Taylor's Best Plaza Block 1 Lot 2, located at 14229 Northwest Boulevard; and requiring the owner, MTM Northwest Management, Ltd., to comply with the specified conditions that include the dedication of a new 15-foot utility easement (2,199-square feet). Attachments: Agenda Memo-Taylors Best Easement Closure 5-29-18 Ordinance Easement Closures and Dedication of New MTM Northwest Mgmt Lt Presentation-TaylorBest Easement Closure 6-4-18 20. 18-0626 Second Reading Ordinance - Five-Year Lease for Lichtenstein House (1st Reading 6/12/18) Ordinance approving a five- year lease with the Instituto de Cultura Hispanica for Lichtenstein House at 1616 N. Chaparral Street, for monthly rent of$365. Attachments: Agenda Memo- Updated Lichtenstein House Lease 2018 Ordinance as amended - Instituto 06-12-2018 Amended Lease - Instituto de Cultura Hispanica 06-12-2018 21. 18-0634 Second Reading Ordinance - Lease Agreement Extension for Lake Corpus Christi Campground (1st Reading 6/12/18) Ordinance authorizing lease extension with Kamping Pleasures, Inc. for up to 6 months to operate a 40-acre campground on Lake Corpus Christi, for City of Corpus Christi Paye 7 Printed on 6/18/2018 City Council Meeting Agenda-Final-revised June 19,2018 $1500 monthly rent or 8% of gross sales, whichever is greater. Attachments: Agenda Memo Kamping Pleasures 6 mos extensionm Ordinance for Kampinq Pleasures Lease 6 month extension Lease-Amendment 6 mo Kampinq Pleasures 22. 18-0641 Second Reading Ordinance -Appropriating funds and authorizing a six-month service agreement for document imaging of vital records (1st Reading 6/12/18) Ordinance appropriating $250,000 from the Vital Statistics Record Retention Committed Fund Balance in the General Fund; amending the budget; and authorizing a six-month service agreement with MCCi, of Tallahassee, Florida, for document imaging of vital records for the Corpus Christi-Nueces County Public Health Disrict for a total amount not to exceed $250,000, via BuyBoard cooperative. Attachments: Agenda Memo-Document Imaging Ordinance - Document Imaging Price Sheet-Document Imaginq.xlsx Service Agreement-Document Imaging L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 23 - 24) 23. 18-0665 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 4821 Ayers Street Case No. 0418-01 4821 Avers, LLC. & Tawil Enterprises, LLC: Ordinance rezoning property at or near 4821 Ayers Street from "IL" Light Industrial District to the "CG-2" General Commercial District. Planning Commission and Staff Recommendation (May 2, 2018): Approval of the change of zoning from the "IL" to "CG-2". Attachments: Agenda Memo 0418-01 4821 Avers, LLC. &Tawil Enterprises, LLC Ordinance 0418-01 4821 Avers, LLC. &Tawil Enterprises, LLC with Exhibits CC Report 0418-01 4821 Avers, LLC. &Tawil Enterprises, LLC with Exhibits Presentation 0418-01 4821 Avers, LLC. &Tawil Enterprises, LLC 24. 18-0724 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 4001 Leopard Street Case No. 0418-02 Corpus Christi's Limousine's Unlimited, Inc.: Ordinance rezoning property at or near 4001 Leopard Street from "CG-2" City of Corpus Christi Paye 8 Printed on 6/18/2018 City Council Meeting Agenda-Final-revised June 19,2018 General Commercial District to the "IL" Light Industrial District.(3/4 vote required) Planning Commission and Staff Recommendation (May 2, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof approval of: Ordinance rezoning property at or near 4001 Leopard Street from "CG-2" General Commercial district to "CG-2/SP" General Commercial District with a Special Permit Attachments: Agenda Memo 0418-02 Corpus Christi Limousines Unlimited, Inc. Ordinance Special Permit 0418-02 Corpus Christi Limousines Unlimited, Inc. w Ordinance 0418-02 Corpus Christi Limousines Unlimited, Inc. with Exhibits CC Report 0418-02 Corpus Christi Limousines Unlimited, Inc. Presentation 0418-02 Corpus Christi Limousines Unlimited, Inc. N. REGULAR AGENDA: (ITEMS 25 - 26) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 25. 18-0633 Second Reading Ordinance - Lease Agreement with the U.S. Coast Guard for a parking lot and storage area at the Corpus Christi International Airport (1st Reading 6/12/18) Ordinance authorizing a lease with the U.S. Coast Guard for 1.61 acres to construct a parking lot and storage area at Corpus Christi International Airport, with a term of up to five years, in exchange for a monthly lease payment of$469.69. Attachments: Agenda Memo- USCG Parking Storage Ordinance - Land Lease vFina12 Land Lease Final as of 20180612(Amended Lease) Land Lease Final as of 20180529 Exhibit A 26. 18-0640 Amendment No. 1 to a professional services contract for the Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control project Motion authorizing Amendment No. 1 to a professional services contract with Hazen and Sawyer of Corpus Christi, Texas in the amount of $612,500 for a total restated fee of$661,800 for the Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control project. (Capital Improvement Program - CIP). Attachments: Executive Summary -Greenwood WWTP (18-0640) Item Detail -Greenwood WWTP Dissolved Air(18-0640) City of Corpus Christi Page 9 Printed on 6/18/2018 City Council Meeting Agenda-Final-revised June 19,2018 Project Budget-Greenwood WWfP Hazen Sawyer Amd 1 Location Map-Greenwood WWfP Hazen Sawyer Amd 1 Presentation -Greenwood WWfP Hazen Sawyer Amd 1 Amendment 1 -Greenwood WWfP Hazen Sawyer signed.pdf O. FIRST READING ORDINANCES: (ITEMS 27 -30) 27. 18-0682 First Reading Ordinance -Accepting and Appropriating a Regional grant to support the Web Based Emergency Operations Center (WebEOC) Ordinance authorizing acceptance of grant from Coastal Bend Regional Advisory Council (CBRAC) in amount of$15,000 for City's WebEOC operations; and appropriating $15,000 from CBRAC into No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for City's WebEOC. Attachments: Agenda Memo-CBRAC grant Ordinance -CBRAC grant 28. 18-0638 First Reading Ordinance -Accepting and appropriating State grant for Immunization/Locals Grant Program for the contract period September 1, 2018 through August 31, 2019 Ordinance accepting grant from the Texas Department of State Health Services for the Immunization/Locals Grant Program in the amount of $241,637.00 and appropriating $70,000.00 in estimated program income. Attachments: Agenda Memo-Immunizations Grant 9-1-2018 to 9-1-2019Cc)6-11-2018 Ordinance - IMM Grant (9-1-2018 to 9-1-2019)CcY)6-11-2018 IMM Grant No. HHS00011400001 (9-1-2018 to 9-1-2019)-Approved by City Leg 29. 18-0689 First Reading Ordinance -Accepting and appropriating State grant amendment for Tuberculosis Prevention and Control services for the contract period of September 1, 2018 through August 31, 2019 Ordinance authorizing an amendment to the Tuberculosis Prevention and Control-State (TB/PC-STATE) grant contract in the amount of$61,645.00 with a City match of$12,329.00 to provide tuberculosis prevention and control services. Attachments: Agenda Memo-TB State Grant (9-1-2018 to 9-1-2019)C@6-8-2018 Ordinance-TB State Grant Contract No. 537-18-0032-0001 Amend. 1 (9-1-2018 TB State Contract No. 537-18-0032-0001 [Amend. No. 1149-1-2018 to 9-1-2019 30. 18-0542 First Reading Ordinance -Appropriating funds and authorizing execution of Advance Funding Agreement for Region-wide Bike Boulevard Wayfinding Initiative City of Corpus Christi Page 10 Printed on 6/18/2018 City Council Meeting Agenda-Final-revised June 19,2018 Ordinance appropriating into Street CIP Fund and changing the Capital Improvement Program Budget by $418,000 and authorization to execute an Advance Funding Agreement with the Texas Department of Transportation for the Region-wide Bike Boulevard Wayfinding Initiative with the City's contribution of$64,500. Attachments: Executive Summary -AFA Region-Wide Bike Boulevard (18-0542) Item Detail -AFA Region-wide Bike Boulevard (18-0542) Ordinance - Region Wide Bike Boulevard Wayfinding.docx Presentation - Region Wide Bike Boulevard Wayfinding Advance Funding Agreement- Region Wide Bike Boulevard Wayfinding.pdf Location Map- Region Wide Bike Boulevard Wayfinding.ndf P. FUTURE AGENDA ITEMS: (ITEMS 31 - 39) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 31. 18-0664 Purchase of Tasers for Police Department Resolution authorizing a five-year supply agreement for the purchase of Tasers from Axon Enterprise, Inc. of Scottsdale, Arizona, for a total amount of$260,000. Attachments: Agenda Memo-Tasers for Police Department Resolution -Tasers for Police Department Price Sheet-Tasers for Police Department Supply Agreement-Tasers for Police Department 32. 18-0648 Service Agreement for the Purchase and Installation of MetroCom 911 Dispatch Consoles Motion authorizing the purchase and installation of MetroCom911 Dispatch Consoles, with a one-year service agreement for $305,346 from Russ Bassett of Whittier, California, via Houston-Galveston Area Council Cooperative. Attachments: Agenda Memo- Dispatch Consoles for MetroCom 911 PD Price Sheet- Dispatch Consoles for MetroCom PD Service Agreement- Dispatch Consoles for MetroCom 911 PD 33. 18-0688 Resolution authorizing submission of 6 grant applications for State Homeland Security Program and Law Enforcement Terrorism Activity. Resolution authorizing submission of 6 grant applications to the Office of the Governor for State Homeland Security Program and Law Enforcement City of Corpus Christi Page 11 Printed on 6/18/2018 City Council Meeting Agenda-Final-revised June 19,2018 Terrorism Activity. Attachments: Agenda Memo- Resolution (6 Grant Applications) Resolution -SHSP-LETPA Grants-2018 34. 18-0662 Playground Equipment and Installation at Ben Garza Park, Moody Park and South Bluff Park Motion authorizing an eight-month service agreement for the purchase and installation of playground equipment at Ben Garza Park, Moody Park and South Bluff Park from GameTime by Total Recreation Products, Inc. of Cypress, Texas via U.S. Communities Cooperative for a total amount not to exceed $222,281.91. Attachments: Agenda Memo CDBG parks Ben Garza Park Moodv Park South Bluff Park Price Sheet- Plavground Equipment and Installation for Ben Garza, Moodv and Service Agreement 1718 Plavground Equipment and Installation for Ben Garza Service Agreement 1719 Plavground Equipment and Installation for Moodv Par[ Service Agreement 1720 Plavground Equipment and Installation for South Bluff 35. 18-0720 Supply Agreement Amendment No. 3 for Liquid Aluminum Sulfate Motion authorizing Amendment No. 3 to Supply Agreement No. 1072 with Chemtrade Chemicals US, LLC of Parsippany, New Jersey, for the purchase Liquid Aluminum Sulfate for the Utilities Department, for a total increased amount not to exceed $63,180 and a restated total not to exceed $3,363,260. Attachments: Agenda Memo- Liquid Aluminum Sulfate Amendment 3 -Liquid Aluminum Sulfate 36. 18-0717 Amendment No. 1 to a professional services contract for Whitecap Wastewater Treatment Plant Odor Control, Process & Bulkhead Improvements (Capital Improvement Program -CIP) Motion authorizing Amendment No. 1 to a professional services contract with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $229,110 for a total restated fee of$278,596 for Whitecap Wastewater Treatment Plant Odor Control, Process & Bulkhead Improvements for design, bid and construction phase services. (Capital Improvement Program - CIP) Attachments: Executive Summary -Amnd 1 Whitecap WWTP Odor Control (18-0661).docx Item Detail -Amnd 1 Whitecap WWTP Odor Control (18-0661).docx Location Map-Whitecap WWTP Odor Control. Process &Bulkhead Improveme Project Budget -Whitecap WWTP Odor Control, Process&Bulkhead Improyen Whitecap WWTP Amendment No. 1 signed Presentation -Whitecap WWTP Odor Control, Process & Bulkhead Improvemer City of Corpus Christi Page 12 Printed on 6/18/2018 City Council Meeting Agenda-Final-revised June 19,2018 37. 18-0088 Professional Services Contract Amendment No. 1 for Old Broadway Wastewater Treatment Plant Decommissioning (Capital Improvement Program) Motion authorizing Amendment No. 1 to the professional services contract with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of $290,447 for a total restated fee of$881,334 for the Old Broadway Wastewater Treatment Plant Decommissioning. (Capital Improvement Program - CIP) Attachments: Executive Summary -Old Broadway WWTP Decommissioning Item Detail -Old Broadway WWTP Decommissioning Prosect Budget-Old Broadway WWTP Deco mission ing.xlsx Location Map-Old Broadway WWTP Decommissioning.pdf Contract-Old Broadway WWTP Decommissioning Presentation 38. 18-0698 Resolution for a Three-Year Service Agreement for Dumpster Collection Services Resolution authorizing a three-year service agreement with K2 Waste Solutions, LLC, dba Killian Calderon Disposal, of Corpus Christi, Texas for dumpster collection services for a total amount not to exceed $269,293.14. Attachments: Agenda Memo- Dumpster Collection Services RFB 1594 Resolution -Dumpster Collection Services- RFB 1594 Bid Tabulation- Dumpster Collection Services RFB 1594 Service Agreement 1594- Dump ter Collection Services 39. 18-0645 Service Agreement for Legislative Management Software (Granicus) Motion approving a three year Service Agreement for Legislative Management Software (Granicus) with Carahsoft Technology Corporation of Reston, Virginia for a total not to exceed amount of$222,682.62, procured in accordance with the Texas Department of Information Resources contract. Attachments: Agenda Memo- Legislative Management Software (002) Service Agreement 1098-Agenda Management Software Signed 05-11-2018 Q. BRIEFINGS: (ITEM 40 -42) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 40. 18-0736 Caravel Replica Nina Ship Ownership Attachments: Agenda Memo-Caravel Replica Nina City of Corpus Christi Page 13 Printed on 6/18/2018 City Council Meeting Agenda-Final-revised June 19,2018 Presentation -Caravel Replica Nina Ship 41. 18-0741 Discussion regarding the makeup and functionality of the Type A and Type B Boards. 42. 18-0742 Hillcrest Washington-Coles Voluntary Acquisition and Relocation Program Update from Sean Strawbridge, Chief Executive Officer for the Port of Corpus Christi (*This item will be presented at approximately 12:30 pm) Attachments: Agenda Memo- Port- Hillcrest Washington-Coles Relocation R. EXECUTIVE SESSION: (ITEMS 43 -45) 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. 43. 18-0669 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning claims, pending litigation, potential settlement, attorney's fees, and/or other potential legal matters regarding lawsuit of Ray Rosas, Virginia Rosas, Individually and on Behalf of Brenda Rosas, Isabel Rocha Andjose Maria Pena, vs. The City of Corpus Christi, Andy Trevino, Justin Sanders, Adam Villarreal, Ross Murray, Heriberto Martinez, Michael Landino, RogerAreva/o, Yezenia Banue/os and John Villarreal and other lawsuits against the City and the City's officers and employees. 44. 18-0693 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. 45. 18-0743 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights at or in the vicinity of Parker Pool and/or 654 Graham Road in Corpus Christi, Texas, and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights at or in the vicinity of the aforementioned locations) because deliberation in City of Corpus Christi Page 14 Printed on 6/18/2018 City Council Meeting Agenda-Final-revised June 19,2018 an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 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 15 Printed on 6/18/2018 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday,June 12,2018 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 11:34 a.m. B. Invocation to be given by Pastor Steve Sorenson, Bridgeway Church. Pastor Steve Sorenson gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Belinda Mercado, Director of Information Technology. Director of Information Technology Belinda Mercado 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: Interim City Manager Keith Selman, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Everett Roy,Council Member Lucy Rubio, and Council Member Greg Smith E. Proclamations /Commendations 1. Proclamation declaring June 9-19, 2018, "153rd Anniversary of the Juneteenth Celebration, the Spirit of Emancipation Days". Proclamation declaring June 12, 2018, "Women Veterans Day". Proclamation declaring June 17, 2018 "National Garbage Worker Day", and June 17-24, 2018, "National Garbage Worker Week". Commendation for Ester Bernice Chatman Pollard, M.D. - Celebration of 30-Years Practicing Medicine at Coastal Bend Oncology Hematology. Mayor McComb presented the proclamations and commendation. 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. Sherry Sells, 5014 Wingfoot,thanked Officer Cantu and the Solid Waste Department for addressing illegal dumping complaints and spoke regarding permits for ADA ramps. Bob Huff, 5818 St.Andrews Drive,spoke regarding Code Enforcement enforcing trash violations in the City. Mike Ryan, 6634 Hunt Drive,spoke regarding the Police Department's response to a vandalism incident that occurred on South Fork Drive during the Memorial Day weekend. Tina Butler, 1450 Cambridge Drive,extended an invitation to the City Council and the public to attend "Juneteenth in the Crest"on Saturday,June 16,2018 from 9:00 a.m.to 9:00 p.m. at the Dr. H.J.Williams Memorial Park located at 2500 Nueces Street. Adam Carrington, 2949 Riverbend Court; Gloria Randall Scott,4422 S.Alameda; Errol Summerlin, Citizens Alliance for Fairness and Progress; and Lamont Taylor, 701 Stillman,spoke regarding the following issues in the Hillcrest community: concern with the possible closure of the Oveal Williams Senior Center; increased property taxes; Animal Care Services addressing the increase in loose animals and rodents; increased vandalism; the lack of lighting in the area;the cutting down of trees; asbestos control; and neglecting the neighborhood. Rick Milby,4412 High Ridge Drive,thanked Police Chief Mike Markle and the Police Department for addressing the removal of graffiti damage at the CC Prayer Chapel construction site. Patricia City of Corpus Christi Page 2 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 Polastri, 1605 Ocean Drive,spoke in opposition to the new landscaping placed in the median on Ocean Drive because it attracted roaches and rodents and asked the City to reduce the number of palm trees in the area. Lisa Orsborn Hernandez, 5826 Llano Drive, spoke regarding the following topics:the City Council conducting a search for a new City Manager;the appointment made by Interim City Manager Keith Selman of Police Chief Mike Markle to Interim Assistant City Manager; proposed budget cuts to Parks and Recreation; and tax abatement agreements. Mimosa Thomas, 710 Ponder Street, spoke regarding: in opposition to the proposed closure of the Oveal Williams and Broadmoor Senior Centers; requesting that the City Council submit a letter from the City of Corpus Christi requesting that entities in the City's industrial districts pay their share of taxes or donate funds to help keep senior centers, parks and libraries open. Colin Sykes, 309 Aberdeen, requested that the City Council support the U.S. Conference of Mayor's position regarding the Clean Power Act and the Paris Climate Accord and spoke regarding banning plastic bags. Sylvia Campos,4410 Fir,spoke regarding the following:the increase in rates impacting attendance at Parks and Recreation's summer camps;the appointment of Police Chief Mike Markle to Interim Assistant City Manager over the Parks and Recreation Department; and proposed budget cuts to recreation centers.Jim Klein, 3501 Monterrey, asked the City Council to reconsider the increases in summer latchkey program fees and requested that the Oveal Williams Senior Center remain open. Mayor McComb requested that Interim City Manager Keith Selman provide a report to the City Council regarding utilization of Parks and Recreation programs. Emily Munoz, 315 Rosebud, spoke regarding concerns related to the Parks and Recreation's proposed budget cuts and in opposition to the proposed closure of Broadmoor and Oveal Williams Senior Centers. Julie Rogers, 710 Furman, requested that the City of Corpus Christi submit a letter requesting that the entities in the City's industrial districts pay their share of taxes. Andrea Montalvo-Hamid, 7030 Wakeforest, spoke regarding the following: proposed budget cuts to the Parks and Recreation budget;the proposed closure of the Broadmoor Senior Center; and the submission of a letter by the City of Corpus Christi requesting that the entities in the City's industrial districts pay their share of taxes. Susie Luna Saldana,4710 Hakel,spoke regarding the following: the utilization of Oveal Williams Senior Center; requesting that entities in the industrial districts provide/donate funding; in support of the appointment of Police Chief Mike Markle as Interim Assistant City Manager; and the decisions regarding the budget being made by the City Council. Margareta Fratila, 3606 Tripoli,spoke regarding the enforcement of street signs and numbers on homes. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. Interim City Manager Keith Seliman reported on the following topics: d. OTHER 1) The 2018 Storm Expo event will be held Saturday,June 16,2018 at the American Bank Center in preparation for hurricane season.2)The Office of Emergency Management is in the City Hall atrium today passing out information related to hurricane season. 3) The Development Services Department is hosting two workshops that are free to homeowners interested in doing construction in their homes. The sessions will be held on Friday,June 15,2018 and Tuesday,July 10,2018 at the Ben F. McDonald Public Library City of Corpus Christi Page 3 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 located at 4044 Greenwood Drive. 4) Lake Corpus Christi and Choke Canyon are at 40%combined capacity. Stage 1 of the Drought Contingency Plan will likely be implemented tomorrow,June 13,2018. The following measures will be in effect: lawn watering will be limited to once per week before 10:00 a.m. and after 6:00 p.m.; hand watering is allowed at any time using a shut off nozzle; foundations can be watered once a week with a hand hose; and during this stage, commercial car washes and landscaping nurseries are not affected. Stage 1 will be terminated when the combined capacity of Lake Corpus Christi and Choke Canyon is over 50%. 5)Interim City Manager Selman recognized the following City employees: Battalion Chief Tony Perez and Firefighter II EMS Michael Macias for receiving the lifesaving award and Gloria Posada, IT Business Analyst III, for receiving the IT Support and Services Award at the 2018 Digital Government Summit Best of Texas Awards. BRIEFINGS: (ITEM 35) 35. Gulf Coast Growth Ventures Mayor McComb deviated from the agenda and referred to Item 35. Rob Tully, Gulf Coast Growth Venture Executive, stated that the purpose of this item is to provide an update on the status of the Gulf Coast Ventures project. Mr. Tully presented the following information:the company's pledge to the community; a project overview;the projected economic impact; the project timeline;the company's commitment to safety; construction milestones;the Good Neighbor Program; local hiring,education, and workforce development; quality of life and community involvement; and environmental protection. Mr. Tully announced his retirement and introduced his replacement Paul Guilfoyle. Council members and Mr. Tully discussed the following topics: local education and workforce development through Del Mar College or the Craft Training Center; individuals interested in careers in the trade industry must pass a drug test; and growth of the region to build and sustain industry. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb deviated from the agenda and returned to City Manager's Comments. a. CITY PERFORMANCE REPORT OVERVIEW Interim City Manager Keith Selman introduced Steve Klepper with the Office of Strategic Management who provided a brief overview of the City Performance Report(CPR)including:the update to the CPR to include 14 departments; how to find the CPR on the City's website;the conceptual foundation and components of the CPR; and continued improvements. A council member asked questions regarding departments embracing the use of the CPR performance measures and the software. b. BUDGET UPDATE Director of Management and Budget Eddie Houlihan provided a brief update on the FY2017-2018 budget. Mr. Houlihan presented the following information: City of Corpus Christi Page 4 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 general fund revenues related to property, sales, and other taxes, franchise fees, Solid Waste Services,emergency calls, and recreation services; expenditures; and a summary of the revenues and expenditures for the General, Enterprise, Internal Service, Debt Service, and Special Revenue Funds. Council members and staff discussed the following topics: increased sales tax as a result of Hurricane Harvey;the sales tax budgeted for the current fiscal year and the projected sales tax for next fiscal year; clarification regarding summer programs through the Parks and Recreation Department; comments made during public comment regarding the decrease in participation in summer programs; providing factual information during public comment when the public makes inaccurate statements;the use of unanticipated revenue in the general fund to balance the budget; and a review of wastewater rate calculations. C. STRATEGIC FUTURE ISSUES None. G. MINUTES: 2. Regular Meeting of May 22, 2018 and Workshop Session of May 17, 2018. Mayor McComb deviated from the agenda and referred to approval of the minutes. Council Member Rubio made a motion to approve the minutes,seconded by Council Member Lindsey-Opel and passed unanimously. R. EXECUTIVE SESSION: (ITEM 38) Mayor McComb deviated from the agenda and referred to Executive Session Item 26. The Council went into executive session at 2:13 p.m. The Council returned from executive session at 3:30 p.m. 38. Executive Session pursuant to Section Texas Government Code § 551.071and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the provision of incentives pursuant to any previously executed or proposed economic development/ business incentive agreement(s) between the City and/or related entities and Upper Padre Partners, LP, Gulf Shores Ventures, and/or North Padre Waterpark Holdings, Ltd. and/or past or present affiliates, creditors or shareholders of any of the aforesaid entities, possible development agreements or other funding mechanisms related to the construction of Park Road 22 bridge and related infrastructure, including, but not limited to, bridges, culverts, canals, sewers, mains, lift stations, pump stations, revetments, pilings, and ditches, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to business prospect(s) City of Corpus Christi Page 5 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). This E-Session Item was discussed in executive session. L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 38. H. BOARD &COMMITTEE APPOINTMENTS: 3. Civil Service Commission Civil Service Board Corpus Christi Regional Transportation Authority Crime Control and Prevention District Leadership Committee for Senior Services Sister City Committee Mayor McComb deviated from the agenda and referred to board and committee appointments. The following appointments were made: Civil Service Commission/Civil Service Board Council Member Molina made a motion to appoint Gerald Avila(Regular)to the Civil Service Commission and the Civil Service Board,seconded by Council Member Hunter and passed unanimously. Corpus Christi Regional Transportation Authority-rescheduled for 6/19/18 Crime Control and Prevention District Council Member Molina made a motion to appoint Sylvia A. Tryon-Oliver (Council Member Everett Roy's Representative),seconded by Council Member Lindsey-Opel and passed unanimously. Leadership Committee for Senior Services Council Member Garza made a motion to appoint John Meehleib(Community Representative),seconded by Council Member Molina and passed unanimously. Sister City Committee Council Member Garza made a motion to appoint Gargi Bhowal (Corpus Christi Chamber of Commerce), seconded by Council Member Lindsey-Opel and passed unanimously. City of Corpus Christi Page 6 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 12) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. There were no comments from the Council or the public. A motion was made by Council Member Molina, seconded by Council Member Hunter, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 4. Agreement with United Corpus Christi Chamber of Commerce to support the South Texas Military Facilities Task Force Motion to authorize execution of an agreement with the United Corpus Christi Chamber of Commerce to support the operations, activities, and tasks of the South Texas Military Facilities Task Force during Fiscal Year 2018 not to exceed $75,000. This Motion was passed on the consent agenda. Enactment No: M2018-091 5. Three Professional Service Contracts for Pre-design to 100% certain proposed Bond 2018 street projects Resolution supporting the use and commitment of necessary funding of $5 million in remaining Bond 2014, Proposition One Proceeds and authorization to execute Professional Services Contracts with Freese and Nichols of Corpus Christi, Texas in the amount of$823,700 for Everhart Road from SPID to Holly Road; LNV, Inc. of Corpus Christi, Texas in the amount of$792,940 for Holly Road from Paul Jones to Rodd Field Road; Munoz Engineering of Corpus Christi, Texas in the amount of $449,172 for Slough Road from Rodd Field Road to Dead End. This Resolution was passed on the consent agenda. Enactment No: 031445 6. Purchase of Seven Heavy-duty Freightliner Trucks for Utilities City of Corpus Christi Page 7 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 Motion authorizing the purchase of seven heavy-duty Freightliner trucks from Houston Freightliners of Houston, Texas, via Houston Galveston Area Council cooperative, for a total amount of$1,291,346.00. This Motion was passed on the consent agenda. Enactment No: M2018-092 7. Two-year Service Agreement for Uniform Rental for the Utilities Department Motion authorizing a two-year service agreement for uniform rental for utilities department with Cintas Corporation from Corpus Christi, Texas, via U.S. Communities cooperative, for a total amount not to exceed $130,027.64. This Motion was passed on the consent agenda. Enactment No: M2018-093 8. Three-year Supply Agreement for the purchase of hip and knee boots Motion authorizing a three-year supply agreement with Northern Safety and Industrial, of Corpus Christi, Texas, for the purchase of hip and knee boots for a total amount not to exceed $191,691.75. This Motion was passed on the consent agenda. Enactment No: M2018-094 9. Three-year Service Agreement for Mary Rhodes Phase 2 Pumps and Motors with Two, One-year options Motion authorizing a three-year service agreement with Smith Pump Company, Inc., of Austin, Texas, for maintenance services for Mary Rhodes Phase 2 pumps & motors for a total amount not to exceed $636,717.00, with two one-year options for a total potential multi-year amount of$1,061,195.00. This Motion was passed on the consent agenda. Enactment No: M2018-095 10. Second Reading Ordinance - Refunding Acreage/Lot Fees Paid (1st Reading 5/22/18) Ordinance refunding $13,006.92 from Wastewater Trunk System Trust Fund to John and Elizabeth Butler. This Ordinance was passed on second reading on the consent agenda. City of Corpus Christi Page 8 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 Enactment No: 031446 11. Second Reading Ordinance - Request for exemption from Wastewater Lot or Acreage Fees for property located west of Manning Road, north of State Highway 44 (1st Reading 5/22/18) Ordinance exempting Lot 1, Block 1, STEPS Terminal from payment of wastewater lot or acreage fees conditioned upon a Sanitary Sewer Connection Agreement. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031447 12. Second Reading Ordinance - Closing of a utility easement located at 3801 Woodhouse (1st Reading 5/22/18) Ordinance abandoning and vacating 0.0090 acre (393 square feet) of an existing electrical easement out of Grange Park Subdivision Unit 1, Lot 1A Block 1, located at 3801 Woodhouse and requiring the owner, Grangefield Development, LLC., to comply with the specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031448 M. PUBLIC HEARINGS: (ITEMS 13 - 15) 13. Public Hearing and First Reading Ordinance - Lease Agreement for Helicopter Air Tours at The Water's Edge Ordinance authorizing a 17-month lease agreement with Espejo Helicopters, LLC for use of area of The Water's Edge Park located along Shoreline Blvd. near Kinney Street to conduct helicopter air tours with monthly rent payment of five percent of gross revenues. Mayor McComb referred to Item 13. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to approve a lease agreement with Espejo Helicopters, LLC for use of areas located at The Water's Edge Park to conduct helicopter air tours. Mayor McComb called for a recess to load a presentation at 3:41 p.m. Mayor McComb reconvened the Council meeting at 3:44 p.m. Mr. Ellington presented the following information:the terms of the agreement; primary use times and hours of operation;the location at The Water's Edge Park; pictures of the helicopter unit;safety zone and temporary fencing; and the services provided. Mr. Ellington introduced Espejo Helicopters, LLC representatives Chelsea Craig, Public Relations Manager, Thomas A. Gates, Jr., Owner, and pilot Austin Lebamoff. City of Corpus Christi Page 9 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 Council members and staff discussed the following topics: concerns regarding noise; council members related their personal experiences on the helicopter tour;the helicopter tours bringing a unique opportunity to the City; background information on the pilot's experience;the number of employees manning the area; passengers'ability to take photographs; language in the contract related to flights for City use; hours of operation;the number of helicopter rides per day; how the revenue will be tracked in the general fund; concerns from the public regarding the location of the helicopter site in the park; consideration of other locations; and safety concerns. Mayor McComb opened the public hearing. Cheryl Robertson, 823 Water Street, expressed concerns regarding the noise and location of the helicopter. Mayor McComb closed the public hearing. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 14. Public Hearing and First Reading Ordinance - Rezoning property located at or near 6665 Lipes Boulevard. (3/4 Vote Required) (Reconsideration Item from 3/24/18) Case No. 0218-01 Dorsal Development, LLC.: Ordinance rezoning property at or near 6665 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Planning Commission and Staff Recommendation (March 21, 2018): Approval of the change of zoning from "FR" to the "RIM-11". Mayor McComb referred to Item 14. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for the construction of an apartment complex. Ms. Nixon-Mendez stated that this item was reconsidered by the City Council at the May 8, 2018 Council meeting. Ms. Nixon-Mendez provided the following information: an aerial overview of the subject property;the zoning pattern for the area; and the schools and multifamily uses in the area. Ms. Nixon-Mendez 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 public. Mayor McComb closed the public hearing. A council member explained his decision to reconsider the zoning change to multifamily based on walkability and availability of student housing near the new Del Mar College campus. Council Member Lindsey-Opel made a motion to approve the ordinance, City of Corpus Christi Page 10 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 15. Public Hearing and First Reading Ordinance - Rezoning property at or near 6502 and 6630 Agnes Street Case No. 0318-02 Hooten Family Trust A: Ordinance rezoning property at or near 6502 and 6630 Agnes Street from "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions. Planning Commission and Staff Recommendation (April 18. 2018): Approval of the change of zoning from "IL" to "IL/SP". Mayor McComb referred to Item 15. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone property at or near 6502 and 6630 Agnes Street. Ms. Nixon-Mendez stated that the applicant is requesting that the City Council table this item to the June 26,2018 Council meeting to work on additional language clarifications to the recommended conditions. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Lindsey-Opel made a motion to table this item,seconded by Council Member Hunter. This item was tabled 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 Roy, Council Member Rubio and Council Member Smith Abstained: 0 N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 16 -22) 16. First Reading Ordinance - Establishing a Flood Hazard Mitigation Information Committee Ordinance amending the Corpus Christi Code to establish Flood Hazard Mitigation Information Committee. Mayor McComb referred to Item 16. Director of Development Services Nina City of Corpus Christi Page 11 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 Nixon-Mendez stated that the purpose of this item is to amend the City's Code of Ordinances to establish a Flood Hazard Mitigation Information Committee. The Community Rating System is a voluntary incentive program of the National Flood Insurance program and provides flood insurance premium discounts for going beyond minimum standards. The City of Corpus Christi is currently a Class 7 which provides for a 15% discount in a special flood hazard area and 5%to all other flood insurance policies. The Flood Hazard Mitigation Information Committee will develop and maintain the Program for Public Information and Flood Insurance Coverage Improvement that will yield increased credits for the Community Rating System. There were no comments from the public. Council members and staff discussed the following topics:the composition of the committee; representation from the industry; consideration to combine the Flood Hazard Mitigation Information Committee with another committee;the timeline for the committee; if the committee will be a standing committee;to whom the committee will report;funding for the communication component; the number of points earned for creating the committee; the final appeal maps; and the number of credits the City needs to drop to Class 6 and its effect on premiums. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 17. First Reading Ordinance -Amending City Code to adopt TCEQ standards for inspection and testing of backflow preventer assemblies for residential irrigation systems Ordinance amending Corpus Christi Code to adopt Texas Commission on Environmental Quality regulations for the inspection and testing of backflow preventer assemblies for residential irrigation systems; and providing for penalty. Mayor McComb referred to Item 17. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to amend the City's Code of Ordinances by revising Sections 14-281 and 14-291 to align the testing and certification of backflow prevention assemblies for residential irrigation systems with Texas Commission on Environmental Quality(TCEQ)standards. There were no comments from the public. Council members and staff discussed the following topics: reducing the number/frequency of inspections on irrigation systems; TCEQ standards; permitting required for repairs to irrigation systems; concerns regarding risk; and communication to the public. Council Member Garza made a motion to approve the ordinance,seconded by City of Corpus Christi Page 12 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Nay: 1 - Council Member Rubio Abstained: 0 18. First Reading Ordinance - Closing of two utility easements located at 14229 Northwest Boulevard Ordinance abandoning and vacating a 15-foot utility easement (2,033-square feet) and abandoning and vacating a 10-foot utility easement (1,355-square feet) out of Taylor's Best Plaza Block 1 Lot 2, located at 14229 Northwest Boulevard; and requiring the owner, MTM Northwest Management, Ltd., to comply with the specified conditions that include the dedication of a new 15-foot utility easement (2,199-square feet). Mayor McComb referred to Item 18. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to vacate and abandon two utility easements located out of Taylor's Best Plaza to facilitate proposed future construction on the site. Ms. Nixon-Mendez presented the following information: an aerial overview of the subject property;the location of the existing utility easements and proposed closure; and the proposed future property layout. There were no comments from the Council or the public. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Molina Abstained: 0 19. First Reading Ordinance - Five-Year Lease for Lichtenstein House Ordinance approving a five- year lease with the Instituto de Cultura Hispanica for Lichtenstein House at 1616 N. Chaparral Street, for monthly rent of$365; with option to extend for up to three five-year terms at monthly rent $435 in second five-year term, $485 in third five-year term, and $600 in fourth five-year term. Mayor McComb referred to Item 19. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to approve a five-year lease agreement with the Instituto de Cultura Hispanica for the Lichtenstein House at Heritage Park with options to extend for up to three five-year terms. There City of Corpus Christi Page 13 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 were no comments from the public. Council members and staff discussed the following topics:the current rental payments;the City's responsibility to pay for water and sewer service, maintain grounds, and structural repairs; if the Lichtenstein House is covered under the City's insurance; consideration to amend the ordinance to remove the options to extend the lease agreement; and the termination clause. Council Member Smith made a motion to amend the ordinance by removing the extension options,seconded by Council Member Hunter and passed unanimously. Council Member Smith made a motion to approve the ordinance as amended, seconded by Council Member Guajardo. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 MOTION OF DIRECTION Council Member Smith made a motion directing the Interim City Manager to establish a consistent leasing policy for all leases of structures in Heritage Park,seconded by Council Member Guajardo and passed unanimously. A brief discussion ensued regarding the following topics:the City creating a property management position,through contract or in-house, to manage the business management of City facilities; review of fair market value for City facilities; providing an opportunity for all non-profits to participate in the leasing of property; and review of City leases to require that tenants be responsible for repair and maintenance of the facility. 20. First Reading Ordinance - Lease Agreement Extension for Lake Corpus Christi Campground Ordinance authorizing lease extension with Kamping Pleasures, Inc. for up to 6 months to operate a 40-acre campground on Lake Corpus Christi, for $1500 monthly rent or 8% of gross sales, whichever is greater. Mayor McComb referred to Item 20. Executive Director of Utilities Dan Grimsbo stated that the purpose of this item is to authorize a lease extension with Kamping Pleasures, Inc. for up to 6 months to operate a 40-acre campground on Lake Corpus Christi,for$1500 monthly rent or 8% gross sales. The current lease agreement expires July 18, 2018 and an extension is needed to allow staff to finalize the terms of the new lease. There were no comments from the public. Council members and staff discussed the following topics: how the market value for the campgrounds was determined;the structures on the City of Corpus Christi Page 14 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 campgrounds; and the lessee being responsible for all campground improvements and maintenance,with no expense by the City. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 21. First Reading Ordinance - Lease Agreement with the U.S. Coast Guard for a parking lot and storage area at the Corpus Christi International Airport Ordinance authorizing a lease with the U.S. Coast Guard for 1.61 acres to construct a parking lot and storage area at Corpus Christi International Airport, with a term of up to five years, in exchange for a monthly lease payment of$469.69. Mayor McComb referred to Item 21. Director of Aviation Fred Segundo stated that the purpose of this item is to authorize a lease with the United States Coast Guard for 1.61 acres to construct an additional parking lot and storage area at the Corpus Christi International Airport, with a term of up to five years with a monthly lease payment of$469.69. The fees are in accordance with the Federal Aviation Compliance Manual. The fair market pricing of the airport land has been determined by an outside appraisal firm using comparables for airport properties. There were no comments from the public. Council members and staff discussed the following topics:whether the City would allow the same pricing for a fixed-based operator for 1.61 acres at the airport; the various appraisal categories for airport property; the lease terms; and setting a new market value on the property at the end of the lease. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 22. First Reading Ordinance -Appropriating funds and authorizing a six-month service agreement for document imaging of vital records Ordinance appropriating $250,000 from the Vital Statistics Record City of Corpus Christi Page 15 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 Retention Committed Fund Balance in the General Fund; amending the budget; and authorizing a six-month service agreement with MCCi, of Tallahassee, Florida, for document imaging of vital records for the Corpus Christi-Nueces County Public Health Disrict for a total amount not to exceed $250,000, via BuyBoard cooperative. Mayor McComb referred to Item 22. Director of Public Health Annette Rodriguez stated that the purpose of this item is to appropriate$250,000 from the Vital Statistics Record Retention Committed Fund Balance in the General Fund, and authorizing a six-month service agreement with MCCi for document imaging of vital records for the Corpus Christi-Nueces County Public Health District. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 23 - 34) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff was providing information on Item 33.A council member requested information on Item 25. 23. Five-year contract for access to the DSHS Vital Event Electronic Registration System for issuing birth certificates for the period of 9/1/18 through 8/31/23 Motion authorizing a five-year contract with the Department of State Health Services (DSHS) to provide the Corpus Christi-Nueces County Public Health District access to the DSHS Vital Event Electronic Registration System to issue individual birth certificates for$1.83 per printed record. This Motion was recommended to the consent agenda. 24. One-Year Supply Agreement for the purchase of firefighting clothing for Fire Department Resolution authorizing the purchase of firefighting clothing for a one-year supply agreement with Casco Industries, Inc., Houston, Texas for a total amount not to exceed $174,679.10, with two one year options for a total potential multi-year amount of$524,037.30. This Resolution was recommended to the consent agenda. City of Corpus Christi Page 16 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 25. Two, three-year service agreements for mowing street right-of-ways for Flour Bluff Groups FB1 and FB3 Motion authorizing two, three-year service agreements with CML Services, LLC of Corpus Christi, Texas, for mowing and grounds maintenance services for street right-of-ways for Flour Bluff groups FB1 and FB3 for a total amount not to exceed of$135,684. This Motion was recommended to the consent agenda. 26. Amendment for Meal Delivery Service Agreement Motion approving Third Amendment to Meal Delivery Service Agreement with R&R Delivery Service for 3 months in estimated amount of $107,305.14. This Motion was recommended to the consent agenda. 27. Work Gloves 36-month Supply Agreement Motion authorizing a 36-month supply agreement with Gulf Coast Nut & Bolt, LLC, of Corpus Christi, Texas, for Work Gloves for various departments for a total amount not to exceed $237,739.11. This Motion was recommended to the consent agenda. 28. Purchase of Nine Mini Excavators for Utilities Department Motion authorizing the purchase of nine mini excavators from Doggett Heavy Machinery Services of Corpus Christi, Texas, via BuyBoard cooperative, for a total amount of$378,115.00. This Motion was recommended to the consent agenda. 29. Resolution for a One-Year Supply Agreement for Ecosorb for Greenwood Wastewater Treatment Plant Resolution authorizing a one-year supply agreement with OMI Industries from Long Grove, Illinois for the purchase of Ecosorb 505 for a total amount of$111,331.75. This Resolution was recommended to the consent agenda. 30. Amendment No. 1 to a professional services contract for the Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation &Odor Control project Motion authorizing Amendment No. 1 to a professional services contract City of Corpus Christi Page 17 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 with Hazen and Sawyer of Corpus Christi, Texas in the amount of $612,500 for a total restated fee of$661,800 for the Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control project. (Capital Improvement Program - CIP). This Motion was recommended to regular agenda. 31. Master Services Agreement for Citywide Storm Water Infrastructure Motion authorizing a Master Services Agreement (MSA) with LJA Engineering of Corpus Christi, Texas in the amount of$500,000 for Citywide Storm Water Infrastructure Rehabilitation/Replacement project. This Motion was recommended to the consent agenda. 32. Resolution to execute construction contract for the JC Elliott Landfill Site Improvements project Resolution rejecting the apparent low bid of Abel's Paving & Construction as non-responsive and authorizing execution of a construction contract with Bridges Specialties, Inc. as the lowest responsive bidder in the amount of$394,545.05 for the JC Elliott Landfill Site Improvements project. This Resolution was recommended to the consent agenda. 33. Purchase of Refuse and Recycling Carts for Solid Waste Motion authorizing the purchase of refuse and recycling carts from Cascade Engineering of Grand Rapids, Michigan, via Houston-Galveston Area Cooperative, in the total amount of$120,019.20. This Motion was recommended to the consent agenda. 34. Resolution for Renewal of Service Agreement with Sprout Social for an Integrated Social Media Platform Resolution finding that the renewal of a service agreement with Sprout Social, Inc. for the Communication Department is a sole source procurement; and authorizing a one-year renewal with Sprout Social Inc. for $15,300, with an option to extend for an additional one-year term, for a total renewal amount not to exceed $30,600. This Resolution was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 36) 36. John W. Cunningham Water Plant: Request for Interest City of Corpus Christi Page 18 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 Mayor McComb referred to Item 36. Director of Planning &ESI Daniel McGinn stated that the purpose of this item is to discuss the possible reuse of the John W. Cunningham Water Plant. The plant is currently vacant and is in poor condition. Staff has been discussing options for the site including demolition or redevelopment. The purpose of a Request for Interest(RFI)is to provide all interested parties an opportunity to submit a Letter of Interest for the acquisition or redevelopment of the property, allowing the City to identify a developer(s)with the commitment and development concept that is most satisfactory to the City. Mr. McGinn presented the following information: background regarding the facility; a site map; history on John W. Cunningham; a video displaying the interior and exterior of the plant buildings; examples of other Texas Power Plant reuse projects; a conceptual rendering; and next steps. Council members and staff discussed the following topics:the conceptual plan for the plant;examples of other reuse projects in communities;verification that the City does not have a developer or pre-conceived notion for the property; how information that is received will be managed; if the RFI could lead to a Request for Proposal (RFP)or can the City negotiate with a developer through the RFI process; if the City has intakes located on the property; consideration to salvage parts of the buildings should the City decide to demolish the property; how the RFI will be marketed; and a request from a council member that staff contact Alyssa Barrera, Downtown Management District, and/or Iain Vasey, Corpus Christi Regional Economic Development Corporation, regarding networking with developers that are interested in this type of project. MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing the Interim City Manager to move forward with the RFI for the John W. Cunningham Water Plant,seconded by Council Member Guajardo and passed unanimously. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. The following topics were identified: an update from the Port of Corpus Christi regarding the Northside/Hillcrest Area, including plans for real estate; and a discussion on the composition of the Type A and Type B Corporations. R. EXECUTIVE SESSION: (ITEMS 37, 39 -40) Mayor McComb referred to Executive Session Items 37, 39, and 40. The Council went into executive session at 6:09 p.m. The Council returned from executive session at 8:02 p.m. City Secretary Rebecca L. Huerta stated that Council Member Molina recused himself from the discussion on Item 39. 37. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to 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, City of Corpus Christi Page 19 Printed on 6/15/2018 City Council Meeting Minutes June 12,2018 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 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 prospects. This E-Session Item was discussed in executive session. 39. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the municipal solid waste system service charge, Section 21-47 et seq. of the Corpus Christi Code of Ordinances, state, federal, and local regulation of solid waste disposal and transportation, and federal and state constitutional provisions related to flow control, land development, and municipal charges and fees. This E-Session Item was discussed in executive session. 40. 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. T. ADJOURNMENT The meeting was adjourned at 8:04 p.m. City of Corpus Christi Page 20 Printed on 6/15/2018 City Of Corpus Christi AIRPORT BOARD BOARD DETAILS SeatsSIZE 10 The Airport Board advises the City TERM LENGTH 3 Years Council concerning matters relating to the aviation interests of the City of Corpus OVERVIEW TERM LIMIT 6 YearsChristi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Ten (10)members appointed by the City Council for three-year staggered terms. F-�'kCREATION/AUTHORITY Section 2 175, Code of Ordinances;Ord. Nos. 17012,4 28 82; 17748,7 27 83; DETAILS 19829, 7-07-87;20327,5-24-88;021661,5-25-93; 023755,8-31-99. ............................................................................................................................................................................................................................................................................................................................... MEETS 3rd Wednesday of every month,3:30 p.m., International Airport Board Room. ............................................................................................................................................................................................................................................................................................................................... TERM DETAILS Three-year staggered terms. .............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Aviation .............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION AIRPORT BOARD Page 1 of 1 Airport Board Members June 19, 2018 One(1)vacancy with term to 6/13/19 as an Ex-Officio,Non-Voting member.(Historically,the practice has been to appoint Advisory Non-Voting members to a one-year term.) Board Name �; � '. . *Donald M.Feferman AIRPORT BOARD Seeking Reappointment District 4 Partial 6/13/18 78%7/9(2 exc.) Luis F. Buentello AIRPORT BOARD Active District 5 1 4/4/20 Paul A.Cameron,Jr. AIRPORT BOARD Active District 4 1 4/4/21 Curtis Clark AIRPORT BOARD Active District 5 2 4/4/21 Mary Helen Dunnam AIRPORT BOARD Active District 4 2 4/4/19 Alex Garcia,Jr. AIRPORT BOARD Active District 5 2 4/4/19 Harold Kaff ie,Jr. AIRPORT BOARD Active District 4 2 4/4/20 Jon Reily AIRPORT BOARD Active District 5 1 4/4/20 Karl Tomlinson AIRPORT BOARD Active District 4 1 4/4/19 Robert Williams AIRPORT BOARD Active District 5 2 4/4/20 Joseph Wise AIRPORT BOARD Active District 4 2 4/4/21 * Ex-Officio,Non-Voting Member City Of Corpus Christi CORPUS CHRISTI CONVENTION & VISITORS BUREAU BOARD DETAILS The Corpus Christi Convention &Visitors Bureau solicits SIZE 13 Seats various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year- TERM LENGTH 2 Years to promote the City as a year-round destination;to design and implement an advertising campaign with state, OVERVIEW TERM LIMIT 6 Years national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings;to provide support services to conventions in Corpus Christi;to operate visitor information centers;to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Thirteen (13)members selected directly by the City Council.The members shall F-�Ik be representatives of the following groups:3-hotel industry;3-attraction industry;2-restaurant industry;and 5-community at-large.The Mayor and City Manager,or their designees,shall serve as ex-officio non-voting members of the Board.In addition,the Council will appoint a representative from the Port of DETAILS Corpus Christi Authority,a representative from the Regional Transportation Authority,a representative from the C.C. International Airport and a State Legislature Affairs representative to serve as ex-officio advisory non-voting members.Appointments will be for two-year staggered terms.No person may serve as a voting member for a period longer than six years consecutively,unless such service is required by virtue of the person's position or title or to complete an unexpired term. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Motion No.2006-209,7/11/06; Motion No.2006-243,7/25/06; Motion No.2010- 282, 11/16/10; Motion No.2013-028,2/12/13; Motion No.2014-155, 11/18/14; Amended By-Laws,8/31/17. ............................................................................................................................................................................................................................................................................................................................. MEETS 3rd Thursday of every month, 12:00 p.m., Bay Building, 101 N.Shoreline,Ste. 430. ................................................................................................................................................................................................................................................................ TERM DETAILS Two-year staggered terms. ............................................................................................................................................................................................................................................................_._.._.._. DEPARTMENT Convention and Visitors Bureau OTHER INFORMATION CORPUS CHRISTI CONVENTION & VISITORS BUREAU Page 1 of 1 Corpus Christi Convention and Visitors Bureau June 19,2018 Three(3)vacancies,one with term to 30/1/18 representing the following categories: 1-Community At-Large,1-Port of C.C.Authority(Ex-Officio,Non-voting)and 1-Regional Transportation Authority(Ex-Officio,Non- voting). (The Corpus Christi Convention and Visitors Bureau is recommending the new appointment of Christina Cisneros(Community At-Large)or Libby Averyt(Community At-Large).)(Staff is recommending the postponement of the Port of C.C.Authority and Regional Transportation Authority for further recruitment.) Darcy L.Schroeder CORPUS CHRISTI CONVENTION&VISITORS BUREAU Resigned District 2 3 10/01/18 Regular Member Community At-Large Vacant CORPUS CHRISTI CONVENTION&VISITORS BUREAU Vacant District 5 N/A N/A Ex-Officio,Non-voting Port of C.C.Authority Vacant CORPUS CHRISTI CONVENTION&VISITORS BUREAU Vacant N/A N/A Ex-Officio,Non-voting Regional Transportation Authority Terri Adams CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active Other/Non-Resident 2 10/01/38 Regular Member Attraction Industry James Kunau CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 5 2 10/01/18 Chair Attraction Industry Johnny Philipello CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 1 10/01/19 Regular Member Attraction Industry Ed Cantu CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 5 1 10/01/38 Regular Member Community At-Large Lynn Frazier CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 1 1 10/01/19 Regular Member Community At-Large Ken W.Griffin CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active Other/Non-Resident 3 10/01/18 Regular Member Community At-Large James Needham CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 3 10/01/38 Regular Member Community At-Large Raju G.Bhagat CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 1 Partial 10/01/19 Regular Member Hotel Industry Kendra L.Kinnison CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 1 10/01/19 Regular Member Hotel Industry Melody Nixon-Bice CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 5 2 10/01/19 Vice-Chair Hotel Industry Jason Rodriguez CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 2 10/01/38 Regular Member Restaurant Industry Fred F.Soward,Ill. CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 1 10/01/19 Regular Member Restaurant Industry Fred Segundo CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting C.C.International Airport Keith Selman CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting City Manager Debbie Lindsey-Opel CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 N/A N/A Ex-Officio,Non-voting Mayor Joe McComb's Rep. State Legislature Affairs CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting State Legislature Affairs Corpus Christi Convention and Visitors Bureau Applicants June 19,2018 Libby Avery[ CORPUS CHRISTI CONVENTION&VISITORS BUREAU District United Way of the Coastal Bend 46598 Everhart Road Corpus Christi TX Community At-Large Kaushik Bhakta CORPUS CHRISTI CONVENTION&VISITORS BUREAU District L2 Hospitality,Inc 4639 Corona Dr Suite 55 Corpus Christi TX Hotel Industry,Community At-Large Pramit Bhakta CORPUS CHRISTI CONVENTION&VISITORS BUREAU District Comfort Suites TAMUCC 1814 Ennis Joslin Rd Corpus Christi TX Hotel Industry,Community At-Large Christina A.Cisneros CORPUS CHRISTI CONVENTION&VISITORS BUREAU District CITGO 1802 Nueces Bay Blvd. Corpus Christi TX Community At-Large Fernando Fernandez,Jr. CORPUS CHRISTI CONVENTION&VISITORS BUREAU District Flour Bluff ISD 2505 Waldron Rd. Corpus Christi TX Attraction Industry,Community At-Large Sylvia Ford CORPUS CHRISTI CONVENTION&VISITORS BUREAU District Self Corpus Christi TX Community At-Large Stephanie M.Garcia CORPUS CHRISTI CONVENTION&VISITORS BUREAU District House of Rock 511 Starr Street Corpus Christi TX Restaurant Industry,Community At-Large Robbin Goodman CORPUS CHRISTI CONVENTION&VISITORS BUREAU District TPCO America Corporation 5431 Hwy 35 Gregory TX Community At-Large Brad Kisner CORPUS CHRISTI CONVENTION&VISITORS BUREAU District4 First United Methodist Church 900 S.Shoreline Blvd. Corpus Christi TX Communiry At-Large *James S.Kruse CORPUS CHRISTI CONVENTION&VISITORS BUREAU District Texas A&M University-Corpus Christi 6300 Ocean Dr.,O'Connor Bldg#365 Corpus Christi TX Community At-Large Michelle M.Maresh-Fuehrer CORPUS CHRISTI CONVENTION&VISITORS BUREAU District Texas A&M University-Corpus Christi 6300 Ocean Drive Unit 5722 Corpus Christi TX Community At-Large Edwin A McCampbell,Ill. CORPUS CHRISTI CONVENTION&VISITORS BUREAU District American Bank 800 N.Shoreline Suite 100 Corpus Christi TX Community At-Large Jason Page CORPUS CHRISTI CONVENTION&VISITORS BUREAU District Self Employed Photographer Corpus Christi TX Communiry At-Large "Josh Richline CORPUS CHRISTI CONVENTION&VISITORS BUREAU District Richline Technical Services 114 Mesquite St Corpus Christi TX Restaurant Industry,Community At-Large 'Application is more than a year old.Attempts to contact applicant via phone and email made,with no response. "Application is more than a year old.Interest re-confirmed on 6-15-18. CITY OF CORPUS CHRISTI Submit Date: Sep 02, 2017 Application for a City Board, Commission, Committee or Corporation Profile Libby Averyt Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 31 years If yes,how many years? Primary Phone Alternate Phone United Way of the Coastal Bend Chief Development Officer Employer Job Title 46598 Everhart Road Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Libby Averyt Page 1 of 5 78411 Work Address-Zip Code libby.averyt@gmail.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) United Corpus Christi Chamber of Commerce Board of Directors Why are you interested in serving on a City board, commission or committee? My recent career change allows me to serve in capacities such as this, and after living in Corpus Christi 31 years, I believe I can be of service. I love Corpus Christi and the Coastal Bend and am an attentive and hard-working board member. Averyt resume.docx Upload a Resume Demographics Gender 9 Female Libby Averyt Page 2 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Libby Averyt Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Libby Averyt Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the Above Libby Averyt Page 5 of 5 Libby Averyt Business experience United Way of the Coastal Bend • Chief Development Officer, April 2017-present. Responsible for all fund- raising activities and all development and communications staff. Corpus Christi Caller-Times • President, January 2013-February 2017. Chief executive overseeing all business operations with additional responsibilities for news organizations in Abilene, San Angelo and Wichita Falls. • Vice President of Advertising, December 2009-December 2013. Oversee all advertising revenue, including print and online, and advertising department operations. • Online General Manager/Vice President, July 2008-December 2009. Oversee online production, content and sales. • Editor/Vice President, July 2003 to July 2008. Responsible for all news operations. • Managing Editor, September 2000 to July 2003. • Metro Editor, Assistant Metro Editor, Reporter, June 1986-September 2000. Texas A&M University-Corpus Christi • Adjunct instructor, Reporting and News-gathering, August 2012-December 2012. Education Bachelor of journalism, The University of Texas, 1986. Master of Arts in Communication, Texas A&M University-Corpus Christi, 2012. Journalism awards • Scripps Howard Foundation National Journalism Awards, the Edward Willis Scripps Award for Distinguished Service to the First Amendment, 1990, for being jailed on contempt charges after refusing to testify about unpublished information. • Newspaper of the Year, Texas Associated Press Managing Editors Association, five times in six years while leading the newsroom. • Headliners Club of Austin, Headliners Master Award for Investigative Report of the Year, reported and led team of reporters, 1998. • Texas Associated Press Managing Editors Association, Sweepstakes Award, 1998; First Place, team effort, 1998; First Place, Feature Series, 1998; First Place, Freedom of Information, 1990; numerous second place and honorable mentions. • Numerous honors from other organizations such as Texas Council on Family Violence, Dallas Press Club, Texas Bar Association, Texas Medical Association. Professional and leadership • Texas Press Association, Legislative Action Committee, 2014-present. • Pulitzer Prizes in Journalism, nominating juror, February 2009, March 2010. • Freedom of Information Foundation of Texas, board member, 2003-2009. • Women Business Leaders Summit in Amman, Jordan, sponsored by the U.S. State Department, 2007. • William Randolph Hearst Visiting Fellow in Residency Program, University of Texas, February 1993. • Knight Center of Specialized Journalism, fellowship in court reporting, University of Maryland, 1991. Community involvement and honors • United Corpus Christi Chamber of Commerce, Board of Directors, 2014- present. • Charlie's Place Recovery Center, Board of Directors, 2015-2017. • Texas State Aquarium, Board of Directors, 2014-2017. • United Way of the Coastal Bend, Board of Directors, 2014-2017. • American GI Forum, Standing up for Veterans banquet honoree, 2014. • LULAC Council No. 1, Leadership Award, 2014. • NAACP, Leadership Award, 2014. • Texas A&M University-Corpus Christi, Outstanding Alumnus, 2014. • Commencement speaker, Texas A&M University-Corpus Christi, May 2012. • South Texas Public Broadcasting, Board of Directors, 2011-May 2015. • Muscular Dystrophy Association, Leadership Award, January 2007. • Council on Alcohol and Drug Abuse-Coastal Bend, board member a/past president, 2003-2007. • YWCA of Corpus Christi, Y Women in Careers Awards, 1996. Personal • Married to Charles Kaf ie Jr., and between them, they have five children. • Member, All Saints' Episcopal Church. CITY OF CORPUS CHRISTI Submit Date: Sep 29, 2017 Application for a City Board, Commission, Committee or Corporation Profile Kaushik "Charlie" Bhakta First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 11 If yes,how many years? Primary Phone Alternate Phone ZJZ Hospitality, Inc Senior VP of Operations Employer Job Title 4639 Corona Dr Suite 55 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Kaushik "Charlie" Bhakta Page 1 of 5 78411 Work Address-Zip Code (361) 855-1549 Work Phone kbhakta@zjzhospitality.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor of Science from New Mexico State University Delmar College Foundation Board Certified Hotel Administrator and Certified Hotel Owner Why are you interested in serving on a City board, commission or committee? I have been in the hotel industry for 20+ years and I believe that my experience and commitment to excellence will be a great asset to the CVB. For the past 8+ years, I have been involved in running successful hotels for ZJZ Hospitality in Corpus Christi and my leadership qualities will bring a strong voice for the hotel partners should I be given the opportunity to serve on the CVB Board. Kaushik_Resume.pdf Upload a Resume Demographics Kaushik "Charlie" Bhakta Page 2 of 5 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Kaushik "Charlie" Bhakta Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. All answer are NO Kaushik "Charlie" Bhakta Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Hotel Industry Kaushik "Charlie" Bhakta Page 5 of 5 Kaushik H. Bhakta, CHA Objective: A desire to hold Senior Management position in the Hospitality Industry where my professional experience and management skills can be utilized. Education: 1989-1993 New Mexico State University Las Cruces, NM Bachelors of Science • Major— Computer Science • Minor—Mathematics Professional April 2008-Present ZJZ Hospitality, Inc Corpus Christi, Texas Senior VP of Operations(July 2011 —Present) • Plan, organize, direct, and guide business operations at the Embassy Suites and Staybridge Suites in Corpus Christi, Texas to increase growth and profitability • Prepare monthly/annual Budgets and Forecasts • Work closely with hotel General Managers to implement rate strategies to maximize hotel revenues • Promote and develop team oriented philosophy to provide unparalleled commitment to excellence in guest services General Manager(April 2008—June 2011) • Coordinated construction and new hotel opening for Staybridge Suites • Developed training programs for Sales, Front Desk, Housekeeping, and Maintenance Departments • Worked closely with Director of Sales in the development of the sales and marketing plan to capture new short and long term accounts by share shifting from compset. June 2006-Feb 2008 Holiday Inn Airport Hotel& Conference Center Corpus Christi, Texas General Manager(September 2007—February 2008) Director of Operations/Assistant GM (June 2006—August 2007) • Accountable for achieving budgeted revenues/profits while maintaining the operational and service standards. • Manage overall administrative function of the Human Resources, Food and Beverage, Sales &Marketing, Front Desk, and Accounting Department. • Maintain property quality and make any capital improvements accordingly. Accreditations: City of Alamogordo Lodgers Board 1996-2006; Certified General Manager Program - Holiday Inn, Embassy Suites; Staybridge Suites, Holiday Inn Express;AAHOA Member; Certified Hotel Administrator 2008; Board Member of Greater Corpus Christi Hospitality Association 2010-Present; Quality Excellence Award Winner 2012 for Staybridge Suites; #1 hotel on Tripadvisor for Corpus Christi 2010-2012. CITY OF CORPUS CHRISTI Submit Date: Nov 30, 2017 Application for a City Board, Commission, Committee or Corporation Profile Pramit Bhakta First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- No 25 plus If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone General Manager/Operations Comfort Suites TAMUCC Manager -nployer 1814 Ennis Joslin Rd Work Address-Street Address and Suite Number Corpus Christi Work Address-City Pramit Bhakta Page 1 of 5 Texas Work Address-State 78412 Work Address-Zip Code 3619917100 Work Phone gm.txa37@choicehotels.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? TRANSPORTATION ADVISORY COMMISSION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) N/A Why are you interested in serving on a City board, commission or committee? N/A pramit_bhakta_resume.docx Upload a Resume Demographics Pramit Bhakta Page 2 of 5 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Pramit Bhakta Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Pramit Bhakta Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Hotel Industry Question applies to TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? rYes No Pramit Bhakta Page 5 of 5 Pramit Bhakta 03&" EXPERIENCE 10/09-Present JB Net Five Corporation,Operations Manager; Corpus Christi,TX • Supervise operations of 3 hospitality properties in Corpus Christi area • Increased overall sales by 10% over 3 years • Manage $900K expense budget for all properties • Coordinated and oversaw$3.2 million new construction project • Manage relationships with key hospitality franchisor 02/09-10/09 Price Waterhouse Coopers,Data Specialist; Houston,TX • Verified completion of work papers prior to scheduled archiving • Provided support to client service teams within the Portfolio • Managed professional and profitable client relationships • Cohesively Worked with a multi-billion dollar company whom had a revenue of$26 billion in 2009 08/08-11/08 Merrill Lynch,Commercial Banking Intern; Houston,TX • Assisted team that generated over$7 million in revenue from Certificates of Deposits • Helped team achieve #1 sales status nationwide • Analyzed Financial statements and made recommendation on credit worthiness of clients • Updated database for prospective and clients-maybe add something on conversion rate • Conducted economic analysis and modeling on effects of current events ACTIVITIES 02/08-11/08 American Marketing Association,Member • Networked with companies and students on pursuing and learning different types of Marketing positions 01/07-11/08 Finance Association,Member • Networked with other finance majors within the Bauer school and companies • Promotions Committee,Fall 2008 05/05-11/08 Alpha Phi Omega,Member • Awards Committee position, Spring 2007 • Assistant Treasurer,Fall 2007 • Performed over 80 hours of community service 03/06, 02/07 Star of Hope Missionary: Women's Shelter • Volunteer-Prepared dinner for the women and children who live in the shelter 09/06 Houston Food Bank • Volunteer-Helped box perishable foods for the needy 08/06 Ronald McDonald House • Volunteer-Entertained the 20 disabled children and their families by playing games and coordinating 2 movie nights EDUCATION 01/12-05/14 Masters of Business Administration May 2014 Texas A&M University of Kingsville,Kingsville,Texas 08/04- 12/08 Bachelor of Business Administration in Finance and Marketing,December 2008 C.T. Bauer College of Business,University of Houston,Houston,Texas Program for Excellence in Selling,Certificate in Sales,May 2008 C.T. Bauer College of Business,University of Houston,Houston,Texas • Worked part time while attending classes full time SKILLS AND CERTIFICATION • Experienced in personal computer use,including the following software:Word,Excel, PowerPoint, QuickBooks, Salesforce.com, and ChoiceAdvantage.com • Certified Sales Professional CITY OF CORPUS CHRISTI Submit Date: Apr 18, 2018 Application for a City Board, Commission, Committee or Corporation Profile Christina A Cisneros First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 45 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Manager, Government and CITGO Public Affairs Employer Job Title 1802 Nueces Bay Blvd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Christina A Cisneros Page 1 of 5 Texas Work Address-State 78407 Work Address-Zip Code 361-844-4120 Work Phone ccisner@citgo.com Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: n/a Education, Professional and/or Community Activity (Present) please see resume Why are you interested in serving on a City board, commission or committee? I have an interest in serving to better determine the needs of the CVB and how my company can assist to fill them. Cisneros C Resume .doc Upload a Resume Demographics Christina A Cisneros Page 2 of 5 Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Christina A Cisneros Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. n/a Christina A Cisneros Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Christina A Cisneros Page 5 of 5 Christina Ann Cisneros-Guzman, MA, CESCO QUALIFICATIONS • Public Relations on Local, State, and National 0 Excellent Technical Writing and Verbal Skills Level 0 Crisis Communication Planning and Execution • Experience in Managing Complex Matters 0 Stakeholder Management • Speaking/Presentations Expert 0 Brand Management • Staff and Volunteer Management 0 Graphic Design • Multi-Faceted Reporting 0 Grant Writing • Large Scale Event Planning 0 Budget Preparation and Adherence • Management of Strategic Partnerships 0 Database management • Community Collaboration • Strategic Corporate Communications EDUCATION Texas A&M University-Corpus Christi Bachelor of Arts Emphasis in Communication and Marketing Texas A&M University-Corpus Christi Master of Arts Strategic Communication Emphasis in Public Relations and Crisis Communication Leadership Texas Class: 2011 Leadership Corpus Christi Class XXXVIII: 2010 HONORS AND AWARDS Texas A&M CC Graduate Student Scholarship Spring 2015, Summer 2016 Texas A&M CC Staff Council Dorothy Yeater Scholarship Fall 2013 Summer 2014 Award of Achievement from the City Manager, the Mayor and City Council July 2012 CORPUS CHRISTI CHAMBER 40 UNDER 40 AWARD RECIPIENT 2010- 2011 City of Corpus Christi City Managers Career Development Class 2010 Las Estrellas Award Recipient -Hispanic Women's Network 2008 PROFESSIONAL CERTIFICATION Certified Environmental Safety and Compliance Officer (CESCO) 2014-Present Expires 3/2018 PROFESSIONAL EXPERIENCE CITGO Refinery Corpus Christi Corpus Christi, Texas 2018- Present Manager, Government and Public Affairs voestalpine, Texas Portland, Texas 2017- 2018 Director of Communication and Public Relations Arbor Pharmaceuticals Corpus Christi, Texas 2016- 2017 Sr. Territory Manager Texas State Aquarium Corpus Christi, Texas 2015- 2016 Director of Development Texas A&M University-Corpus Christi 2013- 2015 Department of Outreach Pollution Prevention Partnership Manager City of Corpus Christi 2009- 2013 Energy Representative- Gas Dept./Special Project Coordinator Specialty Education Crisis Communication, Multi-Cultural Communication, Public Relations, International Public Relations, Non-verbal Communication, Branding/Marketing, Social Media Marketing, Technical Writing, Persuasion, Organizational Communications, Public Speaking,Journalism, Entrepreneurship, Communication Theory, General Business, Graduate Seminar in Grant Writing PROFESSIONAL ASSOCIATIONS Association of Fundraising Professionals 2015-2017 Association of University Women 2014- Present Leadership Texas Alumni Association 2014-Present TAMUCC Student Alumni Association 2014-Present Cattle Barons Ball Committee 2010-Present Corpus Christ Air Quality Group 2012-2015 South Texas Environmental Professionals 2013- 2016 TAMUCC Principal Investigators Council 2014-2015 Westside Business Association 2005-2016 Builders Association of Corpus Christi 2009-2015 Coastal Bend Green Built (Marketing Chair) 2005-2015 Corpus Christi Hispanic Chamber of Commerce 2000-2015 Miller High School Alumni Association 1991-present LEADERSHIP COMMUNITY INVOLVEMENT YMCA ADVISORY COUNCIL 2017 SPIRIT CENTER ADVISORY COUNCIL 2017 CORPUS CHRISTI EDUCATION FOUNDATION, CHAIR OF THE BOARD 2014-2016 Texas Jazz Festival Jazz Society Member 2005- present Texas Jazz Fest Wine garden Co-chair 2012-present Texas A&M Parent Booster Club Member 2010- 2017 Epilepsy Foundation, Member 1995-present Leadership Corpus Christi Board Member, 2012-2015 City of Corpus Christi Traffic Advisory Council 2013- 2015 South Texas Air Quality Council Executive Board Member 2012- 2015 JayCees of the Coastal Bend Founding President and Development Chair 2010-2013 BSA Volunteer—Table Host for Scout Breakfast 2009-2015 LEPC Member 2011-2014 Ray High School Band Booster 2008-2013 Builders Association of Corpus Christi Associate Board Member 2009-2014 Leadership Corpus Christi Steering Committee 2011-2012 Chairperson 2012 Mayors 4th of July Big Bang Celebration 2012 YWCA Y Women in Careers Public Relations Chair 2011 Junior Achievement Mentor 2010-2012 CCISD's Parent Advisory Board Member 2010- 2012 Volunteer Center of the Coastal Bend Board Member 2009-2012 Coastal Bend Green Built (CBGB) Committee Chair 2009-2012 South Texas Obesity Project (STOP) Founding Member 2006-2010 Harbor Lights Festival Board of Directors 2010 Texas State Aquarium Beach Ball Entertainment Chair 2009 Bayfest, Public Relations/Media Chairman 2008 CITY OF CORPUS CHRISTI Submit Date: Feb 05, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr. Fernando Fernandez Jr. Prefix First Name Last Name Suffix Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- No 18 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Flour Bluff ISD Director of Vocal Ensembles Employer Job Title 2505 Waldron Rd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mr. Fernando Fernandez Jr. Page 1 of 6 TX Work Address-State 78418 Work Address-Zip Code 361-694-9031 Work Phone ffernandez@fIourbluffschools.net Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) Aransas Pass HS Graduate, Undergraduate studies: Phillips University (Enid, OK), St. Gregory's University (Shawnee, OK), Graduate studies: TAMUCC; Board President- Harbor Playhouse; Director of Traditional Music- St. Luke's United Methodist Church; TMEA (Texas Music Educators Assoc. vocal division vice-chair/chair); Freemason; TCDA (Texas Choral Directors Assoc.); TMAA (Texas Music Adjudicators Assoc.) Why are you interested in serving on a City board, commission or committee? To help serve the city and citizens of Corpus Christi. To help share new ideas and implement them into action. To bring a greater awareness on any committee I serve on and represent the city and its citizens with honor and dignity. currentresFFJnonmusic.doc Upload a Resume Mr. Fernando Fernandez Jr. Page 2 of 6 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Mr. Fernando Fernandez Jr. Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. none of the above were a yes Mr. Fernando Fernandez Jr. Page 4 of 6 Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? I Public Art / Public Space I Youth / Education I Business Development Groups / Corporate Representative V Performing Arts (music, dance, drama, film) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Question applies to MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? Pr K - 12 Education 9 Business Community Mr. Fernando Fernandez Jr. Page 5 of 6 Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? W Advertising/Public Relations W Arts/Cultural Mr. Fernando Fernandez Jr. Page 6 of 6 Fernando Fernandez Jr. Professional Profile I possess strong skills in managing and maintaining resources, creating a classroom environment that is enthusiastic and yet conducive to learning- challenging and encouraging students to achieve beyond their potential-while providing a quality education, compassionate mentoring, and holding true to the ideals and principles of an honest life. I am confident that I posses the knowledge, skills, desire, and capabilities to immediately assume a role within a city board committee. I would gladly welcome an opportunity to discuss your goals and objectives as well as my abilities to fulfill your requirements. I feel that my skills, experience, ability and enthusiasm would be an asset to the city of Corpus Christi. Thank you for your time and consideration of my qualifications. I look forward to hearing from you soon. • 17 years Texas Public Schools • Band/Orchestra Director • 2 years Illinois Private Schools • Music Director for HS/Community • 2 years Oklahoma College and Public Schools Musicals • Minor piano accompaniment skills • Music Minister- United Methodist • Composer and Arranger • Mentor for TAMUCC Educator Prep. • Private Voice and Brass Studio Experience • TMEA Region Chair/Vice-Chair (14 years) • Bilingual (English-Spanish) Professional Experience Flour Bluff Junior High and High School, Corpus Christi, TX September 2001 - Current Director of Vocal Ensembles Achievements: • 48 TMEAArea Candidates / 15 TMEAAII-State Choir Members • "1" Concert Ratings on stage for 9 of the last 12 years • Gained $15,000+ in donations for the High School Choir • TM EA Region XIV Vocal Chair (4 terms)/Vice Chair (3 terms) • Fine Arts representative for SBDM committee at high school (2 terms) • Raised performance and quality standards in both JH and HS programs • Earned highest success rate in the program's history • Nominated for Who's Who Among America's Teachers (2005,2010) • Named a Claes Nobel Educator of Distinction (2007) • 2nd Runner-up Krispy Kreme Doughnuts Teacher of the Year (2010) Responsibilities: • Coordinate JH to HS program's musical transition - 2 - • Maintain standards of excellence and high level of competitiveness within all HS junior varsity and varsity choirs • Prepare the choirs for concerts, contests and various public and private performances — provide piano accompaniment when able • Develop and maintain beginning and auditioned classes for JH choir program • Select appropriate repertoire for performances and contests and maintain the JH and HS choral libraries St. Luke's United Methodist Church, Corpus Christi, TX August 2006 —Current Minister of Music Achievements: • Raised performance quality and varied musical repertoire • Started `College Singer' scholarships with a$5,000 donation • Increased choral selections performed to (2) per service • Earned choir's first-time invitation to perform at UMC Annual Conference • Increased awareness and participation in the choir and hand bells • Gained $40,000+ in donations for the music ministry programs Responsibilities: • Select and schedule appropriate literature one month in advance • Direct Chancel Choir and Hand Bell Ensemble in rehearsal and services • Serve as liaison to the Pastor and assist in the liturgy planning • Manage the music library and maintenance on all musical equipment • Lead the congregational singing weekly in service Marmion Academy, Aurora, IL January 2000—June 2001 Dorm Prefect and Music Faculty Achievements: • Expanded Cantorial Choir to double the membership • 4 of 6 studio voice students landed lead roles in school musicals • Student Council prepared more programs and became more active • Named to Liturgy committee for all-school masses • Increased interest in boarding program Responsibilities: • Translator for outreach programs and for LEP students • Maintain budgets for student council, music classes, and dorms • Assist head Band/Choir director as needed or assigned • Supervise all student council events and advise as to school policies • Support, nurture and guide 35-50 HS boys within the Catholic boarding school environment St. Gregory's University, Shawnee, OK May 1999 —October 1999 Coordinator for Student Activities - 3 - Achievements: • Planned and Coordinated Freshman Orientation and Homecoming • Created and directed University Jazz Band • Served as sponsor/advisor for a sorority and Hispanic Awareness Club • Created on-campus tradition of"Coffeehouse Nights", streamlined the procedures for Greek Council business, and implemented Robert's Rules of Order into the student senate Responsibilities: • Create and maintain budgets for all dorm and student body activities • Supervise the dorm staff and serve as live-in advisor • Create and maintain a monthly calendar of events/website- coordinating with all other clubs and organizations • Recruit members and rehearse the jazz band weekly Education Texas A&M University- Corpus Christi, Corpus Christi, TX Masters in Secondary Education (6 hrs. to completion) St. Gregory's University, Shawnee, OK BA in Humanities (Music) May 1999 Phillips University, Enid, OK Undergraduate Study in Music and Liberal Arts August 1993 -July 1998 References --Available upon request-- - 4 -M 0 - 5 - Mentoring, Clinics, and Assignments: Texas Shrine Assoc. State Convention- Chanters Unit Contest Judge (May 2005) Pre-Service Teacher Mentor for TAMUCC (2001-2015) Student Teacher Mentor and Trainer for TAMUCC (2001-2003, 2005-2008,2010,2015) CCISD Choral Showcase Adjudicator/Clinician (2008-2010,2014-2018) All-State Choir Camp Instructor for Del Mar College (2003-2017) All-Area Master Chorus Coordinator (March 2005,2014-15) UIL Concert and Sight Reading Contest Site Host (2002-2004, 2006-2017) TMAA Active Choral Adjudicator State-wide (2012-2018) Original Compositions Commissioned and/or Performed: (More complete catalogue available upon request) Latin A Cappella(SATE Collection): arr. Deke Sharon/ed.Anne Raugh (served as editor/advisor)^ A Little Dancing Song (low brass trio)** Serend ipity-doo-dah (woodwind quintet)** Morning View from the Mountain (piano)* Funkadelic Piano #1 (piano)** Going Home, Tonight (piano)* Canciones de Amor Prohibido: Prelude (piano)* Hilah Adonai (SATB and piano)*** A Choral Litany(SATB and piano)** The Wizard of OZ:An Original Musical Setting (piano, synthesizer and voice)** Take, O Take Those Lips Away(TTB choir w/cello, piano) Ode to Music (SATB w/brass, piano)** Ave Maris Stella (SAB w/violin, piano) Madrigal (SSAw/piano) Two Settings from Dante's Divine Comedy (SATB choir and piano) What Color is God's Skin (arr. for SAB w/piano) ** Angels Divine (arr. for SSAA a cappella) *University Press Published **Commissioned Work ^Commercial Publication Professional Organizations: TMEA-Texas Music Educators Assoc. (Vocal Chair/Vice Chair - Convention Presider/Presenter) TCDA-Texas Choral Directors Assoc. (Convention Team - Door Prize Committee) TSTA-Texas State Teachers Assoc. (member) TMAA—Texas Music Adjudicators Assoc. (Permanent List member) Oso-Naval Masonic Lodge No. 1282 (musician, member) Mu Phi Epsilon- Professional Music Fraternity (chorister, alumni relations, president, donor) St. Gregory's Univ. Hispanic Awareness Student Association (member, advisor, donor) St. Gregory's Abbey—Shawnee, OK(donor) Harbor Playhouse- Board of Directors (president, donor) Corpus Christi York Rite- Chapter 91 RAM, Council 55 R&SM, Commandery 57 KT (inactive) AAONMS-Al Amin, Shriners (inactive) Major Research Papers in Music and Education: Public School Music Teacher:A Hands-on Curriculum for Texas Choral Directors Streamlined "Hunter" Lesson Plans for Undergraduate Music Teaching Experiences An Approach and a Curriculum for Undergraduate Secondary Music Methods Class The Art Songs of Modest Mussorgsky Shostakovich, Mussorgsky and the Rayok:An Anti-Political Art Song Movement Music on the Theme of the Blessed Virgin Mary up to the Renaissance Wagner vs. Brahms: Who was the Real Modernist? Losing Their Marbles: The Castrati Story Edgard Varese, the 20th Century and Musique Concrete:An Analysis Kaddish, Leonard Bernstein, and the Inner-Emotions of Symphony No. 3 - 6 - Musical Experience: St. Luke's United Methodist Church Director of Traditional Music (2006-current) Singer/Actor- Harbor Playhouse (2012-2018) United Methodist Church Annual Conference Mass Choir- conductor (2006,2008,2012,2014) Corpus Christi Chorale/Del Mar Master Singers (2010, 2014-15) Musical Director/Conductor:Annie (2006), The Sound of Music (2007), Into the Woods (2008), Really Rosie (2009), You're a Good Man, Charlie Brown (2014), Carrie: The Musical (2015) St. John's United Methodist Mixed Choir and Men's Chorus (2004-2006) Oso-Naval Masonic Lodge Musician (2003-2008) Al Amin Shriners- Chanters Unit (2004-2005) Vocal Coach for Marmion Musicals-Joseph and Technicolor Dreamcoat, Carousel(2000, 2001) Enid-Phillips Symphony Orchestra(1993-95) - Principal Tuba Phillips University Wind Ensemble (1993-98) -Tuba and Euphonium P.U. Jazz Ensemble (1995-97) -Tuba and Bass Trombone P.U. Brass Ensemble (1994-97) -Tuba Enid Community Band (1994, 1995) -Tuba and Euphonium OMEA Inter-Collegiate Honor Band (1996) -Tuba Phillips University Concert Choir (1993-98) -Tenor, composer-in-residence P.U. Chamber Singers (1993-94, 97-98) -Tenor/Baritone, student conductor St. Gregory's University Chorale (1999) - Baritone, Composer-in-residence St. Gregory's University Theatre Dept. (1998-99) - Twelfth Night as Sir Toby Belch, The Fantasticks as EI Gallo and musical orchestrator for Androcles and the Lion The Educational Philosophy of Fernando Fernandez Jr. My educational philosophy is not a short-term thought creation, but rather is drawn from a lifetime of learning and encouraging others. It stems from my positive and negative experiences as a student, my training and insight as an active classroom teacher, and being a life-long advocate for the fine arts and higher education. I believe that these following things should be practiced and displayed every day within my classroom-the students will: smile,learn to achieve beyond their potential, feel safe and comfortable, leave every day with a song in their heart, have a desire to succeed, learn and improve from their mistakes, and when they graduate will support the fine arts their whole life long. I feel that a student needs to be exposed to and learned in the core areas: reading, writing, mathematics, history, science, languages, and civics. The supplementation of the fine arts to this core area makes for a well versed and knowledgeable student and citizen. In the classroom,the use of Socratic dialogue has been time-tested and proven to be an advantageous strategy to use for the encouragement of higher level learning and thinking. The practice of intellectual and moral discipline strategies are at the heart of the fine arts classroom.Although the classroom learning intensity changes from day to day in a rehearsal setting,there is still an underlined uniformity to the class. This feeling of continuity makes the students comfortable, and also trains them for the uniformity of life in the workplace. Intelligent and frequent discussion is the key to a successful classroom as well. If the teacher does not take time to talk with their students and learn from them, then they will never learn how best to reach and teach them. Learning from our students can be the most thought provoking and humbling thing we ever do as a teacher.Always be in charge and the ultimate authority figure,but leave room for their thoughts,input, and discussion. Therefore,the school of thought I feel most comfortable aligning myself with is that of Essentialism. I feel that the aim and purpose of schooling should be to teach our children all they will need to survive in the realities of the work place,the world of higher education,the rigors and responsibilities of family life, and most importantly respect for themselves and others. Through the academic core areas they learn all they need to not only pass the state mandated tests,but to function as a conversant citizen. - 7 - Reading, writing, mathematics, science, history, and technology applications are essential to success and for a well-rounded individual. They train and develop them into being able to serve in a job with competency, attend a higher level of schooling with a ground basis of core knowledge to draw from, and they help them to help their families.A quality education is life-long and benefits everyone whom they may come in contact with-be they friend, family, co-worker, or stranger.While the core content is important to success,the fine arts are where they learn heightened states of discipline and self-awareness, collaborative learning, fostering an appreciation and understanding for life's complexities, and a craft they can use for education, recreation and relaxation their whole life long. Through a quality fine arts education the students will learn both world and music history, foreign languages,reinforcing mathematic basics, solving higher-order thinking puzzles and instances, applications of arts in everyday life,passion for the arts, nostalgia and a sense of"home away from home", and a desire to continue a life-long track to success. Their individual or group success at contests and in concerts propels them forward and creates that desire in their hearts to continue on this track their whole life. Since the days of Plato as an educator, the inclusion of the fine arts has been considered to not only be core to creating a well-rounded citizen, but an outstanding one at that. I believe that instruction should be delivered in a precise, concise,interesting, and enjoyable tone and manner. The student should enter the room with the desire to want to learn as much as they possibly can within the class'length. They should be encouraged and pushed a little into higher level content and repertoire in class. The material should be relevant, cross-curricular, stimulating, and presented in a logical sequence. The length of the class period should be utilized to the fullest; making sure that instruction is the primary objective and also making each minute count. The students will be actively engaged in learning or creating something for every minute they are in my classroom. I will only accept the best possible work from them and strive to encourage them to continually improve themselves. Through my continued education and development, I will show my students first hand that learning never stops and share my continued fascination with learning. The best way for me to be knowledgeable and up- to-date on current trends and issues affecting my students and my field is by committing myself to professional development sessions as they become available. I will annually attend conventions and sessions offered by Texas Music Educator's Association and Texas Choral Director's Association to keep abreast on these issues and trends. I will also actively follow and read journals in education and music education to make sure I am practicing the very best teaching I possibly can.A teacher who does not continue their learning is not only hurting themselves but ultimately their students. Only the highest quality materials and supplies should be used in the classroom; as the program budget allows. The classroom should have an active layout and design; one that is both inviting and inspires creating and learning. The ultimate goal of instruction is to model and teach; not just content,but life skills, character, success, and a love for life long learning. I believe that in my classroom, students have a chance to voice their opinions, thoughts and questions in an environment that encourages and enlightens. They have a say in what music we program, how many performances we offer, how best to reach the community and give back, how best to assist them in learning difficult sequences, and how the music and class makes them feel or think. The students will be taught to get along with everyone,by my lead and example, and will learn a guided form of peer mediation when a problem arises. There will be no room for intolerance of others, and harmony, both in the music and in the class'relations, will be a large part of the ultimate goal for my daily classroom. There is an air of respect and courtesy in the classroom for all administrators,visitors, parents, classmates, and instructors. I, as the teacher, set the tone for their behaviors; and they will follow my lead and example when dealing with others. Every one from every background is always welcome, and made to feel especially welcome in the classroom at any time. I will never speak ill of a colleague or parent in front of any students, or others on the staff, and will treat my colleagues and parents with the same courtesy and respect I expect of them. For my parents, I will be available to them via conference period, phone, or email for their assistance or inquiry. They will be treated in a dignified manner and their issues addressed always with sensitivity, a professional tone of voice and a look of confidence-no matter how upset or hostile they may be or become.As for my colleagues, we should hold and respect the rules and - 8 - standards laid out for us by both the state and the school district.Also,the less time I spend in the faculty lounge will be the best time I spend with my colleagues in conversation. J.S. Bach once wrote, "The aim and final purpose for all music should be nothing else but the glory of God and the refreshment of the spirit." Since I teach in a public school,it is all done for the refreshment of the spirit; and the glory of God is secretly in every individual's heart. These are the things I believe to be essential to a quality education, and are in turn the credo for my personal education philosophy. CITY OF CORPUS CHRISTI Submit Date: Apr 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Sylvia Ford First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 57 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Public Speaker i mployer Job Title 3306 New Bedford Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Sylvia Ford Page 1 of 6 TX Work Address-State 78414 Work Address-Zip Code 361 5586082 Work Phone sford@stx.rr.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Current Education - Leadership/Management, Fundraising Crowd Funding Management Board Member - Leadership Corpus Christi Alumni, Corpus Christi Metro Ministries Why are you interested in serving on a City board, commission or committee? Servant-Leader. Natural willingness to apply my expertise, experiences and knowledge to enrich the lives of our community and ultimately create a more just and caring community with highest "quality of life" standards Sylvia A Ford Board Commision Resume..docx Upload a Resume Sylvia Ford Page 2 of 6 Demographics Gender P Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Sylvia Ford Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes ' No Sylvia Ford Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) t- Yes r No Sylvia Ford Page 5 of 6 Sylvia Ford Page 6 of 6 Sylvia A. Ford EXECUTIVE PROFILE Visionary professional with accomplished broad-based and progressive experience in Public Relations, Public Speaking, Administrative Management Business Development, Strategic Operating Strategies, Finance and Human Resources. Proven ability to work as a leader to integrate functions within the overall business goals. SKILL HIGHLIGHTS Market research and analysis *Possess ability to conduct market Business operations organization research/analysis to develop Innovative Product successful measurable Development/implementation programs/activities Effective public speaker *Concise strategic planner in business operations organization with innovative product development and implementation *Outstanding public speaker with clear Delivery of message to targeted audience CORE ACCOMPLISHMENTS Public Relations • Spearheaded many public speaking forums with targeted audience to develop and sustain the buy in of required parties to reach project success • Identified/produced partnerships that were most unlikely to identify their commonality for project goals Business Development/Project Management • Created/managed the roll out of new and innovative programs that benefited Corporate/City/County strategic goals • Instituted all functions related to programs to include budget dynamics Human Resources/Staff Development • Administered Human Resources regulatory requirements throughout corporate functions • Spearheaded new leadership program which increased retention • Mentored and coached employees resulting in a 42% increase in productivity and 99% in employee retention PROFESSIONAL EXPERIENCE Current Public Speaker Educational/Motivational Independent Consultant Responsible for development and directing launch of new programs using municipality grants related to economic development/housing/entrepreneurs. Strengthened municipality partner and community buy in base by 100%. Spearhead cross-functional initiative to achieve regulatory standard requirements. Director/Non-Profit Organization, Corpus Christi, TX Identified/negotiated new branch location in Corpus Christi and secured funding resources. Accountable for overall South Texas regional operations. Managed program/product implementation. Senior Management/Banking-Finance Industry, Corpus Christi, TX Public Relations, Finance, Audit/Compliance, Human Resources, Community Development Maintained all department operations related to OCC exams, budget, business development, public relations, community development. Developed and directed strategy for launch of new products that captured 90% of market share. Initiated/implemented new mortgage lending division in Corpus Christi region in partnership with City of Corpus Christi Affordable Housing program HUD grant. Maintained loan portfolio. Directed, supervised and coordinated work activities in Human Resources administration for subordinates/staff relating to employment, compensation, labor standards. Managed staff performance, audits, disputes, disciplinary action. Analyzed and modified compensation benefit policies and conducted human resources compliant investigations. Maintained standards/procedures and updated employee job descriptions. COMMUNITY INVOLVEMENT EXPERIENCE President Corpus Christi Community Development Corporation (5 terms) Committee City of Corpus Christi Type A Board/Business job Development Team HUD Affordable Housing Community Improvement Corporation Loan Review job Search/Interview Panels Housing/Economic Development Housing Authority Governor's Roundtable Housing/Economic Development HUD Advisory Committee Partnership Corpus Christi Regional Economic Development Corporation Board Christus Spohn - Houston TX Member Junior League of Corpus Christi, League of Women Voters, Leadership Corpus Christi Alumni EDUCATION Institute of Banking Certification Del Mar College CITY OF CORPUS CHRISTI Submit Date: Aug 07, 2017 Application for a City Board, Commission, Committee or Corporation Profile Stephanie M Garcia First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 30 If yes,how many years? Primary Phone Alternate Phone House of Rock Marketing and Public Relations Employer Job Title 511 Starr Street Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Stephanie M Garcia Page 1 of 5 78401 Work Address-Zip Code stephanie@texashouseofrock.com Work E-mail address Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) • National Alumni Association Board of Directors 2016 — Present Co-chair of the Alumni Marketing Committee • Chair of the Corpus Christi 7 Day Film Project Steering Committee 2014 — Present • Corpus Christi Police Foundation Annual Breakfast Committee Member • Masterpiece in a Day Committee Member 2015 — Present Associate in Art - Journalism 2010 Del Mar College, Corpus Christi, TX Bachelor in Liberal Arts - Communications 2012 Texas A&M Corpus Christi, Corpus Christi, TX Why are you interested in serving on a City board, commission or committee? I was born and raised in Corpus Christi. I believe in giving back to my community and contributing to its progress in any way possible. I enjoy being a part of committees and boards that work to improve Corpus Christi and love being a part of the growth of our city. Stephanie_Garcia_resume.pdf Upload a Resume Demographics Gender 1`J Female Stephanie M Garcia Page 2 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Stephanie M Garcia Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Stephanie M Garcia Page 4 of 5 Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? V Marketing Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Stephanie M Garcia Page 5 of 5 STEPHANIE M . GARCIA EDUCATION Associate in Art—Journalism 2010 Del Mar College, Corpus Christi, TX Bachelor in Liberal Arts—Communications 2012 Texas A&M Corpus Christi, Corpus Christi, TX WORK EXPERIENCE House of Rock Office Manager/Marketing and Public Relations December 2011 -Present • In charge of administrative duties including payroll, bookkeeping, employee paperwork, etc. • Maintain and update website, Facebook,Twitter and other social media daily • Create press releases and marketing plans for upcoming shows and events • Manage interns who assist in creating promotional material for the venue • Assist in the planning and promotion of 20+ shows and events each month COMMUNITY INVOLVEMENT AND ACHIEVEMENTS • Leadership Corpus Christi—Class 43 • 2017 Corpus Christi 40 Under 40 recipient • National Alumni Association Board of Directors 2016—Present Co-chair of the Alumni Marketing Committee • Chair of the Corpus Christi 7 Day Film Project Steering Committee 2014—Present • Corpus Christi Police Foundation Annual Breakfast Committee Member • Masterpiece in a Day Committee Member 2015—Present CITY OF CORPUS CHRISTI Submit Date: Apr 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Robbin Goodman First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 4 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone TPCO America Corporation Business Operations Specialist Employer Job Title 5431 Hwy 35 Work Address-Street Address and Suite Number Gregory Work Address-City Robbin Goodman Page 1 of 6 TX Work Address-State 78412 Work Address-Zip Code 361-704-8100 Work Phone robbing@tpcoamerica.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) Education Texas A&M University — Corpus Christi Bachelors of Art in Economics, Magna Cum Laude Masters of Business Administration - Graduating 08/2018 Awards and Scholarships Omicron Delta Epsilon Economics Honor Society Member Wells Fargo Award for Outstanding Academic Performance in Economics TPCO America Certificate of Recognition The Language Flagship Chinese Scholarship American Petroleum Institute (Victoria, TX) Scholarship American Petroleum Institute (Corpus Christi, TX) Scholarship American Petroleum Institute (Alice, TX) Scholarship Desk and Derrick Club Scholarship Chinese Government Scholarship University of Mississippi Academic Excellence Scholarship Community Organizations World Affairs Council of South Texas, Representative Boy Scouts Toughest Scout Challenge, Team Captain Ronald McDonald House of Corpus Christi, Volunteer American Heart Association Heart Walk, Team Captain Why are you interested in serving on a City board, commission or committee? I believe Corpus Christi is blessed with the capacity to be a world wide destination city. However, it takes action oriented residents to bring that capacity to fruition. Having travelled the world, I have first-hand knowledge of what attracts visitors to an area and the type of marketing it takes to create demand. I sincerely want use my knowledge and experiences to do my part for Corpus Christi. Robbin Goodman Page 2 of 6 Robbin Resume_April_6 2018.pdf Upload a Resume Demographics Gender V Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Robbin Goodman Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes ' No Robbin Goodman Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? P None of the above Robbin Goodman Page 5 of 6 Robbin Goodman Page 6 of 6 ROBBIN GOODMAN WORK EXPERIENCE Business Operations Specialist TPCO America Corporation 8/2014-Current TPCO America is the largest Chinese greenfield investment in US history at$1.3 billion Manage and report to President regarding the following: Public Relations & Legal Affairs • Research, analyze, and advocate for company on policy issues at the federal, state &local level • Collaborate with federal, state and local lawmakers to encourage pro-business environment • Organize official delegations between Chinese and Texas state and local governments • Interpret and convey legal concepts from Texas counsel to TPCO attorneys in China • Manage document retention with outside counsel for discovery in ITC action • Identify, research, and pursue Foreign Trade Zone status from Customs and Border Patrol • Oversee website, digital media, social media accounts and traditional media advertising General Business Administration • Develop and implement company-wide administrative management policies • Manage$1.4 million annual operating and procurement budget • Supervise team of 20 administrative assistants, systems administrators and security personnel • Oversee expatriate services: immigration, housing,transportation, etc. • Manage$4.2 million 40-unit corporate housing project • Lead initiative to support local businesses by sourcing local financing, vendors and services IT Management • Develop and implement company-wide IT management policies • Implement full range of office cloud based computing systems • Supervise design and build of network infrastructure on 450+ acre manufacturing site • Manage full range of communication solutions - office phones,handset, tablets, digital forms • Cultivate strategic telecommunication partnerships to optimize international intemet traffic Business Consultant Tianjin Efood Trading Co. 5/2014 - 7/2014 • Communicate with suppliers from Spain, Malaysia&Thailand • Source new products and suppliers, conduct financial analysis on new products/projects • Represent company at SIAL international food and beverage exposition in Shanghai • Successfully negotiate exclusive supplier deal with EU beverage company • Develop 13213 customer accounts and distributor partnerships across the Asia Pacific region Research Assistant China University of Geoscience 01/12 - 6/12 & 5/13 - 9/13 • Prepare field reports, maps, and cross-section diagrams • Prepare permeability/porosity reports on oil wells • Assist on geological survey of Henan gold mine • Perform microprobe analysis of rock samples at Texas A&M University GIS Intern Urban Surveying Inc. 4/2013 - 5/2013 • Operated Trimble GPS equipment in urban and field environment • Learned basics of property boundary and oilfield survey • Completed range of oil field survey tasks: staked well pads, pipelines, and work easements • Karnes city royalties survey for Marathon Oil Machine Shop Assistant Drill String Services Inc. 6/2011 - 8/2011 • Prepared drill steam, doping and capping,to be returned to customer • Ran chemical process phosphate coating machined parts • Represented company on oil rig in variety of rework and drifting operations ROBBIN GOODMAN Education Texas A&M University— Corpus Christi Bachelors of Art in Economics, Magna Cum Laude Masters of Business Administration- Graduating 08/2018 University of Mississippi Geological Engineering Mandarin Chinese Tianjin Normal University Chinese Language Flagship Capstone China University of Geoscience (Beijing) Geology Qingdao University Chinese Language Flagship Center St. Stephen's Episcopal High School -Austin, Texas School Year Abroad- Beijing, China Academic Publications 2016 - Heavy metals in soil and plants after long-term sewage irrigation at Tianjin China: A case study assessment.Agricultural Water Management, 171, 153-161. 2013 - Zircon U—Pb dating and the petrological and geochemical constraints on Lincang granite in Western Yunnan, China: implications for the closure of the Paleo-Tethys Ocean. Journal of Asian Earth Sciences, 62, 282-294. Awards and Scholarships Omicron Delta Epsilon Economics Honor Society Member Wells Fargo Award for Outstanding Academic Performance in Economics TPCO America Certificate of Recognition The Language Flagship Chinese Scholarship American Petroleum Institute (Victoria, TX) Scholarship American Petroleum Institute (Corpus Christi, TX) Scholarship American Petroleum Institute (Alice, TX) Scholarship Desk and Derrick Club Scholarship Chinese Government Scholarship University of Mississippi Academic Excellence Scholarship Community Organizations World Affairs Council of South Texas, Representative Boy Scouts Toughest Scout Challenge, Team Captain Ronald McDonald House of Corpus Christi,Volunteer American Heart Association Heart Walk, Team Captain CITY OF CORPUS CHRISTI Submit Date: Aug 04, 2017 Application for a City Board, Commission, Committee or Corporation Profile Brad Kisner First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 22 years If yes,how many years? Primary Phone Alternate Phone Director of Music, Worship & First United Methodist Church Arts Employer Job Title 900 S. Shoreline Blvd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Brad Kisner Page 1 of 5 78401 Work Address-Zip Code 361-884-0391 Work Phone Bkisner@ccfumc.com Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Have served 2 different times on Arts & Cultural Commission, chair from 2012-2017. Term expires Sept. 1 , 2017 Education, Professional and/or Community Activity (Present) Bachelor of Music Education, Oklahoma State University Master of Sacred Music, Southern Methodist University Past member of CC Symphony Board; CC Red Cross Board; Sparkling City Opera Board; Past PTA president of Meadowbrook & Cullen schools. Sub-Dean (Vice President) Corpus Christi Chapter, American Guild of Organists Why are you interested in serving on a City board, commission or committee? To further the good news of the great city of Corpus Christi. Demographics Brad Kisner Page 2 of 5 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Brad Kisner Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Brad Kisner Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the Above Brad Kisner Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Apr 03, 2017 Application for a City Board, Commission, Committee or Corporation Profile James S Kruse First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 10 If yes,how many years? Primary Phone Alternate Phone Texas A&M University - Corpus Professional Assistant Professor Christi of Accounting Employer Job Title 6300 Ocean Dr., O'Connor Bldg #365 Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State James S Kruse Page 1 of 5 78412 Work Address-Zip Code 361-825-3606 Work Phone scott.kruse@tamucc.edu Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Masters in Accountancy, served on committees with Downtown Management District, member of TSCPA, member of rising tide society, Student Accounting Society Faculty Advisor, Presenter at Coastal Bend Innovation Center Why are you interested in serving on a City board, commission or committee? JamesScottKruse Curriculum Vitae.doc Upload a Resume Demographics James S Kruse Page 2 of 5 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree James S Kruse Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. James S Kruse Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the Above Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above James S Kruse Page 5 of 5 J. Scott Kruse, CFE Curriculum Vitae EDUCATION: Texas A&M -Corpus Christi -AASCB Accredited Accounting Program Masters of Accountancy Graduated - December 2010 Drury University- Springfield, MO B.A. with a major in Sociology and minor in Psychology Graduated -August 1997 Certified Fraud Examiner(CFE) Association of Certified Fraud Examiners PROFESSIONAL TEACHING EXPERIENCE: Professional Assistant Professor of Accounting, Texas A&M University- Corpus Christi August 2015 - Present, Corpus Christi,TX Adjunct Professor of Accounting, Texas A&M University-Corpus Christi August 2014 -August 2015, Corpus Christi,TX Courses Taught: Financial Accounting -ACCT 2301 Managerial Accounting -ACCT 2302 Intermediate I -ACCT 3311 Fraud Examination -ACCT 3340 PROFESSIONAL ACCOUNTING EXPERIENCE: CFO, Waterstreet Restaurants March 2013 - May 2014, Corpus Christi,TX Oversaw preparation of all financial statements for 4 different restaurants and real estate trust Supervised staff of five including payables, receivables, and IT Reviewed expenses and cash balances with suggestions for improving both categories Procured funding through bank loans and other investments Instituted new technology program to give real time sales and labor info Managed audits of two companies as liaison with Public Accounting Firm Contractor, Audit/Tax Preparation, Park Fowler CPA, PLLC June 2012 -October 2012, Corpus Christi,TX Tax preparation including 1120, 1120S, 1040, 1041 Assisted in preparation of audits including HOA's and Oil &Gas Prepared 940's and 941's for various clients Contractor, Financial Analyst, Derco Aerospace January 2012 -April 2012, Corpus Christi,TX Support company for aircraft platforms Prepared billing to the government for different aircraft support contracts Worked with Controller to prepare State Apportionment for tax purposes Involved in Intercompany billings with Sikorsky Aircraft Contractor, Internal Audit, Forbes Energy Services September 2011 - November 2011, Corpus Christi,TX Public company in oil and gas servicing Contracted to work for internal audit/tax department to prepare for year end Filed sales tax, 940, 941, and prepared payroll calculations Staff Auditor, Fields and Nemec, Co. January 2009 - February 2010, Corpus Christi,TX Audited companies ranging from $50 - 70 million in revenues Tax preparation including 1120, 11205, 1040, 1041 and 990's Companies audited included construction, manufacturing, and non-profit Accounting Tutor, Texas A&M University- Corpus Christi November 2007 -January 2009, Corpus Christi,TX Responsible for tutoring fellow students in all undergraduate accounting courses Work with director of learning services to improve student retention PROFESSIONAL SERVICE: Accounting Advisory Board for Accreditation Texas A&M University-Corpus Christi Young Business Professionals Membership Chair- 2013 Downtown Management District Cleaning Initiative Committee Member Strategic Planning Committee Texas A&M University-Corpus Christi Faculty Advisor- Student Accounting Society Texas A&M University-Corpus Christi Scholarship Committee Texas A&M University-Corpus Christi SBA/Texas A&M Partnership - Boots to Business Program Presenter- Educator Texas Society of CPA's Member CITY OF CORPUS CHRISTI Submit Date: May 17, 2018 Application for a City Board, Commission, Committee or Corporation Profile Dr. Michelle M Maresh-fuehrer Prefix First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 30 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texas A&M University-Corpus Associate Professor of Public Christi Relations Employer 6300 Ocean Drive Unit 5722 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Dr. Michelle M Maresh-fuehrer Page 1 of 7 Texas Work Address-State 78412-5722 Work Address-Zip Code 361-825-2273 Work Phone michelle.maresh- fuehrer@tamucc.edu Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Dr. Michelle M Maresh-fuehrer Page 2 of 7 Education, Professional and/or Community Activity (Present) Education: I received a Ph.D. in Communication from the University of Nebraska-Lincoln in 2009; Master of Arts in Communication from Texas Tech University in 2006; Bachelor of Arts in Communication with a minor in Journalism from Texas A&M University-Corpus Christi in 2004. 1 am also a proud graduate of Roy Miller High School (Corpus Christi, TX), class of 2001. Professional Activity: I am Associate Professor of Public Relations and Internship Coordinator for the Department of Communication and Media at Texas A&M University-Corpus Christi. I am the coordinator of the public relations program and, as such, I manage the recruitment, curriculum development, and assessment of the public relations minor. I also teach courses in public relations and crisis communication and advise students at the undergraduate and graduate level. I am an active researcher with over 17 publications in regional and national venues. I am also actively engaged in presenting my research at industry conferences with over 28 presentations at state, regional, and national conferences (the majority being national). I am also a regular presenter at various functions in the community having completed over 50 invited presentations. Recently and most notably, I was invited to serve as the keynote speaker at the Texas A&M University System Student Affairs Symposium (Topic: Crisis Management) where I will be speaking (on Monday, May 21, 2018) to 200 participants representing each of the TAMU system schools. In addition to my employment at TAMU- CC, I am also a crisis communication and public relations consultant and participate in both paid and pro bono projects. Community: I enjoy participating in community service. I am an active member of the Rotary Club of Southside Corpus Christi, a service organization. We regularly build wheelchair ramps for individuals in our community whom are in need, participate in the Salvation Army bell ringing program during the holidays, and sponsor the Boy Scouts of America's flag projects and Rose Shaw Elementary's Early Act First Knight education program. We also host two signature fundraisers each year to raise money for TAMU-CC student scholarships. In addition to this regular service, I have recently volunteered with the American Heart Association's "Go Red" Campaign, and Fiesta de la Flor. Additionally, in my professional life, I teach my courses using a "service learning" component. As such, I have supervised the (pro bono) development of crisis communication plans and public relations campaigns for various local profit and non-profit organizations. Why are you interested in serving on a City board, commission or committee? I was born and raised in Corpus Christi and I am passionate about using my knowledge and professional skills to help the city grow and prosper. It has been my personal mission to encourage my students at TAMU-CC to stay in or return to Corpus Christi and build their professional lives here. I believe that citizen participation in municipal committees is important: for one, citizens have a limited knowledge of how city projects and resources function. By becoming involved, we have the opportunity to understand the workings of the city and be more informed voters and community members. Furthermore, there is a self satisfaction that occurs when being able to share one's voice and perspectives and play a role in decision- making that impacts us. I believe that my professional knowledge of the public relations industry, combined with my passion for Corpus Christi, would allow me to be a positive participant on a City board-- specifically, the Convention and Visitor's Bureau board. SelectionResume-MMF.pdf Upload a Resume Dr. Michelle M Maresh-fuehrer Page 3 of 7 References-MME.pdf Please upload any additional supporting documents. Demographics Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. TJ I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Dr. Michelle M Maresh-fuehrer Page 4 of 7 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes ' No Dr. Michelle M Maresh-fuehrer Page 5 of 7 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? P None of the above Dr. Michelle M Maresh-fuehrer Page 6 of 7 Dr. Michelle M Maresh-fuehrer Page 7 of 7 MICHELLE MARESH - FUEHRER ASSOCIATE PROFESSOR OF PUBLIC RELATIONS CRISIS COMMUNICATION/PR CONSULTANT ,' CONTACT NIL' EDUCATION EMPLOYMENT UNIVERSITY OF NEBRASKA-LINCOLN, 2006-2009 TEXAS A&M UNIVERSITY-CORPUS CHRISTI DOCTOR OF PHILOSOPHY IN COMMUNICATION ASSOCIATE PROFESSOR, 2015-PRESENT TEXAS TECH UNIVERSITY, 2004-2006 INTERNSHIP COORDINATOR, 2015-PRESENT MASTER OF ARTS IN COMMUNICATION PR PROGRAM COORDINATOR, 2009-PRESENT TEXAS A&M UNIVERSITY-CORPUS CHRISTI, 2001-2004 ASSISTANT PROFESSOR, 2009-2015 BACHELOR OF ARTS IN COMMUNICATION MINOR IN JOURNALISM RECENT AWARDS RECENT PUBLICATIONS UNIVERSITY TEACHING EXCELLENCE AWARD, 2018 COMMUNICATING AT WORK: STRATEGIES FOR TEXAS A&M UNIVERSITY-CORPUS CHRISTI SUCCESS IN BUSINESS AND THE PROFESSIONS (12TH OUTSTANDING AUTHOR, 2016 ED.), 2018 TEXAS A&M UNIVERSITY-CORPUS CHRISTI TEXTBOOK, MCGRAW-HILL PUBLISHING PRESIDENTIAL CITATION (GOLD), 2016 PUBLIC RELATIONS PRINCIPLES: STRATEGIES FOR ROTARY INTERNATIONAL PROFESSIONAL SUCCESS, 2016 HOUSE RESOLUTION 930, 2015 TEXTBOOK, KENDALL HUNT PUBLISHING THE STATE OF TEXAS HOUSE OF REPRESENTATIVES SKOL'S "VIVA REDONDO" CRISIS, IN PRESS UNIVERSITY EDUCATOR OF THE YEAR, 2015 TEXTBOOK CHAPTER, KENDALL HUNT PUBLISHING TEXAS SPEECH COMMUNICATION ASSOCIATION APPLE'S "BENDGATE" CRISIS AND THE CORPUS CHRISTI UNDER 40, 2015 TECHNOLOGY-IMAGE EXPECTANCY GAP, 2017 COASTAL BEND YOUNG BUSINESS PROFESSIONALS TEXTBOOK CHAPTER, KENDALL HUNT PUBLISHING SOCIAL MEDIA MAPPING INNOVATIONS FOR CRISIS MEMBERSHIPS & BOARDS PREVENTION, RESPONSE, AND EVALUATION, 2016 JOURNAL ARTICLE, NATIONAL-LEVEL PUBLIC RELATIONS SOCIETY OF AMERICA SERVICE-LEARNING IN CRISIS COMMUNICATION TAMUOCC NATIONAL ALUMNI ASSOCIATION EDUCATION, 2015 BOARD OF DIRECTORS, 2012-2014 JOURNAL ARTICLE, NATIONAL-LEVEL ROTARY CLUB OF SOUTHSIDE CORPUS CHRISTI CREATING ORGANIZATIONAL CRISIS PLANS, 2013 DISTRICT LT. GOVERNOR OF PUBLIC IMAGE, 2016-2017 TEXTBOOK, KENDALL HUNT PUBLISHING PRESIDENT, 2015-2016 PAUL HARRIS FELLOW, 2012 BOARD OF DIRECTORS, 2011-2017 PROFESSIONAL REFERENCES Dr. David Gurney Chair, Department of Communication and Media Texas A&M University-Corpus Christi Ms. Debbie High Past District Governor Rotary International District 5930 nw� Additional references available upon request CITY OF CORPUS CHRISTI Submit Date: Sep 03, 2017 Application for a City Board, Commission, Committee or Corporation Profile Edwin (Trey) A McCampbell _ III First Name Middle Initial Last Name Suffix Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 62 If yes,how many years? Primary Phone Alternate Phone American Bank Chief Administrative Officer Employer Job Title 800 N. Shoreline Suite 100 Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Edwin (Trey)A McCampbell I I I Page 1 of 6 78401 Work Address-Zip Code 361-992-9900 Work Phone treymc@americanbank.com Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) EDUCATION: MBA Corpus Christi State University BBA Texas A&I - Corpus Christi AA Del Mar College CURRENT COMMUNITY ACTIVITIES: Del Mar College: Board of Regents, Board Chair Texas Higher Education Coordinating Board — Financial Literacy Advisory Committee Art Museum of South Texas: Board of Governors, Chair of the Dorothy Hood Task Force South Texas Public Broadcasting: Board of Directors Boar's Head & Yule Log Festival Chairperson South Texas Botanical Gardens & Nature Center, Regional Advisory Board Why are you interested in serving on a City board, commission or committee? As a Corpus Christi native, a business person, a father and a grandfather, I am committed to making Corpus Christi the best place to live, work and play. Tourism is an important component of our local economy, and one that also contributes to the quality of life. I would like to build our community and economy by serving on the Corpus Christi Convention & Visitors Bureau. I would bring to the CVB Board a deep background in business, strategic thinking and planning, a solid understanding of the community, and passion for the importance of tourism. Edwin (Trey)A McCampbell I I I Page 2 of 6 Trey McCampbell_community bio_2017.pdf Upload a Resume Demographics Gender V Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Edwin (Trey)A McCampbell I I I Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes ' No Edwin (Trey)A McCampbell I I I Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? fJ None of the Above Edwin (Trey)A McCampbell I I I Page 5 of 6 Edwin (Trey)A McCampbell I I I Page 6 of 6 E. A. "Trey" McCampbell, III Education & Certification MBA Corpus Christi State University, August 1982 BBA Texas A&I -Corpus Christi, May 1977 AA Del Mar College, May 1975 Post-graduate studies in Organizational Development&Communication Current Activities Del Mar College: Board of Regents, Board Chair Texas Higher Education Coordinating Board — Financial Literacy Advisory Committee Art Museum of South Texas: Board of Governors, Past Chair, Chair of the Dorothy Hood Task Force South Texas Public Broadcasting: Board of Directors, Past Chair Texas A&M Corpus Christi, College of Business Accounting Advisory Council First Christian Church: Elder; Boar's Head &Yule Log Festival Chairperson; Day School Board of Directors South Texas Botanical Gardens & Nature Center, Regional Advisory Board Equality Texas Board of Directors and Equality Texas Foundation; Treasurer Prior Activities Destination Bayfront, co-organizer City Council Annual Retreat Facilitator, June 2010 and June 2009 Del Mar College Foundation "Come Home to Del Mar" Fundraiser, Co-Chair, November 2006 and November 2009 Bayfront Charrette Facilitator, October 2003 Community Dropout Forum Co-Facilitator, November 2003— February 2004 Leadership Corpus Christi: graduate LCC Class XI; General Chair- LCC XXI; Steering Committee LCC XX, XIX, and XII; LCC Alumni Board of Directors, Executive Committee Chair Del Mar College Future Search Conference participant, October 2003 Vision 2000, Steering Committee CCSU (Texas A&M University)Alumni Association: Past President and founding Director Corpus Christi Symphony Orchestra: Board of Directors Creative Arts Center: Past President and Treasurer Founder and Chairperson, LIVE Performances (children's performing arts series) Harbor Playhouse: Director and Treasurer Harbor Lights: Staging Chairperson Chamber of Commerce: Board of Directors; Ambassador; Chamber of Commerce Foundation, Director Workforce Development Corporation, Director and Executive Committee Awards and Honors 2016 American GI Forum Community Leader Award 2015 Corpus Christi AIA Honorary Membership Award 2013 Del Mar College Outstanding Alumni 2010 Del Mar College 75 Distinguished Alumni 2005 Leadership Corpus Christi Outstanding Alumnus Award 2003 Caller Times Person of the Year 2002 NCCJ Humanitarian Award 1999 Distinguished Public Service Award from the Texas Society of CPA's 1992 Chairman's Award from the Chamber of Commerce 1990 Arts Volunteer of the Year; JC Penney "Golden Rule" award for Culture and Arts CITY OF CORPUS CHRISTI Submit Date: May 20, 2018 Application for a City Board, Commission, Committee or Corporation Profile Jason Page First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 34 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Employed Photographer Owner/ Principal Employer Job Title 715 S Tancahua Work Address-Street Address and Suite Number Corpus Christi Work Address-City Jason Page Page 1 of 6 TX Work Address-State 78401 Work Address-Zip Code 3615899050 Work Phone jasondavidpage@gmail.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other board, commission, or committee. Education, Professional and/or Community Activity (Present) Currently involved with the American Advertising Federation, Affiliate with the Corpus Christi Association of Realtors, Why are you interested in serving on a City board, commission or committee? I am a fourth generation Corpus Christian raising a fifth generation and want to be able to be more involved in making Corpus Christi a better place for everyone. Jason Page Resume.pdf Upload a Resume Jason Page Page 2 of 6 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Jason Page Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Jason Page Page 4 of 6 Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? (.- Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes (-. No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? (.- YesrNo Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Jason Page Page 5 of 6 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? (.- Yes r No Jason Page Page 6 of 6 JASON PAGE SUMMARY Freelance photographer with experience in digital and film,as well as medium format photography.Available 24 hours a day. Specialty equipment can typically be ordered in overnight for time critical projects. Currently searching for architects, commercial builders, industrial builders and Realtors who are interested in upping their marketing game with quality photography Experienced: Photojournalism, Events, Weddings, Portraiture, Corporate Identity&Headshots, Real Estate, Product & Food, Commercial Promotional EXPERIENCE JASON PAGE FREELANCE PHOTOGRAPHER 0312010 - Present Owner,Principal I am the principal photographer and am responsible for the day-to-day operations as well as marketing and customer satisfaction. I have built up one of the best-known names for wedding photography in the South Texas area, and pride myself on handmade images, limited bookings and one-on-one client contact. I also have become the leader in Real Estate photographer for several local agencies and top agents in the Corpus Christi metro area, and provide these agents with superb images to help market their listings more effectively,while reducing the initial listing workload. HOEGEMEYER'S BARBEQUE BARN 01/2013 - Present Business Development Responsible for the ongoing acquisition and cultivation of new customers and ongoing clients. Created long range forecasts based on current and past sales data and targeted marketing efforts to help secure these goals.Used multiple paths of marketing to brand business as a destination for barbeque in the Coastal Bend. SOUTHERN TECHNICAL CONTROL 0312012 - Present Inventory&Production Management Consultant I currently consult with the company management regarding their Inventory and Production. Inventory Management-I have developed a best practices workflow and worked with the employees responsible for purchasing and inventory to better their skills at tracking inventory as it is ordered, entered into their system, and sent out. I have also worked on streamlining their accounting system to remove duplicate inventory items and create items that didn't exist. Production Management- I have worked with the management to implement a series of methods for tracking production,both in the product manufacturing and field service aspects of the business. I have implemented various in-house databases to help the company keep track of their current and past production SOUTHERN TECHNICAL CONTROL 10 12008 - 03 12010 Purchasing Manager Handled inventory levels, bought and sold obsolete and used parts, part repairs, sourced parts for 20+ field service personnel,billed parts used on various projects as well as estimated parts to be used on projects. NUECES STONE QUARRY 10 12006 - 0112008 Manager Managed all aspects of the business including inventory, product sourcing, commercial and residential accounts, employees and bookkeeping. EDUCATION TEXAS A&M UNIVERSITY-CORPUS CHRISTI 2002 - 2006 None, GIS/Geomatics GIS/Geomatics Club Research Assistant on Aerial Imaging System RICHARD KING HIGH SCHOOL 1998 - 2002 High School Diploma German Club Student Council Senior Council Academic Decathlon CISCO/CCNA Training HONORS Eagle Scout Award CERTIFICATIONS OFFSHORE WATER SURVIVAL HUET 0212014 Falck Safety Services(US) SAFELANDUSA 0212014 PEC Safety License:PEC100474939 SAFEGULF 0212014 PEC Safety License:PEC100474939 TWIC 12 12015 - 12 12020 Transportation Security Administration(TSA) LANGUAGES • German • English PUBLICATIONS THE BEND MAGAZINE 0612014 Gemstone Media, LLC / Jordan Regas Authors: Jason Page - http://issuu.comlthebendmag/docs/tb_06_14_online/5?e=11308897/8089670 This was a very last minute shoot that I couldn't refuse. When else can I invite Roger Creager to visit our familys barbeque place AND get to photograph him with his dad? I said yes immediately!We photographed Roger and his dad enjoying an ice cold beer and having a good of time.Then we got a few posed and natural/candid shots of the two of them against some 200 year old doors and a 60 year old but with the Texas flag painted on the side. THE ONE BRIDE GUIDE 0612014 McCleod Creative Authors: Jason Page - http://www.theonebrideguide.com/magazinelVol7 Issue2/TheOne_Vol7Issue2 Final_web.pdf I had the pleasure of coming up with a session with one of my brides to help tie in The One's issue theme, "A Pop of Color".I wanted to literally bring that pop to the cover by including brightly colored,24"balloons.Natural makeup was provided by Kayla Alvarez and hair was done by Shear Illusions. ZOMBSHELLS!!! 2013 ZOMBIE CALENDAR 1012012 Self Published • Authors:Jason Page • http✓/photos iasondavidpage.com/zombshells This collaborative effort features eleven zombie models and even includes a centerfold. Photography, Design &Layout by Jason Page,Makeup &Hairstyling by Ashle Riff,Lead Model Amanda Ramirez (aka Mandi Mayhem).Each calendar is 9x12 printed on glossy paper and includes a single hang-hole. SOUTH TEXAS WEDDINGS MAGAZINE 07/2011 STWM-July 2011 • Authors:Jason Page,Joanne Klein For this issue of the South Texas Weddings Magazine, I performed the issue's multipage layout and creative design. I also was responsible for the cover photography. CITY OF CORPUS CHRISTI Submit Date: Jan 14, 2017 Application for a City Board, Commission, Committee or Corporation Profile Josh Richline First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 16 If yes,how many years? Primary Phone Alternate Phone Richline Technical Services Partner-Business Development Employer Job Title 114 Mesquite St Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Josh Richline Page 1 of 5 78401 Work Address-Zip Code 361-882-6297 Work Phone jrichline@a richline.cc Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Current Board Member of Corpus Christi Yacht Club (as such MAY qualify as representing a restaurant or attraction-not sure). Owner Richline Technical Services-Information Technology Company specializing in support small and medium businesses' Computer and Network Support for over 16 years. Past Fleet Captain Corpus Christi MORF (the sailing fleet here in Corpus Christi). College at Southwest Texas State (now Texas State at San Marcos) Why are you interested in serving on a City board, commission or committee? Demographics Josh Richline Page 2 of 5 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Josh Richline Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Josh Richline Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Josh Richline Page 5 of 5 City Of Corpus Christi CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY BOARD DETAILS SIZE 11 Seats The Corpus Christi Regional fn Transportation Authority operates and 107 TERM LENGTH 2 Years provides for a public transportation OVERVIEW TERM LIMIT 8 Yearssystem for Nueces County and the cities included in the Authority. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Board of Directors consist of eleven (11) members-five(5)appointed by the City F-Fo-k Council;three(3)appointed by Nueces County Commissioners Court;two(2) appointed by the Mayors of Cities in the Transit Authority other than Corpus Christi,and the Chairman who is appointed by the Board.The principal municipality shall make its appointments to the board so that at least one of the DETAILS appointees is designated to represent the interests of the transportation disadvantaged (elderly,persons with disabilities or low-income individual.)The statute does not mandate that this Board member be transportation disadvantaged. If the Chairman is from the membership,the entity that appointed that person will appoint a replacement.Terms shall be for two years; members may serve up to eight consecutive years as stated by State Law.The State Sunset Committee suggests that the appointing bodies should consider the appointment of a regular rider of the transit system.A member of the board must be a qualified voter residing in the authority. ........................................................................................................................................................................................................................................................ CREATION/AUTHORITY Ordinance No. 18285 in accordance with Article 1118x,V.A.C.S.Approved by electors in the cities of Corpus Christi,Agua Dulce, Driscoll,Gregory, Robstown, San Patricio,and in Nueces County on August 10, 1985. Resolution No.20363- Amended terms to two-years and set an eight-year service limitation for members; House Bill 1621.Transportation Code,Chapter 451.501, Metropolitan Rapid Transit Authorities. -.............................................................................................................................................................................................................................................................................................................................. MEETS 1st Wednesday,8:30 a.m., RTA Administration/Operations Facility,602 N. Staples Street _.............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Two-year terms. _.............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Corpus Christi Regional Transportation Authority OTHER INFORMATION CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Page 1 of 1 Corpus Christi Regional Transportation Authority Board June 19,2018 Five(5)vacancies with terms to 6/30/20 representing the following categories:4-City Appointees and 1-City Appointee-Transportation Disadvantaged. :.. 1 1 1 1 '®m George B.Clower CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Seeking Reappointment District 4 3 6/30/18 City 12/12100% Patricia B.Dominguez CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Seeking Reappointment District 1 Partial 6/30/18 City 6/875% Philip C.Skrobarczyk CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Seeking Reappointment District Partial 6/30/18 City 4/4100% Larry D.Young Sr. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Seeking Reappointment District 2 1 6/30/18 City 7/1258% Anne Bauman CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Seeking Reappointment District 5 Partial 6/30/18 City-Transportation Disadvantaged 7/7100% Edward Martinez CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 2 2 1/3/20 Regional Transportation Authority Tom Niskala CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 4 2 9/30/19 Nueces County Scott M.Harris CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 1 2 9/30/19 Nueces County Dan S.Leyendecker CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 4 1 9/30/19 Nueces County Mike Reeves CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 1 2 9/30/19 Mayor of other Cities Glenn Martin CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 2 9/30/19 Mayor of other Cities Corpus Christi Regional Transportation Authority Applicants June 19,2018 .. Work Address =M Priscilla Alvarez CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Alvarez&Co. 5702 S.Staples ste C-6 Corpus Christi TX City No `James B.Boggs CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Self Employed Corpus Christi TX City No Robert Cagle CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Retired from Repcon,Inc-VP Turnaround Division 6322 Grandvilliers Drive Corpus Christi TX City No Gabi S.Canales CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 Canales law Office 5262 S.Staples Street,Suite 100 Corpus Christi TX City No --Martin L.Evans CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Freedom Investment Counsel LLC 101 North Shoreline Blvd,STE 560 Corpus Christi TX City Yes Sylvia Ford CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Self Corpus Christi TX City No *'Robbin C.Goodman CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 TPCO America Corporation 5431 Hwy 35 Gregory TX City No Darlene K.Gregory CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 East Meets West Productions 1024 Leopard St,Suite A Corpus Christi TX City No Paulette G.Kluge CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District I Corpus Christi Convention and Visitors Bureau 101 North Shoreline#430 Corpus Christi TX City No --Michael L.Staff CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District I DRR&RS Inc. 6342 Harwick St Corpus Christi TX City No Lamont C.Taylor CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District I L.C.Taylor&Associates 1701 Stillman Corpus Christi TX City Yes --Bill Tinney CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 2 TKO Alarms and Security TX City No --Carlos Vargas CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 3 London ISD 1306 FM 43 Corpus Christi TX City No Matthew Woolbright CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 LotusGroup Advisors 201 Milwuakee St,Suite 200 Texas City No -Application is more than a year old.Interest re-confirmed on 6-15-18. --Application more than 1 year old.Multiple attempts to contact applicant via phone and email made,with no response from applicant. CITY OF CORPUS CHRISTI Submit Date: Sep 02, 2017 Application for a City Board, Commission, Committee or Corporation Profile Priscilla Alvarez First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 39 If yes,how many years? Primary Phone Alternate Phone Alvarez & Co. Owner Employer Job Title 5702 S. Staples ste C-6 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Priscilla Alvarez Page 1 of 5 78413 Work Address-Zip Code prisalvarezl3@a gmail.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Head of SST Girl Scouts, owner of lice removal services company, involved in Boy Scouts. Why are you interested in serving on a City board, commission or committee? To offer my assistance to my city that I was born and raised in and now raise a family and business in. I want to help make progress in this city. Demographics Gender W Female Verification Priscilla Alvarez Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Priscilla Alvarez Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? t Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r-- No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Priscilla Alvarez Page 4 of 5 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes t No Priscilla Alvarez Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: May 31, 2017 Application for a City Board, Commission, Committee or Corporation Profile James (Jim) B. Boggs _ AIA First Name Middle Initial Last 1%-, Suffix Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 53 years If yes,how many years? Primary Phone Alternate Phone Self Employed Sr. Architect Employer Job Title 4701 Donegal Drive Work Address-Street Address and Suite Number Corpus Christi, Work Address-City Texas Work Address-State James (Jim) B. Boggs AIA Page 1 of 5 78 413 Work Address-Zip Code 361/765-8923 Work Phone jimboggsregent@stx.rr.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) Professional Degree of Architecture/Design Texas Tech University previous Public Service: 10 years Board of Regents Del Mar College Two (2) terms Municipal Arts Commission for the City of Corpus Chrsiti One Term Library Board (City of CC) PP Corpus Christi Chapter American Institute of Architects. Various committees Texas Society of Architects. Leadership Corpus Christi I, Member First United Methodist Church Served 10 years as president of Wood River Community Association Why are you interested in serving on a City board, commission or committee? Serving on Community/City/state boards and commissions is life fulfilling It allows one to share with others the ideas and concepts acquired while practicing ones profession. By serving on other committees and boards one becomes a more knowledgeable person and can share more knowledge with others. My Architecture Thesis (necessary to graduate) was a Transportation Center for the City of Fort Worth, TX and much was learned about inter/intra-city Transportation Partial_Resume_Jim Boggs AIA_6- 17.doc Upload a Resume James (Jim) B. Boggs AIA Page 2 of 5 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree James (Jim) B. Boggs AIA Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. James (Jim) B. Boggs AIA Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No James (Jim) B. Boggs AIA Page 5 of 5 • DMC Board as Regent for 10 years (2006—2016) • Architect, City of Corpus Christi Department of Engineering Services • Coastal Bend Regional Park Foundation Founding member • Texas Ranching Heritage and Horse Park Association Founding Board member • The Arts Council of Corpus Christi Past President • Texas Tech University College of Architecture Alumni Association,which established the "Fund For Excellence"and the "Distinguished Alumni"Awards and 27 Scholarship funds. During his chairmanship the College of Architecture at Texas Tech University was established, separate from the School of Engineering • Municipal Arts Commission, Chair • Corpus Christi Library Board,Vice Chair • American Institute of Architects • Texas Society of Architects • Cross-town Kiwanis Club Distinguished/Founding President • Kiwanis International Division 4, Distinguished Lt. Governor • Leadership Corpus Christi, Graduate of Class 1; active in LCC Alumni Association • Community service and board memberships include Boy Scouts of America, Corpus Christi Emmaus Community,Bucarader Parade Organization, 15 years, Corpus Christi First United Methodist Church • Wood River Commuity Assoc, President, 10 years. • Bold-Future Vision Action team member for Community Identity and Leadership Many other community organizations. CITY OF CORPUS CHRISTI Submit Date: Jan 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Robert Cagle First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 19 Years If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Retired from Repcon, Inc - VP Retired from Repcon, Inc - VP Turnaround Division Turnaround Division Employer f itle 6322 Grandvilliers Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Robert Cagle Page 1 of 5 TX Work Address-State 78414 Work Address-Zip Code 3618159982 Work Phone rcagle@mygrande.net Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Previously served on Marina Advisory Committee. Education, Professional and/or Community Activity (Present) BS Engineering Science and Mechanics - N. C. State University MBA - Lamar University Chairman - Salvation Army Advisory Board Coastal Bend Food Bank Board Member PresidentNice President - Master Kings Crossing HOA Member - Rotary Club of Corpus Christi (Downtown) - past two term Board Member Why are you interested in serving on a City board, commission or committee? I believe I can help manage the Corpus Christi RTA as it evolves to meet its obligations in our currently growing community. I have a background in refining and refining support businesses and the not for profit sectors of the economy. RCC Resume 1-18.doc Upload a Resume Robert Cagle Page 2 of 5 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Robert Cagle Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. No code of ethic issues. Robert Cagle Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Robert Cagle Page 5 of 5 ROBERT CAGLE Summary: General manager with 37 years of broad based experience in crude oil refining and supporting contractor businesses. Greatest asset is leading organizations through change processes that improves performance. Utilize team based open management style to engage entire organization, from management to front-line. Led organizations to develop business plans that focus on "critical few" items necessary for success and delivered measurable improvements using this approach with small and large organizations. Retired from industry in 2014 and am currently focused in charity and political work in the Corpus Christi area. PROFESSIONAL EXPERIENCE COMMUNITY INVOLVEMENT • Chairman—Salvation Army of Corpus Christi Advisory Board • Coastal Bend Food Bank—Board Member • Rotary Club of Corpus Christi(Downtown)—Past two term Board Member • Master Kings Crossing HOA—President/Vice President • Past Member Corpus Christi Marina Advisory Committee • Election Judge for local precincts REPCON, INC. 2002-2014 Vice President—Turnaround Division Repcon, Inc is a turnaround maintenance and construction company based in Corpus Christi, Texas. Repcon performs maintenance turnarounds in refineries and chemical plants throughout the United States. Responsible for P&L performance of the Turnaround Division(approximately 90% of Repcon's revenue). • Led the development of a five year plan to double the size of the company. Reached the five year goal in year four— exceeded the plan by year five. Profits exceeded plan forecasts. • Managed day to day operations of the division. This includes the hiring and development of personnel to enable plan attainment. Company was awarded VPP Mobile Contractor Safety Designation by OSHA. • Provided expertise to successfully win two major multi-facility alliance agreements. In addition, developed many new clients targeted in the planning process. KOCH PETROLEUM GROUP, L.P. 1998 - 2001 Manager Engineering and Construction Services Primary responsibilities for capital project engineering and construction. • Annual capital budget—$50mm/year. • Managed contractor strategy and work execution. • Responsible for technical strategy to comply with various consent decrees. • Managed capital budget implementation Manager Reliability Services ROBERT CAGLE 2 Primary responsibilities for maintenance, contract execution, and outside operations of complex 300MBPD refining facility spread over 8 miles. Managed 450 direct employees and 200+ contractors with operating budget of—$160MM. • Reduced annual maintenance expense by$19MM over two years while maintaining and improving unit availability. • Reduced environmental agency reportables by 50%. • Facility received OSHA VPP Star Site recognition. • Introduced and implemented business planning and budgeting processes to enable improvements in both expense and capital execution. • Developed and implemented new contracting strategy to support refinery improvements. KOCH INDUSTRIES, INC. 1997 - 1998 Vice President,Koch Supply Services Responsible for implementing alliance and preferred supplier contracts for Koch Industries. • Developed and implemented process for field locations to use Corporate preferred suppliers. • Negotiated agreements with four suppliers for exclusive contracts (10% + savings). • Trained field locations on supply chain management. PETROLITE CORPORATION 1996 - 1997 1996 - 1997 Vice President International Business Development Petrolite is a chemical supplier to refining, oil field, and petrochemical industries. Responsible for developing new business in Far East and Latin America. Primary responsibilities were evaluating new markets, coordinating resources, developing indigenous distributors, creating business plans to justify resource requirements, and providing management support for these markets. • Researched, created, and implemented business plan for Republic of China after extensive visits to China. Was negotiating distributor contract when Baker Hughes purchased Petrolite. • Developed business plan for Japanese market with existing distributor. Helped repair damaged relationships between the two companies. PRIDE REFINING,ABILENE, TEXAS 1994- 1996 Vice President of Refining Responsible for refining, supply and distribution, and planning. Assets managed were 45 MBPD refinery, three product terminals, and two product pipelines approximately 100 miles each. Managed 165 people with operating budget of $14MM. • Reduced recordable injury rate from 11 in 1994 to 3.8 in 1995 and less than 2 in 1996. Received NPRA Gold Safety Award for 1995 and 1996. • Reduced operating cost by 14% (1995 vs. 1994)by implementing and reviewing a rigorous business plan. • Led successful negotiation of new exchange/purchase contract with major oil company that increased rateable gasoline sales by 25%. CHEVRON U.S.A. PRODUCTS COMPANY 1977 - 1994 ROBERT CAGLE 3 Manager-Transportation Fuels/Superintendent- Operations(Port Arthur) (1992-1994) Progressed from managing assets of one area to managing all refinery prime fuel process units. The refinery is a 200MBPD full integrated cracking/coking facility. Managed 45 exempt and 350 non-exempt personnel. Annual operating budget of $170MM. Primary duties were coordinating various operating related activities, developing employees, leading safety and environmental compliance efforts, and insuring controls were in place to effectively manage activities required to stay in business. In addition, was responsible for technical and routine maintenance performance. •Provided leadership to develop new organization during refinery sale to Clark. Operating costs were reduced and safety performance improved. • Managed operations and technical groups of refinery wide turnaround ($30MM)that was safely completed on budget and on schedule. • Led the formation of new departments as part of single-train downsizing. Developed processes to train 30-45%new operators displaced due to seniority layoffs. Worked with human resources and local unions to minimize disruptions to refinery operation. • Reduced safety and environmental incidents. Unit reliability improved through maintenance-operations teamwork. • Reduced operating costs at least 9%in all areas. • Set new throughput records on many units including cat reformer, cyclohexane unit, and delayed cokers. Team Leader-Manpower and Organization-Port Arthur Refinery Single Train Downsizing (1992) A decision was made to shut down duplicate processing equipment in refinery and downsize. Led team to design new organization and staff at appropriate manpower levels. Study was completed in less than two months and implemented. A new organization was developed that had many breakthrough ideas for Chevron. Also developed specific manpower measurements to benchmark against top competitors. Progressed through jobs listed below with increasing responsibility (1977-1992) Maintenance Superintendent- Shutdowns and Projects(Port Arthur) Area Supervisor- Operations(Port Arthur) Refining Representative- Career Development Task Force, Chevron Corporation, (San Francisco) Supervisor- Short Range Planning(Port Arthur) Supervisor-Long Range Planning(Port Arthur) Section Supervisor- Operations(El Segundo) Maintenance Planner- Shutdowns(El Segundo) Lead Engineer-Designs Engineering(El Segundo) Design Engineer-Designs Engineering(El Segundo) • Led group that developed PC based planning system that was first in corporation to be implemented. • Considered to be one of strongest leaders on task force that developed career development system adopted by corporation. • Managed and participated in variety of projects and planning studies that determined priorities for refinery. • Managed engineering for largest turnaround project Chevron U.S.A.had completed at that time. • Developed maintenance planning group as new organization. • Restored trouble prone area of operations to safe and reliable operation. WESTINGHOUSE-NUCLEAR COMPONENTS DIVISION, TAMPA, FLA. 1975 - 1976 Co-op Student EDUCATION MBA, Lamar University-Beaumont, Texas, 1988 B.S.Degree in Engineering Science and Mechanics, North Carolina State University, 1977 CITY OF CORPUS CHRISTI Submit Date: Sep 11, 2017 Application for a City Board, Commission, Committee or Corporation Profile Gabi S Canales First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 15 If yes,how many years? Primary Phone Alternate Phone Canales Law Office Attorney Employer Job Title 5262 S. Staples Street , Suite 100 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Gabi S Canales Page 1 of 5 78412 Work Address-Zip Code 361-887-4700 Work Phone gabilawl4@gmail.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I do not currently serve on any other City board commission or committee Education, Professional and/or Community Activity (Present) Please see attached resume. Why are you interested in serving on a City board, commission or committee? I am interested is serving on the City of Corpus Christi RTA board because as Moshe Feldenkrais so brilliantly stated "Movement (transportation) is life. Life is a process. Improve the quality of the process and you improve the quality of life itself." Corpus Christi is an amazing city with wonderful residents. I would love to be part of the movement that improves the process which would improve the quality of an already phenomenal city. IMG 3080.PNG Upload a Resume IMG 3081.PNG Please upload any additional supporting documents. Gabi S Canales Page 2 of 5 Demographics Gender 9 Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Gabi S Canales Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Gabi S Canales Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Gabi S Canales Page 5 of 5 2 1:! i�, �rnriJrx [�hje�tirrc 'Crr 6r rill LI III ±f L:,AVi-K Ctiri,ii',RTA 1ti'and%bhme 1 ew—i Lin ilim in I% LkM&mA lh- rrrrativxly hn9johixl wdlh n;ti41rr1I Ilial rlrrc liw + td1 Irrr KmK t11 1A tlur cit}•. Ex perien ce C-Nnl4eRLa-Office 15'Fvb-l"io!jgillWorking QUIiwdrV rkjl Iur:r ill u luu::; %Ilu,un. Imm:q•rthriAl®c s-%rO.i%pirliur-ind lA.41i;ialnixl 1 mimrvl IriAk Lrr;,lIl1ML,11,.b1k%I,:«31 IN14 I1111tirrl I1:•Iwr 13r.,1,4rimm11H111S%]'.11 I:9r7u AHHS �Ii'.k ,r.IN 011MI1111% A.,Ii.-Il. lr1 rar17r71 Raaci 74-Agg,19%40 Slill 1 kng ow1rrWerp,e,meor .�10111.,:�•IIIE made and.hwuiox riWaii01ri of rhe rwkli E1Jurlr,lion $1.Mary m Uniw,rrsity Scrlval Of Law -2R-De1c,I YM IiaerrrdjwL pl111k1ltir FLA.11r1.1. ! IL-111r., `rexr-%%filii#ry Inkliturte•MMwir l"2 11110,111u. Projretn fomLk r UmgmI-o cwpu,Cbrim i mem ber I B&AM 1wjbaerr®idc,rrcd rar111rit.ew-lxr%(AnWi frrwwIrjj�rAmA5rym FniluAliin I nrr"sm1 r1111i1#-Il1un rNN11l1wmtF m incl)1i 4111'Illtmf OrLylll-LikkT'IN>Jr1i �s}rrlir f�dn>!il�in� P*U*2 (Wi S.dial 1 L SPG L P sDivwa a (3FIdIh Kla+-e��I{3arh�l 1{i fwrti:FrC�i i yry IY:rilp i9 L7rJa klahnr.=A i5n#}aril I dna&Mhi'ug in r r l'w� �i�c 1€I�i 7c �1. �c+l+ter Ifs Iw�ir�l Jt�l r}Mi 1 a LlmldRklrl Ihrl 1 iii fiJ}9{mmWird Ifni'Cie Iwsilirn arnl wrll E:.a 4i,mix arkkGwi 4"Itm bu LL. 1 aWLbf-N-mi fMM%m*raliea. 14-M lw rwfpW m rle nu.mbm ah+ve eie m W+mba Wro.1k In-jr furl�rr-rjrrr jIl� hnL '%4W mak [id6 CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2017 Application for a City Board, Commission, Committee or Corporation Profile Martin L. Evans First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 50 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Freedom Investment Counsel LLC Owner Employer Job Title 101 North Shoreline Blvd, STE 560 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Martin L. Evans Page 1 of 6 TX Work Address-State 78401 Work Address-Zip Code Marty@Freedom-ic.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE: Submitted PLANNING COMMISSION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted AIRPORT BOARD: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) BS Political Science & History Ed, Texas A&I University Why are you interested in serving on a City board, commission or committee? City Board_Resume.doc Upload a Resume Martin L. Evans Page 2 of 6 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Martin L. Evans Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Martin L. Evans Page 4 of 6 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Financial Institutions Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) t Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and qualified elector* of the District (Nueces County)? i- Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you resided in the District for at least 2 years? rYes rNo Martin L. Evans Page 5 of 6 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? r-- Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Have you been a resident of Nueces County for at least 6 months? r Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes (- No Martin L. Evans Page 6 of 6 MARTIN L. EVANS BACKGROUND: Following college graduation served as a career commissioned officer in the U. S. Army with leadership and management positions in a wide variety of demanding jobs throughout the United States, Europe,the Caribbean, and Central America. Following that, served as Pilot with a regional Part 135 air freight carrier in South Texas. Following that, served as a Financial Advisor and Investment Management Consultant with a major Wall Street Investment Firm. Small business owner in Corpus Christi for past 6 years. PAST POSITIONS &ACTIVITIES RELEVANT TO POSITION BEING SOUGHT: Service Platoon Leader U.S.Army Tank Battalion, Germany Leadership and supervision of 30+ soldiers; Responsible for a fleet of 30 medium trucks, fuel tankers & all terrain ammunition haulers; Logistical support of rations, fuel, supplies and ammunition to an armored tank battalion with 50 heavy tanks and 500+personnel. Tank Battalion Inteligence Officer, US Army Germany Senior Staff Officer; Information gathering and analysis; Operational planing; Threat analysis; Force protection and operational security; combat readiness training Operations Officer, US Army Garrison, San Juan, Puerto Rico Command VIP breifing officer; Operational plans and training; Helicopter support to multiple military commands and government agencies in Puerto Rico and the US Virgin Islands; Disastor relief and humanitarian assistance operational support Installation Inspector General, US Army Ft. Sam Houston,Texas Personal advisor to the chief executive officer of a major military installation; Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual operating budget in excess of $20 million. Investigated and reported to the commander on non-criminal complaints and allegations; Provided counseling and assistance on complex personal problems reported by employees and clients; budgeting oversight and internal controls Aviation Operations Staff Officer, US Army South, Panama(Operation Just Cause) Aviation issues briefing officer for Commander US Army South;Aviation operations planning and coordination at senior Army command;planned and participated in nation building operations to remote regions of Panama; Protocol escort officer for Secretary of the Army and U.S.Army Chief of Staff on two separate Command visits Aviation Batalion Executive Officer, US Army Honduras &El Salvador Coordinated downed aircraft and casualty recovery in a combat environment; Provided aviation support for International Election Monitors, El Salvador Nationl Reconciliation Elections 1991; Set up and maintained a remote communications relay network supporting aviation operations in a tropical mountainous region of Central America; Provided helicopter transport for medical teams on medical assistance missions to remote indigenous tribes of Honduras; Provided aviation support to US Embasys El Salvador and Honduras Financial advisor with a global investment firm. SKILLS SUMMARY: Excellent communications, written&verbal Financial planning and analysis Multi level employee supervision experince Strategic planning and policy formulation Preparation and presentation of formal briefings Training and Teaching Information analysis and reporting Computer and Internet savvy Project development and oversight Marketing and sales Budgeting P&L analysis EXPERINCE: May 2009—Present Registered Principle/Owner—Freedom Investment Counsel LLC Established my own independent financial advisory practice to continue performing duties and responsibilities similar to those performed while employed in the financial services industry described below. Apr 1997- May 2009 Financial Advisor& Investment Management Consultant UBS PaineWebber, Corpus Christi, TX Developed new client relationships. Serviced clients in the areas of personal financial plans, employer sponsored retirement plans, securities and insurance sales. Supervised customer service and support staff. Achieved advanced professional designation as an Investment Management Consultant. Developed and maintained a personal business plan. Managed investment strategies in over 200 client relationships working to educate and assist clients in the investment decision making process. Daily activities include financial planning,investment performance analysis, marketing plan implementation, substantial client contact and frequent coordination with outside vendors or product managers. Assisted with new employee selection and training. Grew capital responsibility and personal production for six consecutive years. Current capital responsibility$30,000,000+. Trailing 12 month production$215,000. Awarded special corporate recognition in 1998 for qualifying in the top 10% of peer group for new accounts and new assets under management. Nov 1995-Apr 1997 Account Executive,Dean Witter, Corpus Christi, TX New client development, securities sales and marketing. (See above) Jul 1994-Jan 1997 Air Carrier Pilot, Part 135 Operations, Aero Pak, San Antonio,TX Pilot for an overnight air freight operator. Aug 1991-Jul 1994 Aviation Division Chief,Fifth U.S.Army, Ft. Sam Houston,TX Supervised a 5-person management evaluation team validating aviation organization's training, safety, standardization and maintenance programs in an eight-state area. Inspected compliance with established regulations and policies. Insured internal controls and budget expenditure reporting procedures. Participated in formulation of policy and operational plans. Provided oversight and inspection Jan 1991-Aug 1991 Executive Officer, 4th BN 228th Aviation Regt., Soto Cano AB, Honduras Supervised a management team responsible for aviation operations in 5 Central American countries with 30 helicopters and 300 employees. Developed a goal oriented aviation maintenance management program, improving aircraft availability rates by over 10% allowing increased operating tempo. Developed and implemented organizational structure changes to enhance aviation support in Central America. Jan 1990-Jan 1991 Aviation Operations Officer, U.S.Army South, Ft. Clayton, Panama Provided staff oversight and support of aviation operations for a major military headquarters during and after Operation Just Cause. Organized and conducted frequent formal decision briefings and informative presentations for senior executive leadership and high level political and government leaders. Selected principal escort officer for Secretary of the Army and U.S.Army Chief of Staff on two separate command visits. Utilized persuasive skills in the corporate decision process. Feb 1986-Jan 1990 Inspector General, Headquarters USAG, Ft. Sam Houston,TX Personal advisor to the chief executive officer of a major military installation. Responsible for formulation and interpretation of policies and regulations. Established a systematic inspection program to insure compliance with prescribed operating procedures. Received, evaluated and recommended action on special issues raised by employees and customers. Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual budget in excess of $20 million. Supervised 5 staff specialists. Computer skills and other Qualifications: Microsoft Office Suite NASD Series 7 Series 65 Windows NT Series 63 Series 31 MS Word ACT Contact Management data Investment Management base Consultant MS Excel MS PowerPoint Internet savvy Group one life & annuity insurance license Education: Graduated Calallen Highschool 1969, BS in Political Science &History ED, Texas A& I University, Distinguished Military Graduate;Army Command and General Staff College (graduate level). Investment Management Consultant program UBS PaineWebber. CITY OF CORPUS CHRISTI Submit Date: Apr 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Sylvia Ford First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 57 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Public Speaker i mployer Job Title 3306 New Bedford Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Sylvia Ford Page 1 of 6 TX Work Address-State 78414 Work Address-Zip Code 361 5586082 Work Phone sford@stx.rr.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Current Education - Leadership/Management, Fundraising Crowd Funding Management Board Member - Leadership Corpus Christi Alumni, Corpus Christi Metro Ministries Why are you interested in serving on a City board, commission or committee? Servant-Leader. Natural willingness to apply my expertise, experiences and knowledge to enrich the lives of our community and ultimately create a more just and caring community with highest "quality of life" standards Sylvia A Ford Board Commision Resume..docx Upload a Resume Sylvia Ford Page 2 of 6 Demographics Gender P Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Sylvia Ford Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes ' No Sylvia Ford Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) tr Yes r- No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes ' No Sylvia Ford Page 5 of 6 Sylvia Ford Page 6 of 6 Sylvia A. Ford EXECUTIVE PROFILE Visionary professional with accomplished broad-based and progressive experience in Public Relations, Public Speaking, Administrative Management Business Development, Strategic Operating Strategies, Finance and Human Resources. Proven ability to work as a leader to integrate functions within the overall business goals. SKILL HIGHLIGHTS Market research and analysis *Possess ability to conduct market Business operations organization research/analysis to develop Innovative Product successful measurable Development/implementation programs/activities Effective public speaker *Concise strategic planner in business operations organization with innovative product development and implementation *Outstanding public speaker with clear Delivery of message to targeted audience CORE ACCOMPLISHMENTS Public Relations • Spearheaded many public speaking forums with targeted audience to develop and sustain the buy in of required parties to reach project success • Identified/produced partnerships that were most unlikely to identify their commonality for project goals Business Development/Project Management • Created/managed the roll out of new and innovative programs that benefited Corporate/City/County strategic goals • Instituted all functions related to programs to include budget dynamics Human Resources/Staff Development • Administered Human Resources regulatory requirements throughout corporate functions • Spearheaded new leadership program which increased retention • Mentored and coached employees resulting in a 42% increase in productivity and 99% in employee retention PROFESSIONAL EXPERIENCE Current Public Speaker Educational/Motivational Independent Consultant Responsible for development and directing launch of new programs using municipality grants related to economic development/housing/entrepreneurs. Strengthened municipality partner and community buy in base by 100%. Spearhead cross-functional initiative to achieve regulatory standard requirements. Director/Non-Profit Organization, Corpus Christi, TX Identified/negotiated new branch location in Corpus Christi and secured funding resources. Accountable for overall South Texas regional operations. Managed program/product implementation. Senior Management/Banking-Finance Industry, Corpus Christi, TX Public Relations, Finance, Audit/Compliance, Human Resources, Community Development Maintained all department operations related to OCC exams, budget, business development, public relations, community development. Developed and directed strategy for launch of new products that captured 90% of market share. Initiated/implemented new mortgage lending division in Corpus Christi region in partnership with City of Corpus Christi Affordable Housing program HUD grant. Maintained loan portfolio. Directed, supervised and coordinated work activities in Human Resources administration for subordinates/staff relating to employment, compensation, labor standards. Managed staff performance, audits, disputes, disciplinary action. Analyzed and modified compensation benefit policies and conducted human resources compliant investigations. Maintained standards/procedures and updated employee job descriptions. COMMUNITY INVOLVEMENT EXPERIENCE President Corpus Christi Community Development Corporation (5 terms) Committee City of Corpus Christi Type A Board/Business job Development Team HUD Affordable Housing Community Improvement Corporation Loan Review job Search/Interview Panels Housing/Economic Development Housing Authority Governor's Roundtable Housing/Economic Development HUD Advisory Committee Partnership Corpus Christi Regional Economic Development Corporation Board Christus Spohn - Houston TX Member Junior League of Corpus Christi, League of Women Voters, Leadership Corpus Christi Alumni EDUCATION Institute of Banking Certification Del Mar College CITY OF CORPUS CHRISTI Submit Date: Nov 14, 2016 Application for a City Board, Commission, Committee or Corporation Profile Robbin C Goodman First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 2 If yes,how many years? Primary Phone Alternate Phone TPCO America Corporation Business Operations Specialist Employer Job Title 5431 Hwy 35 Work Address-Street Address and Suite Number Gregory Work Address-City Texas Work Address-State Robbin C Goodman Page 1 of 5 78359 Work Address-Zip Code 361-704-8129 Work Phone robbing@tpcoamerica.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Texas A&M University — Corpus Christi 2014-2016 Bachelors of Arts in Economics (to be awarded December 2016) American Petroleum Institute - Corpus Christi Chapter Ronald McDonald House of Corpus Christi Why are you interested in serving on a City board, commission or committee? Robbin_Resume.pdf Upload a Resume Demographics Robbin C Goodman Page 2 of 5 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Robbin C Goodman Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Robbin C Goodman Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Robbin C Goodman Page 5 of 5 ❑❑BB 1111 ❑❑❑❑ ❑❑❑DM❑ ❑ ❑B E�iness ❑Orations ❑CL-as dt QUALIFICATIONS ❑10 ❑ears ❑Gina-Cjnese ❑CIbrienEb E3.5 ❑ears ❑il@eCd [IF] erlenEe Tent Mandarin ❑❑nese 1111[Ade❑i❑[leaders 1i❑❑CIbrienCb CLnternationa--lien 1b ❑esearCl]❑CIbrienEc C❑1CC1eCd ❑ ❑eoCdCy ❑e ationsCi❑❑etwor❑ WORK EXPERIENCE 8/2014-Current TPCO America Corporation Gregory,Texas,USA BUSINESS OPERATIONS SPECIALIST CIDSSlstinEtCb ❑Cb113iCe Cea❑ wit❑Idlidtatin❑aDTrate Caln❑hEb translaltion and interCretation as needed. FFk-,rCin❑as Iiiiison Cbtween AandhPiCb ❑roEll CIDorCbration[land EP❑❑ ❑❑eri-a ell CIdyees. CIDoordinatin❑Cb Cain[Brans Cbrtation Clbe Carin[I letters o❑lh Citation and assistin❑wit❑Cisa aCDilCations Cdr de Id Cates Wo 11 1111. ®reatin CT aintainin❑and i❑Clb❑entire❑a CIarita CId Cbntri[Bion CIln. [Ile CresentinCII-lannin[land orCaniCin1l1:toEta1ls to [To❑ote Cbod wiCMnd relations Cbtween tCb Cd CaCIb❑❑Ehity ❑ ❑P❑❑e❑Cldyees. DeCbCdCin❑and i❑CId❑entire❑e❑❑13yee en Eh bent CIln to CIild Cbod wi❑hnd relitionsCiEs Ebtween ❑P❑❑e❑Cldyees. genera---siness ser CiCbs inUlldin❑❑aintenanEb o❑CbysCannCaCbCdlator insCbC3ionCaerCiCb CbntraLis and otCbrs serCiCbs as re❑=ired. 11h1lE3 on ❑❑and ❑d❑inistratiCe CbC Cany CroCbsses to iF IloCb elfilien4_ CID Cbrseein❑we Caite Cdr Content. CID Cbrseein❑Cb❑Cany e❑aiCassi Cn[lents. 5/2014-7/2014 Efood Trading Co.(Tianjin) Tianjin,P.R.C. BUSINESS CONSULTANT C❑eCresented CoCCany at ❑CID❑internationa--ood and CbCbraCb eCIbsition in 11CanCLai C❑e Cotiated wit C s❑Tiers in ❑Cinese CLn Tis-and ❑Canis❑ ❑Desi Cued Ci[inEla--arCetin❑❑ateria❑s CDeCbbCed13213 CLsto-eraE[bEhts ❑❑andCdd Cb❑❑EhiCationswit❑sM iers ro_ _-ainEMaCaysia ❑ ❑Caiand 1/2014-7/2014 Fengshang Culture Club Tianjin,P.R.C. CUSTOMER RELATIONS INTERN ❑De Ce Cd Cod internationa-went a CIb Lints ❑Cnter[�Cbd wit❑internationaCand @CAEF]iJ nt Case LIP Canned and C ana F_-ed =a Ili Cities and e Cents ❑11e[bra Cbd soca--edia to en Ca Cb C1ato11ers and Caintain reCdtionsCi1a ❑De Cb Cd Cbd intemationa Cb CIansion strate 4 and Ci Cih CIa❑11 ar Cbtin❑❑ateria 5/2013-9/2013 China University of Geoscience Beijing,P.R.C. GEOLOGY REASERCH INTERN CPreCarm113eEd reCbrtsmaCaCand Cross NeEtion diaEra❑s 11PreCarin❑Per❑eaCili y ❑ Porosity CraCLs Cor 3 11 CLI eCN ❑❑ssistin❑on CboCdCiCaCaCrCby o❑❑enan Eold [line ❑PerCdr❑in❑❑iEtoCroCe analysis oCromsa❑CIds at❑e Cas ❑❑M ❑nihrsity 4/2013-5/2013 Urban Surveying Inc. Victoria,TX,USA SURVEY FIELD CREW INTERN 1111 Ceratin❑Cl i❑CId ❑P❑e EH[Lent in Cr Can and Cele Cd en Ciron❑ent ❑11earnin❑Casi C:§o❑Eto Certy Cb Ehdary and o i E@e Cd s Cr Ley ❑❑o❑CIdtin❑ran Cb oCoi-ie Cd sJ by tasISCataCin❑o Ewe--aasTi_eines-and wor-ease-ents ❑❑aures City royalties sCr-ey ®rMaratCbn Ci❑ ❑❑BB 1111 ❑❑ ❑❑ ❑❑❑DM❑❑ ❑B E�iness ❑Orations ❑CL-as[M 8/2012-12/2012 University of Mississippi Oxford,MS,USA CHINESE TEACHING ASSISSTANT 11Eieadin❑a ❑ass o❑10 new Mandarin stEdents ❑❑ond[F3 wee Ely AanEL:ftCe tEtorinCin Mandarin Chnese ❑❑radia❑o❑Cb❑ewor[l3estsand aCers 01/2012-6/2012 China University of Geoscience Beijing,P.R.C. REASERCH ASSITANT C❑oFgEtEbredaCade❑i❑CaCbrwit❑PetroCoCy CroCessor 11Cditin11a1,kde1li11CaEbrs Cor ❑Qti[Sd researmtea❑s 1Parti[iCatin❑in a[Ade❑i❑dis[]::gsions [ din❑[I1t[re researIll 6/2011-8/2011 Drill String Services Inc. Victoria,TX,USA MACHINE SHOP ASSISTANT ❑11Cnnin11FTi-,1l11,kC-O-eSS EEbsEl:hte Cbatin❑❑a[Zined Certs CMaintainin❑daiCyl orderliness o❑too❑Cri❑and sEb11Oor CPre Garin❑re E:hired dri ACstea 11 Edo An❑and A,[fin[E30 1b ret Caned to [oto❑er ❑❑e Ere sentin❑1b❑any on of Ji❑a Abint o❑Abnta 11 Cor[oto❑er in ❑Eld® de[d o Cbrations. Education Ce Cas 11❑M ❑niEbrsity ❑❑or[T-k ❑Ctisti 201❑1201❑ Ba❑e,ors o❑❑rts in ❑Cbno❑iC�; [flo Ce awarded DeAb❑Cbr 201[17 ❑ni Abrsity o CMississi Eli 20101201❑ ❑o Abse o 11C1 Cdy[deo 16 A E�[1h Aineerin QMandarin ❑Cinese ❑ianCih ❑or❑amniCbrsity 20131201❑ ❑Ainese ❑anEEaEe ❑IdE�11❑1laatone ❑Cass [leader 1111na ❑niEbrsity o❑❑eoslienEe [BeiAinFT-201112012 ❑Ainese ❑oEbrn❑ent ❑EEo1drsA1❑❑❑eo164 ❑Cinese ❑anE Ae IIAE1 Ii❑❑enter ❑inCdao 2010 12. Ale[1�n[a ❑Js Cb C1[17[1bo❑ ❑i m❑1Zbo EDe Jee Academic Work 2012 DonFM_EIom_m1]io[17.E1l EEood❑an m. 11.mOn1M_m ❑anFM 12013❑ ❑ir Abn ❑EP❑datin[land t Eb Abtro b Ei a Land Abo EEb❑i 1A EEbnstraints on ❑m EA m ll lranite in ❑estern ❑EhnanmAbaAd❑FQCations Cdr tCb [1osJe o❑tEb PaCdoEDetEYs 11 Ccan.Journal of Asian Earth Sciences E62E28212 m 201❑ MenFM .m anFM m[1Rm an=Fl-i[17.[17 ❑ood❑an[17_ ❑_ 1201m❑ea❑j ❑eta®in soi 1hnd ❑amts a[tier Con®er❑ sewa Ce irri ation at ❑ian 1111 ❑Rina EEI Case st Cdy assess❑ent.Agricultural Water Management❑171 A5311 m_ Awards and Scholarships ❑eE1§ CarCb []ward 16r 11Ctstandin1111Cade11i❑Per1&11 anE�in ❑Abno❑iA;201 El 11P 1111 ❑❑eri[A ❑ertidCAte o❑❑e lbEhition 20111 ❑Ab ❑an Fa Cb ❑AaA�Al❑❑Cdnese ❑aAtone 11EEbAarsAl112013 ❑❑eri CAn Petro®[17 [A stit Ale ®i lloria ELK]❑❑ELb tars A 112012E201❑ ❑❑eriCAnPetroCom ArlstitEle ®or[1:k ❑Ctistim❑❑❑EEb1drsCl❑20FPO 1❑ ❑❑eriCAnPetro Com ArlstitEle EIH@l�[17❑❑❑EEb&SAi❑201EI201❑ ❑Clnese ❑oEbrn❑ent ❑1ZbCarsA1❑2011 ❑niversity oCMississi[11 ❑Cade❑i❑❑FTkEdnE� 11EEb&sC11l2010 Certification ❑11111d1cEll ❑❑eriCan ❑o Ch Ci®ontEb CeaOin❑o❑CbreiCh ❑an EaEbs ❑11111❑❑❑CineseC2C[2C ❑raEProdA3eng CfiterAlew CIDP❑❑Cinese❑❑❑E1brior CITY OF CORPUS CHRISTI Submit Date: Sep 08, 2017 Application for a City Board, Commission, Committee or Corporation Profile Darlene K Gregory First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 26 If yes,how many years? Primary Phone Alternate Phone East Meets West Productions President Employer Job Title 1024 Leopard St, Suite A Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Darlene K Gregory Page 1 of 5 78401 Work Address-Zip Code 361-904-0044 Work Phone dgregory@eastmeetswestproductions.com Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Chairman of Parking Advisory Committee Education, Professional and/or Community Activity (Present) Masters Degree in Marketing;MBA, President of EMW Productions, LLC, dba East Meets West Productions; EMW Financial Management, LLC and Waterfront Communications, LLC. Chairman of Uptown Neighborhood Initiative National Association of Professional Women VIP Woman of the Year Circle SBA District IV Minority Business Champion of the Year (2007) Why are you interested in serving on a City board, commission or committee? I believe my business acumen and community involvement can be an asset to the RTA Board. As Chairman of the Parking Advisory Committee, and Uptown Neighborhood Initiative, I have worked with a diverse group of board members, and have chaired many non-profit boards over the past two decades. DKG Resume 2017.docx Upload a Resume CCRTA Award Letter.docx Please upload any additional supporting documents. Darlene K Gregory Page 2 of 5 Demographics Gender 9 Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Darlene K Gregory Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. No conflicts. Darlene K Gregory Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Darlene K Gregory Page 5 of 5 Darlene K. Greaory Summary of Experience: • Over 30 years in senior management positions with major marketing/revenue responsibilities for diversified media/consulting firms • Excellent interpersonal skills with clients, employees and vendors alike • Superior oral and written presentation skills • Award-winning creative design/market positioning campaigns, including print, direct response, film and web media • Solid skills in financial management, including budgeting, measurement of return on investment, and productivity of employees as it relates to net profitability. Employment History: EMW Productions, LLC dba East Meets West Productions President EMW Financial Management, LLC May, 1991 - present Waterfront Communications, LLC 1024 Leopard Street Corpus Christi,TX 78401 www.eastmeetswestproductions.com www.emwfinance.com www.unicoMus.com Responsibilities: As CEO, I am directly responsible for all phases of company management, including sales and marketing, design of client branding campaigns and strategic plans for clients; human resources, financial administration, and market positioning. Two offices employing 9 professionals, including Administration, Accounting, Creative Dept., Technical Services and Account Executives. EMW offers TV/film/print/outdoor/direct mail/digital advertising design, website design, optimization & hosting, e- commerce, custom database and software programming services, along with mobile applications development. The company also designs business & strategic plans, with full financial projections; and offers international conference and event planning services. Built the company to annual sales of $3M, serving industrial, medical, and institutional clients worldwide with advertising, marketing consultation, public relations, international event planning and publishing services. EMW Financial Management, LLC places loans with banks, hedge funds, REITs and angel investors for businesses wishing to expand or refinance, and acts as an advisor to companies wishing to buy or sell. Total loans placed exceed $40MM. Three successful sales of medical practices, exceeding $4MM. Waterfront Communications, LLC holds our commercial real estate investments and operates our fully leased office building. Contributing writer to Energy & Mining International Magazine, Plant Services Magazine, and Uptime Magazine. Cedar Rapids Gazette Company Advertising Manager Cedar Rapids,IA 1989-1991 Responsibilities: Supervised staff of 42 telemarketing and outside sales representatives responsible for generating $22 million annually, design staff and support staff. Reported directly to the General Manager as a division head. Designed and implemented promotions for additional, new revenue streams. Budgeting and financial reporting. Designed and implemented new front-end advertising/financial software system. Hired and trained staff, managed 20 key accounts. Designed in-house print, direct mail and electronic advertising materials/promotions. Designed employee handbook and compensation plans, including commission structures and MBOs. Functioned as PR liaison/event planner for the corporation. Hamilton Journal -News Advertising Manager Hamilton,OH 1987-1989 Responsibilities: Supervised 14 telemarketing and outside sales representatives responsible for generating $12 million annually. Managed key accounts. Designed and implemented promotions. Hired and trained staff. Budgeting and financial reporting. PR liaison for corporation. Corpus Christi Caller-Times Advertising Manager Corpus Christi,TX 1985-1987 Responsibilities: Supervised 38 telemarketing sales representatives responsible for generating $16 million annually. Key accounts management. Design and implementation of commission structures and promotions. Budgeting and financial reporting. Generated $250K in operating profit for department in first 90 days of employment. Member of Senior Management team selected by CEO of Harte-Hanks International to implement TQM training company-wide. Extensive travel training other managers in the chain. Prior to 1985: Held various positions nationwide as Advertising Manager or Key Accounts representative for midsized to major daily newspapers and magazines. Managed staff and redesigned many publications. Education: University of Iowa Master of Arts, Marketing; MBA Iowa City, IA New York University Bachelor of Science Awards: • National Association of Professional Women VIP Woman of The Year Circle 2016 • 2007 Minority Business Champion of the Year, Small Business Administration, District IV • International Film Festival Award for Industrial Film • American Advertising Federation ADDYs for Collateral Material and Television • ANCAM Award for Best Classified Advertising Promotion • INAME Award for Best Magazine • Editor & Publisher Award for Promotion • Keynote Speaker—Choice Hotels Owners Group Annual Meeting 2014 • Keynote Speaker—Meeting Planners International Conference 2001 • National Association of Professional Women —VIP Woman of The Year 2015 Community Involvement: • Board Chairman, Uptown Neighborhood Initiative 2010 —present • Chairman, City of Corpus Christi Parking Advisory Committee 2013 —present • City of Corpus Christi Plan CC Steering Committee 2014—present • City of Corpus Christi Plan CC Downtown Planning Committee 2014- present • SBA District IV Small Business Week Awards Nominating Committee 2005 —present • Downtown Revitalization Alliance Board of Directors 2014 - present • Marketing Instructor, Small Business Development Center, Del Mar College 2002 -2013 • Board of Directors, Stewardship & Media Ministries, First United 2001 - 2003 Methodist Church • Board of Directors, SCORE Chapter #221 2001-2003 • Vice Chairman, City of Corpus Christi Senior Community Services 1998-2001 Commission Financial Advisory Committee • Chairman, Corpus Christi Literacy Council 1998-2000 • Chairman, Board of Trustees, TX State Asian Cultures Museum 1994-1997 • Board of Directors, Corpus Christi Senior Orchestra 1997-1998 • President's Council, Texas A&M University-Corpus Christi 1994-1996 • Public Relations Director, Child Abuse Prevention Hotline 1994-1996 Professional and Personal References Upon Request Rosa Villarreal Corpus Christi Regional Transport Pmkml September 16, 2015 UP TyW 1 NEIGHBORHOOD INITIATIVE RE: Good Neighbor Awarab zv-L,) Dear Ms. Villarreal: Congratulations! You and the Corpus Christi Regional Transportation Authority have been chosen the Uptown Neighborhood Initiative's Good Neighbor of The Year. It is my great honor to present you with this award for the support and service CCRTA and your staff is bringing to the revitalization of Uptown Corpus Christi. Awards will be presented at UNI's Good Neighbor Awards on Thursday, October 15, 2013. The event will take place at the House of Rock, 517 Starr Street, Corpus Christi from 5:30pm—9pm. Enclosed please find a complete list of nominees and information on tables, tickets and sponsorship, along with two complimentary tickets to the event. UNI is a 501 (c) 4 organization and all donations are tax-deductible. Should you need further information, please do not hesitate to contact me. Once again, congratulations and we hope to see you at the event. Best personal regards, Darlene K. Gregory Chairman 1024 Leopard Street Corpus Christi, TX 78401 Tel: 361-904-0044 Fax: 361-904-0256 www.unicorpus.com CITY OF CORPUS CHRISTI Submit Date: Sep 05, 2017 Application for a City Board, Commission, Committee or Corporation Profile Paulette G Kluge First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 14 If yes,how many years? Primary Phone Alternate Phone Corpus Christi Convention and Visitors Bureau CEO Employer Job Title 101 North Shoreline #430 Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Paulette G Kluge Page 1 of 5 78401 Work Address-Zip Code 361-881-1877 Work Phone pkluge@visitcorpuschristitx.org Work E-mail address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes, Watershore and Beach Advisory. Will resign if appointed to RTA and ask another CCCVB staff member to serve Education, Professional and/or Community Activity (Present) Del Mar College Foundation Board, ISAC Why are you interested in serving on a City board, commission or committee? Transportation is very important to the hospitality industry Paulette Kluge Updated_Resume.doc Upload a Resume Demographics Gender V Female Verification Paulette G Kluge Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Paulette G Kluge Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r-- No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Paulette G Kluge Page 4 of 5 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes t No Paulette G Kluge Page 5 of 5 Paulette Kluge SUMMARY OF QUALIFICATION Hotel Sales and Marketing Executive with proven track record and expertise in hotels of varied size, culture and market segment. Proven leader establishing and directing high-performance teams. Success in developing marketing plans, cost structures and high levels of sales growth. Extensive knowledge of industry technology. Creative, enthusiastic, relationship-driven professional. ABBRIVIATED PROFESSIONAL EXPERIENCE CORPUS CHRISTI CONVENTION & VISITORS BUREAU Corpus Christi, TX 11/2013 - Present CEO OMNI HOTELS Corpus Christi, TX 5/2004 - 6/2013 Director of Sales and Marketing CARLSON COMPANIES 1997 - 2004 Minneapolis, MN 1993 - 1996 Radisson Hill country Resort and Spa 2001 - 2005 Director of Sales and Marketing Radisson Hotel International 2000 - 2001 District Director Regent Hotel International 1997 - 2001 Vice President of Sales and Marketing Radisson Hotels International 1993 - 1996 Director of Key Accounts GENCOM AMERICAN HOSPITALITY 1996 - 1997 Regional Vice President, Sales and Marketing SALES AND MARKETING POSITIONS 1979 - 1993 Rank Hotels of North America, Travel Resources-Sterling Hotel Group, Kaleidoscope Tours, San Antonio Convention and Visitors Bureau PARTICAL LIST OF PAST VOLUNTEER POSITIONS • Leadership Corpus Christ, Chair Class 38, steering committee Class 36 and Class 37 • Corpus Christi Symphony Orchestra, Board Member • Corpus Christi Convention and Visitors Bureau, Marketing Committee Chair • Destination Bayfront Committee, Member • Community Arts Advisory Council, Texas A & M University, CC, Board member • Corpus Christi Chamber Music Society, Board member • Leadership Corpus Christi, Executive Committee, Chair CURRENT VOLUNTEER POSITIONS • Del Mar College Foundation, Trustee, Vice President and Strategic Planning/Development Chair • Leadership Corpus Christi Alumni, Member • Leadership Corpus Christi, Board of Governors • Island Strategic Action Committee, Member • Water Shore & Beach Advisory Committee, Member CITY OF CORPUS CHRISTI Submit Date: Jan 06, 2017 Application for a City Board, Commission, Committee or Corporation Profile Michael L Staff First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 1 If yes,how many years? Primary Phone Alternate Phone DRR & RS Inc. Vice President Employer Job Title 6342 Harwick St Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Michael L Staff Page 1 of 5 78417 Work Address-Zip Code 3618530003 Work Phone mIstaff035@yahoo.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Retired Corpus Christi Police Officer - 22 yrs. United States Army - 4 yrs. Past Chairman of Corpus Christi Crime & Prevention Board - 2 yrs. Board Member - 6 yrs. Past President of CCPOA - 8.5 yrs. Past Coordinator of RTA Security - 7 yrs. Why are you interested in serving on a City board, commission or committee? Demographics Gender W Male Michael L Staff Page 2 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Michael L Staff Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Michael L Staff Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Michael L Staff Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Feb 05, 2018 Application for a City Board, Commission, Committee or Corporation Profile Lamont C. Taylor First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 50+ If yes,how many years? Primary Phone Alternate Phone L. C.Taylor & Associates CEO Employer Job Title 1701 Stillman Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Lamont C. Taylor Page 1 of 5 78407 Work Address-Zip Code 361 7394686 Work Phone Itshadow@gmail.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) M.A Trinity University, Co Chair Citizens Alliance for Fairness and Progress, and former Vice Chairman Board Member CCRTA Why are you interested in serving on a City board, commission or committee? Resume - _Lamont _C Taylor 2 .doc _ Upload a Resume Demographics Gender W Male Lamont C. Taylor Page 2 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Lamont C. Taylor Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Lamont C. Taylor Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r No Lamont C. Taylor Page 5 of 5 Lamont C. Taylor HIGHLIGHTS OF QUALIFICATIONS • 39 years of Transportation Experience • 25 years successful human resources experience • A born leader; effectively handled position of major responsibility on a continuous path of professional advancement • Results-driven achiever with exemplary planning and organizational skills, along with a high degree of detail orientation • Fast learner with a wide range of practical skills • Special talent for relating well with all types of people • Exceptional listener and communicator who effectively conveys information verbally and in writing • Effective in public speaking and media presentations • Skill in dealing with sensitive populations in a professional and concerned manner • Flexible team player that thrives in environments requiring ability to effectively prioritize and juggle multiple concurrent projects • A decision maker; resourceful and works well independently or as a cooperative team player • Highly motivated self-starter who takes initiative with minimum supervision • Extensive knowledge of the Corpus Christi community • Computer-literate performer with extensive software proficiency covering wide variety of applications PROFESSIONAL EXPERIENCE • Ensure Compliance with all aspects of DOT commitments. • Assure all Grants 5307,5309 DOJ, HUD and Homeland Security are properly assigned and compliance via the FTA team system . • Assure the integrity of the RTA Procurement process and the FTA 4220.1e procurement process. ■ Project Leader for ADA Title I, and Title II initiatives • Investigate employment practices and alleged violations of laws, in order to document and correct discriminatory factors. • Interpret civil rights laws and equal opportunity regulations for individuals and employers. • Study equal opportunity complaints in order to clarify issues. • Meet with persons involved in equal opportunity complaints in order to verify case information, and to arbitrate and settle disputes. • Coordinate, monitor, and revise complaint procedures to ensure timely processing and review of complaints. • Prepare reports of selection, survey, and other statistics, and recommendations for corrective action. • Conduct surveys and evaluate findings in order to determine if systematic discrimination exists. • Develop guidelines for non-discriminatory employment practices, and monitor their implementation and impact. • Review Company contracts to determine actions required to meet governmental equal opportunity provisions. • Counsel newly hired members of minority and disadvantaged groups, informing them about details of civil rights laws. • Instrumental in the Transit Reauthorization to insure DBE's have a place at the Transit Table. • Co-Authored Texas Unified Certification Program— RTA has a permanent seat on the TUCP coordinating council. • Successful in submitting and approval of two Triennial,Affirmative Action Plans, and Title VI Plans for the Regional Transportation Authority. • Extensive work in Human Resources • Extensive work in Compliance • Extensive work in Contract Compliance • TCRP Ambassador • TRB contributor • APTA Committee member Minority Affairs, (now DBE Sub committee under the Procurement) Diversity subcommittee representative,Access subcommittee, and finally Human Resources Sub committee ■ Planned Transportation Services for Elderly and Disabled Passengers ■ Developed Transition Plan for Care B services ■ Developed and trained personnel on requirements prior to and after ADA for fixed route services EMLOYMENT HISTORY— Corpus Christi Regional Transportation Authority 5 years Director/Business Development&Compliance 20 years DBE/EEO Officer 10 years Director of Elderly& Handicapped Transportation EDUCATION B.A. Business Administration and Computer Science—Huston-Tillotson College,Austin, TX (summa cum laude) M.A. Urban Studies—Trinity University, San Antonio, TX Graduate—Leadership Corpus Christi, Class XIV CTM (Competent Toastmaster) —Toastmasters International Certification MCA Certification, Master Compliance Administrator,American Contract Compliance Association. PROFESSIONAL AND COMMUNITY ASSOCIATIONS Board Member Citizens Alliance for Fairness and Progress Co Chair Corpus Christi Regional Transportation Authority 2011 to 2015 Leadership Corpus Christi Class XIV Nueces County MHMR foundation Board Member Toastmasters International— Corpus Christi Black Chamber of Commerce— Executive Board Member, Past President City of Corpus Christi Little League— Basketball Coach Hillcrest Neighborhood Association—Vice President City of Corpus Christi Planning Commission Past Chairperson Founding Member TUCP(Texas Uniformed Certification Program CITY OF CORPUS CHRISTI Submit Date: Dec 01, 2016 Application for a City Board, Commission, Committee or Corporation Profile Bill Tinney First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 12 If yes,how many years? Primary Phone Alternate Phone Work Address-Street Address and Suite Number bwtinney@tkoalarms.com Work E-mail address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Bill Tinney Page 1 of 5 Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Why are you interested in serving on a City board, commission or committee? Demographics Gender V Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Bill Tinney Page 2 of 5 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? �- Yes ( No Bill Tinney Page 3 of 5 Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? �- Yes r No Bill Tinney Page 4 of 5 Bill Tinney Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Dec 29, 2016 Application for a City Board, Commission, Committee or Corporation Profile Carlos Vargas First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- No 7 If yes,how many years? Primary Phone Alternate Phone London ISD Trans/Maint Director Employer Job Title 1306 FM 43 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Carlos Vargas Page 1 of 5 78415 Work Address-Zip Code (361) 855-0092 Work Phone cvargas@londonisd.net Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Continue to volunteer my DJ (music) services for several organization. Why are you interested in serving on a City board, commission or committee? Resume_Carlos BVar_as.s.doc _ Upload a Resume Carlos Vargas_Biography.doc Please upload any additional supporting documents. Demographics Carlos Vargas Page 2 of 5 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Carlos Vargas Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Carlos Vargas Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Carlos Vargas Page 5 of 5 Carlos B . Vargas ■ ■ ■ Objective My objective is to obtain employment in my area of expertise, transportation. For the past twenty-seven years I have worked in the professional transportation field in some capacity. From my start as a bus operator for Pharr-San Juan-Alamo I.S.D. to my time as the General Manager of MV Transportation in Corpus Christi, TX, I have had the opportunity to learn most facets of the transportation field. I have become familiar with, among other aspects, route logistics, safety protocols, and budget management. I have also continued to refine my driving skills since driving was my first passion and has since become a lasting one. Most importantly, I have experience in both managerial and non-managerial positions, which has given me unique insight into both sides of transportation. I have learned, in other words, to balance the interests of my employer with those of my employees, which leads to a fair, efficient, and productive workplace. Experience General Manager, MV Transportation 2006-2014 • Supervised dispatchers, trainers, drivers, clerks, administration personnel, maintenance and safety crews Executed payroll, local purchasing, and contract administration Managed division budget Visited centers/facilities Conducted monthly department meetings Submitted weekly/monthly operations reports to client Attended client meetings Attended and participated in board presentations Attended company training (MV University) Gained in-vehicle experience and conducted "behind the wheel" training Responsible for on-time operating performance, ridership equipment availability, and safety on all routes Recruited and developed staff to deliver reliable service Controlled the daily operation of transportation contract, in compliance with the policies of the contracting agency and in conformance with company procedures. Texas Certified Instructor, Region-One Educational Service Center 2002-2006 Attended Region-One meetings in Austin, Texas Conducted emergency school bus evacuation training in Cameron, Hidalgo, Jim Hogg, Starr, Webb, Willacy, and Zapata Counties Performed classroom instruction on school bus and transportation laws • Performed "behind the wheel" training • Performed classroom instruction on installation of child restraint devices Judged Regional and State level school bus Road-eo Director of Transportation, McAllen Independent School District 2001-2006 Supervised a 120 person employee staff • Oversaw a 1.6 million annual budget • Managed proposals for school bus purchases • Submitted Transportation Funding reports to TEA Performed evacuation training for students with special needs Attended monthly school board presentation Arranged meetings with school principals, teachers, and parents Gained in-vehicle experience and conducted "behind the wheel" training with bus drivers Managed Safe Transportation in-service meetings Collaborated with the City of McAllen during hurricane evacuation planning Transportation Supervisor/Dispatcher, Pharr-San Juan-Alamo I.S.D 1994-2000 Answered phones, greeted and assisted visitors, and handled general administrative duties, such as filing, copying and mailing field trip requests Organized regular bus routes Organized bus routes for students with special needs Supervised 98 bus routes Managed bi-weekly payroll Submitted Transportation Funding reports to TEA Performed school bus evacuation training at schools Performed "behind the wheel" training and earned in-vehicle experience Transportation Bus Operator, Pharr-San Juan-Alamo I.S.D. 1986-1994 Transported students to and from school Completed assigned school function activities • Ensured a safe driving environment Performed student school bus evacuation training Vehicle Transporter/Salesperson, Marty's Used Cars 1981-1986 Transported used cars Assisted in sales and service Corresponded with customers ® Detailed vehicles • Performed minor engine repair Education HSD, Pharr-San Juan-Alamo High School 1981 Other Certified Texas Education Agency (TEA) Instructor ® Texas Association of Pupils Transportation (TAPT) Instructor State Certified under the Texas DPS in Accident Investigation Skills I am proficient in Microsoft Word, PowerPoint, and Excel. I also have excellent interpersonal skills, as I have been in a management/supervisor position for twenty years. Over that time, I have developed the communication skills necessary to effectively resolve conflicts, deliver company initiatives, and train employees. I have also developed the skills of multitasking and prioritizing, as I have consistently managed multiple projects/departments at once. fi 0 In 2006, Carlos Vargas joined MV Transportation after nearly 19 years of experience in the field. In his second year of working with MV Transportation, he received the award of "New General Manager of the Year" for 2008. He manages the budget for the corporation, supervises a team of 80 employees, and oversees customer care. Before coming to MV, he spent thirteen years with the Pharr-San Juan-Alamo ISD; seven years as a bus operator and six years as a dispatcher/supervisor. In January 2001, he became the Director of Transportation for McAllen ISD. Carlos has received numerous certifications and training within the transportation field. A most recent certification was received at MV University General Manager training. Other certifications include Texas A&M Engineering Extension Service Instructor, Texas DPS Accident Investigator, Texas DPS Child Restraint, and Texas Association for Pupil Transportation Instructor. In addition, he is a certified instructor for wheelchair securement. While employed with McAllen ISD, he attended education logistics training for school bus routing in Las Vegas, Nevada. He also attended United States Homeland Security Weapons of Mass Destruction training in Austin, Texas. Carlos is also active within the community of Corpus Christi. He currently serves as board member with Corpus Christi Hispanic Chamber of Commerce, member of Corpus Christi Chamber of Commerce, committee member with Corpus Christ Committee For Persons With Disabilities, active volunteer with Big-Brothers Big- Sisters of South Texas, active volunteer with Flour Bluff Special Olympic and volunteers with Antonio Art Garcia Center annual Navidad Del Los Nino's Christmas event in which he provides music during the Christmas toy drive giveaway. Originally, from Pharr, Texas, Carlos now works in Corpus Christi, Texas, with his wife Graciela, a teacher with CCISD. His daughter Sara Eloisa graduated in May 2008 from TAMUK as an Electrical Engineer and currently works for Sam's Club Corporate office in Rogers, Arkansas. In May-2010, his son Carlos Emmanuel graduated from TAMUCC with a degree in Biochemistry and currently attends Pacific Northwest University of Health Science in Yakima, Washington. An important aspect of his life includes his family and friends, but of great importance, his wife. He also enjoys fishing, cooking, and his favorite barbecuing where he was awarded 1st place in the "2002-Backyard Chef" contest. CITY OF CORPUS CHRISTI Submit Date: May 11, 2018 Application for a City Board, Commission, Committee or Corporation Profile Matthew Woolbright First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 3.5 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone LotusGroup Advisors Private Client Advisor Employer Job Title 201 Milwuakee St, Suite 200 Work Address-Street Address and Suite Number Matthew Woolbright Page 1 of 5 matt@Igadvisors.com Work E-mail address Preferred Mailing Address fJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Education: B.S. of Sociology, Texas A&M University Professional: 4.5 years of journalism, including 3 at the Corpus Christi Caller-Times where I covered the Corpus Christi Regional Transportation Authority. Activity: Church involvement, and networking Why are you interested in serving on a City board, commission or committee? I believe there is tremendous potential in Corpus Christi, but I don't think a future of success is inevitable. Our city's success will depend on its leaders making wise, responsible decisions that are both visionary and cognizant of history. I am confident my analytical thinking and ability to interact with everyday people along with industry leaders are valuable assets that can be deployed to help create the city of our dreams. I want to be part of Corpus Christi's evolution, and, as a homeowner, I am committed to the region and making that a reality. Demographics Gender W Male Verification Matthew Woolbright Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Matthew Woolbright Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r-- No Does your employer or your spouse's employer have a City contract? r• Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. My wife's employer, KCS Public Relations, has a contract with the gas department doing surveys and focus groups. I have no contracts with the city, nor does my employer. Board-specific questions (if applicable) Matthew Woolbright Page 4 of 5 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes t No Matthew Woolbright Page 5 of 5 City Of Corpus Christi HUMAN RELATIONS COMMISSION BOARD DETAILS SeatsSIZE 16 The Human Relations Commission studies in 4 problems of group relationships within the City, 107 TERM LENGTH 3 Years and devises and recommends to the Mayor OVERVIEW TERM LIMIT 6 Years and City Council ways and means of discouraging and combating prejudice, AM intolerance, and bigotry in all groups in their relations with one another; to discover all practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Sixteen (16)members,fourteen (14)of whom shall be appointed by the Mayor F-�'k with approval of the Council to study problems of group relationships within the City;one(1)who shall represent the selling of dwellings,one(1)who shall represent the renting of dwellings and one(1)member of the staff of the Legal Aid Society to serve continuously,and three(3)shall not be more than 20 years of age DETAILS at time of appointment serving one-year terms. Eleven (11) members shall serve three-year terms.The chair of the commission shall be designated by the Mayor for a one-year unstaggered term. The Chairperson of the Committee for Persons with Disabilities serves as an ex-officio voting member. .............................. _ ...-.................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Section 24-2,Code of Ordinances;Ord. No.9410, 7-02-69;Ord. No.9551; 10422, 10915, 13940, 16467, 023411,8-18-98;Ord. No.024364,2-13-01;Ord. No. 025650,2-10-04. ............................................................................................................................................................................................................................................................................................................................... MEETS 1st Thursday of the month,5:00 p.m.,City Hall,Council Chambers ............................................................................................................................................................................................................................................................................................................................... TERM DETAILS Three-year staggered terms. .............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Human Relations OTHER INFORMATION HUMAN RELATIONS COMMISSION Page 1 of 1 Human Relations Commission June 19,2018 Eight(8)vacancies with terms to 6-14-19,6-14-20 and 6-14-21 representing the following categories: 4-Regular Members,1-Rental of Dwellings Representative and 3-Youth. (Appointed by the Mayor with approval of the City Council. The Mayor also designates the Chair of the Commission for a one-year term.) (staff is recommending the postponement of 1-Youth for further recruitment.) April Denine Bassett HUMAN RELATIONS COMMISSION Seeking Reappointment District 2 1 06/14/18 Member Regular Member 88%7/8(1 exc.) Nora G.Mireles HUMAN RELATIONS COMMISSION Seeking Reappointment District 3 1 06/14/18 Member Rental of Dwellings 7S%6/8(2 exc.) Melody T.Guerrero HUMAN RELATIONS COMMISSION Seeking Reappointment Districts 3 06/14/18 Member Youth 38%3/8(3 exc.) William"Mickey"KramerJr. HUMAN RELATIONS COMMISSION Met Six-Year Term Limit Districts 2 06/14/18 Chair,6/14/18 Regular Member Thomas Rosales HUMAN RELATIONS COMMISSION Resigned 1 06/14/20 Member Regular Member Rene Saenz HUMAN RELATIONS COMMISSION Resigned 1 06/14/20 Member Regular Member Zoya S.Surani HUMAN RELATIONS COMMISSION Not Seeking Reappointment District 3 2 06/14/18 Member Youth John D.Williamson HUMAN RELATIONS COMMISSION Not Seeking Reappointment District 4 1 06/14/18 Member Youth Linda A.Cantu HUMAN RELATIONS COMMISSION Active District 1 1 06/14/19 Member Regular Member Roy E.Stock HUMAN RELATIONS COMMISSION Active District S 1 06/14/19 Member Regular Member Bilaye R.Benibo HUMAN RELATIONS COMMISSION Active District 1 1 06/14/19 Member Regular Member Maria G.Rodriguez HUMAN RELATIONS COMMISSION Active District 1 1 06/14/19 Member Regular Member Jeremy L.Coleman HUMAN RELATIONS COMMISSION Active District 2 1 06/14/20 Member Regular Member Laura Commons HUMAN RELATIONS COMMISSION Active District 1 06/14/20 Member Selling of Dwellings Carlos Aguinaga HUMAN RELATIONS COMMISSION Active N/A N/A Legal Aide Society,Continuous Richard Balli HUMAN RELATIONS COMMISSION Active District 2 N/A N/A Ex-Officio.Voting CFPWD,Chair Human Relations Commission Applicants June 19,2018 :.. . ,� Work Address ®® Richard Bailey HUMAN•RELATIONS COMMISSION District 2 Retired Regular Member Rachel Benavides HUMAN RELATIONS COMMISSION District 3 Del Mar College 101 Baldwin Corpus Christi TX Regular Member Adela I.Garcia HUMAN RELATIONS COMMISSION District 4 NAS Kingsville 746 Rosendahl Kingsville TX Regular Member June E.Martinez HUMAN RELATIONS COMMISSION District 3 Retired Regular Member Robert C.Soape HUMAN RELATIONS COMMISSION District 5 Regular Member CITY OF CORPUS CHRISTI Submit Date: Aug 16, 2017 Application for a City Board, Commission, Committee or Corporation Profile Richard Bailey First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 60 years If yes,how many years? Primary Phone Alternate Phone Work Address-Street Address and Suite Number r.baileysr@hotmail.com Work E-mail address Richard Bailey Page 1 of 5 Which Boards would you like to apply for? TRANSPORTATION ADVISORY COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted AIRPORT BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Last served on a board in 2006, The Transportation Safety Advisory board. Education, Professional and/or Community Activity (Present) BBA, MBA Why are you interested in serving on a City board, commission or committee? Retired with a lot of time to serve my city. I travel a lot through airports and can probably be a positive influence to the board. Bailey Resume Active.doc Upload a Resume Demographics Gender P Male Verification Richard Bailey Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Richard Bailey Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r- No Does your employer or your spouse's employer have a City contract? rYes rNo Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r^ No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Richard Bailey Page 4 of 5 Question applies to HUMAN RELATIONS COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? fJ None of the above Question applies to TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? (-- YesrNo Richard Bailey Page 5 of 5 Richard W. Bailey EMIPE Objective Seeking a challenging position that will continue to utilize my skills, experience and education in the area of Continuous Improvement, Lean Manufacturing and Supply Chain Logistics. ( 2003 - Present) DuPont Experience Lean Six Sigma Green Belt, Lean Practitioner, Production System Black Belt- Certified Facilitator- • Successful implementation of a Lean Production System as a Production System Expert. The DuPont Production System is an integrated system designed to deploy best practices, develop people and organizational capability, and find creative new ways to utilize assets and eliminate waste. Its scope is to "make and deliver"at all DuPont owned/operated manufacturing units. The system is focused on safely serving customers, understanding and outperforming competition, and fully engaging everyone in continuous improvement. It parallels the Toyota Production system in concept and purpose. - Implementation included a diagnostics phase, which identified $14.2 million of potential improvement projects and was achieved over a 2 year period. • Successfully implemented TRACC best practices at the Corpus Christi site using lean six sigma tools. TRACC is an Enhancement Toolset for Lean Production System execution. • Personally led several Black Belt and Kaizen projects which delivered over$1.8 million in hard savings. • Facilitated (part of 3 man team) over 20,000 man hours of training. • Coached and trained site leadership New Mindsets and Behaviors concepts of a Lean Production System. ( 1997 - 2007) Supply Chain Logistics Team Lead- • Managed the Shipping and Logistics Department. • Responsible for reporting site inventory accuracy metrics to corporate Business Managers. • Site Manufacturing Lead (SME) "Subject Matter Expert'for its Enterprise System "SAP". Functional member of the SAP implementation team from design through "go live". • Corporation Fleet Manager for more than 500 units of mobile equipment. (tanker cars, trailers, ISO containers) • Responsible for Manufacturing Sarbanes Oxley Reporting. • Responsible for the Production Accounting Group. • Working knowledge of Industrial manufacturing processes, process technology and/or product development. 10 years experience as a manufacturing supervisor on shift rotation. 2 years experience as a project supervisor on$100 million project. • Certified in D.O.T regulatory compliance Education (1998—2006) Texas A& M University Corpus Christi, Texas ■ M.B.A. 2006 ■ B.B.A. Information Systems Applications 2002 ■ Studied and toured the New York Financial Markets in 2005 ■ Preformed regression analysis to support a Financial Publication (not published)concerning Mutual Fund Activity in 2006 ■ Advanced Excel,Access Database, SAP R2/R3, knowledgettraining ■ Top of my class in Strategy Analysis (Personal Analysis of The Symantec Corporation) ■ Offered opportunity to present co-authored paper at University Conference in Las Vegas Nevada. 2006 Interests Ballroom Dancing, football, baseball, fishing and golf Civic Involvement (2005-2007) Vice Chair of the Transportation Safety Advisory Committee for the City of Corpus Christi Texas. Appointed by Mayor Henry Garrett (2005 -2007) Advisor to the San Patricio Rural Rail District for San Patricio County (2005—2007) Industry representative to the Harbor Safety Committee of the City of Corpus Christi Texas References available upon request CITY OF CORPUS CHRISTI Submit Date: Jan 03, 2018 Application for a City Board, Commission, Committee or Corporation Profile Rachel Benavides First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- No 45 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Del Mar College Director Employer Job Title 101 Baldwin Work Address-Street Address and Suite Number Corpus Christi Work Address-City Rachel Benavides Page 1 of 5 Texas Work Address-State 78404 Work Address-Zip Code 3616982154 Work Phone rbenavid20@delmar.edu Work E-mail address Which Boards would you like to apply for? HUMAN RELATIONS COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not at this time. Education, Professional and/or Community Activity (Present) Master's of Arts in Administration specializing in Organizational Development with a minor in Human Resources Leadership Corpus Christi - Class 46 Why are you interested in serving on a City board, commission or committee? I have previously served on other City committees including Weed & Seed, Community Youth Development and Homeless Issues Partnerships. I have always been civic oriented and committed to serving my community. I believe that my extensive experience as the former VP of Resident Services for the Corpus Christi Housing Authority can serve me well on this board. As an advocate for lower income and underserved families of Corpus Christi, I believe I can objectively view various situations individually for equality and fairness. I have also served as a mediator via Dispute Resolutions for the CCHA in my previous role. R Benavides 2017 Resume.docx Upload a Resume Rachel Benavides Page 2 of 5 Demographics Gender 9 Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Rachel Benavides Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Rachel Benavides Page 4 of 5 Board-specific questions (if applicable) Question applies to HUMAN RELATIONS COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Rachel Benavides Page 5 of 5 Rachel Benavides, M.A.A. Corpus Christi, Texas Professional Summary Highly professional and established community leader with a strong background in administrating and managing educational and employment self sufficiency programs for at-risk communities utilizing federal, state and local funds. Core Qualifications • Superior experience in supervising, directing and evaluating personnel. • Highly knowledgeable in adult basic education programs including onsite DMC GED satellite sites. • Highly knowledgeable in Workforce Reinvestment training programs. • Exceptional knowledge of federal, state,local funding requirements and regulations • Experienced grant writer, manager and auditor. • Strongly skilled in oversight and management of multiple budgets. • Proven ability to connect and engage with diverse work and client groups. • Proficient in Microsoft Office, Powerpoint, Publisher and other systems. • Firm interpersonal and communication skills. Experience Director Adult Education & Literacy 01/2017—Present Del Mar College • Administrator for local adult education program for 11 county region. • Direct oversight of various federally funded education and literacy programs • Organize, coordinate and track multiple initiatives to increase enrollment and broaden services at on and off campus sites. • Engineer educational pathways for diverse populations of students from various socio-economic backgrounds. • Directly supervise full and part time staff including case management and instructional teams Vice President of Resident Services 2007-2016 Corpus Christi Housing Authority • Site supervisor of multiple learning centers including all GED distant learning center located within the public housing authority in partnership with Del Mar College. • Supervise all direct staff and programs including educational, employment training, elderly and youth learning services. • Compliance director and auditor for all grant and federally funded programs including HUD grants. • Public relations liaison for all agency partnerships in the Corpus Christi area. • Oversight and management of marketing, recruitment and outreach activities for 16 public housing sites. • Managed, developed and promoted various scholarship incentives for GED and non-credit course students. • Prepare, review and revise monthly statistical data reports. • Identify,pursue and prepare various federal and local grant opportunities as available. • Manage and oversight of all third-party of contracts. Family Resources Supervisor 2002-2007 Corpus Christi Housing Authority • Superintendent of all youth after-school academic learning centers. • Supervisor of Family Education Enrichment Center—adult learning center and all adult learning education programs including GED,Adult Basic Education and ESOL classes. • Administrator HUD Drug Elimination and Service Coordinator grants. Education and Employment Training Coordinator 2000-2002 Corpus Christi Housing Authority • Established first ever Adult Educational and Training Center for public housing residents. • Established first ever Community Career Expo—Job Training Fair. • Maintained close collaboration with school district to administer and conduct TABE testing and benchmarking. • Recruit and enroll residents into onsite GED Program in partnership with local school district. • Outreached and recruited residents into college credit and non-credit programs. • Extensive case management coordinator with emphasis on self-sufficiency. Certifications &Awards • National Award of Excellence—Resident&Client Services 2011 • TX-NAHRO Management Person of the Year for Texas Housing Authorities- 2010 • National Award NAHRO for Program Design and Innovation in Resident&Client Service - 2009 Education Master's Degree—Applied Arts& Sciences May 2017 Organizational Development University of Incarnate Word Bachelors Degree—Applied Arts& Science May 2015 Organizational Development with Minor in Human Resources University of Incarnate Word Associates Degree—Applied Arts& Science May 2010 Human Services with emphasis in Addiction Studies Del Mar College References Available upon request. CITY OF CORPUS CHRISTI Submit Date: Feb 07, 2018 Application for a City Board, Commission, Committee or Corporation Profile Adela I Garcia First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 26 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Sexual Assault Response NAS Kingsville Coordinator Employer 746 Rosendahl Work Address-Street Address and Suite Number Kingsville Work Address-City Adela I Garcia Page 1 of 5 TX Work Address-State 78363 Work Address-Zip Code 361-516-6333 Work Phone Adela.garcia@navy.miI Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? HUMAN RELATIONS COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not at this time. Education, Professional and/or Community Activity (Present) Professional Activity: Co-Chair the NAS Kingsville Sexual Assault Prevention Oversight Committee Member of the Coordinated Community Response Coalition - Kingsville Why are you interested in serving on a City board, commission or committee? I read in the commission description that combating prejudice and unjust discrimination is a big part of the role. That is something in which I am truly invested and believe I can help build and sustain goals toward that mission. I also believe I can learn from being in a role in the commission while being involved with the community. I want to make positive change in the community and after learning of this opportunity, I believe this is how I can best contribute to my City. Adela Garcia - Resume.doc Upload a Resume Adela I Garcia Page 2 of 5 Demographics Gender 9 Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Adela I Garcia Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Adela I Garcia Page 4 of 5 Board-specific questions (if applicable) Question applies to HUMAN RELATIONS COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Adela I Garcia Page 5 of 5 SUMMARY OF QUALIFICATIONS • Ability to create and execute initiatives to promote a culture of dignity and respect. • Talented facilitator with proven results teaching individuals and groups of students, professionals, military family, and active duty members. • Client focused and skilled advocate for providing guidance and referrals to specialized agencies and departments for further assistance. • Ability to recognize and intervene in crisis situations, using sound judgment, approved protocol, ethics, and common sense. • Ability to develop trusting, helping relationships. • Skilled at managing multiple priorities in demanding situations. • Proficient in Microsoft Word, Excel, PowerPoint, Access, Outlook; Google Docs, Sheets, and Slides; Prezi; and Internet navigation. RELEVENT EXPERIENCE PROGRAM DEVELOPMENT • Designed, presented, and evaluated classroom sessions for active duty military, support staff, and senior level leadership on topics such as, cultural diversity, stress management, discrimination, suicide prevention, child abuse awareness and prevention, intimate partner violence, and sexual assault prevention for Naval Air Station Corpus Christi and Naval Air Station Kingsville • Assisted in the long-term strategic planning and sustainability projects for Women's Shelter of South Texas as a member of the Social Change committee • Designed Advanced Sexual Assault Advocate training for Navy Sexual Assault Prevention and Response program, including "Gender and Violence" and "Critical Media Literacy" • Created a logic model for community-wide program which led to a Health and Human Services Commission Exceptional Item Funding grant award • Cooperated with Texas Association Against Sexual Assault in designing and creating violence prevention programming and piloting new programs for prevention education across Texas • Designed community programs and school-wide initiatives to increase protective factors and enact social change for healthy relationships • Managed the recreation center and programming at the Corpus Christi Housing Authority (CCHA) head property, including supervising counseling interns and volunteers, and designing and implementing character building curriculum and programming to be used at all recreation centers in the CCHA • Documented services for necessary reporting • Prepared and distributed marketing materials in support of military awareness campaigns ADVOCACY • Participated in joint collaborative victim advocacy team, Specially Trained Advocate Response Team, in Kingsville, TX • Trained sexual assault advocates, both military and civilian • Community mobilization and organizing in the South Texas area, including Kingsville, Corpus Christi, Alice, Taft, Freer, and San Diego • Successfully built working relationships with agencies, school personnel, community leaders, and coalitions in the South Texas area, including co-chairing the Coordinated Community Response Coalition - Kingsville • Founded and sponsored youth leadership initiative for at-risk youth in Taft, Texas, the Taft Youth Coalition Against Violence Adela Garcia, page 2 • Sponsored Resident Council at the flagship property for Corpus Christi Housing Authority, La Armada • Conducted home visits to students' homes and communicated with parents and families for Communities in Schools of North Texas FACILITATOR • Designed Family Advocacy Program Key Leadership training activities for Naval Air Station Corpus Christi and Naval Air Station Kingsville • Maintained communication and relationships across the community, including law enforcement, city government, legal personnel, social service providers, civic organizations, businesses, and school districts as Community Educator for Women's Shelter of South Texas • Designed and facilitated sessions at the state-wide conferences, including the Annual Texas Association • Against Sexual Assault Conference in 2010, 2012, and 2014, Texas Council on Family Violence prevention coaching group, Texas Probation Conference • Prepared and implemented one time and multi-session awareness and prevention education presentations to a wide range of groups, including parents, students, clients, and professionals as Community Educator for Women's Shelter of South Texas • Coordinated field trips and family community events, including acquiring sponsors, and recruiting volunteers and guest speakers for Communities in Schools of North Texas, Corpus Christi Housing Authority, and Women's Shelter of South Texas • Implemented research-based drug and alcohol prevention curricula to alternative education program and middle school students for Northeast Texas on Alcohol and Drug Abuse • Participated in various community fairs and assisted in youth summer camps EMPLOYMENT HISTORY Sexual Assault Response Fleet and Family Support Center, Jan 2016 - present Coordinator USN 746 Rosendahl St, Kingsville, TX 78363 Education Services Facilitator Armed Forces Services Corp Oct 2015 -Jan 2016 2800 S Shirlington Rd, Ste 350, Arlington, VA 22206 Education Services Facilitator Serco, Inc Feb 2015 - Oct 2015 1818 Library St, Ste 1000, Reston, VA 20190 Community Educator Women's Shelter of South Texas Feb 2010 - Feb 2015 813 Buford, Corpus Christi, TX 78404 Youth Coordinator Corpus Christi Housing Authority Dec 2009 -Jan 2010 1435 Sulaine PI, Corpus Christi, 78415 Temporary Development Director Sterling Personnel, Inc Nov 2009 - Dec 2009 3833 S Staples, Ste N103, Corpus Christi, TX 78411 Sales Support Reynolds & Reynolds Feb 2008 - Aug 2009 200 Quality Cir., College Station, TX 77845 Receptionist Grapevine Chrysler Jeep Dodge Nov 2007 - Feb 2008 2601 William D Tate, Grapevine, TX 76051 Case Manager Communities in Schools of North Aug 2006 - Oct Texas 2007 217 S Stemmons Fwy, Lewisville, TX 75067 Prevention/Intervention Specialist Northeast Texas Council on Sep 2005 -July Alcohol and 2006 25 1st St NW, Paris, TX 75460 Drug Abuse Adela Garcia, page 3 EDUCATION & TRAINING Bachelor of Science, Sociology Texas A&M University Sexual Assault Victim Advocate Defense - Sexual Assault Advocate 2016 Certification Program Annual Conference National Organization for Victim Assistance 2016, 2017 Ombudsman Basic Training Commander, Naval Installations Command 2015 Sexual Assault Victim Advocate Office of the Attorney General 2014 Annual Conferences, and Annual Prevention Texas Association Against Sexual Assault 2010 - 2014 Summits Bi-annual Prevention Conferences and Annual Texas Council on Family Violence 2010 - 2014 Prevention Coaching Group CITY OF CORPUS CHRISTI Submit Date: Jan 05, 2018 Application for a City Board, Commission, Committee or Corporation Profile June E Martinez First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- No Life If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone EEOC and HUD Compliance Retired Officer Employer NA Work Address-Street Address and Suite Number June E Martinez Page 1 of 5 Junem20l4jm@gmail.com Work E-mail address Which Boards would you like to apply for? HUMAN RELATIONS COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Certified HUD Investigator EEOC and HUD Compliance Officer EEOC trained Why are you interested in serving on a City board, commission or committee? Because I care about the community and I am a former city employee of the Hunan Relations Department. Demographics Gender I•J Female Verification June E Martinez Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree June E Martinez Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r-- No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. NA Board-specific questions (if applicable) June E Martinez Page 4 of 5 Question applies to HUMAN RELATIONS COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? fJ None of the above June E Martinez Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2017 Application for a City Board, Commission, Committee or Corporation Profile Robert C Soape First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 8 If yes,how many years? Primary Phone Alternate Phone n/a n/a Employer Job Title n/a Work Address-Street Address and Suite Number n/a Work Address-City n/a Work Address-State Robert C Soape Page 1 of 6 n/a Work Address-Zip Code n/a Work Phone kolt45soape@gmail.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? TREE ADVISORY COMMITTEE: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted LANDMARK COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted COMMISSION ON CHILDREN & YOUTH: Submitted CIVIL SERVICE COMMISSION: Submitted CIVIL SERVICE BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am currently applying to all boards and comittees necssary to help my community Education, Professional and/or Community Activity (Present) graduated in 2010 from ray highschool and currently reaching out to any and all those I come across who are wanting to see a change within our local community Why are you interested in serving on a City board, commission or committee? I want to be apart of the change I wish to see around me and it starts right here in the city of corpus Christi tx Demographics Robert C Soape Page 2 of 6 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Robert C Soape Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Robert C Soape Page 4 of 6 Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? (.- Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? (- Yes (-. No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? (.- YesrNo Question applies to COMMISSION ON CHILDREN &YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Question applies to HUMAN RELATIONS COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Question applies to LANDMARK COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Robert C Soape Page 5 of 6 Question applies to TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? (- YesNo Question applies to TREE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r- Yes r No Robert C Soape Page 6 of 6 SC o� Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of June 12, 2018 1852 Action Item for the City Council Meeting of June 19, 2018 DATE: May 29, 2018 TO: Keith Selman, Interim City Manager THRU: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361-826-7205 FROM: William Milan Uhlarik, Assistant Director of Public Health williamu2@cctexas.com 361-826-1348 Vital Records Agreement with DSHS that allows the Health District to access the DSHS Vital Event Electronic Registration System to issue individual birth certificates for the period 9/1/2018 through 8/31/2023. CAPTION: Motion authorizing a five-year contract with the Department of State Health Services (DSHS) to provide the Corpus Christi-Nueces County Public Health District access to the DSHS Vital Event Electronic Registration System to issue individual birth certificates for$1.83 per printed record. PURPOSE: The contract with DSHS allows the CCNCPHD to access the DSHS Vital Event Electronic Registration System for issuing individual certified, short-form birth certificates to customers requesting them from the Vital Records Office of the CCNCPHD who were born within the State of Texas. BACKGROUND AND FINDINGS: This contract with DSHS formalizes an agreement to provide the CCNCPHD access to the State database to obtain and print a copy of a short form birth certificate for a fee of$1.83 per copy for a person requesting one who was born in the State of Texas. The fee of$1.83 is deducted from the $23.00 birth certificate issuance fee, and is paid to DSHS. A fee of $1.80 is also deducted from each fee of $23.00 collected for issuing birth certificates to persons born in the State of Texas, and the $1.80 fees are also remitted to the State Comptroller to cover State administrative costs. The current Health District fee for a birth certificate is $23.00; death certificate, $21.00; duplicate death certificate, $4.00; and plastic cover, $2.00. These fees are set by the DSHS Program Vital Statistics Unit. From each death and birth certificate fee sale, DSHS requires the CCNCPHD to reserve $1.00 in order to build and maintain an electronic record retention database to archive and preserve the historical patrimony of birth and death records of those who were born and died in the City of Corpus Christi. DSHS also requires all other Vital Records Offices statewide to do the same for their own records. ALTERNATIVES: Discontinue the public service of providing certified copies of birth certificates by the Vital Statistic Office of the Corpus Christi-Nueces County Public Health District for persons requesting them who were born outside of the City of Corpus Christi OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Council action required to approve execution of agreement. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures Current Year Future Years TOTALS 2018-2019 (CIP only) (Estimated) (Estimated) (Estimated) Line Item Budget Encumbered / Expended Amount This item 34,343.46 137,373.84 1711717.30 BALANCE $34,343.46 $137,373.84 $171 ,717.30 Fund: FY2016-2017 Vitals Records Total Revenue (Fund 1020) October 1, 2016 thru September 30, 2017 Category Fee Counts Revenue Birth Certificates* $23.00 1®❑0 EE3 X0.00 Death Certificates* $21.00 1,324 27,804.00 Death Certificates Copies $4.00 215511 10,224.00 Plastic Sleeves $2.00 18,988.00 Sub-Total: 32,414 $494,936.00 Category Fee CountsRevenue Due to State Remote Per Remote Birth $1.83 2,382t EM35❑OEll Certificate) Due to State Comptroller (Per Manual & EZNET Birth Certificate) $1.80 1 EIE58 1112 HIS 11 CO❑ Sub-Total Due to State & Comptroller: 1®CO 1113 113 E3.FM Total: $460,592.54 Retention Fee * $1.00 20®m $20,364.00 *DSHS requires $1 of each fee collected to issue a birth certificate & death certificate (does not include copies or plastic sleeves) is reserved to build and maintain an electronic record retention database to archive and preserve the historical patrimony of birth and death records of those who were born and died in the City of Corpus Christi. Comments: The Vital Records Office receives revenue for issuing birth certificates to individuals requesting them who have been born outside of the City of Corpus Christi, and a fee of$1.83 is deducted from each $23.00 fee collected to pay DSHS for the DSHS Vital Event Electronic Registration System. The collected DSHS fees are deposited directly into a liability account for payment to the DSHS. RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Contract Number: HHSREV100000815 Contract Number: HHSREV100000815 DEPARTMENT OF STATE HEALTH SERVICES Contract number HHSREV 100000815 (the"Contract"), is entered into by Department of State Health Services("DSHS")Vital Statistics Section and Corpus Christi-Nueces County Public Health District(City)("Contractor"). DSHS and Contractor are collectively referred to herein as the"Parties." I. Purpose of the Contract. DSHS agrees to provide access to the DSHS Vital Event Electronic Registration System for the purpose of issuing individual birth certificates. 1:1. Term of the Contract. This Contract will begin on September 1,2018 and end on August 31,2023. III. Authority. The Parties enter into this Contract under the authority of Texas Health and Safety Code Chapter 191 and Texas Government Code Chapter 791. IV. Statement of Work. A. DSHS agrees to provide on-line computer services in support of Contractor from 7:00 a.m. to 6:00 p.m. (CST) Monday through Friday, except holidays. In the event of an emergency or computer application error, DSHS may temporarily suspend services without advance notice. B. Contractor may search DSHS databases, locate data, and issue Certifications of Birth to authorized individuals requesting such data. The certifications will be in a format formally approved by DSHS. Contractor will take reasonable efforts to ensure use of the DSHS Vital Event Electronic Registration System is not abused by its staff. Abuse of the access to confidential information in the DSHS Vital Event Electronic Registration System may be cause for termination of this Contract in accordance with Section IX.K. C. Contractor will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note"paper, as specified by DSHS. DSHS will assist in connection of the equipment, furnish software program and provide technical assistance, if necessary. D. Contractor will complete the DSHS Vital Event Electronic Registration System registration forms as specified by DSHS. Contractor will remain in compliance with any requirements specified by DSHS for accessing the DSHS Vital Event Electronic Registration System. Contractor will not be required to pay an additional fee pursuant to this Subsection. VSS Remote Birth Access Page 1 Contract Number: HHSREV100000815 E. Contractor acknowledges that records may not be located in the searching process instituted by Contractor, or records which are located may have errors due to: 1. Normal key-entry errors in spellings; 2. Accidental failure on the part of the DSHS to update a file for an amendment or paternity determination;and 3. The event year does not exist on the system. F. Contractor will notify DSHS in writing,at least monthly of errors or suspected errors that exist on the database information. G. Contractor is to maintain an inventory control and account for each document produced on"bank note"paper,including voided documents. H. Contractor will issue Certificates of Birth utilizing remote access to the DSHS system in conformance with Health and Safety Code Chapters 191, 192 and 195,as well as 25 Tex. Admin. Code Chapter 181. I. The Parties are required to comply with all applicable state and federal laws relating to the privacy and confidentiality of this data and records,which includes Texas Government Code Section 552.115. J. The Parties will use confidential records and information obtained under this Contract only for purposes as described in this Contract and as otherwise allowed by law. V. Fees. Contractor agrees to pay DSHS ONE DOLLAR AND EIGHTY--THREE CENTS($1.83) for each Certification of Vital Record printed as a result of searches of the database. Contractor agrees to charge the same base search fee for a birth certificate as DSHS. Additional fees may only be charged as authorized by Texas Health and Safety Code Chapter 191 and 25 Tex. Admin. Code Chapter 181. VI. Billina. A. DSHS will send an itemized billing to Contractor on a monthly basis for each Certification of Birth printed. This billing will be sent through the U.S. Postal Service to the Contractor at: Name: City of Corpus Christi Address: P.O. Box 9727 Corpus Christi,TX 78469 B. Contractor will direct any billing inquiries either by phone to 512-776-7206 or email to vsubusinessservicesna,dshs.texas.eov. VSS Rcmw Binh Access Page Contract Number: HHSREV100000815 VII. Payment Method. A. Contractor will remit payment to DSHS within thirty days after a billing is received by them. Payment by the Contractor will be considered made on the date postmarked. B. Contractor will send payments to DSHS at: Texas Department of State Health Services Cash Receipts Branch MC 2096 P.O.Box 149347 Austin,TX 78714-9347 C. Contractor will make payment to DSHS out of its current revenues. VIII. Representatives.The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. City of Corpus Christi DSHS City of Corpus Christi Texas Department of State Health Services Public Health Services Contract Management Section Attn: Annette Rodriguez Attn:Tina Walker Mail Code 1990 P.O.Box 9727 P.O.Box 149347 Corpus Christi,TX 78469 Austin,TX 78714-9347 Phone:(361)826-7205 Phone: (512)776-2732 Email: annetter@cctexas.com Email: tina.walker@dshs.texas.gov IX. General Terms and Conditions. A. Governing Law. Regarding all issues related to this Contract's formation,performance, interpretation,and any issues that may arise in any dispute between the parties,the Contract will be governed by and construed in accordance with the laws of the State of Texas. B. Amendment. This Contract may be modified by written amendment signed by the Parties. C. Confidentiality. The Parties are required to comply with all applicable state and federal laws relating to the privacy and confidentiality of records that contain Personal Identifying Information (PII)or Personally Sensitive Information (PSI)or other information or records made confidential by law,including Tex. Bus. &Comm. Code Section 521.002. The attached Data Use Agreement(Attachment A)applies to this Contract. VSS Remote Binh Access Page 3 Contract Number: HHSREV100000815 D. Exchange of Personal Identifying Information.This Contract concerns personal identifying information. Except as prohibited by other law,Contractor and DSHS may exchange PII without consent,in accordance with Chapter 191 of the Health and Safety Code. E. Records Retention. DSHS will retain records in accordance with DSHS State of Texas Records Retention Schedule at http: ,www.dshs.texas.gov records/schedules.shtm, Department Rules and other applicable state and federal statutes and regulations governing medical,mental health, and substance abuse information. F. Severability. If any provision of this Contract is construed to be illegal or invalid,the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated,but all other provisions will continue. G. Notice. Any notice required or permitted to be given under this Contract will be in writing and sent to the respective Party's Representative in Section VIII.Notice will be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified in writing by the Party to the other Party,or,if sent by certified mail,on the date of receipt. H. Waiver. Acceptance by either Party of partial performance or failure to complain of any action,non-action or default under this Contract will not constitute a waiver of either Party's rights under the Contract. I. Assignment. Neither DSHS nor Contractor will transfer, assign,or sell its interest,in whole or in part, in this Contract without prior written consent by both Parties. J. Suspension of Services Under This Contract. In the event of an emergency or information technology system failure,DSHS may temporarily suspend services without advance notice. Use of services for purposes inconsistent with applicable law may also result in a suspension of services. K. Termination. 1. Convenience.This Contract may be terminated by mutual agreement of the Parties. Either Party may terminate this Contract without cause by giving 30 days written notice of its intent to terminate to the non-terminating Party. 2. Cause.This Contract may be terminated for cause by either Party for breach or failure to perform an essential requirement of the Contract. Use of services for purposes inconsistent with applicable law may be cause for Contract termination. 3. Notice of Termination.Written notice may be sent by any method that provides verification of receipt,which will be calculated from the date of receipt by the non- terminating Party's Representative provided in Section VIII. VSS Rcmotc Binh Access Page 4 Contract Number: HHSREV 100000815 4. Equitable Settlement. At the end of the Term of this Contract or termination as provided for in this Section,the Parties will equitably settle their respective accrued interests or obligations incurred prior to termination. By signing below, the Parties agree that this Contract constitutes the entire legal and binding agreement between them. The Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the authority to execute this Contract on behalf of their respective Party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) 61 0 ink 4J] Man Hall, M.D. Annette Rodriguez Associate Commissioner Director of Public Health Department of State Health Services Corpus Christi-Nueces County Public Health District(City) Date Date THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT HHSREV100000815: ATTACHMENT A-DATA USE AGREEMENT Approved as to Assistant City Attorney For City Attorney VSS Remote Birth Access Page 5 ATTACHMENT A—DATA USE AGREEMENT DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE AND CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT("CONTRACTOR") This Data Use Agreement("DUA")is incorporated into System Agency Contract No. HI•ISREV 100000815(the"Base Contract")between the Texas Department of State Health Services ("System Agency")and Corpus Christi-Nueces County Public Health District("Contractor"). ARTICLE 1.PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE ATTACHMENT 1. The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with Contractor, and describe Contractor's rights and obligations with respect to the Confidential Information and the limited purposes for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. 45 CFR 164.504(e)(1)-(3). This DUA also describes System Agency's remedies in the event of Contractor's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of System Agency,its programs or clients as described in the Base Contract. As of the Effective Date of the Contract,if any provision of the Base Contract,including any General Provisions or Uniform Terms and Conditions,conflicts with this DUA,this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. §1320d, et seg.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter, The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C.§552a and regulations and guidance thereunder, Internal Revenue Code,Title 26 of the United States Code and regulations and publications adopted under that code,including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code,Ch. 552,and Texas Government Code§2054.1125. In addition, the following terms in this DUA are defined as follows: "Authorized Purpose"means the specific purpose or purposes described in the Scope of Work of the Base Contract for Contractor to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by System Agency in writing in advance. "Authorized User"means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine,interpret,or analyze Confidential Information pursuant to this DUA; (2) For whom Contractor warrants and represents has a demonstrable need to create,receive, maintain,use,disclose or have access to the Confidential Information;and System Agency Data Use Agreement V.8.3 HiPAA Omnibus Compliant April 1,2015 GOVERNMENTAL ENTITY VERSION System Agency Contract No.HHSREV 100000815 (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted,or in any other form)provided to or made available to Contractor or that Contractor may create,receive, maintain, use, disclose or have access to on behalf of System Agency that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health information; (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch.521; (4) Federal Tax Information; (5) Personally Identifiable Information, (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act,Texas Government Code,Chapter 552. "Let3ally Authorized Representative" of the Individualas defined by Texas law, including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(8)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex.H.&S.Code§166.164;Estates Code Ch.752 and Texas Prob.Code§3. ARTICLE 3.CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION Section 3.01 Obligations of Contractor Contractor agrees that: (A) Contractor will exercise reasonable care and no less than the same degree of care Contractor uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law.45 CFR 164.501(b)(1);45 CFR 164.514(d) (B) Contractor will not, without System Agency's prior written consent, disclose or allow access to any portion of the Confidential Information to any Person or other entity,other than Authorized User's Workforce or Subcontractors of Contractor who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to Contractor's management,to carry out the Authorized Purpose or as Reouired by Law. System Agency, at its election, may assist Contractor in training and education on specific or unique System Agency processes, systems or requirements. Contractor will produce evidence of completed training to System Agency upon request. 45 C.F.R. 164.308(a)(5)(i); Teras Health & Safety Code§181.101 (C) Contractor will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. Contractor will maintain evidence of sanctions and produce it to System Agency upon request.45 C.F.R. 164.308(a)(1)(ii)(C);164.530(e);164.410(b);164.530(b)(1) System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 2 of 1 I System Agency Contract No.HHSREV 100000815 (D) Contractor will not,without prior written approval of System Agency,disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying System Agency so that System Agency may have the opportunity to object to the disclosure or access and seek appropriate relief. If System Agency objects to such disclosure or access, Contractor will refrain from disclosing or providing access to the Confidential Information until System Agency has exhausted all alternatives for relief. 45 CFR 164.504(e)(2)(ii)(A) (E) Contractor will not attempt to re-identify or further identify Confidential Information or De-identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from System Agency or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (ii) Contractor will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3)and(4); Teras Healtlr&Safety Code Clr. 181.002 (F) Contractor will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information, on behalf of Contractor without requiring that Subcontractor first execute the Form Subcontractor Agreement, Attachment 1, which ensures that the Subcontractor will comply with the identical terms, conditions, safeguards and restrictions as contained in this DUA for PHI and any other relevant Confidential Information and which permits more strict limitations; and 45 CFR 164.502(e)(1)(I)(iJ); 164.504(e)(I)r) and(2) (G) Contractor is directly responsible for compliance with,and enforcement of,all conditions for creation,maintenance, use,disclosure,transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5);42 CFR 431.300,et seq. (H) if Contractor maintains PSI I_ in a Designated Record Set. Contractor will make PHI available to System Agency in a Designated Record Set or,as directed by System Agency, provide PHI to the Individual. or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. Contractor will make other Confidential Information in Contractor's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. 45 CFR 164.524and 164.504(e)(2)(U)(E) (1) Contractor will make PHI as required by HIPAA available to System Agency for amendment and incorporate any amendments to this information that System Agency directs or agrees to pursuant to the HIPAA.45 CFR 164.504(e)(2)(ii)(E)and(F) (1) Contractor will document and make available to System Agency the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations.45 CFR 164.504(e)(2)ri)(C)and 164.528 (K) If Contractor receives a request for access, amendment or accounting of PHI by any Individual subject to this DUA, it will promptly forward the request to System Agency; however, if it would violate HIPAA to forward the request, Contractor will promptly notify of the request and of Contractor's response. Unless Contractor is prohibited by law from forwarding a request, System Agency will respond to all such requests,unless System Agency has given prior written consent for Contractor to respond to and account for all such requests. 45 CFR 164.504(e)(2) (L) Contractor will provide, and will cause its Subcontractors and agents to provide, to System Agency periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 3 of 11 System Agency Contract No.HHSREV 100000815 data transfers and the handling and disposal of Confidential Information. 45 CFR 164 308,164.530(c);1 TAC 101 (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, Contractor may use or disclose PHI for the proper management and administration of Contractor or to carry out Contractor's legal responsibilities if:45 CFR 164.504(e)(ii)(1)(A) (1) Disclosure is Required by Law,provided that Contractor complies with Section 3.01(D); (2) Contractor obtains reasonable assurances from the Person to whom the information is disclosed that the Person will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as R_ eguired by Law or for the Authorized Purpose for which it was disclosed to the Person;and (c) Notify Contractor in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164.504(e)(4)ri)(B) (N) Except as otherwise limited by this DUA, Contractor will, if requested by System Agency, use PHI to provide data aggregation services to System Agency, as that term is defined in the HIPAA,45 C.F.R.§164.501 and permitted by HIPAA. 45 CFR 164.504(e)(1)(i)(B) (0) Contractor will,on the termination or expiration of this DUA or the Base Contract, at its expense, return to System Agency or Destroy,at System Agency's election, and to the extent reasonably feasible and permissible by law, all Confidential Information received from System Agency or created or maintained by Contractor or any of Contractor's agents or Subcontractors on System Agency's behalf if that data contains Confidential Information. Contractor will certify in writing to System Agency that all the Confidential Information that has been created, received, maintained, used by or disclosed to Contractor, has been Destroyed or returned to System Agency, and that Contractor and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing,Contractor acknowledges and agrees that it may not Destroy any Confidential Information if federal or state law,or System Agency record retention policy or a litigation hold notice prohibits such Destruction. If such return or Destruction is not reasonably feasible,or is impermissible by law,Contractor will immediately notify System Agency of the reasons such return or Destruction is not feasible,and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return of the Confidential Information not feasible for as long as Contractor maintains such Confidential Information.45 CFR 164.504(e)(1)(ii)(J) (P) Contractor will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses.45 CFR 164.306;164.530(c) (Q) If Contractor accesses, transmits, stores, or maintains Confidential Information, Contractor will complete and return to System Agency at infosecurity«,hhsc.state.tx.us the System Agency information security and privacy initial inquiry(SPI)at Attachment 2 . The SPI identifies basic privacy and security controls with which Contractor must comply to protect System Agency Confidential Information. Contractor will comply with periodic security controls compliance assessment and monitoring by System Agency as required by state and federal law, based on the type of Confidential Information Contractor creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. Contractor's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. Contractor will update its security controls assessment whenever there are significant changes in security controls for System Agency System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 4 of 11 System Agency Contract No.HHSREV100000815 Confidential Information and will provide the updated document to System Agency. System Agency also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306 (R) Contractor will establish, implement and maintain any and all appropriate procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, and with respect to PHI as described in the HFPAA Privacy and Security Regulations or other applicable laws or regulations relating to Confidential Information. to prevent any unauthorized use or disclosure of Confidential Information as long as Contractor has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.311 (technical safeguards); 164.530(c)(privacy safeguards) (S) Contractor will designate and identify, subject to System Agency approval, a Person or Persons, as Privacy Official 45 CFR 164.530(x)(1) and Information Security Official, each of whom is authorized to act on behalf of Contractor and is responsible for the development and implementation of the privacy and security requirements in this DUA. Contractor will provide name and current address, phone number and e-mail address for such designated officials to System Agency upon execution of this DUA and prior to any change. 45 CFR 164.308(a)(2) (T) Contractor represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502;164.514(d) (U) Contractor and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA,at all times and supply it to System Agency,as directed,upon request. (V) Contractor will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the DUA. 45 CFR 164.308; 164.316; 164.514(4);164.530x)(1) (W) Contractor will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received, used or disclosed by Contractor on behalf of System Agency for System Agency's review and approval within 30 days of execution of this DUA and upon request by System Agency the following business day or other agreed upon time frame. 45 CFR 164.308,164.514(d) (X) Contractor will make available to System Agency any information System Agency requires to fulfill System Agency's obligations to provide access to,or copies of, PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. Contractor will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary,or other federal or state law.45 CFR 164.504(e)(2)r)(I) (Y) Contractor will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form. A secure transmission of electronic Confidential Information in motion includes secure File Transfer Protocol(SFTP)or Encryption at an appropriate level or otherwise protected as required by rule, regulation or law. System Agency Confidential Information at rest requires Encrvotion unless there is adequate administrative, technical, and physical security, or as otherwise System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 5 of I 1 System Agency Contract No.HHSREV 100000815 protected as required by rule, regulation or law. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security or Encrvption must be produced to System Agency no later than 48 hours after System Agency's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De- identification of System Agency Confidential Information is a means of security. With respect to de- identification of PHI,"secure"means de-identified according to HIPAA Privacy standards and regulatory guidance.45 CFR 164.312;164.530(d) (Z) Contractor will comply with the following laws and standards if applicable to the type of Confidential Information and Contractor's Authorized Purpose: • Title 1,Part 10,Chapter 202,Subchapter B,Texas Administrative Code; • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002(FISMA); • The Health Insurance Portability and Accountability Act of 1996(HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology(NIST) Special Publication 800-66 Revision 1 An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act(HIPAA)Security Rule; • NIST Special Publications 800-53 and 800-53A Recommended Security Controls for Federal Information Systems and Organizations,as currently revised; • NIST Special Publication 800-47 Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88,Guidelines for Media Sanitization: • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI;and • Any other State or Federal law,regulation,or administrative rule relating to the specific System Agency program area that Contractor supports on behalf of System Agency. ARTICLE 4. BREACH NOTICE,REPORTING AND CORRECTION REQUIREMENTS Section 4.01. Breach or Event Notification to System Agency. 45 CFR 164.400-414 (A) Contractor will cooperate fully with System Agency in investigating, mitigating to the extent practicable and issuing notifications directed by System Agency, for any Event or Breach of Confidential Information to the extent and in the manner determined by System Agency. (B) Contractor'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to System Agency's satisfaction(the"incident response period").45 CFR 164.404 (C) Breach Notice: 1. Initial Notice. System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 6ofII System Agency Contract No.HHSREV 100000815 a.For federal information, including without limitation, Federal Tax Information,Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours atter Discovery,or in a timeframe otber►vise approved by System Agency in writing,initially report to System Agency's Privacy and Security Officers via email at: privacy@Svstem AeencvC.state.tx.us and to the System Agency division responsible for this QUA: and IRS Publication 1075; Privacy Act of 1974, as anteceded by the Computer Matching and Privacy Protection Act of 1988, S U.S.C.§ 552a; OMB Memorandum 07-16 as cited ill System AgencyC-CMS Contracts for information exchange. b. Report all information reasonably available to Contractor about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410 c. Name, and provide contact information to System Agency for, Contractor's single point of contact who will communicate with System Agency both on and off business hours during the incident response period. 2. 48-Hour Formal Notice. No later than 48 consecutive clock hours after Discovery, or a time within which Discovery reasonably should have been made by Contractor of an Event or Breach of Confidential Information, provide formal notification to the State, including all reasonably available information about the Event or Breach, and Contractor's investigation, including without limitation and to the extent available: For(a) -(tet) belo►v: 45 CFR 164.400- 414 a.The date the Event or Breach occurred; b.The date of Contractor's and,if applicable,Subcontractor's Discovery; c. A brief description of the Event or Breach: including how it occurred and who is responsible (or hypotheses,if not yet determined); d.A brief description of Contractor's investigation and the status of the investigation; e. A description of the types and amount of Confidential Information involved; f. Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the individual and if applicable the, Legally authorized representative, last known address, age, telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably detennined by Contractor at that time; g. Contractor's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for System Agency approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; h. Contractor's recommendation for System Agency's approval as to the steps Individuals or Contractor on behalf of Individuals, should take to protect the Individuals from potential harm, including without limitation Contractor's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; i.The steps Contractor has taken to mitigate the harm or potential harm caused(including without limitation the provision of sufficient resources to mitigate); j.The steps Contractor has taken,or will take,to prevent or reduce the likelihood of recurrence of a similar Event or Breach,- System reach;System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 7 of 11 System Agency Contract No.HHSREV 100000815 k.Identify,describe or estimate of the Persons•Workforce,Subcontractor.or Individuals and any law enforcement that may be involved in the Event or Breach; I. A reasonable schedule for Contractor to provide regular updates to the foregoing in the future for response to the Event or Breach,but no less than every three(3)business days or as otherwise directed by System Agency, including information about risk estimations, reporting, notification, if any, mitigation,corrective action, root cause analysis and when such activities are expected to be completed;and m. Any reasonably available, pertinent information, documents or reports related to an Event or Breach that System Agency requests following Discovery. Section 4.02 Investigation,Response and Mitigation. For A-F below: 45 CFR 164.308,310 and 312;164.530 (A) Contractor will immediately conduct a full and complete investigation, respond to the Event or Breach,commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by System Agency for incident response purposes and for purposes of System Agency's compliance with report and notification requirements, to the satisfaction of System Agency. (B) Contractor will complete or participate in a risk assessment as directed by System Agency following an Event or Breach, and provide the final assessment, corrective actions and mitigations to System Agency for review and approval. (C) Contractor will fully cooperate with System Agency to respond to inquiries and proceedings by state and federal authorities,Persons and Individuals about the Event or Breach. (D) Contractor will fully cooperate with System Agency's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach,or to recover or protect any Confidential Information,including complying with reasonable corrective action or measures,as specified by System Agency in a Corrective Action Plan if directed by System Agency under the Base Contract. Section 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex Bus & Comm. Code§521.053;45 CFR 164.404(Individuals),164.406(Media);164.408(Authorities) (A) System Agency may direct Contractor to provide Breach notification to Individuals, regulators or third-parties,as specified by System Agency following a Breach. (B) Contractor must obtain System Agency's prior written approval of the time, manner and content of any notification to Individuals, regulators or third-parties, or any notice required by other state or federal authorities. Notice letters will be in Contractor's name and on Contractor's letterhead, unless otherwise directed by System Agency, and will contain contact information, including the name and title of Contractor's representative, an email address and a toll-free telephone number,for the Individual to obtain additional information. (C) Contractor will provide System Agency with copies of distributed and approved communications. (D) Contractor will have the burden of demonstrating to the satisfaction of System Agency that any notification required by System Agency was timely made. If there are delays outside of Contractor's control,Contractor will provide written documentation of the reasons for the delay. System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 8 of 11 System Agency Contract No.HHSREV100000815 (E) If System Agency delegates notice requirements to Contractor, System Agency shall, in the time and manner reasonably requested by Contractor, cooperate and assist with Contractor's information requests in order to make such notifications and reports. ARTICLE 5. SCOPE OF WORK Scone of Work means the services and deliverables to be performed or provided by Contractor,or on behalf of Contractor by its Subcontractors or agents for System Agency that are described in detail in the Base Contract. The Scope of Work,including any future amendments thereto,is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS Section 6.01 Otvnerslup of Conftdential Information Contractor acknowledges and agrees that the Confidential Information is and will remain the property of System Agency. Contractor agrees it acquires no title or rights to the Confidential Information. Section 6.02 S}�stem Agenc},Comtnitutem and Obligations System Agency will not request that Contractor create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by System Agency. Section 6.03 Sj stent Agency Right to InspeMon At any time upon reasonable notice to Contractor, or if System Agency determines that Contractor has violated this DUA, System Agency, directly or through its agent, will have the right to inspect the facilities, systems,books and records of Contractor to monitor compliance with this DUA. For purposes of this subsection, System Agency's agent(s) include, without limitation, the System Agency Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. Section 6.04 Terni;Termination of DUA;Survival This DUA will take effect with the Base Contract, and will temtinate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA is updated automatically concurrent with such extension or amendment. (A) System Agency may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve Contractor of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by System Agency. (D) If System Agency determines that Contractor has violated a material term of this DUA; System Agency may in its sole discretion: 1. Exercise any of its rights including but not limited to reports,access and inspection under this DUA or the Base Contract;or 2. Require Contractor to submit to a corrective action plan, including a plan for monitoring and plan for reporting,as System Agency may determine necessary to maintain compliance with this DUA;or System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 9 of 11 System Agency Contract No.HHSREV 100000815 3. Provide Contractor with a reasonable period to cure the violation as determined by System Agency;or 4. Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Travis County,Texas. Before exercising any of these options, System Agency will provide written notice to Contractor describing the violation and the action it intends to take. (E) If neither termination nor cure is feasible, System Agency shall report the violation to the Secretary. (F) The duties of Contractor or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to System Agency,as required by this DUA. Section 6.05 Governing Law, Venire and Litigation (A) The validity,construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Travis County,Texas,will be the exclusive venue for any litigation,special proceeding or other proceeding as between the parties that may be brought,or arise out of,or in connection with,or by reason of this DUA. Section 6.06 L junctive Relief (A) Contractor acknowledges and agrees that System Agency may suffer irreparable injury if Contractor or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) Contractor further agrees that monetary damages may be inadequate to compensate System Agency for Contractor's or its Subcontractor's failure to comply. Accordingly,Contractor agrees that System Agency will, in addition to any other remedies available to it at law or in equity,be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. Section 6.07 Indemnification To the extent permitted by law,Contractor will indemnify,defend and hold harmless System Agency and its respective Executive Commissioner, employees, Subcontractors. agents (including other state agencies acting on behalf of System Agency) or other members of its Workforce (each of the foregoing hereinafter referred to as"Indemnified Party')against all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising from or in connection with any breach of this DUA or from any acts or omissions related to this DUA by Contractor or its employees,directors,officers,Subcontractors,or agents or other members of its Workforce. The duty to indemnify,defend and hold harmless is independent of the duty to insure and continues to apply even in the event insurance coverage required, if any, in the DUA or Base Contract is denied,or coverage rights are reserved by any insurance carrier. Upon demand, Contractor will reimburse System Agency for any and all losses, liabilities, lost profits, fines, penalties, costs or expenses (including reasonable attorneys' fees)which may for any reason be imposed upon any Indemnified Party by reason of any suit,claim,action,proceeding or demand by any third party to the extent caused by and which results from the Contractor's failure to meet any of its obligations under this DUA. To the extent permitted System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 10 of 11 System Agency Contract No.HHSREV 100000815 by law, Contractor's obligation to defend, indemnify and hold harmless any Indemnified Party will survive the expiration or termination of this DUA. Section 6.08 Insurance (A) Contractor represents and warrants that it maintains either self-insurance or commercial insuraneewith policy limits sufficient to cover any liability arising from any acts or omissions by Contractor or its employees,directors,officers, Subcontractors,or agents or other members of its Workforce under this DUA. Contractor warrants that System Agency will be a loss payee and beneficiary for any such claims.. (B) Contractor will provide System Agency with written proof that required insurance coverage is in effect,at the request of System Agency. Section 6.09 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, including but not limited to requirements to insure or indemnify System Agency,if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation,or injunctive action, in connection with any of the provisions of this DUA,each party will bear their own legal expenses and the other cost incurred in that action or proceeding. Section 6.10 Entirety of the Contract This Data Use Agreement is incorporated by reference into the Base Contract and,together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change,waiver,or discharge is sought to be enforced. Section 6.11 AutomaticAntendnient and Lrterpretation Upon the effective date of any amendment or issuance of additional regulations to HIPAA, or any other law applicable to Confidential Information, this DUA will automatically be amended so that the obligations imposed on System Agency or Contractor remain in compliance with such requirements. Any ambiguity in this DUA will be resolved in favor of a meaning that permits System Agency and Contractor to comply with HWAA or any other law applicable to Confidential Information. System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 11 of 11 System Agency Contract No.HHSREV 100000815 ATTACHMENT 1. SUBCONTRACTOR AGREEMENT FORM System Agency CONTRACT NUMBER HHSREVI00000815 The DUA between System Agency and Contractor establishes the permitted and required uses and disclosures of Confidential Information by Contractor. Contractor has subcontracted with _ (SUBContractor)for performance of duties on behalf of CONTACTOR which are subject to the DUA. SUBContractor acknowledges,understands and agrees to be bound by the identical terms and conditions applicable to Contractor under the DUA,incorporated by reference in this Agreement,with respect to System Agency Confidential Information.Contractor and SUBContractor agree that System Agency is a third-party beneficiary to applicable provisions of the subcontract. System Agency has the right but not the obligation to review or approve the terms and conditions of the subcontract by virtue of this Subcontractor Agreement Form. Contractor and SUBContractor assure System Agency that any Breach or Event as defined by the DUA that SUBContractor Discovers will be reported to System Agency by Contractor in the time,manner and content required by the DUA. If Contractor knows or should have known in the exercise of reasonable diligence of a pattern of activity or practice by SUBContractor that constitutes a material breach or violation of the DUA or the SUBContractor's obligations Contractor will: 1. Take reasonable steps to cure the violation or end the violation,as applicable; 2. if the steps are unsuccessful,terminate the contract or arrangement with SUBContractor,if feasible; 3. Notify System Agency immediately upon reasonably discovery of the pattern of activity or practice of SUBContractor that constitutes a material breach or violation of the DUA and keep System Agency reasonably and regularly informed about steps Contractor is taking to cure or end the violation or terminate SUBCONTACTOR's contract or arrangement. This Subcontractor Agreement Form is executed by the parties in their capacities indicated below. CONTRACTOR SUBCONTRACTOR BY: BY: NANI E: NAA1 E• TITLE: TITLE: DATE —.9201 DATE: System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page g Attachment ofll Approved as to form Assistant City Attorney For City Attorney se GO O Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of June 12, 2018 1852 Action Item for the City Council Meeting June 19, 2018 DATE: June 12, 2018 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief RRocha(a�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Purchase of Firefighting Clothing for Corpus Christi Fire Department for a One year Supply Agreement not to Exceed $174,679.10, with Two One year Options and a Total Potential Multi-year Amount of Up to $524,037.30 CAPTION: Resolution authorizing the purchase of firefighting clothing for a one-year supply agreement with Casco Industries, Inc., Houston, Texas for a total amount not to exceed $174,679.10, with two one year options for a total potential multi-year amount of $524,037.30. PURPOSE: The firefighting clothing is worn by City Firefighters for protection against fire and heat. BACKGROUND AND FINDINGS: The Fire Department has standardized its protective clothing utilizing Globe Firefighters products. Standardization allows the department to inventory spare suits and clothing accessories for interchangeability of torn or damaged suits. The clothing has withstood the test of time and holds up well under field conditions. The clothing is manufactured utilizing the highest quality and safety standards available on the market. Casco Industries, Inc., Houston Texas is the exclusive dealer representing Globe Firefighters suits. 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. DEPARTMENTALCLEARANCES: Fire Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $521 ,245.00 $480,367.52 $1 ,001 ,612.52 Encumbered / Expended Amount $317,336.66 .00 $317,336.66 This item $43,669.78 $480,367.52 $524,037.30 BALANCE $160,238.56 .00 $160,238.56 Fund(s): General Fund Comments: The initial contract is for an amount not to exceed $174,679.10, of which $43,669.78 is funded in FY2017-2018 budget. The total contract value will be $524,037.30 if all option years are executed. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Supply Agreement Pricing Sheet Resolution authorizing the purchase of firefighting clothing for a one-year supply agreement with Casco Industries, Inc., Houston, Texas for a total amount not to exceed $174,679.10, with two one-year options for a total potential multi-year amount of $524,037.30. WHEREAS, purchase of firefighting clothing will be purchased by the Corpus Christi Fire Department; WHEREAS, the service agreement will provide installation, removal and repair of emergency equipment for the Police vehicles. 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)(2), as this purchase is necessary to preserve and protect the public health or safety of the City's residents. WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this item is available from only one source, including items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; 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 authorizing the purchase of firefighting clothing for the Corpus Christi Fire Department and authorizing a one-year supply agreement with the option to extend for two additional 12-month periods with Casco Industries, Inc., Houston, Texas, for a total amount not to exceed $174,679.10. 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 Everett Roy Lucy Rubio Greg Smith Page 2 of 2 CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION FIREFIGHTING CLOTHING BUYER: MINERVA ALVARADO SOLE SOURCE Casco Industries, Inc. Houston, Texas ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 GI-0-1 5757G Coat per Corpus Christi Spec $ 1,104.66 90 $99,419.40 2 GI-0-1 5757G Pant per Corpus Christi Spec $ 814.33 90 $73,289.70 3 Shipping $1,970.00 TOTAL $174,679.10 mUs c.� �o w A SUPPLY AGREEMENT NO. 1696 U Firefighting Clothing yaeaoRp 1852 THIS Firefighting Clothing Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Casco Industries, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide firefighting clothing in response to Request for Bid No. 1696 ("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 firefighting clothing in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. 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 $174,679.10, 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 Adam Guerra Fire Department 361 .826.3992 AdamG@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. (A) The Supplier warrants that all products supplied under this Agreement are new. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the 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 Supply Agreement Standard Form Page 2 of 7 than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 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 IF TO CITY: City of Corpus Christi Attn: Adam Guerra Captain 1501 Holly Road, Corpus Christi, Texas 78417 361 .826.3992 Fax: 361 .826.4551 IF TO SUPPLIER: Casco Industries, Inc. Attn: Teri Rutter Secretary/Sales 705 S. 8th, La Porte, Texas 77571 281 .443.0999 281 .443.0858 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, TO THE EXTENT THAT THEY ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT BY CONTRACTOR OR RESULTS SOLELY 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 REASONABLE 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. Supply Agreement Standard Form Page 4 of 7 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and 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 Supply Agreement Standard Form Page 5 of 7 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. 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 SUPPLIE Signature.. Printed Name: Title: + k ! Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. 1696 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Attachment A: Scope of Work SCOPE This specification details design and materials criteria to afford protection to the upper and lower body, excluding head, hands, feet, against adverse environmental effects during structural firefighting. All materials and construction will meet or exceed NFPA Standard #1971 and OSHA for structural fire fighters protective clothing. 1. SIZING In order to ensure that every member of the department can safely perform to the maximum of their ability without extra bulk and without restriction, Jackets and Pants shall be available in all sizes and dimensions as follows: Pants: Gender: Gender specific Men's and Women's pattern Waist: Even sizes Body Shape: Men's: Relaxed and Regular Note: Relaxed is a fuller cut in the hips and thighs, like relaxed jeans. Women's: Relaxed Inseam: Even sizes Jackets: Gender: Gender specific Men's and Women's patterns will be available. Chest: Even sizes Back length: Men's 29", 32", 35", 40" Women's 26", 29" Body Shape: Men's: Straight and Tapered Note: The straight cut offers more fullness at the hips (i.e. jacket sweep) and is recommended when an IH Ready trouser is being specified. Women's: Straight Sleeve: 1 " increments Jackets and Pants available in only one standard shape will not be acceptable. A. OUTER SHELL MATERIAL - JACKETS AND PANTS The outer shell shall be constructed of TENCATE "AGILITYTM with ENFORCE TM technology" Kevlar®/PBO/Nomex® blend material with an approximate Page 1 of 19 weight of 6.6 oz. per square yard in a twill weave. The shell material must be treated with SSTTM (SUPER SHELLTITE) which is a durable water-repellent finish that also enhances abrasion resistance. Color of the garments shall be black gold or dark gold. B. THERMAL INSULATING LINER - JACKET AND PANTS The thermal liner shall be constructed of TENCATE "CALDURA® ELITE SL211"; with an approximate weight of 7.7 oz. per square yard. This thermal liner consists of one layer of 1 .5 oz. and one layer of 2.3 oz. per square yard Nomex® E-89 spunlaced Nomex®/Kevlar® aramid blend, quilt stitched to a Kevlar® filament and FR rayon/para-aramid/nylon inherently wicking Caldura® face cloth. The thermal line shall be attached to the moisture barrier and bound together by bias-cut neoprene coated cotton/polyester around the perimeter. This provides superior abrasion resistance to the less expensive, less durable, "stitch and turn" method. Further mention of "Thermal Line" in this specification shall refer to this section. C. MOISTURE BARRIER - JACKETS AND PANTS The moisture barrier material shall be W.L. GORE CROSSTECH® black moisture barrier-Type 2F, which is comprised of a CROSSTECH® membrane laminated to a 3.3 ounce per square yard Nomex® IIIA woven pajama check substrate. The CROSSTECH® membrane is an enhanced bicomponent membrane comprised of an expanded PTFE (polytetrafluoroethylene, for example Teflon®) matrix having a continuous hydrophilic (i.e. water-loving) and oleophobic (i.e. oil-hating) coating that is impregnated into the matrix. CROSSTECH® moisture barrier seams shall be sealed with GORE-SEAM® tape using a Series 6000 (or higher) GORE-SEA MTM sealing machine to afford comparable bacteriophage penetration resistance performance. Further mention of "Specified Moisture Barrier" in this specification shall refer to this section. D. SEALED MOISTURE BARRIER SEAMS All moisture barrier seams shall be sealed with a minimum one inch wide sealing tape. One side of the tape shall be coated with a heat activated glue adhesive. The adhesive side of the tape shall be oriented toward the moisture barrier seam. The adhesive shall be activated by heat and the sealing tape shall be applied to the moisture barrier seams by means of pressure exerted by rollers for that purpose. E. METHOD OF THERMAL LINER/MOISTURE BARRIER ATTACHMENT FOR JACKETS AND PANTS The thermal liner and moisture barrier shall be completely removable from the jacket shell. A total of six snap fasteners shall secure the thermal liner/moisture barrier to the outer shell along the length of the neck line under Page 2 of 19 the top most collar. The top most collar shall be turned under and finished such that the snaps on the collar will not be able to contact the wearers skin. Corresponding snaps shall be installed through a moisture barrier leader measuring an approximate height of 1 .75-2 inches and shall not penetrate through to the outer shell on the backside of the collar. The remainder of the thermal liner/moisture barrier shall be secured with snap fasteners appropriately spaced on each jacket facing and Ara-Shield®snap fasteners at each sleeve end. There shall be one Ara-Shield® snap tabs at the liner sleeve end which shall be colored to correspond with color coded snap tabs on the shell sleeve end for ease of matching the liner system to the outer shell after inspection or cleaning is completed. The thermal liners and moisture barrier shall be completely removable from the pant shell. Nine snap fasteners shall be spaced along the waistband to secure the thermal liner to the shell. The legs of the thermal liner/moisture barrier shall be secured to the shell by means of Ara-Shield® snap fasteners, 2 per leg. The Ara-Shield® snap tabs on the shell shall be color coded to corresponding color coded snap tabs in the liner for ease of matching the liner system to the outer shell after inspection or cleaning is completed. There shall be no hook and loop used to close the liner access opening. F. THERMAL PROTECTIVE PERFORMANCE The assembled garment, consisting of an outer shell, moisture barrier and thermal liner, shall exhibit a TPP (Thermal Protective Performance) rating of not less than 35. G. STITCHING The outer shell shall be assembled using stitch type #301, #401 , #514, and #516. The thermal liners and moisture barriers shall be assembled using stitch type #301 , #401 , #504, #514, and #516. Major A outer shell structural seams and major B structural liner seams, shall have a minimum of 8 to 10 stitches per inch. All major A seams shall be sewn with ball point needles only. All seams shall be continuously stitched only. 2. JACKET CONSTRUCTION A. BODY The body of the shell and AXTION® liner system shall be constructed of three separate panels consisting of two front panels and one back panel. The body panels shall be shaped so as to provide a tailored fit thereby enhancing body movement and shall be joined together by double stitching with Nomex® thread. One-piece outer shells shall not be acceptable. Page 3 of 19 B. AXTION® BACK The jacket outer shell shall include inverted pleats to afford enhanced mobility and freedom of movement in addition to that provided by the AXTION® sleeves. The outer shell shall have two inverted pleats (one each side) installed on either side of the back-body panel. The inverted pleats shall begin at the top of each shoulder and extend vertically down the sides of the jacket to the hem. Pleats that do not extend to the hem will not be considered, since they do not provide a true AXTION® back. The moisture barrier and thermal liner layers shall be designed with darts corresponding to the added length in the shell provided by the AXTION® back pleats. The darts are positioned at the shoulder blades, outside of the SCBA straps and work together with the corresponding outer shell pleats in the AXTION® back, providing maximum expansion. The moisture barrier darts will be seam sealed to assure liquid resistance integrity. C. LOGOS The garment brand shall be identified by means of red FR Nomex® thread embroidery on the top of the left collar denoting "GLOBE" as the manufacturer. There shall be a reflective label specific to the garment style, measuring 1 inch wide by 4 inches long, installed on the left packet flap. D. DRAG RESCUE DEVICE (DRD) A Firefighter Drag Rescue Device (DRD) shall be installed in each jacket. The ends of a 1 inch wide strap, constructed of Kevlar® shall be sewn together to form a continuous loop. The strap shall be installed in the jacket between the line system and outer shell such that when properly installed shall loop around each arm. The strap shall be accessed through a portal between the shoulders on the upper back where it is secured in place by an FR strap. The DRD shall be removable for laundering. The access port shall be covered by an outside flap of shell material, designed to fit between the shoulder straps of an SCBA. The flap shall have 3M ScotchliteTm reflective 2 inch Triple Trim sewn to the outside to clearly identify the feature as the DRD flap. The DRD shall not extend beyond the outside flap. This device provides a quickly deployed means of rescuing a downed firefighter. Flimsy, rope-style DRD straps will not be considered. E. LINER ACCESS OPENING (JACKET) The liner system of the jacket shall incorporate an opening at each of the leading edges of the left and right front panels. This opening shall run a minimum of 12 inches along the perimeters for the purpose of inspecting the integrity of the jacket liner system. When installed into the outer shell the Liner Access Opening will be covered and protected by the overlap of the outer shell facing. Page 4 of 19 F. RETROREFLECTIVE FLUORESCENT TRIM The retroreflective fluorescent trim shall be lime/yellow 3M ScotchliteTm Triple Trim (L/Y borders with silver center). Each jacket shall have an adequate amount of retroreflective fluorescent trim affixed to the outside of the outer shell to meet the requirements of NFPA 1971 and OSHA. The trim shall be in the following widths and shall be High Visibility (HV) style; 3 inch wide stripes - around the bottom of the jacket within approximately 1 inch of the hem, horizontally across the chest area approximately 3 inches below the armpit, around each sleeve below the elbow, around each sleeve above the elbow, across the shoulders on the back approximately 71 /2 inches below the neck seam, two vertical stripes on the back (one on each side) beginning at the top of the bottom band of trim and extending up to the bottom of the upper band of trim. G. REINFORCED TRIM STITCHING All reflective trim is secured to the outer shell with Nomex® thread, using a locking chainstitch protected by our exclusive TrimTrax® system. Developed exclusively by Globe Manufacturing Co., LLC. This strip of 3/32 inch strong, durable, flame resistant black Kevlar® cording provides a bed for the stitching along each edge of the retroreflective fluorescent trim surface and affords extra protection for the thread from abrasion. TrimTrax® has been proven to be 5 to 7 times more durable than single or even double rows of stitching, significantly reducing maintenance costs and providing more value and a longer service life. Two rows of stitching used to attach the trim in place of the TrimTrax® shall be considered an unacceptable alternative, since it has been proven that the two rows of stitching have insignificant impact on wear life. All trim ends shall be securely sewn into a seam for a clean finished appearance. H. SEWN ON RETROREFLECTIVE LETTERING Each jacket shall have 2" lime/yellow 3M ScotchliteTM lettering on Row reading: CCFD Each jacket shall have 2" lime/yellow 3M ScotchliteTM lettering on an HLP reading: FF LAST NAME I. HANGING LETTER PATCH (HLP) The hanging letter patch shall be constructed of a double layer of black outer shell material. The letter patch will attach to the rear inside hem of the jacket with a combination of snap fasteners and FR hook & loop fastener tape. Page 5 of 19 J. COLLAR & FREE HANGING THROAT TAB The collar shall consist of a minimum four-layer construction and be of one- piece design. There shall be two layers of specified moisture barrier material sandwiched in between two layers of outer shell fabric (see Moisture Barrier section). The forward inside ply of moisture barrier shall be sewn to the inside of the collar along the edges only. The multi-layers configuration shall provide protection from water and other hazardous elements, while maintaining thermal protection. The collar shall be a minimum of 3 inches high and graded to chest size. The leading edges of the collar shall extend up evenly from the leading edges of the jacket front body panels so that no gap occurs at the throat area. The collar back layers of outer shell and moisture barrier shall be joined to the body panels with a minimum of two rows of stitching. The collar front layers of outer shell and moisture barrier fabric shall have a series of 6 snap fasteners spaced equidistant to minimize gaps on lower edge of the collar. The top most collar shall be turned under and finished such that the snaps on the collar will not be able to contact the wearer's skin. There shall be 6 corresponding snap fasteners on a moisture barrier leader, which is sewn to the thermal liner system to engage the snaps on the collar. The snaps on the thermal liner system leader will be installed such that they do not penetrate from the outer shell through to the inner layers. This moisture barrier leader on the thermal line system shall be sandwiched between the underside of the top collar shell fabric and moisture barrier material and the bottom collar shell fabric and moisture barrier material so as to reduce the possibility of liner detachment while donning and doffing. The throat tab shall be a scoop type design and constructed of two plies of outer shell material with two center plies of moisture barrier material. The throat tab shall measure not less than 3 inches wide at the center tapering to 2 inches at each end with a total length of approximately 9 inches. The throat tab will be attached to the right side of the collar by a 1 inch wide by 1 inch long piece of Nomex® twill webbing. The throat tab shall be secured in the closed and stowed position with FR hook and loop fastener tape. The FR hook and loop fastener tape shall be oriented to prevent exposure to the environment when the throat tab is in the closed position. Two 1 '/2 inch by 3 inch pieces of FR loop fastener tape shall be sewn vertically to the inside of each of the throat tab. Corresponding pieces of FR hook fastener tape measuring 1 inch by 3 inches shall be sewn horizontally to the leading outside edge of the collar on each side, for attachment and adjustment when in the closed position and wearing a breathing apparatus mask. In order to provide a means of storage for the throat tab when not in use, a 1 inch by 3 inch piece of FR hook fastener tape shall be sewn horizontally to the inside of the throat tab immediately under the 1 '/2 inch by 3 inch pieces of FR loop fastener tape. The collar closure strap shall fold in half for storage with the FR Page 6 of 19 loop fastener tape engaging the FR hook fastener tape. A hanger loop constructed of a double layer of outer shell material shall be sewn to the top of the collar at the center. K. JACKET FRONT The jacket shall incorporate separate facings to ensure there is no interruption in thermal or moisture protection in the front closure area. The facings shall measure approximately 2 '/2 inches wide, extend from collar to hem, and be double stitched to the underside of the outer shell at the leading edges of the front body panels. A breathable moisture barrier material shall be sewn to the jacket facings and configured such that it is sandwiched between the jacket facing and the inside of the respective body panel. The breathable film side shall face inward to protect it. There shall be wicking barrier constructed of Crosstech® 2F moisture barrier material installed on the front closure system on the left and right side directly below the front facings to ensure continuous protection and overlap. The wicking barrier shall extend no more than a maximum of 3/4" beyond the inner facing and false facing shall be unacceptable. The thermal liner and moisture barrier assembly shall be attached to the jacket facings by means of snap fasteners. L. STORM FLAP A rectangular storm flap measuring approximately 3 inches wide and a minimum of 23 inches long (based on a 32" jacket) shall be centered over the left and right body panels to ensure there is no interruption in thermal or moisture protection in the front of the jacket. The outside storm flap shall be constructed of two plies of outer shell material with a center ply of breathable moisture barrier material. The outside storm flap shall be double stitched to the right side body panel and shall be reinforced at the top and bottom with bar tacks. M. STORM FLAP AND JACKET FRONT CLOSURE SYSTEM The jacket shall be closed by means of a 22 inch size #10 heavy duty high- temp smooth-gliding YKK Vision®zipper on the jacket fronts and FR hook and loop fastener tape on the storm flap. The teeth of the zipper shall be mounted on black Nomex® tape and shall be sewn into the respective jacket fronts. The storm flap shall close over the left and right jacket body panels and shall be secured with FR hook and loop fastener tape. A 1 '/2 inch piece of FR loop fastener tape shall be installed along the leading edge of the storm flap on the underside with four rows of stitching. A corresponding 1 '/2 inch piece of FR hook fastener tape shall be sewn with four rows of stitching to the front body panel and positioned to engage the loop fastener tape when the storm flap is closed over the front of the jacket. Page 7 of 19 N. CARGO/HANDWARMER EXPANSION (BELLOWS) POCKETS Each jacket front body panel shall have a 2 inch deep by 8 inch wide by 8 inch high expansion pocket, double stitched to it and shall be located such that the bottom of the pockets is at the bottom of the jacket for full functionality when used with an SCBA. Retroreflective trim shall run over the bottom of the pockets so as not to interrupt the trim stripe. Two rust resistant metal drain eyelets shall be installed in the bottom of each expansion pocket to facilitate drainage of water. The expansion pocket shall be reinforced with a layer of Kevlar® approximately 5 inches up on the inside pocket. The pocket flaps shall be rectangular in shape, constructed of two layers of outer shell material and shall measure 3 inches deeper than the pocket expansion and '/2 inch wider than the pocket. The upper pocket corners shall be reinforced with proven bar tacks and pocket flaps shall be reinforced with bar tacks. The pocket flaps shall be closed by means of FR hook and loop fastener tape. Two pieces of 1 '/2 inch by 3 inch FR loop fastener tape shall be installed horizontally on the outside of each pocket near the top (one piece on each end) and positioned to engage the hook fastener tape. Additionally, a separate hand warmer pocket compartment will be provided under the expandable cargo pocket. This compartment will be accessed from the rear of the pocket and shall be lined with Nomex® Fleece for warmth and comfort. Shell material linings shall not be considered acceptable. (32" or shorter length) Retroreflective trim shall run over the bottom of the pockets so as not to interrupt the trim stripe. 26" length jacket - standard size pockets are not available, expansion pockets are available in either 2 inch deep by 10 inch wide by 6 inch high or 2 inch deep by 8 inch wide by 6 inches high. O. AXTION® SLEEVES The sleeves shall be of two piece construction and contoured, having an upper and a lower sleeve. Both the under and upper sleeve shall be graded in proportion to the chest size. For unrestricted movement, on the underside of each sleeve there shall be two outward facing pleats located on the front and back portion of the sleeve on the shell and thermal liner. On the moisture barrier, the system will consist of two darts, rather than pleats, to allow added length in the under sleeve. The moisture barrier darts will be seam sealed to assure liquid resistance integrity. The pleats shall expand in response to upper arm movement and shall fold in on themselves when the arms are at rest. This expansion shall allow for greater multi-directional mobility and flexibility in the shoulder and arm areas, Page 8 of 19 with little restriction or jacket rise. Neither stove-pipe nor raglan-style sleeve designs will be considered acceptable. P. SLEEVE CUFF REINFORCEMENTS The sleeve cuffs shall be reinforced with a layer of black Dragonhide® material. The cuff reinforcements shall not be less than 2 inches in width and folded in half, approximately one half inside and one half outside the sleeve end for greater strength and abrasion resistance. The cuff reinforcement shall be double stitched to the sleeve end; a single row of stitching shall be considered unacceptable. This independent cuff provides an additional layer of protection as compared to a turned and stitched cuff. Jackets finished with a turned and stitched cuff do not provide the same level of abrasion resistance and will be considered unacceptable. Q. WRISTLETS/ELASTICIZED ADJUSTABLE SLEEVE WELLS Each jacket shall be equipped with Nomex® hand and wrist guards not less than 7 inches in length and of double thickness. A separate thumbhole with an approximate diameter of 2 inches shall be recessed approximately 1 inch from the leading edge. Nomex® knit is constructed of 96% Nomex® and 4% spandex for shape retention. The color of the wristlets shall be grey. The wristlets shall be sewn to the end of the liner sleeves. Flame resistant neoprene coated cotton/polyester material shall be sewn to the inside of the sleeve shell approximately 5 inches from the sleeve end and extending toward the cuff forming the sleeve well. The neoprene sleeve well shall form an elasticized cuff end with an FR hook and loop fastener tape tab providing a snug fit at the wrist and covering the knit wristlet. This sleeve well configuration serves to prevent water and other hazardous elements from entering the sleeves when the arms are raised. The neoprene material shall also line the inside of the sleeve shell from the cuff to a point approximately 5 inches back, where it joins the sleeve well and is double stitched to the shell. Four Ara-Shield® snap tabs will be sewn into the juncture of the sleeve well and wristlet. The tabs will be spaced equidistant from each other and shall be fitted with female snap fasteners to accommodate corresponding male snaps in the liner sleeves. One of the Ara-Shield® snap tabs shall be a different color in the liner to correspond with color coded snap tabs for ease of matching the liner system to the outer shell after inspection or cleaning is completed. This configuration will ensure there is no interruption in protection between the sleeve liner and wristlet. R. LINER ELBOW THERMAL ENHANCEMENT An additional layer of thermal liner material shall be sewn to the elbow area of the liner system for added protection at contact points and increased thermal insulation in this high compression area. The elbow thermal Page 9 of 19 enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. Finished dimension shall be approximately 5 inches by 8 inches. All edges shall be finished by means of overedging. Raw or unfinished edges shall be considered unacceptable. Thermal scraps shall not be substituted for full-cut fabric padding. S. LINER SHOULDER AND UPPER BACK THERMAL ENHANCEMENT A minimum of one additional layer of thermal liner material shall be used to increase thermal insulation in the upper back, front and shoulder area of the liner system. This full-cut thermal enhancement layer shall drape over the top of each shoulder extending from the collar to the sleeve/shoulder seam, down the front approximately 5 inches from the juncture of the collar down the back to a depth of approximately 5 3/4 inches to provide greater CCHR protection in this high compression area. The upper back, front and shoulder thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. The thermal enhancement layer shall have finished edges by means of overedging. Raw or unfinished edges, shall be considered unacceptable. Thermal scraps shall not be substituted for full- cut fabric padding. Smaller CCHR reinforcement shall not be considered acceptable since they provide far less area of coverage. T. RADIO POCKET Each jacket shall have a pocket designed for the storage of a portable radio. This pocket shall be of box type construction, double stitched to the jacket and shall have one drainage eyelet in the bottom of the pocket. The pocket flap shall be constructed of two layers of outer shell material measuring approximately 3 inches longer than the depth of the pocket and '/4 inch wider than the pocket. The pocket flap shall be closed by means of FR hook and loop fastener tape. A 1 '/2 inch by 3 inch piece of FR hook fastener tape shall be installed on the inside of the pocket flap beginning at the center of the bottom of the flap. A 1 '/2 inch by 3 inch piece of FR loop fastener tape shall be installed horizontally on the outside of the pocket near the top center and positioned to engage the hook fastener tape. In addition, the entire inside of the pocket shall be lined with neoprene coated cotton/polyester material to ensure that the radio is protected from the elements. The impermeable barrier material shall also be sandwiched between the two layers of outer shell material in the pocket flap for added protection. The radio pocket shall measure approximately 3 inches deep by 3.5 inches wide by 9 inches high and shall be installed on the left chest. U. MICROPHONE STRAPS Straps shall be constructed to hold a microphone for a portable radio. They Page 10 of 19 shall be sewn to the jacket at the ends only and shall be constructed of double layer outer shell material. The size of the microphone strap shall be 1 inch x 3 inches. The microphone straps shall be mounted in the following locations: • 1-Horizontally above the radio pocket • 1-Horizontally three inches from the top of the storm flap 3. PANT CONSTRUCTION A. BODY The body of the shell shall be constructed of four separate body panels consisting of two front panels. The body panels shall be shaped so as to provide a tailored fit, thereby enhancing body movement and shall be joined together by double stitching with Nomex® thread. The body panels and seam lengths shall be graded to size to assure accurate fit in a broad range of sizes. The front body panels will be wider than the rear panels will be wider than the rear body panels to provide more fullness over the knee area. This is accomplished by rolling the side leg seams (inside and outside) to the rear of the pant leg beginning at the knee. The slight taper will prevent premature wear of the side seams by pushing them back and away from the primary high abrasion areas encountered on the sides of the lower legs. B. AXTION® SEAT The rise of the rear pant center back seam, including gusset if any, from the top back of the waistband to where it intersects the inside leg seams at the crotch shall exceed the rise at the front of the pant by 8 inches. The longer rear center back seam provides added length in the seat for mobility without restriction when stepping up, kneeling, or crawling and maintains proper alignment of the knee, without twisting, directly over the knee pads when kneeling and crawling. C. LINER ACCESS OPENING (PANT) The thermal liner and moisture barrier layers of the pant liner system shall be constructed in such a way as to allow an access opening for interior inspection, service and replacement. The thermal liner and moisture barrier layers shall be stitched together for security and prevention of inadvertent use of one layer without the other. The liner system shall have a reinforcement of black Nomex® twill material sewn to the bottom of the fly opening. This reinforcement will serve to prevent the liner from tearing in that area from the constant donning and doffing of the pants. The liner system of the pant shall incorporate an opening along the back of the waistline for ease in inspecting the inner layers and to facilitate performing the complete Page 11 of 19 Liner Inspection. The thermal liner and moisture barrier shall be individually bound with a neoprene coated bias cut tape and joined together on each of the front panels, along the waistband from the front fly opening to side seam. The back of the liner system will be allowed to remain open with two snaps on either side of the back seam to attach the moisture barrier layer to the thermal liner layer. As described previously, the pant thermal layer system snaps directly to the independent waistband by means of nine snap fasteners. There shall be no hook and loop used to close the liner access opening. D. RETROREFLECTIVE FLUORESCENT TRIM The pants shall have a stripe of retroreflective fluorescent trim encircling each leg below the knee to comply with the requirements of NFPA #1971 in 3 inch lime/yellow 3M ScotchliteTm Triple Trim (L/Y borders with silver center). The bottom of the trim band shall be located approximately 3" above cuff. E. REINFORCED TRIM STITCHING All reflective trim is secured to the outer shell with Nomex® thread, using a locking chainstitch protected by our exclusive TrimTrax® system. Developed exclusively by Globe Manufacturing Co., LLC. This strip of 3/32-inch strong, durable, flame resistant black Kevlar® cording provides a bed for the stitching along each edge of the retroreflective fluorescent trim surface and affords extra protection for the thread from abrasion. TrimTrax® has been proven to be 5 to 7 times more durable than single or even double rows of stitching, significantly reducing maintenance costs and providing more value and a longer service life. Two rows of stitching used to attach the trim in place of the TrimTrax® shall be considered an unacceptable alternative, since it has been proven that the two rows of stitching has insignificant impact on wear life. All trim ends shall be securely sewn into a seam for a clean finished appearance. F. ELASTICIZED WAISTBAND The pant design facilitates the transfer of the weight of the pant to the hips instead of shoulders and suspenders. The two rear outer-shell body panels, beginning at the pant side seams, shall incorporate an elasticized waist insert, running from the side seam towards the back of the trouser for an approximate distance of 4 inches. The rear elasticized waist inserts shall be integral to the shell of the pant and the elasticized portions shall be covered by the outer shell fabric of the pant. The waist area of the pants shall be reinforced on the inside with a separate piece of black aramid outer shell material, cut on the bias (diagonally). The reinforcement shall be folded in half, for a finished bottom edge and shall have a finished width of not less than approximately 1 '/2 inches. The top Page 12 of 19 edge of the waistband reinforcement shall be double stitched to the outer shell at the top of the pants. The lower edge of the waistband shall be unattached to the shell to accept the thermal liner and moisture barrier. The top of the thermal liner and moisture barrier shall be secured to the underside of the waistband reinforcement by means of nine snaps, spaced equidistant along the length of the waistband reinforcement. Inserting the liner system between the waistband reinforcement and outer shell serves to reduce the possibility of liner detachment while donning and doffing. The independent waistband construction affords greater comfort and fit than a turned and stitched method. Pants that do not include an independent waistband or are not cut on the bias will not provide the same amount of stretch to the garment and shall be considered unacceptable. G. EXTERNAL/INTERNAL FLY FLAP The pants will have a vertical outside fly flap constructed of two layers of outer shell material, with a layer of moisture barrier material sandwiched between. The fly flap shall be double stitched to the left front body panel and shall measure approximately 2 3/4 inches wide, with a length graded to size based on waist measurement and reinforced with back tacks at the base. An internal fly flap constructed of one layer of outer shell material, thermal liner and specified moisture barrier, measuring approximately 2 inches wide, with a length graded to size based on waist, shall be sewn to the leading edge of the right front body panel. The underside of the outside fly flap shall have a 1 '/2 inch wide piece of FR loop fastener tape quadruple stitched full length along the shell material only; stitching shall not penetrate the moisture barrier insert between the two shell fabric layers to insure greater thermal protection and reduced water penetration. A corresponding strip of 1 '/2 inch wide piece of FR hook fastener tape shall be quadruple stitched to the outside right front body panel securing the fly in a closed position. H. BELT Each pant shall include an approximate 2 inch wide black aramid belt with a self-locking hi-temp thermoplastic buckle serving as the exterior primary positive locking closure. Sizing adjustment shall be provided by means of the black belting which can be threaded through the male portion of the 2 inch thermoplastic buckle; this buckle shall also provide a quick-release mechanism for donning and doffing. The belt shall be attached to the two front body panels of the pant at the side seams and shall run through tunnels constructed of black 7 '/2 osy aramid outer shell material, protecting the belt from damage. The tunnels will begin at the side seams and run to the front of the pant, terminating at the buckle closure system. A single belt loop constructed of a double layer of black 7 '/2 osy aramid measuring Page 13 of 19 approximately '/2 inch by 3 inches shall be attached to the topside of the right side tunnel. The belt loop will be located approximately 2 inches from the tunnel opening for storage of the belt tab. I. MICROPHONE STRAP A strap shall be constructed to hold a microphone for a portable radio. It shall be sewn to the pant at the ends only and shall be constructed of double layer outer shell material. The size of the microphone strap shall be 1 inch x 3 inches. The microphone strap shall be mounted vertically at the top center rear of the pant. J. AXTION® KNEE The outer shell of the pant legs shall be constructed with horizontal expansion pleats in the knee area with corresponding darts in the liner to provide added fullness for increased freedom of movement and maximum flexibility. The pleats shall be folded to open outwardly towards the side seams to insure no restriction of movement. The AXTION® knee will be installed proportionate to the pant inseam, in such a manner that it falls in an anatomically correct knee location. The thermal liner shall be constructed with four darts per leg in the front of the knee. Two will be located above the knee (one on each side) and two will be located below the knee (one on each side). On the moisture barrier, the system will consist of two darts, rather than pleats, to allow added length in the under knee. The darts in the liner provide a natural bend at the knee. The darts in the liner work in conjunction with the expansion panels in the outer shell to increase freedom of movement when kneeling, crawling, climbing stairs or ladders, etc. K. LINER KNEE THERMAL ENHANCEMENT A minimum of one additional layer of specified thermal liner and one additional layer of moisture barrier material, measuring a minimum of 9 inches by 11 inches, will be sewn to the knee area of the line, system for added CCHR protection and increased thermal insulation in this high compression area. The knee thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. The thermal enhancement layer shall have finished edges by means of overedging. Raw or unfinished edges shall be considered unacceptable. Thermal scraps shall not be substituted for full-cut fabric padding. Smaller CCHR reinforcement shall not be considered acceptable since they provide far less area of coverage. Page 14 of 19 L. KNEE REINFORCEMENTS The knee area shall be reinforced with a layer of black Dragonhide® material. The knee reinforcement shall be centered on the leg to insure proper coverage when bending, kneeling and crawling. The knee reinforcements shall measure 9 inches wide by 12 inches high and shall be double stitched to the outside of the outer shell in the knee area for greater strength and abrasion resistance. The knee reinforcement specified shall be removable without opening up any seams of the outer shell of the pant. The knee reinforcement specified shall be removable for replacement without opening Major A seams of the outer shell of the pant. M. PADDING UNDER KNEE REINFORCEMENTS Padding for the knees shall be accomplished with one layer of Silizone® foam, sandwiched between the thermal liner and moisture barrier. N. EXPANSION (BELLOWS) POCKETS An expansion pocket, measuring approximately 2 inches deep by 10 inches wide by 10 inches high shall be double stitched to the side of each leg straddling the out seam above the knee and positioned to provide accessibility. The lower half of each expansion pocket shall be reinforced with an additional layer of Kevlar® twill material on the inside. Two rust resistant metal drain eyelets shall be installed on the underside of each expansion pocket to facilitate drainage of water. The pocket flaps shall be rectangular in shape, constructed of two layers of outer shell material and shall measure 3 inches deeper than the pocket expansion and 1/2 inch wider than the pocket. The upper pocket corners shall be reinforced with proven bar tacks and pocket flaps shall be reinforced with bar tacks. The pocket flaps shall be closed by means of FR hook and loop fastener tape. Two pieces of 1 '/2 inch by 3 inch FR hook fastener tape shall be installed vertically on the inside of each pocket flap (one piece on each end). Two corresponding pieces of 1 '/2 inch by 3 inch FR loop fastener tape shall be installed horizontally on the outside of each pocket near the top (one piece on each end) and positioned to engage the hook fastener tape. O. PANT CUFF REINFORCEMENTS The cuff area of the pants shall be reinforced with a layer of black Dragonhide® material. The cuff reinforcement shall not be less than 2 inch in width and folded in half, approximately one half inside and one half outside the end of the legs for greater strength and abrasion resistance. The cuff reinforcement shall be double stitched to the outer shell for a minimum of two rows of stitching. This independent cuff provides an additional layer of protection over a hemmed cuff. Pants that are turned and stitched at the cuff, as opposed to an independent cuff reinforcement, do not provide the same level of abrasion resistance and shall be considered unacceptable. Page 15 of 19 P. PADDED RIP-CORD SUSPENDERS & ATTACHMENT On the inside waistband shall be attachments for the standard "H" style "Padded Rip-Cord" suspenders. There will be four attachments total -2 front, 2 back. The suspender attachments shall be constructed of a double layer of black aramid measuring approximately '/2 inch wide by 3 inches long. They shall be sewn in a horizontal position on the ends only to form a loop. The appearance will be much like a horizontal belt loop to capture the suspender ends. A pair of "H" style "Padded Rip-Cord" suspenders shall be specially configured for use with the pants. The main body of the suspenders shall be constructed of 2 inch wide black webbing straps. The suspenders shall run over each shoulder to a point approximately shoulder blade high on the back, where they shall be joined by a 2 inch wide horizontal piece of webbing measuring approximately 8 inches long, forming the "H". This shall prevent the suspenders from slipping off the shoulders. The shoulder area of the suspenders will be padded for comfort by fully encasing the webbing with aramid batting and wrap-around black aramid. The rear ends of the suspenders will be sewn to 2-inch wide elasticized webbing extensions measuring approximately 8 inches in length and terminating with thermoplastic loops. The forward ends of the suspender straps shall be equipped with specially configured black powder coat non- slip metal slides with teeth. Through the metal slides will be the 9 inch lengths of strap webbing "Rip-Cords" terminating with thermoplastic loops on each end. Pulling on the "Rip-Cords" shall allow for quick adjustment of the suspenders. Threaded through and attached to the thermoplastic loops on the forward and rear ends of the suspenders will be black aramid suspender attachments incorporating two snap fasteners. The aramid suspender attachments are to be threaded through the suspender attachment loops on the inside waistband of the pants. The aramid suspend attachments will then fold over and attach to themselves securing the suspender to the pants. Q. REVERSE BOOT CUT The outer shell pant leg cuffs will be constructed such that the back of the leg is approximately 1 inch shorter than the front. The liner will also have a reverse boot cut at the rear of the cuff and a concave cut at the front to keep the liner from hanging below the shell. This construction feature will minimize the chance of premature wear of the cuffs and injuries due to falls as a result of "walking" on the pant cuffs. Pants that have "cut-outs" in the back panel rather than a contoured boot cut shall be considered Page 16 of 19 unacceptable. 4. THIRD PARTY TESTING AND LISTING PROGRAM All components used in the construction of these garments shall be tested for compliance to NFPA Standard #1971 by Underwriters Laboratories (UL). Underwriters Laboratories shall certify and list compliance to that standard. Such certification shall be denoted by the Underwriters Laboratories certification mark. 5. LABELS Appropriate warning label(s) shall be permanently affixed to each garment. Additionally, the NFPA certification label shall include the following information: Compliance to NFPA Standard #1971 Underwriters Laboratories classified mark Manufacturer's name Manufacturer's address Manufacturer's garment identification number Date of manufacture Size 6. ISO CERTIFICATION/REGISTRATION The protective clothing manufacturer shall be certified and registered to ISO Standard 9001 to assure a satisfactory level of quality. 7. WARRANTY The manufacturer shall warrant these jackets and pants to be free from defects in materials and workmanship for their serviceable life when properly used and cared for. 8. HOOK AND LOOP SUPPORT PROGRAM Support program shall cover hook or loop tape that has begun to fray or otherwise degrade from normal wear. This program shall remain in effect for a period of five years from the original date of manufacture of the garment. This support program shall cover the repair or replacement, without charge, of any hook and/or loop on the garments produced by the manufacturer providing the garments are otherwise serviceable. This support program does NOT cover damage from fire, heat, chemicals, Page 17 of 19 misuse, accident or negligence. Failure to properly care for garments will serve to void this support program. 9. SIZING BY VENDOR Both male and female sizing samples shall be available. Measuring with a tape measure is not acceptable. 10. GARMENT TRAINING AND SUPPORT OSHA requires employees be trained on the capabilities and limitations of their Personal Protective Equipment. The selected vendor shall provide the following: On-site care and maintenance training shall be provided by the manufacturer. Training shall be in compliance with NFPA 1851 , current edition, at the conclusion of which each participant shall receive a certificate of completion. An on-site OSHA mandated training class on the Knowing the Limits of Your PPE shall be provided at no charge. The training shall include structural firefighting coat, pants and boots. 11. BAR-CODE/RECORD KEEPING INTERFACE A 1 dimensional barcode, in the interleaved 2 of 5 format shall be printed on the label of each separable layer of the garment. This barcode shall represent the serial number of the garment. The manufacturer shall be able to provide a detailed list of each asset of a drop-shipped order, and shall include the following: • Brand • Order Number • Serial Number • Style Number • Color • Description • Chest/Waist Size • Jacket/pant length • Sleeve Length • Date of Manufacture • Mark-For Data Page 18 of 19 This information shall be able to be imported into the manufacturers web-based system designed to facilitate the organization and tracking of assets in accordance with the cleaning and inspection requirements of OSHA and NFPA 1851 . 12. PPE RECORD KEEPING The manufacturer shall make available and no-charge, a password protected data based backed website that does not care whose brand of PPE assets are being recorded. The website shall have the functionality to allow the manufacturer to import all of the pertinent data into the department's account so that the initial data entry by fire department personnel is eliminated. The website shall allow for the department to use a barcode scanner, if desired, to scan the interleaved 2 of 5 barcode found in the gear b going to the Search the Serial Number page in PPE record keeping program, and scanning the asset's barcoded serial number. 13. EXCEPTIONS TO SPECIFICATIONS Any and all exceptions to the above specifications must be clearly stated for each heading. Use additional pages for exceptions, if necessary. 14. COUNTRY OF ORIGIN Jackets and pants shall be manufactured in the United States. Page 19 of 19 mm9rov I&~ IN0USTF?IES, INC. Fire Equipment Sales & Service Providing Protection for those Who Protect Us since 1950 1920 Rankin Road Suite 155 Houston,Texas 77073 281-443-0999 Office 281-443-0858 Fax QUOTATION To: CORPUS CHRISTI FD Ship to: Same Attn: ADAM GUERRA Fax: NEW PRICING 2018 E-Mail: adamg@cctexas.com STARTING JULY 1, 2018 VALID FOR 90 DAYS Date Quoted By Date Expected Ship Via F.O.B. Terms 4/24/18 TERI RUTTER Best Way Shipping Point NET 30 Qty Description Unit Price Total 90 GLO-15757G 1,104.66 99,419.40 COAT GX3J/AGILITY PER CORPUS CHRISTI SPEC 90 GLO-25757G 814.33 73,289.70 PANT GX3P/AGILITY PER CORPUS CHRISTI SPEC PRICES GOOD UNTIL 7/01/19 PER RAYMOND NO FREIGHT CHARGE IF INVOICE IS PAID WITHIN 30 DAYS OF RECIEPT Sub Total $172,709.10 Shipping $1,970.00 TOTAL $174,679.10 TERI RUTTER/SECRETARY-SALES teri@cascoindustries.com Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Fire Chief 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 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. Page 1 of 3 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements CCFD Order and Delivery of Firefighting Clothing 05/02/2018 sw Risk Management Valid Through 12/31 /2018 Page 3 of 3 Attachment D: Warranty Requirements The manufacturer shall warrant these jackets and pants to be free from defects in materials and workmanship for their serviceable life when properly used and cared for. Page 1 of 1 se o� � v AGENDA MEMORANDUM N0ORPOR IEO Future Item for the City Council Meeting of June 12, 2018 1852 Action Item for the City Council Meeting June 19, 2018 DATE: June 12, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(a�cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 132(acctexas.com (361) 826-3169 Three-Year Service Agreements for Mowing and Grounds Maintenance Services CAPTION: Motion authorizing two, three-year service agreements with CML Services, LLC of Corpus Christi, Texas, for mowing and grounds maintenance services for street right-of-ways for Flour Bluff groups FB1 and FB3 for a total amount not to exceed of $135,684. PURPOSE: The service agreement will provide mowing and grounds maintenance services for street right-of-ways for Flour Bluff groups FB1 and F133. The contract value for group FB1 is $72,900 and group FB3 is $62,784 for a total not to exceed for both contracts of$135,684. BACKGROUND AND FINDINGS: The mowing and grounds maintenance services of street right-of-ways assist in ensuring that the grounds at each site are safe, secure, and presentable at all times. The estimated cost for the Parks & Recreation Department to execute the same or similar work with in- house crews would be $243,894; therefore, it is beneficial for the City to contract out these mowing parcels. The department currently does not have the appropriate staffing level or equipment to perform these services. The Purchasing Division conducted multiple competitive Request for Bid processes to obtain bids for new contracts. The City received four responsive, responsible bids for RFB No. 1349 for group FB1 and four responsive, responsible bids for RFB No. 1512 for group FB3 and is recommending multiple awards to CML Services, LLC, as the lowest responsive responsible bidder for each RFB. 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. DEPARTMENTALCLEARANCES: Parks and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $893,445.84 $120,608.00 $1,014,053.84 Encumbered / Expended Amount $703,756.36 0.00 $703,756.36 This item $15,076.00 $120,608.00 $135,684.00 BALANCE $174,613.48 0.00 $174,613.48 Fund(s): Storm Water Comments: The contract value for group FB1 is $72,900 and group FB3 is $62,784 for a total not to exceed for both contracts of$135,684 of which $15,076 is funded in FY2017- 2018 budget. Each contract is a three-year term. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement — FB1 Service Agreement — FB3 Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID NO.1349 BUYER:ROBERTA ORTIZ MOWING AND GROUNDS MAINTENANCE SERVICES FOR STREET RIGHT-OF-WAYS FB1 CML Services,LLC La Med Facility Maintenance ABBA Construction,LLC Triple G Lawn Services ITEM DESCRIPTION CYCLES Corpus Christi,TX San Antonio,TX Laredo,TX Corpus Christi,TX UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED EXTENDED PRICE PRICE PRICE PRICE PRICE PRICE UNIT PRICE PRICE 1 Year One-FB1 12 $2,025.00 $24,300.00 $2,700.00 $32,400.00 $6,883.00 $82,596.00 $12,500.00 $150,000.00 2 Year Two-FB1 12 $2,025.00 $24,300.00 $2,700.00 $32,400.00 $6,883.00 $82,596.00 $13,750.00 $165,000.00 3 Year Three-FB1 12 $2,025.00 $24,300.00 $2,700.00 $32,400.00 $6,883.00 $82,596.00 $15,000.00 $180,000.00 $72,900.00 $97,200.00 $247,788.00 $495,000.00 BID TABULATION BID NO.1512 MOWING AND GROUNDS MAINTENANCE SERVICES FOR STREET RIGHT-OF-WAYS FB3 CML Services,LLC La Med Facility Maintenance ABBA Construction,LLC Triple G.Lawn Services ITEM DESCRIPTION CYCLES Corpus Christi,TX San Antonio,TX Laredo,TX Corpus Christi,TX UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED EXTENDED PRICE PRICE PRICE PRICE PRICE PRICE UNIT PRICE PRICE 1 Year One-FB3 12 $1,744.00 $20,928.00 $3,765.00 $45,180.00 $5,216.00 $62,592.00 $8,500.00 $102,000.00 2 Year Two-FB3 12 $1,744.00 $20,928.00 $3,765.00 $45,180.00 $5,216.00 $62,592.00 $9,350.00 $112,200.00 3 Year Three-FB3 12 $1,744.00 $20,928.00 $3,765.00 $45,180.00 $5,216.00 $62,592.00 $10,200.00 $122,400.00 $62,784.00 $135,540.00 $187,776.00 $336,600.00 Grand Total for all contract awards to CML Services,LLC is$135,684. SC 0 > SERVICE AGREEMENT NO. 1349 U Mowing and Grounds Maintenance Services for Street Right-of-Ways bO RPOR Af� 1852 Flour Bluff Group 1 THIS Mowing and Grounds Maintenance Services for Street Right-of-Ways Flour Bluff Group 1 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and CML Services, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide mowing and grounds maintenance services for street right-of-ways Flour Bluff group 1 in response to Request for Bid/Proposal No. 1349 ("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 mowing and grounds maintenance services for street right-of-ways Flour Bluff group 1 ("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-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 $72,900.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaWCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Title: Parks and Recreation Superintendant Address: 1201 Leopard Street, 3rd Floor Parks & Recreation Corpus Christi, Texas 78401 Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: CML Services, LLC Attn: Sandra Alvarez Title: President/CEO Address: 6262 Weber Road, Suite 103, Corpus Christi, Texas 78413 Phone: 361-730-9191 Fax: None 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits), B. its attachments, C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: Title: Bre Date: SILK`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 Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1349 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work 1. General Requirements/Background Information The Contractor shall provide Mowing and Grounds Maintenance Services of Street Right-of-Ways for Flour Bluff Group 1 (FB1 ) as outlined in this Scope of Work. Contractor shall ensure that the grounds at each site are safe, secure, and presentable at all times. The Scope of Work outlines the methods, procedures, and specifications to be used to perform mowing and grounds maintenance services. 2. Scope of Work Services are required for complete mowing and grounds maintenance care which shall include litter and debris removal, mowing, trimming and applying fertilizer to the City owned properties shown in Exhibit A-1 Locations. The Contractor will provide all labor, supplies and equipment necessary to perform the work. The Contractor shall be responsible for timely performance of the work stated in the scope of work. A. Prep Work 1 . The Contractor and all related employees shall attend an orientation prior to the term of the contract and every calendar year thereafter. Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations, including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches' square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. B. Post Work 1 . After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's pricing and such cost shall be included in the RFB. Proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. 2. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Page 1 of 8 3. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. C. Mowing and Trimminq Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 1 . Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 2. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 3. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 4. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 5. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. Page 2 of 8 6. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. 7. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree every cycle. D. Cycles Description Improve Right-of-Ways Group 1`131 • Monthly - 12 cycles per year E. Weed Control Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. 3. Work Site and Conditions A. The work shall be performed at various locations throughout the City as defined by Exhibits A-1 Locations and A-2 Map. B. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the Contract Administrator. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non-Work Hours: The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. E. Ozone Warning Days: 1 . No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. Page 3 of 8 However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2. Push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be included in the contract pricing. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS Page 4 of 8 notebook by the Contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 6. Security and Protection of Property A. Security Requirements: 1 . The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter City buildings at any location for any reason without receiving prior approval from the Contract Administrator. B. Protection of Property: 1 . The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. 3. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. 7. Notification and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. Page 5 of 8 C. The Contractor shall submit invoices only after cycles are completed. All areas have a 10% invoice reduction for unsatisfactory or incomplete work. A 10% invoice reduction will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property missed based on the average price per acre. The 10% reduction will apply to the adjusted invoice total. D. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. E. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Page 6 of 8 Exhibit A-1 Locations GROUP FB 1 'wr 10 CURRENT LOCATION AREA Cycles YEARLY TOTAL AREA Woodcrest - Don Patricio to Purdue Rd. 1.49 12 17.88 Stardust - Don Patricio Rd. to Division Rd. 0.77 12 9.24 Sentinel - Purdue Rd. to Don Patricio 1.44 12 17.28 Sunnycrest - Don Patricio Rd. to Division Rd. 0.75 12 9 Orange - Don Patricio Rd. to Division Rd. 0.73 12 8.76 Lynhurst - Don Patricio Rd. to Dead End South 0.23 12 2.76 Sandy Way - Don Patricio Rd. to Dead End-South 0.33 12 3.96 Amber - Don Patricio Rd. to Graham 1.70 12 20.4 Crestmont - Don Patricio Rd. to Division Rd. 0.74 12 8.88 Greer - Purdue Rd. to Utica St. 0.35 12 4.2 011ie - Purdue Rd. to Utica St. 0.36 12 4.32 Lorine - Utica St. to Rose St. 0.78 12 9.36 Sands - Utica St. to Tulia St. 0.70 12 8.4 Tulia - Dead End West to Sands 0.39 12 4.68 Ester - Sands to End of Ester 0.57 12 6.84 Roseanne - Sands to Ester Dr. 0.64 12 7.68 Utica - Sands Dr. to Dead End West 0.88 12 10.56 Rose - Lorine Dr. to Grand View Fence 0.44 12 5.28 Dune -Tulia St. to Rose St. 0.21 12 2.52 Acres 13.50 162 Page 7 of 8 Exhibit A-2 Map FBI ' r � k '1 G _~`I� � a, CO. ••� � � �r � �(.pi�+' - c Rao , � r� � ��k Kp� v n aFlourE3luff� r' �EE , 4m ��' � ❑ � Ja'c-R-io'ge-3r1 ./ Ooe earth � '� ,� �6�eaoak�G,• } �{y i Imagery Date:t,F,20t7 27°391P.45'N� 91°1744.44"W eledl: 14�ft� eye alt 11520 ft(,) Page of Attachment B: Bid/Pricing Schedule ° usC� CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1349 SNC BPUPPZE 1852 Mowing and Grounds Maintenance Services for Street Right-of-Ways for Flour Bluff Group 1 PAGE 1 OF 1 Date: 3/21/18 Authorized Bidder: CML Services, LLC 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. Item Description UNIT QTY Unit Price Total Price 1. Year One -Mowing and Grounds Cycle 12 Maintenance of Street Right-of- i l + QV 2_j 00,U Ways for FBI 2. Year Two -Mowing and Grounds Cycle 12 Maintenance of Street Right-of- 10 �p 14, W, b Ways for FBI 3. Year Three-Mowing and Cycle 12 Grounds Maintenance of Street Right-of-Ways for FBI Grand Total 6 Attachment C: Insurance and Bond Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. Commercial General Liability including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form $1 ,000,000 Aggregate 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Additio (All States Endorsement if Company is not Requirements of this section. domiciled in Texas) Employer's Liability 500,000 / $500,000 / $500,000 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements - Page 1 of 3 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. ■ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and ■ Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any Page 2 of 3 time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2018 Insurance Requirements Purchasing Mowing and Complete Grounds Maintenance 01/23/2018 sw Risk Management Valid Through 12/31/2018 Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required for this service. Page 1 of 1 SC 0 > SERVICE AGREEMENT NO. 1512 U Mowing and Grounds Maintenance Services for bO RPOR Af� 1852 Street Right-of-Ways Flour Bluff Group 3 THIS mowing and grounds maintenance services for street right-of-ways Flour Bluff group 3 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and CML Services, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide mowing and grounds maintenance services for street right-of-ways Flour Bluff group 3 in response to Request for Bid/Proposal No. 1512 ("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 mowing and grounds maintenance services for street right-of-ways Flour Bluff group 3 ("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-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 $62,784.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaWCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: City of Corpus Christi Title: Parks and Recreation Superintendant Address: 1201 Leopard St, 3rd Floor Parks & Recreation Corpus Christi, Texas 78401 Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: CML Services, LLC Attn: Sandra Alvarez Title: President/CEO Address: 6262 Weber Road, Suite 103, Corpus Christi, Texas 78413 Phone: (361 ) 730-9191 Fax: None 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits), B. its attachments, C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: 671�4 � iQ�Uar�z�— Title: �� C � Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1512 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work 1. General Requirements/Background Information The Contractor shall provide Mowing and Grounds Maintenance Services of Street Right-of-Ways for Flour Bluff Group 3 (FB3) as outlined in the Scope of Work. Contractor shall ensure that the grounds at each site are safe, secure, and presentable at all times. The Scope of Work outlines the methods, procedures, and specification to be used to perform mowing and grounds maintenance services. 2. Scope of Work Services are required for complete mowing and grounds maintenance care which shall include litter and debris removal, mowing, trimming and applying fertilizer to the City owned properties shown in Exhibits A-2 - Map. The Contractor will provide all labor, supplies and equipment necessary to perform the work. The Contractor shall be responsible for timely performance of the work stated in the scope of work. A. Prep Work 1 . The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches' square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. B. Post Work 1 . After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's pricing and such cost shall be included in the RFB. Proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. Page 1 of 8 2. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. 3. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. C. Mowing and Trimminq Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 1 . Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 2. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 3. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 4. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 5. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. Page 2 of 8 6. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. 7. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree every cycle. D. Cycles Description Improve Right-of-Ways Groups FB3 • Monthly - 12 cycles per year E. Weed Control Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. 3. Work Site and Conditions A. The work shall be performed at various locations throughout the City as defined by Exhibits A-1 Locations and A-2 Map. B. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the Contract Administrator. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non-Work Hours: The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. Page 3 of 8 E. Ozone Warning Days: 1 . No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2. Push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the Page 4 of 8 intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be included in the contract pricing. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the Contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 6. Security and Protection of Property A. Security Requirements: 1 . The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter City buildings at any location for any reason without receiving prior approval from the Contract Administrator. B. Protection of Property: 1 . The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. 3. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. 7. Notification and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be Page 5 of 8 charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% invoice reduction for unsatisfactory or incomplete work. A 10% invoice reduction will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% reduction will apply to the adjusted invoice total. D. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. E. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Page 6 of 8 Exhibit A-1 - Locations ffG R,0 u CURRENT LOCATION AREA Cycles YEARLY TOTAL AREA Webb - Military Dr. to NAS Dr. 0.54 12 6.48 Scotland - Military Dr. to NAS Dr. 0.58 12 6.96 Claride - Military Dr. to NAS Dr. 0.52 12 6.24 Anchor-Jester to Dead End 0.74 12 8.88 Aviation - 413 Aviation Dr. to Skipper Ln. 0.16 12 1.92 Jester - Dead End West to Dead End East 3.13 12 37.56 Marine - 1406 Marine St. to Hermine Dr. 0.04 12 0.495867769 Dewitt - 1310 Dewitt St. to Stone 0.21 12 2.52 Dema - Talmadge to Stone 0.25 12 3 Hermine St - Marine St. to Dewitt St. 0.20 12 2.4 Green Bay- Matlock to SPID 0.25 12 3 McIver- Matlock St. to Dead End North 0.48 12 5.76 Navy - NAS DR. to NAS Fence Line 0.35 12 4.2 Carleta - Skipper to Valerie 0.25 12 3 Judie - Cora Lee Dr. to Mounts Dr. 0.18 12 2.16 Linnet - Cora Lee Dr. to Mounts Dr. 0.17 12 2.04 Melody - Admiral Dr. to Mounts Dr. 0.18 12 2.16 Mirror - Admiral Dr. to Mounts Dr. 0.16 12 1.92 NAS Upper Triangle- 700 Waldron Rd. @ NAS Dr. 0.33 12 3.96 Acres 8.72 104.65586769 Page 7 of 8 e� oar\� r. YyA • i • i. �„ � �r ;4 t•F J'1Qr v y !" r a { 'dq • ,� Ski ame Q 9 44 1' 0'n �` r��. �„,� � µ .�:\.. jig •a� ` Google E h 02011 Google i 20004 Attachment B: Bid/Pricing Schedule so CITY OF CORPUS CHRISTI °+ a BID FORM v t�; PURCHASING DIVISION Mr AP a Efl RFB No. 1512 2a�2 Mowing and Grounds Maintenance Services for Street Right-of-Ways for Flour Bluff Group 3 Date: 3/21/18 PAGE 1 OF 1 Authorized Bidder: CML Services, LLC 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. Item Description UNIT QTY U 1t Price Total Price 1. Year One-Mowing and Grounds Cycle 12 Maintenance of Street Right-of- Ways ight-of-Wa s for FB3 ` 2. Year Two-Mowing and Grounds Cycle 12 I Maintenance of Street Right-of- Ways ight-of-Wa s for F83 I +Lt,tT t 3. Year Three-Mowing and Cycle 12 _ b ,t)0 I Grounds Maintenance of Street f�P« 3 f't%-- � Right-of-Ways for FB3 114-4-i to Grand Total •C Lz)1 , U0 Page 1 of 1 Attachment C: Insurance and Bond Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. Commercial General Liability including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form $1 ,000,000 Aggregate 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Additio (All States Endorsement if Company is not Requirements of this section. domiciled in Texas) Employer's Liability 500,000 / $500,000 / $500,000 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements - Page 1 of 3 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. ■ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and ■ Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any Page 2 of 3 time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2018 Insurance Requirements Purchasing Mowing and Complete Grounds Maintenance 01/23/2018 sw Risk Management Valid Through 12/31/2018 Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required for this service. Page 1 of 1 se o� � v AGENDA MEMORANDUM NOORPOR IEO Future Item for the City Council Meeting of June 12, 2018 1852 Action Item for the City Council Meeting June 19, 2018 DATE: May 15, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(a�cctexas.com (361) 826-3464 Meal Delivery Service Agreement Amendment CAPTION: Motion approving Third Amendment to Meal Delivery Service Agreement with R&R Delivery Service for 3 months in estimated amount of $107,305.14. PURPOSE: The R&R Delivery Service Agreement was originally approved August 25, 2014. The last extension to the agreement was February 24, 2018. The City is in the process of issuing a new bid invitation for meal delivery services. This amendment will allow the meal deliveries to continue, on a month-to-month basis, until a new agreement is awarded or the end of the fiscal period. The Meal Delivery Service Agreement is utilized by Senior Community Services to provide for the home delivery of meals to recipients of the Elderly Nutrition Program(ENP), Title XX, and Title XIX Meals on Wheels Program grants, and includes EXHIBIT A, the Summer Feeding Program Grant, funded through the Texas Department of Agriculture, from June 11, 2018 to August 3, 2018 for meal delivery at designated feeding sites for the City's free Summer Youth Feeding Program. BACKGROUND AND FINDINGS: This service consists of approximately 600 meals each day, Monday through Friday, delivered daily from 10:30 a.m. to 1:30 p.m. for the Elderly Nutrition Program. In addition, EXHIBIT A allows for the delivery of approximately 400 daily meals for the eight-week Summer Feeding Program Grant. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve amendments to the Service Agreement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Parks and Recreation Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $242,850.00 $242,850.00 Encumbered / Expended Amount $146,230.86 $146,230.86 This item $96,619.14 $96,619.14 BALANCE 0.00 0.00 Fund(s): Parks & Recreation Grant Fund — 1067 ENP Grant Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $10,686.00 $10,686.00 Encumbered / Expended Amount 0.00 0.00 This item $10,686.00 $10,686.00 BALANCE 0.00 0.00 Fund(s): Parks & Recreation Grant Fund — 1067 Summer Food Svc Program FY18 Comments: The above Financial Impact represents two separate grant budgets. ENP — 810818F Summer Food Service Program — 809219F RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Third Amendment to Meal Service Agreement THIRD AMENDMENT TO MEAL DELIVERY SERVICE AGREEMENT THIS THIRD AMENDMENT TO MEAL DELIVERY SERVICE AGREEMENT (this "Third Amendment"), is between Russell Paul James dba R&R Delivery Service ("Contractor") and the City of Corpus Christi, a political subdivision of the State of Texas, as lessee ("City"), effective as of date of last signature. RECITALS: WHEREAS, Contractor and City entered into that certain Meal Delivery Service Agreement dated as of August 25, 2014, as extended by that one certain Amendment dated May 8, 2015, as amended by that certain Amendment No. 1 dated December 27, 2016, as amended by that certain Amendment No. 2 dated August 30, 2017(as amended, the "Agreement"); WHEREAS, the City is in the process of issuing a bid invitation for meal delivery services; WHEREAS, Contractor and City now desire to further amend the Agreement as herein set forth; NOW, THEREFORE, in consideration of the premises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Amendment to Section 1. Effective as of the date hereof, Section 1, is hereby amended to read as follows: 1. Services. Contractor will provide Meal Delivery Services in accordance with Bid Invitation No. Bi-0142-14 (which includes Specification 1022 dated 03/31/11), for the per meal unit cost of $1.54. Contractor will provide meal delivery services to designated feeding sites for the City's Summer Youth Feeding Program for the period of June 11, 2018 through August 3, 2018 in accordance with the Scope of Work attached as Exhibit A for the per day flat rate of $274.00." 2 Amendment to Section 17. Effective as of the date hereof, Section 17 is hereby amended to read as follows: "17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current unit price under the terms of this Agreement, on a month-to-month basis, not to continue beyond September 30, 2018. This Agreement automatically expires on the effective date of a new contract." 3. Continued Effectiveness. Except as expressly modified by the terms and provisions hereof, each of the terms and provisions of the Agreement are hereby ratified and confirmed, and shall remain in full force and effect. 4. Disclosure of Interests. Contractor agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. The signatory executing this contract on behalf of Contractor verifies that the Contractor does not boycott Israel and will not boycott Israel during the term of this contract. Contractor agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Contractor agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 5. No Oral Agreements. This Third Amendment and the Agreement embody the final, entire agreement among the parties hereto. There are no oral agreements among the parties hereto. EXECUTED by and between: CITY OF CORPUS CHRISTI By: Name: Title: Date: CONTRACTOR: JAMES RUSSELL d/b/a R & R DELIVERY By: Name: Title: Date: EXHIBIT A Russell Paul James dba R&R Delivery Service ("Contractor") and the City of Corpus Christi, a political subdivision of the State of Texas, as lessee ("City"), effective as of date of last signature. SCOPE OF WORK: SUMMER FEEDING PROGRAM This quote is for the dates of June 11,2018 -August 3, 2018, and Contractor will deliver every Monday through Friday. The only exception will be July 4, 2018. This price includes all expenses,which are the following: rental of two vans,insurance,two drivers, fuel, and some supplies. Contractor will provide a hotshot service, picking up prepackaged items at the Nutrition Education Service Center (NESC), 4101 Old Brownsville Road,and delivering prepackaged items to selected sites (provided by City staff), afterwards dropping off all supplies to the NESC and providing any completed required reports. Price will be $274.00 per day-flat rate. SC GO O� Va. v AGENDA MEMORANDUM NORPOPPEFuture Item for the City Council Meeting of June 12, 2018 1852 Action Item for the City Council Meeting June 19, 2018 DATE: June 12, 2018 TO: Keith Selman, Interim City Manager FROM: Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2�cctexas.com (361) 826-3169 Work Gloves Supply Agreement CAPTION: Motion authorizing a 36-month supply agreement with Gulf Coast Nut & Bolt, LLC, of Corpus Christi, Texas, for Work Gloves for various departments for a total amount not to exceed $237,739.11. PURPOSE: This is a motion to approve a supply agreement for work gloves for various departments. BACKGROUND AND FINDINGS: The work gloves are stocked by the warehouse and used by various departments within the City. 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, Gulf Coast Nut & Bolt, LLC. 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. DEPARTMENTALCLEARANCES: Finance FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,800,195.15 $217,927.52 $3,018,122.67 Encumbered / Expended Amount $1,446,009.54 $0 $1,446,009.54 This item $19,811 .59 $217,927.52 $237,739.11 BALANCE $1 ,334,374.02 $0 $1 ,334,374.02 Fund(s): Stores Comments: The initial contract is for an amount not to exceed $ 237,739.11 for three years, with an estimated expenditure of $19,811.59 to be funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Purchasing Division RFB No.1631 Buyer:Cynthia Perez Work Gloves 24 Hr.Safety,LLC Corpus Gulf Coast Nut&Bolt LLC Christi,TX Corpus Christi,TX Item Description Unit 3yr.-Qty Unit Price Total Price Unit Price Total Price City Stock No.3118-Leather Palm Work Gloves,Large PR 660 $ 1.20 $ 792.00 $ 1.22 805.20 1 Seattle Glove 1160-L City Stock No.3120-Leather Driving Gloves,Small PR 2,544 $ 2.31 $ 5,876.64 $ 2.58 6,563.52 2 Seattle Glove 4064-S City Stock No.3121-Leather Driving Gloves,Medium PR 4,338 $ 2.31 $ 10,020.78 $ 2.58 11,192.04 3 Seattle Glove 4064-M City Stock No.3122-Leather Driving Gloves,Large PR 8,778 $ 2.31 $ 20,277.18 $ 2.58 22,647.24 4 Seattle Glove 4064-L City Stock No.3123-Leather Driving Gloves,Ex-Large PR 6,360 $ 2.31 $ 14,691.60 $ 2.58 16,408.80 5 Seattle Glove 4064-XL City Stock No.4112-Leather Driving Gloves,2X-Large PR 885 $ 2.59 $ 2,292.15 $ 2.96 2,619.60 6 Seattle Glove 4064-XXL City Stock No.3125-Driver's Gloves Cold Weather, PR 396 $ 3.77 $ 1,492.92 $ 3.77 1,492.92 7 Medium Seattle 9-3214R-M or equal City Stock No.3126-Driver's Gloves Cold Weather, PR 474 $ 3.77 $ 1,786.98 $ 3.77 1,786.98 8 Large Seattle 9-3214R-L or equal City Stock No.3127-Driver's Gloves Cold Weather,Ex- PR 189 $ 3.89 $ 735.21 $ 4.13 780.57 9 Large Seattle 9-3214R-XL or equal City Stock No.3128-Neoprene Gloves Short Seattle 12" PR 33 $ 0.99 $ 32.67 $ 0.99 32.67 10 Black Smooth PVC 8830-12 or equal City Stock No.3129-Neoprene Gloves Long Seattle 18" PR 2,352 $ 1.41 $ 3,316.32 $ 1.41 3,316.32 11 Black Smooth PVC 8830-12 or equal City Stock No.3130-Nitrile Work Gloves,Small NF15-S PR 30 $ 0.81 $ 24.30 $ 0.85 25.50 12 or equal City Stock No.3131-Nitrile Work Gloves,Medium NF15- PR 327 $ 0.81 $ 264.87 $ 0.85 277.95 13 M or equal City Stock No.3132-Nitrile Work Gloves,Ex-Large NF15- PR 198 $ 0.81 $ 160.38 $ 0.85 168.30 14 XL or equal City Stock No.3133-Nitrile Work Gloves,Large NF15-L PR 561 $ 0.81 $ 454.41 $ 0.85 476.85 15 lor equal City of Corpus Christi Bid Tabulation Purchasing Division RFB No.1631 Buyer:Cynthia Perez Work Gloves City Stock No.3134-Nitrile Gloves 8 Mil,Medium- BX 1,479 $ 5.88 $ 8,696.52 $ 5.20 7,690.80 16 MCR6030M or equal City Stock No.3130-Nitrile Gloves 8 Mil,Large- BX 1,551 $ 5.88 $ 9,119.88 $ 5.20 8,065.20 17 MCR6030L or equal City Stock No.3908-Nitrile Gloves 8 Mil,Ex-Large BX 4,521 $ 5.88 $ 26,583.48 $ 5.20 23,509.20 18 MCR6030XL or equal City Stock No.3137-Nitrile Foam Gloves,Small PR 7,746 $ 1.57 $ 12,161.22 $ 1.25 9,682.50 19 Manufacturer MEMG-96735 City Stock No.3138-Nitrile Foam Gloves,Medium PR 16,683 $ 1.57 $ 26,192.31 $ 1.25 20,853.75 20 Manufacturer MEMG-9673M City Stock No.3139-Nitrile Foam Gloves,Large PR 15,318 $ 1.57 $ 24,049.26 $ 1.25 19,147.50 21 Manufacturer MEMG-9673L City Stock No.3140-Nitrile Foam Gloves,Ex-Large PR 6,714 $ 10.70 $ 71,839.80 $ 1.25 8,392.50 22 Manufacturer MEMG-9673XL City Stock No.3141-Flex Grip Work Gloves,Medium 6 PR 23 per pk-CLC#125M-Handyman 1,164 $ 10.70 $ 12,454.80 $ 9.45 10,999.80 City Stock No.3142-Flex Grip Work Gloves,Large 6 per PR 24 pk-CLC#125L-Handyman 2,070 $ 10.70 $ 22,149.00 $ 9.45 19,561.50 City Stock No.3143-Flex Grip Work Gloves,Ex-Large 6 PR 25 per pk-CLC#125XL-Handyman 1,782 $ 3.53 $ 6,290.46 $ 9.45 16,839.90 City Stock No.3144-Latex Gloves,Disposable,Medium PR 26 Powder Free,MCR5055M 1,812 $ 3.53 $ 6,396.36 $ 5.42 9,821.04 City Stock No.3146-Latex Gloves,Disposable,Large PR 27 IPowder Free,MCR5055L 2,640 $ 3.53 $ 9,319.20 $ 5.42 14,308.80 28 City Stock No.3150-String Knit Gloves,Memphis#9634 PR 1,134 $ 0.24 $ 272.16 $ 0.24 272.16 Total $ 297,742.86 $ 237,739.11 mUs c.� w � SUPPLY AGREEMENT NO. 1631 U 1 Work Gloves 'yCa kPnR PE 1852 THIS Work Gloves Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Gulf Coast Nut & Bolt, LLC ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Work Gloves in response to Request for Bid No. 1631 ("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 Work Gloves 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 $237,739.11 , 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 12/15/17 Name: Robert Presnell Department: Finance - Warehouse Phone: (361 ) 826-1750 Email: RobertPRCCCtexas.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. (A) 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. (B) 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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 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 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Robert Presnell Title: Stores Supervisor Address: 5352 Ayers St. Bldg. 6, Corpus Christi, Texas 78415 Phone: (361 ) 826-1750 Fax: (361 ) 826-1690 IF TO SUPPLIER: Gulf Coast Nut & Bolt, LLC Attn: Isabelle Orrick Title: Manager Address: 4501 Leopard Street, Corpus Christi, Texas 78408 Phone: (361) 884-8074 Fax: (361 ) 884-7753 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF 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. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. 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 12/15/17 SUPPLIER Signature: ,/ Printed Name: Title: ��'� �'l' � J Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. 1631 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Supplier shall provide work gloves for the City's Warehouse as outlined in this Scope of Work. The work gloves are used by various departments throughout the City. 1.2 Scope of Work A. The Supplier shall provide work gloves. This specification covers various work gloves used by the City. The items listed in this scope will be used to restock the City's Warehouse. 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. C. The Work Gloves shall consist of the following leather palm work, driver's, Neoprene, Nitrile work and foam gloves, flex grip and powder free latex gloves in various sizes. 1.3 Contractor Quality Control and Superintendence The work gloves shall 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. Building 6, 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 CITY OF CORPUS CHRISTI BID FORM a PURCHASING DIVISION k axrenr a RFB No. 1 631 1852 Work Gloves 1 Date: rr PAGE 1 OF 2 r 67 f Authorized i Bidder: N - � �f 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 City Description UNIT 3yr.- Unit Total Stoc k Qty. Price Price No. Leather Palm Work Gloves, Large 9-11 1 3118 Seattle glove 1160-L PR 660 $ Leather Driving Gloves, Small 2 3120 Seattle Glove 4064-S PR 2544 $ �-, $65bS. Leather Driving Gloves, Medium �y 3 3121 Seattle Glove 4064-M PR 4338 $ Leather Driving Gloves, Large 4% y 4 3122 Seattle Glove 4064-L PR 8778 Leather Driving Gloves, Ex-Large , 5 3123 Seattle Glove 4064- XL PR 6360 $ $ 6. Leather Driving Gloves, 2X-Large 6 4112 1 Seattle Glove 4064-XXL PR 885 $ $ � Driver's Gloves Cold Weather, Medium Seattle 9-32148-M or 7 3125 equal PR 396 $ $ Driver's Gloves Cold Weather, 8 3126 Large Seattle 9-3214R-L or equal PR 474 Driver's Gloves Cold Weather, l3 Ex-Large, Seattle 9-32148-XL or 9 3127 equal PR 189 Neoprene Gloves, Short Seattle 12" Black Smooth PVC 8830-12 � 10 3128 ore ual PR 33 Neoprene Gloves, Long Seattle 18" Black Smooth PVC 8830-12 11 3129 orequal PR 2352 Nitrile Work Gloves, Small NF1S-S {° 12 3130 ore tial PR 30 $ , $ Nitrile Work Gloves, Medium NF- 13 3131 15-M orequal PR 327 $ $ ��`�• Nitrile Work Gloves, Ex-Largev 14 3132 NF15-XL orequal PR 198 Nitrile Work Gloves, Large, NF15- 15 3133 L orequal PR 561 Nitrile Gloves 8 Mil, Medium - 16 3134 MCR6030M orequal BX 1479 Nitrile Gloves 8 Mil, Large - 17 3135 MCR6030L orequal BX 1551 Nitrile Gloves 8 Mil, Ex- Large Manufacturer MCR6030XL or 18 3908 equal BX 4521 $ $ Nitrile Foam Gloves, Small �n 19 3137 Manufacturer MEMG -96735 PR 7746—_$ Nitrile Foam Gloves, Medium - 3 � 20 3138 Manufacturer MEMG -9673-M PR 16683 $ l Nitrile Foam Gloves, Large - 0 21 3139 Manufacturer MEMG -9673L PR 15318 $ Nitrile Foam Gloves - Ex-Large - � 22 3140 Manufacturer MEMG -9673-XL PR 6714 $ $' Flex Grip Work Gloves Medium 6 23 3141__per k- CLC#125M-Hand man PR 1164 Flex Grip Work Gloves Large 6 24 3142 per k-CLC#125L -Handyman PR 2070 $ � Flex Grip Work Gloves Ex-large 6 25 3143 per Pk- CLC#125XL - Handyman PR 1782 Latex Gloves, Disposable, Medium Powder Free, 26 3144 MCR5055M BX 1812 $ $%4, Latex Gloves, Disposable, Large 27 3146 Powder Free, MCR5055L ax 2640 28 31513 String Knit Glove, Mem his #9634 PR 1134 Total $ tl Attachment C -Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability 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 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 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 Order and Delivery of Goods 03/29/2018 sw Risk Management Valid Through 12/31 /2018 Attachment D - Warranty Requirements 1w , Gu coa -.A�� 'A.WMIM4 If St ro May 21, 2018 City of Corpus Christi 1201 Leopard St.,4th Floor Purchasing Corpus Christi,TX 78401 Cynthiap3@cctexas.com RE: RFB 1631 Gloves Gulf Coast Nut& Bolt LLC(GCNBLLC)warranties our gloves to be free from defects when purchased. GCNBLLC, in conjunction with the glove manufacturer,will guarantee to replace product due to manufacturer defect within three(3) months of purchase. Regards, GULF COAST NUT& BOLT Lkk sa e Orrick Managing Member 4501 Leopard St. Corpus Christi,TX 78408 361.884.8074 tele WEB:gcnbolt.com SC AGENDA MEMORANDUM Cqq PO PFuture Item for the City Council Meeting of June12, 2018 hPSE 1852 Action Item for the City Council Meeting of June 19, 2018 DATE: June 12, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management iimd(a�cctexas.com (361) 826-1909 Dan Grimsbo, Executive Director of Utilities Dane(acctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 c(D.cctexas.com (361) 826-3169 Purchase of Nine Mini Excavators for Utilities Department CAPTION: Motion authorizing the purchase of nine mini excavators from Doggett Heavy Machinery Services of Corpus Christi, Texas, via BuyBoard cooperative, for a total amount of $378,115.00. PURPOSE: This item is to approve the purchase of nine mini excavators for the Utilities Department. BACKGROUND AND FINDINGS: The Utilities Department currently has a requirement to replace nine mini excavators which are intended to perform various functions within the Water and Wastewater Divisions. Eight of these units are replacements while one is an addition to the fleet. The units to be replaced are all well past the end of their service lives. The addition is due to a new additional crew in the Water Division. These mini excavators will be purchased through the BuyBoard cooperative, which provides a higher level of buying power for this type of equipment; therefore, a better price for the City. 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 DEPARTMENTALCLEARANCES: Fleet Maintenance Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $7,398,460.00 $0.00 $7,398,460.00 Encumbered / Expended Amount $735,102.19 $0.00 $735,102.19 This item $378,115.00 $0.00 $378,115.00 BALANCE $356,987.19 $0.00 $356,987.19 Fund(s): Fleet Maint. Svc Comments: This purchase of nine mini excavators for$378,115.00 is funded in FY2017- 18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Price Sheet-Mini Excavators for Utilities City of Corpus Christi Doggett Heavy Machinery Svcs Purchasing Division Buyboard Contract#515-16 Buyer: Cynthia Perez No. Description Qty Unit Cost Extended Cost 1 26G Compact Excavator 6 EA $40,989.00 $245,934.00 2 35G Long Arm 1 EA $52,402.00 $52,402.00 3 17G with 12" Bucket 1 EA $28,424.00 $28,424.00 4 135G Standard Arm 1 EA $51,355.001 $51,355.00 Totall $378,115.00 mus c.� GO O� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 12, 2018 NORPO P PE 1852 Action Item for the City Council Meeting of June 19, 2018 DATE: June 12, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanGCa).cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2(a�cctexas.com (361) 826-3169 Supply Agreement for Ecosorb 505 for Utilities Department CAPTION: Resolution authorizing a one-year supply agreement with OMI Industries from Long Grove, Illinois for the purchase of Ecosorb 505 for a total amount of $111,331.75. PURPOSE: The item is to approve the purchase of Ecosorb 505 for the Utilities Department. BACKGROUND AND FINDINGS: The Utilities Department, Greenwood Wastewater Treatment Plant installed a 250 CFM Vaporization Phase Unit to minimize and control odors. This unit is in continuous use and requires Ecosorb 505 to function properly and neutralize odors. The purchase of this item is considered a sole source. Although other odor control products are available this product was specified in the Agreed Order with TCEQ to mitigate odor for the plant headworks. In addition, using other products could cause fire or explosion based on the equipment manufacturer's instructions, thereby voiding the warranty of the equipment. 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: Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $278,961.66 $74,221.17 $353,182.83 Encumbered / Expended Amount $230,135.00 $0.00 $230,135.00 This item $37,110.58 $74,221.17 $111,331.75 BALANCE $11,716.08 $0.00 $11,716.08 Fund(s): Wastewater Comments: The initial contract term total is $111,331.75 for 12 months, of which $37,110.58 is funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing a one-year supply agreement with OMI Industries from Long Grove, Illinois for the purchase of Ecosorb 505 for a total amount of$111,331.75. WHEREAS, the Ecosorb 500 will be used by the Utilities Department; WHEREAS, this product will be used to minimize and control odors at the Greenwood Wastewater Treatment Plant; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(x) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a purchase from OMI Industries, of Long Grove, Illinois, based on a sole source for a total amount not-to-exceed $111,331 .75. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Page 1 of 2 Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 City of Corpus Christi Price Sheet Purchasing Division Ecosorb 505 Buyer: Cynthia Perez OMI Industries Long Grove, Illinois ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Ecosorb 500 $5,564.00 18 $100,152.00 2 Shipping $2,235.95 5 $11,179.75 TOTAL $111,331.75 mUs c.� w � SUPPLY AGREEMENT NO. 59327 U 1 Ecosorb 505 for Utlities Department 'yCa kPnR PE 1852 THIS Ecosorb 505 for Utilities Department Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and OMI Industries, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Ecosorb 505 for Utilities Department in response to Request for Bid No. N/A ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Ecosorb 505 for Utilities Department in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. 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 $1 1 1 ,331 .75, 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 12/15/17 Name: Joanna Moreno Department: Utilities Phone: (361 ) 826-1649 Email: joannam@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. (A) 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. (B) 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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 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 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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 Road, Corpus Christi, TX 78415 Phone: (361 ) 826-1649 Fax: (361 ) 826-1715 IF TO SUPPLIER: OMI Industries Inc. Attn: Greg Gandy Title: Field Sales Address: One Corporate Drive, Suite 100, Long Grove, Illinois 60047 Phone: 1-847-304-9111 Fax: 1-847-304-0989 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF 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. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. 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 12/15/17 SUPPLIER Signature: J , Printed Name: Title: C'k V"v f V1 tet, Date: IA / � CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. N/A Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 • Attachment A: Scope of Work Scope of Work: Purchase of Ecosorb 505 for the Utilities Department. The Ecosorb 505 is used to minimize and control odors at the Greenwood Treatment Plant. The Ecosorb 500 will be delivered in five separate deliveries, four totes per delivery. This item is a sole source procurement from OMI Industries from Long Grove, Illinois. The Supplier shall deliver the product to. Delivery Location: Greenwood Wastewater Treatment Plant 6541 Greenwood Drive Corpus Christi, Texas 78415 Deliveries shall be made Monday- Friday, between 7:00 am and 3:30 pm. Page 1 of 1 Attachment B - Bid/Pricing Schedule City of Corpus Christi Price Sheet Purchasing Division Ecosorb 505 Buyer: Cynthia Perez OMI Industries Long Grove, Illinois ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Ecosorb 505 $5,564.00 18 $100,152.00 2 Shipping $2,235.95 5 $11,179.75 TOTAL $111,331.75 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor,to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and 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 change or termination required on all certificates Per occurrence- aggregate and policies. COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence 1. Commercial Broad Form $1,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability S. 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 this (All States Endorsement if Company Is not Exhibit. domiciled in Texas) Employers Liability $500,000/$5001000/$500,000 Page 4 of 17 RFQ Revised 10.2.2017 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be In statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract,and any extension hereof,at Contractor's sole expense,insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M.Best's rating of no less than A-VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O.Box 9277 Corpus Christi,TX 78469-9277 D. Contractor agrees that,with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers'compensation policy; • Provide for an endorsement that the 'other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers' liability policies will provide a waiver of subrogation in favor of the City;and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 5 of 17 RFQ Revised 10.2.2017 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 Utilities Supply and Delivery of Ecosorb 505 Odor Eliminating Product 02/19/2018 sw Risk Management Valid Through 12/31/2018 Page b of 17 RFQ Revised 10.2.2017 0MI Attachment D - Warranty Requirements INDUSTRIES May 8,2018 Dear City of Corpus Christi, OMI warrants that all Ecosorb products meet the specifications of the corresponding SDS sheet when shipped. Ecosorb materials found to not meet these specifications will be replaced at no cost if OMI is notified within 72 hours of receipt by the customer. All Ecosorb products have a shelf life of 6 months from original ship date, provided the following conditions are met: 1) All products must be stored in a well ventilated, cool dry environment out of direct sunlight. 2) All products must be stored between 4 - 29 °C (40°F and 85'F). Allowing products to freeze, may cause layering. 3) All products must be stored away from strong acids and oxidizing agents. 4) When handling products, clean gloves should be worn to prevent contamination. Sincerely, Nortb American Offices reg-(�a `ay CORPORATE One Corporate Drive,Suite 100 Greg Gandy Long Grove IL 60047 Field Sales-Western United States U.S.A. Phone: 281-705-2130 TELEPHONE: Email:ggandy@omi-industries.com 1-847-304-9111 FACSIMILE: 1-847-304-0989 PRovucr&EQUIPMENT MANUFACTURING 1300 Barbour Way Rising Sun,IN 47040 it 04 ECOS RB OW�- W W W.OMI-F COSORB.COM 800-662-6367 CITY COUNCIL EXECUTIVE SUMMARY Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works - ® Jeff H. Edmonds, P. E., Director of Engineering Services Dan Grimsbo, Executive Director of Utilities Meeting Date Agenda Category Le istar ID June 12, 2018 Motion 18-0635 June 19, 2018 Agenda Title: Master Service Agreement— Citywide Storm Water Infrastructure Rehabilitation / Replacement PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to execute Master Service Agreement o With LJA Engineering of Corpus Christi, Texas o For a not to exceed amount of$500,000 o to develop and implement the Citywide Storm Water Infrastructure Rehabilitation / Replacement project SUMMARY ➢ Master Service Agreement— o Provides basic scope, terms, conditions for future Task Orders o Task Orders - ■ Issued with specific scope of work and associated fees ■ Total not to exceed contract value ■ Administratively authorized ➢ Continuation of strategy to address aging storm water infrastructure citywide ➢ Project includes— o Evaluation, prioritization and hydraulic modeling of storm water infrastructure o Preparation of Indefinite Delivery Indefinite Quantity (IDIQ) documents o Preparation and issuance of Delivery Orders PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Project approved in 2018 Capital Improvement Program (CIP) budget ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Master Service Agreement ➢ Location Map ➢ Presentation FUTURE ACTIONS ➢ Award construction contract Project No.18100A SW/VP Rev.0—05/18/18 Item Details Legistar # 18-0635 Master Service Agreement — Citywide Storm Water Infrastructure Rehabilitation / Replacement Council Meeting Dates: Item Being Considered: Future Item — June 12, 2018 Motion Action Item - June 19, 2018 RECOMMENDATION: Authorization to award a contract with LJA Engineering of Corpus Christi, Texas for a not to exceed amount of $500,000 to develop and implement the Citywide Storm Water Infrastructure Rehabilitation/Replacement project. SUMMARY: This project continues implementation of a strategy to systematically rehabilitate and/or replace aging storm water infrastructure city-wide. It includes evaluation, prioritization, and hydraulic modeling of storm water infrastructure to develop construction strategies and methodologies to reduce flooding and maintenance costs. Preparation of the IDIQ construction documents to implement recommended improvements through multiple Delivery Orders (DO's) "work orders" is also included. The DO's will be prepared by the engineer and issued to the contractor based on the contractor's unit bid prices. There may be some projects that cannot be completed through the IDIQ process; these projects may be designed and bid separately. This MSA contract provides the basic scope, terms, and conditions that govern future Task Orders, which will be issued with specific scope of work and associated fees. The total Task Orders will not exceed the MSA contract value and will be administratively authorized by the City Manager or designee. LJA Engineering was selected by RFQ 2016-01. PREVIOUS COUNCIL / BOARD ACTIONS: None. Project No. 18100A 1 SW/VP Rev.0—05/22/18 BUDGET WORKSHEET Citywide Storm Water Infrastructure Rehabilitation/Replacement PROJECT FUNDS AVAILABLE: StormWater CIP Funds...................................................................................... $ 6,712,600 TOTAL FUNDS AVAILABLE............................................................................... $ 6,712,600 PROJECT FUNDS REQUIRED: Construction Fees: Construction (Estimate) ................................................................................... TBD Contingency (10%).......................................................................................... TBD Construction Inspection and Testing Fees:.............................................................. TBD Construction Inspection (estimate)....................................................... TBD Construction Phase - Materials Testing Services (estimate)....................... TBD Design, Right of Way Acquisition and Plan Review................................................... 549,990 Preliminary Engineering Design (LJA Engineering) .................................. 49,990 Master Service Agreement (LJA Engineering) THIS ITEM...................... 500,000 Reimbursement Fees and Miscellaneous............................................................... 338,630 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)............ 134,252 Engineering Services (Project Mgt/Constr Mgt)...................................... 201,378 Misc. (Printing, Advertising, etc.)......................................................... 3,000 TOTAL............................................................................................................ $ 888,620 * ESTIMATED PROJECT BUDGET BALANCE....................................................... $ 5,823,980 CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES Citywide Storm Water Infrastructure Rehabilitation/Replacement (Project No. 18100A) This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and LJA Engineering, a Texas Corporation, 820 Buffalo Street, Corpus Christi, Texas 78401 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER.....................................................................................2 ARTICLE II COMPENSATION.................................................................................................3 ARTICLE III QUALITY CONTROL PLAN .................................................................................4 ARTICLE IV INSURANCE REQUIREMENTS...........................................................................4 ARTICLE V INDEMNIFICATION..............................................................................................4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE.................................5 ARTICLE VII TERMINATION OF AGREEMENT .......................................................................5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT.........................................................................6 ARTICLE IX OWNER REMEDIES ............................................................................................6 ARTICLE X CONSULTANT REMEDIES..................................................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ...............................................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................9 EXHIBITS Page 1 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this Agreement. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 31d party owners/operators. Page 2 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $500,000. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order,and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City,which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 2.5 Monthly invoices will be submitted in accordance with the Payment Request, attached as Exhibit C. For T&M basis fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $.00 Task 1 —TBD TBD Task 2 —TBD TBD Task 3—TBD TBD Task 4—TBD TBD Task 5—TBD TBD Task 6—TBD TBD 2.7 In the event of any dispute(s)between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.8 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. Page 3 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC 2.9 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. ARTICLE III —QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost(OPC) as needed. 3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE IV— INSURANCE REQUIREMENTS 4.1 Consultant must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Page 4 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VI —TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a period of 24-months beginning on the Effective Date. The AgFee eRt may be WF 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in Page 5 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as "Draft" and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee,which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes,daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Upon reasonable prior notice, Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX—OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: Page 6 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non-value added work costs for change orders due to design errors or omissions,the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control,an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Page 7 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC 11.1.2 Every Claim of Consultant,whether for additional compensation, additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR)process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty(30)calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. Page 8 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC 11.3 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 11.4 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture,this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee maybe assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. Page 9 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 12.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 12.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with Articles I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to resolve said conflict. Page 10 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC CITY OF CORPUS CHRISTI LJA EN ERING ✓�wlr Jeff H. Edmonds, P. E. Date §6ff Cdym, . E. Date Director of Engineering Services Vice President 820 Buffalo Street Corpus Christi, TX 78401 APPROVED AS TO LEGAL FORM (361)887-8851 Office jcoym@lja.com Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary Page 11 Rev. 184 KIENGINEERING DATAEXCHANGEWELMAPIDRAINAGE118100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACEWASTER SERVICES AGREEMENT LJANSA52018- 0430 MASTER SERVICES AGREEMENT•PROFESSIONAL SERVICESAOC Citywide Storm Water Infrastructure Rehabilitation/Replacement (Project No. 18100A) Accounting Unit 3495-043 Account 550950 Activity 18100-A-3495-EXP Account Category 50950 Fund Name SW 2012B RVBD Page 12 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (Consultant) dated , 2018 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI LJA ENGINEERING Jeff H. Edmonds, P. E. Date Jeff Coym, P. E. Date Director of Engineering Services Vice President 820 Buffalo Street Corpus Christi, TX 78401 (361) 887-8851 Office jcoym@lja.com Master Services Agreement EXHIBIT B CONSULTANT PROPOSAL Master Services Agreement 114 5656 S Staples Street,Suite 230.Corpus Christi,Texas 78411 LJA ENGINEERING t 361.991.8550 f 361.993.7569 LJA.com TBPF F-1386 TBPLS 10104001 April 20, 2018 FEE PROPOSAL Jeff Edmonds, PE Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469-9277 Re: Proposal for Citywide Storm Water Infrastructure Rehabilitation/Replacement Master Service Agreement (MSA) LJA Proposal No. 18-01195 LJA Project No. C007-21078 Dear Mr. Edmonds: LJA Engineering, Inc. (LJA) is pleased to provide this proposal for development and implementation of a City-wide storm water infrastructure rehabilitation/replacement program. LJA assumes that it is the City's intent to Bid this project using an IDIQ contract approach and have LJA issue subsequent Delivery Order (DO'S) to the selected contractor during the Construction Phase. Additionally, there may be some projects that cannot be completed through the IDIQ process, these projects may be designed and bid separately. Attachment "A" details an initial general scope of services required for this proposal. We propose to work this project in a Master Service Agreement (MSA) for a total contract amount not-to-exceed $500,000.00. If this proposal meets with your approval, your signature below will be sufficient authorization to commence the work. We appreciate the opportunity to submit this proposal, and look forward to working with you on completion of this project. It you have any questions please feel free to contact me at any time at 361.991.8550 or by email at jcoym@lja.com. Sincerely, Accepted By: CITY OF CORPUS CHRISTI ge By: Vice President, Corpus Christi Title: Date: EXHIBIT "B" Page 1 of 3 V,1LJA ENGINEERINGILJA OPPORTUNITIES-PROPOSALS-PSA 2016-20171Corpus Christi Opporturnties12018 Pro.Lir -PSA ContracW18-01195-Cdy of Cc 010 Storm Water Improvements501-18-01195-Proposal Letter&Attachment A.docx Attachment"A" General Scope of Services Citywide Storm Water Infrastructure Rehabilitation/Replacement Tasks 1-6 This contract is a Master Service Agreement (MSA) to provide the required professional engineering services for the Citywide Storm Water Infrastructure Rehabilitation/Replacement project. The MSA contract specifies basic scope, terms, and conditions that will govern future Task Orders. Future Task Orders will be issued with specific scope of work and associated fees. The total Task Orders will not exceed the MSA contract value. Future Task Orders will be administratively issued by the Director of Engineering Services or designee. Below are descriptions of anticipated Task Authorizations. Additional or alternate tasks may be undertaken during the project. Actual scope and fee of each task will be negotiated prior to authorization to commence each task. Task 1: LJA will prepare contract documents and specifications for the purpose of bidding an IDIO formatted project for multiple Storm Water related repairs or improvements throughout the City. The specifications will include bid items with miscellaneous values sufficient to procure unit prices for each. It is anticipated that the bid items included will be those typically involved with varies types of Storm Water infrastructure rehabilitation or replacement projects. The fee for this Task 1 will be determined at a later date. Task 2: On September 27, 2017, under a separate contract, LJA delivered a report proposing three options to correct a storm water drainage issue occurring at the Turtle Cove Subdivision in Flour Bluff. It is anticipated that Task 2 will included efforts to issue a Delivery Order proposing recommended storm water improvements to correct this issue. The fee for this Task 2 will be determined at a later date. Task 3: Horne Road National Guard Armory storm water erosion improvements. This Task 3 scope includes redirecting storm water flows in an existing ditch adjacent to the National Guard Armory in order to prevent further erosion. The fee for this Task 3 will be determined at a later date. Task 4: Investigate and provide recommendations to alleviate flooding issues occurring at a Flour Bluff Subdivision. The fee for this Task 4 will be determined at a later date. EXHIBIT "B" Page 2 of 3 V:1LJA ENGINEERINGILJA OPPORTUNITIES-PROPOSALS-PSA 2016-20171Corpus Chnsti Opportunilies12018 Pro.LLr -PSA Contrects%1 B-01195-City of CC 1010 Storm Water tmprovements101-18-01195-Proposal Letter 8 Attachment A docx Letter docx Task 5: North Beach Drainage Improvements. This Task involves reviewing recommendations from HDR's drainage improvements study of the North Beach area and developing a construction delivery order accordingly. The fee for this Task 5 will be determined at a later date. Task 6: Large Volume Floatables Interceptor improvements specific to the Cole Park area. This Task involves studying and providing recommendations for reducing the amount of trash floatables entering the Storm Water collection system. The fee for this Task 6 will be determined at a later date. EXHIBIT "B" Page 3 of 3 V 1LJA ENGINEERINGILJA OPPORTUNITIES-PROPOSALS-PSA 2016.20171Corpus Chnso Opponumbes12018 Pro.Ltr.-PSA Contracis118-01195-City of CC IDIO Storm Water Improvements101-18-01195-Proposal Letter&Attachment A docx Letter.docx EXHIBIT C PAYMENT REQUEST FORM Master Services Agreement Sample form for: COMPLETE PROJECT NAME Payment Request AE Contract Project No.XXXX Revised 02/01/17 Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD1 TBDI TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.001 $1,627.001 $4,747.00 $500.00 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.001 $1,250.001 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.001 $1,627.001 $4,747.00 $500.00 $0.00 $500.001 $4,247.00 10.5% Total of Fees 1$8,000.00 $2,120.001 $2,877.001 $12,997.00 $1,500.00 $1,500.00 $3,000.00 79,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"C" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT D INSURANCE REQUIREMENTS Master Services Agreement EXHIBIT D Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of 1 Rev 07/16 insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 07/16 EXHIBIT E EXCERPT FROM GENERAL CONDITIONS FOR CONSTRUCTION CONTRACT Master Services Agreement Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology.......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work ....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22—Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26—Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29—Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from Form 00 72 00 General Conditions- 1 Rev 18-2 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from Form 00 72 00 General Conditions-2 Rev 18-2 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from Form 00 72 00 General Conditions-3 Rev 18-2 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from Form 00 72 00 General Conditions-4 Rev 18-2 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner -The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from Form 00 72 00 General Conditions-5 Rev 18-2 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from Form 00 72 00 General Conditions-6 Rev 18-2 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work- Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from Form 00 72 00 General Conditions-7 Rev 18-2 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from Form 00 72 00 General Conditions-8 Rev 18-2 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from Form 00 72 00 General Conditions-9 Rev 18-2 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from Form 00 72 00 General Conditions- 10 Rev 18-2 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from Form 00 72 00 General Conditions- 11 Rev 18-2 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04,if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from Form 00 72 00 General Conditions- 12 Rev 18-2 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from Form 00 72 00 General Conditions- 13 Rev 18-2 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from Form 00 72 00 General Conditions- 14 Rev 18-2 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from Form 00 72 00 General Conditions- 15 Rev 18-2 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. S. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from Form 00 72 00 General Conditions- 16 Rev 18-2 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions- 17 Rev 18-2 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from Form 00 72 00 General Conditions- 18 Rev 18-2 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from Form 00 72 00 General Conditions- 19 Rev 18-2 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from Form 00 72 00 General Conditions-20 Rev 18-2 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from Form 00 72 00 General Conditions-21 Rev 18-2 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions-22 Rev 18-2 + I N SCALE: N.T.S. CITYWIDE PROJECT o � NUECES BAY 0 wh w CORPUS CHRISD i 4 M M g CORPUS CHRISTI BAY N g F CINIBII tl pp CSO&Y HAYLL NR SM1pH C 0°6 u FLOUR BEUFF am LAGUM WORE GULF OF MDOCD LOCATION MAP NOT TO SCALE Project Number: 18100A Citywide Storm Water Infrastructure CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS Rehabilitation / Replacement DEPARTMENT OF ENGINEERING SERVICES �� Corpus Chr sti Engineering Citywide Storm Water Infrastructure Rehabilitation/Replacement Council Presentation • June 12, 2018 Project Location Corpus*Ch,sti — Engineering Citywide Storm Water Infrastructure Rehabilitation/Replacement N SCALE:N.T.S. C70 F R $I� \atr a Project Vicinity Corpus*Ch,sti Engineering lw All ityvui a torm ater n ras ruc ure Rehabilitation / Re lacement ,r Wr'! rye: Project Scope -�.rsp Corpus Chr'sti Engineering MSA - individual task orders will be issued to: • Analyze and prioritize storm water infrastructure improvements • Prepare bid docs for IDIQ construction • Prepare Delivery Orders based on work plan for IDIQ program • Prepare bid/construction documents for projects not part of IDIQ program Project Schedule A Corpus*Ch,sti Engineering 2018 20192020 2021 J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A Bid / Design Construction TBD Award This is a Master Services Agreement for Professional Services. The service shall be for a period of 24-months. The engineer will be tasked throughout the life of this contract for designand construction documents. A schedule will be prepared with each Task Order/Delivery Order. CITY COUNCIL EXECUTIVE SUMMARY Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works Jeff H. Edmonds, P. E., Director of Engineering Services Lawrence Mikolajczyk, Director of Solid Waste Meeting Date Agenda Category Legis tar ID June 12, 2018 Resolution 18-0636 June 19, 2018 Agenda Title: Construction Contract—J. C. Elliott Site Improvements PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to execute Construction Contract o With Bridges Specialties, Inc. of Robstown, Texas o In the amount of$394,545.05 o For the J. C. Elliott Site Improvements project base bid SUMMARY ➢ Site operations — o Transfer Station ■ Solid Waste Department refuse trucks deliver to site ■ 18-wheelers transport refuse to Cefe Valenzuela Landfill (1 load = 3 refuse trucks) o Citizens' Collection Center o Recycling services o Free mulch ➢ Existing condition — o Pavement, drainage and shallow utility lines severely deteriorated o Storm water ponding during routine storm events ■ Reduced service levels ■ Delays ■ Safety concerns ➢ Project scope — o Supports increased traffic loads o Improves mixed traffic site circulation o Utility & storm water drainage improvements PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Apparent low bid deemed non-responsive ➢ Project approved in Capital Improvement Program (CIP) budget ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Letter of Recommendation ➢ Location Map ➢ Project Budget ➢ Resolution ➢ Presentation FUTURE ACTIONS ➢ None Project No.E17060 LV/CJ Rev.0—05/18/18 Item Details Legistar# 18-0636 Construction Contract — J. C. Elliott Site Improvements Council Meeting Dates: Item Being Considered: Future Item—June 12, 2018 Resolution Action Item - June 19, 2018 RECOMMENDATION: Authorization to award a construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of$394,545.05 for the J.C. Elliott Site Improvements project for the base bid. BASE BID: This project consists of the following, but not limited to, site improvements consisting of demolition of pavement and wastewater utilities, the installation of pavement, wastewater utilities, wastewater lift station, water utility, storm utility, and appurtenances. BID SUMMARY CONTRACTOR BASE BID Bridges Specialties, Inc. Corpus Christi, Texas 394,545.05 Mo-Con Services, Inc. Corpus Christi, Texas 497,713.71 Winters Construction, Inc. San Antonio, Texas 511,619.17 DMB Construction, LLC Corpus Christi, Texas 523,914.22 Barcom Construction, Inc. Corpus Christi, Texas 456,635.35 Welch Excavation and Utility Company Winona, Texas 457,191.44 Jimmy Evans Company Austin, Texas 471,798.00 Jhabores Construction Company, Inc. 489,681.87 Corpus Christi, Texas Engineer's Opinion of Probable Construction Cost $509,892.16 SUMMARY: This project is critical to ongoing operations at the JC Elliot Landfill and continued compliance with TCEQ for oversight and monitoring of the closed landfill. Ongoing operations include the City's Transfer Station, Citizens' Collection Center, recycling services and free mulch. The facility supports up to approximately Project No.E17060 1 LV/CJ Rev.1—05/31/18 400 residents on weekdays and over 800 on weekends. Existing pavement, drainage and shallow utility lines are experiencing severe deterioration. During routine storm events, the site becomes inundated with ponding storm water that causes delays, reduced service levels and increased safety concerns. The Transfer Station receives City refuse trucks and commercial waste from local businesses for transport to Cefe" Valenzuela Landfill (CVL). Over 400 tons of waste and debris are collected and transferred daily. The Solid Waste Department recently improved operational safety and cost effectiveness by diverting its refuse collection trucks to the Transfer Station in lieu of direct hauling to CVL. An 18-wheeler transports the loads of three (3) refuse trucks to CVL from the Transfer Station, thus reducing vehicle counts on the public roads, and mileage and operating costs of City refuse trucks. This project allows critical improvements to support the increased traffic load at the Transfer Station and improves the mixed traffic site circulation. The project provides for the construction of utility and storm water drainage improvements necessary for a future Collection Center Building that will house landfill personnel, store TCEQ compliance records and coordinate the operation of the Citizens Collection Center, Transfer Station and Scale House. Site improvements include water and wastewater utilities, a lift station, drainage concrete swales, headwalls and culverts and a parking lot to accommodate employee and visitor vehicles. On May 9th, 2018, the City received proposals from ten (10) bidders. Two bidders were deemed non- responsive, including the apparent low bid (Abel's Paving & Construction), and were not considered for award. Munoz Engineering recommends the construction contract be awarded to Bridges Specialties, Inc. of Robstown, Texas. Munoz Engineering was selected for the design of this project under the existing Facilities Multiple Award Contract (FMAC) program, RFQ 2016-01 -Transportation and Utilities. PREVIOUS COUNCIL/ BOARD ACTIONS: None. Project No.E17060 2 LV/CJ Rev.1—05/31/18 Page 1 of 2 Resolution rejecting the apparent low bid of Abel's Paving & Construction as non-responsive and authorizing execution of a construction contract with Bridges Specialties, Inc. as the lowest responsive bidder in the amount of $394,545.05 for the JC Elliott Landfill Site Improvements project. WHEREAS, bids were opened on May 9, 2018 for the JC Elliott Landfill Site Improvements ("Project"); and WHEREAS, the apparent low bidder for the Project, Abel's Paving & Construction, failed to use the correct bid form which was included in Addendum 1 to the bid documents; and WHEREAS, the bid submitted by Abel's Paving & Construction was incomplete as they did not use the updated bid form which included several additional line items under Part B — Site Improvements for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bid submitted by Abel's Paving & Construction is rejected as non-responsive. SECTION 2. The City Manager or designee is authorized to execute a construction contract with Bridges Specialties, Inc. of Robstown, Texas as the lowest responsive bidder in the amount of $394,545.05 for the JC Elliott Landfill Site Improvements project. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 Corpus Christi, Texas of , 2018. The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith MUNOZ ENGINEERING MUNOZ ENGINEERING Practical Engineering Solutions May 15, 2018 City of Corpus Christi Department of Engineering Services PO Box 9277 Corpus Christi, Texas 78469-9277 Re: E17060 JC ELLIOTT SITE IMPROVEMENTS CORPUS CHRISTI, TEXAS AWARD RECOMMENDATION To Whom It May Concern: The bids for the referenced project were opened on Wednesday, 9 May 2018. At that time there were ten (10) bids received and subsequently reviewed for accuracy and compliance with the bid documents. All the documentation was in order and that, in our opinion, all bidders offered qualified bids, except for two (2) which were deemed Non-Responsive by the City of Corpus Christi. Bridges Specialties, Inc, out of Robstown, Texas is the apparent low bidder. Based on the information provided with the bid documents we are confident that Bridges Specialties, Inc is qualified to complete the work. We recommend that the City of Corpus Christi select Bridges Specialties, Inc, out of Robstown, Texas base bid for a total construction cost of $394,545.05. The contractor will have 240 calendar days from the issuance of a notice to proceed to complete the project. Should you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, MUNOZ ENGINEERING, LLC Thomas Tiffin, P.E. Project Manager M'.\Projects\COCC\17X JC Elliot Collection B.,1d,,g\Engi ,,g\E1]000 JC EII,dt Site Imp rovem encs-A,,,d Re mmentlaiion-20180515 d- 1608 S. BROWNLEE BLVD ■ CORPUS CHRISTI,TX 78404 ■ (0)361-946-4848 ■ (F)361-265-0562 ■ TBPE FIRM F-12240 munozengrg.com PROJECT BUDGET ESTIMATE J.C. Elliott Site Improvements Capital Improvement Program PROJECT FUNDS AVAILABLE: Landfill 2015 CO 560,000 TOTAL FUNDS AVAILABLE.......................................................................................... 560,000 FUNDS REQUIRED: Construction Fees:........................................................................................................ 434,000 Construction (BRIDGES SPECIALTIES, INC) THIS ITEM................................... 394,545 Contingency (10%)...................................................................................... 39,455 Construction Inspection and Testing Fees:......................................................................... 31,210 Construction Inspection................................................................................ 19,600 Construction Phase - Geotechnical and Materials Testing Services (PSI) .............. 11,610 DesignFees:............................................................................................................... 28,000 Engineer(Munoz Engineering)........................................................................ 28,000 Reimbursements:......................................................................................................... 29,000 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) ..................... 11,200 Engineering Services (Project Mgt)............................................................... 16,800 Misc. (Printing, Advertising, etc.)................................................................... 1,000 TOTAL....................................................................................................................... 522,210 ESTIMATED PROJECT BUDGET BALANCE.................................................................... 37,790 N SCALE: N.T.S. MVECES RA" e24 NUECES BAY ANNAALLE 77 U y/ o CORPUS CHRISTI 8 � LEOPARD D a ROBSTOWN z 44 CORPUS CHRISTI �< 288 INTERNA AIRPORTnO 388 N ' a CORPUS CHRISTI BAY w m e ro n F p Sp ^ TEAS A&M UN CORPUS SRY CORPVS CHRISTI Y 388 ISS �y OSO BAY CORC\\C%^\\"'V"PUS c FIELDQ NAVAL AIR 888 43 FLOUR BLU 388 aas J O 2444 OQ 3 �PROJECT LOCATION LAGUNA LOCATION MAP NOT TO SCALE Project Number: E17060 J.C. Elliott Landfill CITY COUNCIL EXHIBIT Site Improvements CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering J.C. Elliott Landfill Site Improvements Council Presentation June 12, 2018 _ Project Location Corpus*Ch,sti Engineering ,v R 'R N snlR SCALE:N.T.S. CORPUS CHRISTI l-EocARo as g� w AIR ORTTONAL 359 5 ORO O 9.i OC� J.C.ELLIOTT LANDFILL SITE IMPROVEMENTS coNPus sp � MOkY COR FIELD x OSO �C 13 00 2 Project Vicinity Corpus*Ch,sti Engineering N SCALE:N.T.S. � St 3 � by �o V i OS0 Creek J.C.Elliott Landfill J.C.ELLIOTT LANDFILL SITE IMPROVEMENTS i -- 1 Project Vicinity Corpus*Ch,sti Engineering Transfer Station N J.C.ELLIOTT LANDFILL Scnr,NJ S. SITE IMPROVEMENTS 3 o " 0 � V Citizens Collection Center Existing Collection Center Building I Scale House Landfill Entrance 4 Project Scope Corpus*Ch,sli Engineering Site improvements for Citizens Collection Center, Transfer Station and Scale House at JC Elliott Landfill to increase public safety and reduce operating cost and mileage of city refuse trucks. Improvements include: • Pavement restoration, new markings and signage • Drainage Improvements • Wastewater underground lines with new packaged unit lift station • Water underground lines with new fire hydrant for fire protection ❖ Site Improvements consider future Collection Center Building Project Schedule Corpus*Ch,sti Engineering 2017 20181 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Bid&Award Construction Construction Calendar Days: 210 N 7 Months Site Photographs C May, 201h 2018 - 1/2 inch Rain Event s*Ch,stiEngineering 05.21,2018 0 0 Citizen's Collection Center and Transfer Station Exit Site Photographs L Ursa May, 201h Corpus Chr sti 2018 - 1/2 inch Rain Event Engineering f � a y ll t Citizen's Collection Center s se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 12, 2018 Nc1852Ev Action Item for the City Council Meeting of June19, 2018 DATE: June 12, 2018 TO: Keith Selman, Interim City Manager FROM: Lawrence Mikolajczyk., Director of Solid Waste Operations lawm(a�cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(acctexas.com (361) 826-3169 Purchase of Refuse and Recycling Carts for Solid Waste CAPTION: Motion authorizing the purchase of refuse and recycling carts from Cascade Engineering of Grand Rapids, Michigan, via Houston-Galveston Area Cooperative, in the total amount of $120,019.20. PURPOSE: This item is to approve the purchase of 2,320 carts consisting of green refuse carts and blue recycling carts for Solid Waste Department. BACKGROUND AND FINDINGS: The containers will be distributed to new customers, customers requesting additional containers and customers requesting replacements for damage and stolen carts. The entire City is currently on the automated collection program which was first implemented in 2002. The carts that are damaged and deemed unserviceable are collected and recycled by the Solid Waste Department. The carts will be purchased through the HGAC cooperative which provides a very competitive price and expedites the purchase of these needed carts. 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 DEPARTMENTALCLEARANCES: Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $182,503.08 $ $182,503.08 Encumbered / Expended Amount $53,162.61 $0.00 $53,162.61 This item $120,019.20 $ $120,019.20 BALANCE $9,321 .27 $0.00 $9,321 .27 Fund(s): General Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Purchasing Division Carts for Solid Waste Buyer: Cynthia Perez HGAC Contract RC01-18 Cascade Engineering Grand Rapids, Michigan ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Cart 96-Gal Moss Green $46.77 1,520 $71,090.40 2 Cart 96-Gal Medium Blue $46.77 800 $37,416.00 3 In Molded Label 3x 13" $1.00 1520 $1,520.00 4 In Molded Label 3x 13" $1.50 800 $1,200.00 5 Shipping $3.79 2,320 $8,792.80 Frei ht TOTAL $120,019.20 se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 12, 2018 Nc1852Ev Action Item for the City Council Meeting of June 19, 2018 DATE: June 4, 2018 TO: Keith Selman, Interim City Manager FROM: Kim Womack, Communication Director KimW@cctexas.com 361.826.3310 Renewal of Service Agreement with Sprout Social for an Integrated Social Media Platform CAPTION: Resolution finding that the renewal of a service agreement with Sprout Social, Inc. for the Communication Department is a sole source procurement; and authorizing a one-year renewal with Sprout Social Inc. of$15,300.00, for a total renewal amount not to exceed $30,600. PURPOSE: The purpose of this item is to renew a service agreement with Sprout Social Media, Inc., which is an integrated social media solution. This agreement authorizes a one-year renewal of services that will expire February 27, 2019. BACKGROUND AND FINDINGS: The City began utilizing this software in February 2015 based on a sole source service provider. Sprout Social offers services in on consolidated product rather than purchasing three separate software packages for records retention, analytics/reporting and multi- channel social media management. Sprout Social was selected to help brand communication of social channels and provides a single hub for social media publishing, analytics, and engagement across all social profiles. ALTERNATIVES: Not authorizing this renewal. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Not applicable EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Legal Finance - Purchasing 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 $15,300.00 $15,300.00 BALANCE Fund(s): Professional Services Comments: N/A RECOMMENDATION: Staff recommends approval of this item. LIST OF SUPPORTING DOCUMENTS: Resolution Service Agreement Sole Source Justification Memo Resolution finding that the renewal of a service agreement with Sprout Social, Inc. for the Communication Department is a sole source procurement; and authorizing a one-year renewal with Sprout Social Inc. for $15,300, with an option to extend for an additional one-year term, for a total renewal amount not to exceed $30,600. WHEREAS, renewal of a SproutSocial software license subscription will be renewed for use by the Communication Department; WHEREAS, this system will assist the City with brand communication on social channels and provides a single hub for social media publishing, analytics, engagement across all social profiles, and records retention for social media; WHEREAS, the City began utilizing the software in February 2015 on an annual renewal basis at total cost of$45,900 to date and the additional annual renewal will bring overall total to $61,200, and exercise of the additional option to extend for an additional one year would bring the overall total to $76,500; 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(x) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to renew software license with Sprout Social Inc. based on a sole source, for a one year renewal term for $15,300, with option to extend for a second renewal term of $15,300, for a total renewal amount not-to-exceed $ 30,600. 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 Everett Roy Lucy Rubio Greg Smith Page 2 of 2 SC 0 > SERVICE AGREEMENT NO. 57196 U Sprout Social Media Web Host Services bO RPOR Af� 1852 THIS Sprout Social Media Web Host Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Sprout Social, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Sprout Social Media Web Host Services 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 Social Media Web Host ("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 one 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 $15,300.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Kim Womack Department: Public Information Office of Communications Phone: 361-826-3210 Email: KimW@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Kim Womack Title: Director of Communications Address: 1201 Leopard St., Corpus Christi, TX 78409 Phone: 361-826-3210 IF TO CONTRACTOR: Sprout Social Inc. Attn: Michael Comer Title: Senior Customer Success Manager Address: 131 S. Dearborn St., l Oth Floor, Chicago, IL 60603 Phone: 773-904-9633 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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) 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 12/15/17 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) CONTRACTOR Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 Signature: Printed Name: Mirza Mujkanovic Title: Director,Customer Success Date: 02/05/2018 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. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 ATTACHMENT A: SCOPE OF WORK The Communication Department is in need of an integrated social media solution. This application will manage all City social media channels, to include at least 8 different platforms. Services also include unlimited reports and archiving as required by State Law. W�r Michael Comer/ Sprout Social, Inc. 6/6/18 Page 1 of 1 ATTACHMENT B: QUOTE AND PRICING SCHEDULE sproutsocial City of Corpus Christi 2/27/19 AGREEMENT FOR AGREEMENT VALID THRU Business Nam City of Corpus Christi Social Profile_ 50 Account Owns; Kim Womack Group 20 Owner ErrAil kimw@cctexas.com Brand Keyword,, 20 Subscription Tern- 12 months Subscription Start fiat:- 2/27118 Payment Tern,y Due upon receipt .. MONTHLYQUANTITY TOTAL Enterprise plan (10 users included) 1 $ 17500.00 15 $ 1,275.00 5 Additional Profiles 0 $ 25.00 $ 0 00 5 Additional Brand Keywords 0 $ 25.00 $ 0.00 5 Additional Groups 0 $ 25.00 $ 0.00 $ 0.00 15%discount included $ 1,275.00 Additional users can be added at$125/month which will be pro-rated for remainder of billing cycle MONTHLY TOTAL Annual total $15,300 f t o� l� I ACCEPTED BY DA',; Page 1 of 1 ATTACHMENT C: INSURANCE REQUIREMENTS Section 5. (A) is null for this Service Agreement. Page 1 of 1 ATTACHMENT C: BOND REQUIREMENTS Section 5. (B) is null for this Service Agreement. Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS Section 8 (a) & (b) is null to this service agreement. Page 1 of 1 opuS MEMORANDUM To: Kim Baker, Assistant Director Financial Services From: Kim Womack, Communication Director C�_ Date: January 10, 2018 0 E� Subject: Sole Source Justification - Sprout Social kv Please accept this memo as authorization to use a sole source letter for Sprout Social.This vendor was selected to help brand communication on social channels and provides a single hub for social media publishing,analytics, and engagement across all social profiles.This platform also meets records retention for social media. Sprout offers services in one consolidated product rather than purchasing 3 software packages for records retention,analytics/reporting and multi-channel social media management. On February 27, 2018,the agreement will expire. If you have any questions please feel free to contact me. Thank you, Kim Womack Communication Director v sproutsocia! December 27, 2017 To v horn it may conce n This letter is to contirrn that a;of the dale of this letter,'thic Sprout Social""application accessible at 4;1.x1,,+.SprautSocial.cor^ (the"Sprout Social Product") is developed,sold and distributed exciusively by Sprout Social, Inc. Sprout Social, inc. partners with MFItti+rater Needs USI Inc. („Meltvlater")to provide a version of the Sprout Sofial Product, however, the Meiisr:;,ter product has different confi'guratiorls and OUttSourced customer Support and 'therefore is a different product than the Sprout Social ProdUCt We are looking forwar6 to working with your oiganizatwn. d&- Kr2a Nklj;kanovnr_ Director.Customer Success sproutsocial City of Corpus Christi 2/27/19 13 R F E Kit N T 1.O AGRE-ENI—ENT V_'.Llf� THRU Rus City of Corpus Christi 50 'Nccount t. j­: - Kim Womack 20 F:il : kimw@cctexas.com b-,i d. 20 SubscwAor,T _rri 12 months 2/27/18 Payrr.,zni Teems Due upon receipt PRODUCT OUANTITY MONTHLY RATE TOTAL Enterprise plan (10 users included) 1 $ 1,500.00 15 $ 1,275.00 5 Additional Profiles 0 $25.00 $ 0.00 5 Additional Brand Keywords 0 $ 25.00 $0.00 5 Additional Groups 0 $25.00 $0.00 $ 0.00 15%discount included Additional users can be added at$125/month which will be pro-rated $ 1,275.00 MONTHLY TOTAL for remainder of billing cycle Annual total $15,300 0� ACCEPI SC 0 AGENDA MEMORANDUM NagPopp`Eo Public Hearing/First Reading for the City Council Meeting of June 12, 2018 1852 Second Reading for the City Council Meeting of June 19, 2018 DATE: May 7, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department jayell@cctexas.com 361-826-3464 Espejo Helicopter Lease Agreement CAPTION: Ordinance authorizing a 17-month lease agreement with Espejo Helicopters, LLC for use of area of The Water's Edge Park located along Shoreline Blvd. near Kinney Street to conduct helicopter air tours with monthly rent payment of five percent of gross revenues. PURPOSE: To approve the lease of a certain area of The Water's Edge Park to Espejo Helicopters, LLC and authorize the city manager to execute documents. BACKGROUND AND FINDINGS: In 2017, Espejo Helicopters, LLC sent a letter asking for consideration for a landing site. In early 2018, the Director of Parks & Recreation did a test flight with the proposed operator, discussed site, flight route and operations. The agreement will be for approximately 17 months until end of the tourist season in October of 2019. The contract will be reviewed by the City at that time for consideration of a multi-year contract. ALTERNATIVES: Do not approve event agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements in conjunction with public events EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered/ Expended Amount This item 0 0 BALANCE 0 0 Fund(s): Comments: none RECOMMENDATION: Staff recommends approval of this agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with Exhibits Ordinance authorizing a 17-month lease agreement with Espejo Helicopters, LLC for use of area of The Water's Edge Park located along Shoreline Blvd. near Kinney Street to conduct helicopter air tours with monthly rent payment of five percent of gross revenues. Whereas, the City has received a request for use of portion of The Water's Edge Park located along Shoreline Blvd. near Kinney Street as a helicopter landing and take-off site for helicopter tours; and Whereas, prior to the use of park lands for non-park purposes, Chapter 26 of the Texas Parks and Wildlife Code requires the City to hold a public hearing to determine that there is no feasible and prudent alternative to the use of park lands; and Whereas, notices of the public hearing were published on May 20, May 27, and June 3, 2018 regarding a public hearing to be held during City Council meeting on June 12, 2018; NOW, THEREFORE, be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. That the City Council held a public hearing and carefully considered any and all clearly enunciated local preferences regarding proposed lease of portion of The Water's Edge Park for a helicopter landing and take off site. Section 2. That the City Council finds that there is no feasible and prudent alternative exists for this use of the park land after holding the public hearing and carefully considering all enunciated local preferences. In addition, the City Council finds that reasonable measures will be taken to protect the park land. Section 3. That the City Manager or designee is authorized to execute a 17-month agreement with Espejo Helicopters, LLC for use certain area of The Water's Edge Park located in Corpus Christi, Texas, to conduct its non-stop commercial helicopter air tours within 25 statute miles and to serve as its location for takeoff, landing, boarding and temporary business operations to provide recreational sightseeing tours. In consideration for use of the premises, Espejo Helicopters, LLC agrees to pay the City monthly rent as follows: Lessee shall pay City five percent of Gross Revenues. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor CORPUS CHRISTI PARKS& RECREATION Espej o Helicopters, LLC Council Presentation June 12, 2018 Contract Negotiations CHRISTI PARKS6 • Term: approximately 18 months ■ A multi-year agreement will be considered after the initial agreement is fulfilled • All approvals and considerations for park use will require approval from the Parks & Recreation Department Director. ■ Including high traffic restrictions • Rent: Five percent of Gross Revenues, due monthly O�pUS cyR i o. m IA� • • r CHRI STI U Y 14�_ Location CORPUS CHRISTI — PARKSS MU-7I-PUI SE N•S GWINPAR! C'.AGGNAL RSRKINGI CCLIRTS PAR{IRG LCT NF]tl�EWAtIlS 3LCE'S91�LflY R��.'I3tw IAYOLT ' Il.9FOUEl1ENC5 NE'.V PLAYG; JNC FCCG_RLE-A.VO —%''GIGEV:A._K RE—Cl.�1.-ET. '�PECIR_E•:El.��.^.PACE FAC•LR.=^, HEW AOL-TFTIMSART --- _ _�. 9HAt1E51RIlCR1RE _ x E PIFIA RELOCATED NLIV S�Y�/ HENORWB PAR{IR3lTRA-FIC .._ Y.•- .. , �G. .._. Y � � � -�.Q. Q - DOhTRCL e � � V r ,� t_iI i �`• i iL. _,..�1 ►i i i►�k i+�`fit.r a PARKIHGCONTROL NWONO COIRROL NEW REST�MS E�ECL4L ELEMIS SPACE fLMESVL �� PPIM IMPRilVEAfEM91 DECK VON—ti SIGNAGE —El— SH]REDNE WRClJ9BRS PARI(ING fTRIFFIC LAN'ER lLhYCGCAPE OOGFMK INFTiOLE1.ElRS 1'LTFRYIO C COl1IFi9L a 1LIPRGYII£NT4 WRH 3HAOE �PIAMER31 QlOI MGONIRl1CfWFRALT) PEDESIRLWAREA ... WlFOCOTFUCK SYAT0.YIS _. 1�. I 4 Location CORPUS �t CHRISTI PARK t the �- WATEWSEDGE `Oapus CyR11 O 11 Site Safety Plan J CHRISTI Gate Keeper Passenger Loader � ;� j 3' 11.�&Services CORPUS CHRISTI PARK `' '` ' • Tourist/Visitor Sightseeing Flights • Beach Rides „ .� , • Night Flights 4 " " "~ • y Cattle Work z Pipeline / Powerline Patrols • Wildlife Surveys • Special Events CORPUS a CHRISTI PARKSS Questions? I A > I -mum /� a c its 4 Gate Keeper Passenger Loader , r A f - � f c ° ' ` ! f � ' d F COME SEE THE-CITY LIKE WE DO. - Y �4 SEE IT DIFFERENTLY. I BOOK YOUR TOUR BY CALLING US AT:361.500.4981 ""'� Espejohelicopters.com Qo 1 6 ` 414 o _. .° A PICTU ORTH 1,000 LIKES SEE IT DIFFERENTLY. S' K YOUR TOUR BY CALLING US AT:361.500.A981 ° Espejohelicoplers.com 0 i 0 M M M M M M M M M M ■ 30 28 26 y 24 22 / 20 f /m RFUS CHRIST/ 8,4�� Y "A ,6 14 F 12 GULF OF MEXICO 10 i B9-LANDING ZONE FOR ALL TOURS , 27'470$.6°N 97'23'38.4"W 8 ,.. i H28-BAY TOUR PERIMETER 27°52'45.1•N 97°17'51.2°W 6 1 � S14-BEACH TOUR PERIMETER 27°44'14.8"N 47107155.41YJ •Z28-LYDIA ANNE LIGHTHOUSE OPTION 27151149.5`N 97103124.2"W 4 ESPEJ0 ,11Tours beginning at$80 per passenger E3 Ages 3 years and up 2 I!ELlCOF'TEF25 Customized tours available. CALL 361.500.4981 _ We offer a variety of helicopter services, Espejohelicopters.com I IIn a Call for more information. ME M B © D M F M H J L N • P e R TVX Z . DO N T B i.sc• __= ._ .. .ik"`'}}S1 ))�`yr I rlf . 11 I( 1 r' fr4% ij3 rr At 6rl&:s°."n" " T{lr .f ,. I .��'a+?.t r r39� ''7�';;f�i �:� ,Sd � f r �� �.d• rr � �.r� �i.'b{p�j� ��-.�I rr , ,• ' � r f r r yaYf r x / f,. �}a � }/ �Y� �f f'+P� q •'�:. r/r114 F. r I 1l! /r yrfrl �fl r ,fir ° ( ,• �l �r�� (/�1 iI�F i�f lj,�!1 �� A � �� '�� F • - • • - •• - • ••• s • • - - - • I. - • • • •- • ••• • • -• • ••. • I I � ' I • - - a - � I I • • :' I AIR TOURS t _ 1,4 tW TI I .•'ia-.r -•rN J- N DAYS OF OPERATION ESPEJO p WEDNESDAY - SUNDAY � HELICOPTIE-1 Waters Edge Park, Corpus Christi, TX 78401 27047'08,6"N 9723'38.4"W CALL WEB 361.500.4981 ESPEJOHELICOPTERS.COM Ifni O 1 LEASE AGREEMENT WITH ESPEJO HELICOPTERS, LLC REGARDING USE OF AREA OUT OF THE WATER'S EDGE PARK FOR RECREATIONAL SIGHTSEEING TOURS THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, Espejo Helicopters, LLC ("Lessee") desires to use certain area of The Water's Edge Park located in Corpus Christi, Texas, to conduct its non-stop commercial helicopter air tours within 25 statute miles and to serve as its location for takeoff, landing, boarding and temporary business operations to provide recreational sightseeing tours; WHEREAS, Espejo Helicopters, LLC has been issued Letter of Authorization by the Federal Aviation Administration effective August 30, 2017, to conduct commercial air tour operations under 14 CFR Section 91.147, and a copy of said Letter of Authorization is attached as Exhibit A; NOW, THEREFORE, the City, and Lessee agree as follows: Section 1. Premises. The City leases the use of Premises described herein to Lessee, under the terms and conditions contained herein. Section 2. Definitions. Whenever used in this Lease, the following terms shall have the meanings ascribed to them as set forth in this paragraph, to wit: A. City shall mean the City of Corpus Christi, a Texas home-rule municipal corporation. B. City Manager shall mean the City Manager of the City, or City Manager's designee. C. Director shall mean the City of Corpus Christi Director of Parks and Recreation or designee. D. Effective Date shall mean May 18, , 2018 or date of final City approval, whichever ever occurs last. E. Gross Revenues shall mean the total amount of money or the value of any other considerations received by Licensee or by Licensee's officers, agents, employees, invitees, or subcontractors, for any purpose related to use of Premises, including but not limited to, ride fare and merchandise sales. F. Improvements shall mean any construction at the Premises by Lessee or Lessee's contractor. G. Lease or Agreement shall mean this document as executed by both parties. 2 H. Lessee shall mean Espejo Helicopters, LLC, a Texas limited liability corporation. I. Premises shall mean a tract or parcel of land approximate acreage of ---------- acres as shown on the attached Exhibit B, which includes use of the gazebo on the Premises. Lessee agrees to provide the metes and bounds exhibit to be attached as Exhibit B. Section 3. Purpose. The purpose of this Agreement is for Lessee to construct and operate and maintain, at its sole responsibility and sole expense, a helicopter takeoff and landing facility constructed and operated by Lessee in accordance with applicable Federal, State and local laws and regulations, to be located at the Premises, for sole use by Lessee to conduct recreational sightseeing tours. In addition, may utilize the Premises for temporary business operations including sale of the following types of related merchandise: hats, T-shirts and souvenirs. Any other uses by Lessee are prohibited. Section 4. Term. This Agreement shall commence on the Effective Date and continues until October 31, 2019 unless earlier terminated as herein provided. Section 5. Preparation for the Premises. A. Lessee's site plan for the Premises is attached as Exhibit C. S. Lessee is responsible to ensure that its use of the Premises is conducted in accordance with all applicable Federal, State, and Local laws, ordinances and regulations, including but not limited to all applicable Federal Aviation Administration ("FAA") regulations such as FAA Advisory Circular AC No: 15015390-2C, Heliport Design, and Federal Aviation Regulation Part 157, Notice of Construction, Alteration, Activation, and Deactivation of Airport. C. Lessee shall not construct nor install any improvements at the Premises other than a temporary fence to be installed and removed in accordance with the following procedure: No digging shall occur at the Premises. The temporary fencing will be installed as follows: D. Prior to commencing any such construction, the Lessee shall provide insurance as required by Exhibit D. E. Lessee shall be solely responsible to ensure that its use at the Premises is in compliance with all applicable Federal, State, and local laws and regulations, including City building codes and zoning regulations. 3 F. Lessee shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Lessee as such obligations mature. Lessee expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the City's property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or Improvements thereon, and Lessee shall discharge any such lien within thirty (30) days after notice of filing thereof. G. During the preparation of the Premises for this Agreement, , City's duly authorized representative may enter upon the Premises and make such inspections as City deems reasonably necessary. H. Lessee shall be responsible to obtain all required City permits including but not limited to traffic, building and construction permits. I. Prior to any flights from or to the Premises, Lessee is solely responsible to obtain and maintain all required Federal, State, and Local permits concerning the operations at the Premises, including but not limited to the following: i) Vertical Take Off and Landing ("VTOL") Aircraft Operating Permit issued by the City of Corpus Christi in form as shown in attached and incorporated Exhibit E; and ii) Federal Aviation Administration ("FAA") notice of approval in response to Lessee's submittal of FAA Form 7480 Notice of Landing Area Proposal and FAA Form 5010. J. Lessee must maintain all permits required to conduct flights from and to the Premises. Lessee shall immediately notify the Director of Parks and Recreation of any disputes or issues regarding status of any permits. Lessee shall provide the Director of Parks and Recreation with a copy of all required permits prior to Lessee's use of the Premises. Section 6. Operations at the Premises A. Lessee's sole use of the Premises is to serve as Lessee's location for its takeoff, landing, boarding and temporary business operations to conduct non-stop recreational sightseeing air tours within 25 statute miles. . Hours of operation are limited to 30 minutes before sunrise to 30 minutes after sunset. Any FAA changes to the Lessee's Certificate of Authorization may require alteration to the Lessee's use of the Premises with notification to Director. B. All aircraft used the Premises shall be property of Lessee or leased to Lessee with current inspections issued by the Federal Aviation Administration. C. Each pilot landing at or taking off from the Premises shall be employee of Lessee, with a current commercial pilot license issued by the Federal Aviation Administration. 4 D, Lessee shall consult with Director to identify its hours of operation. Lessee agrees to not operate from the Premises during scheduled Special Events nor during any other dates identified by the Director. For purposes of this agreement, a "scheduled Special Event" is any event authorized under City permit or lease that may require temporary use of the Premises. During times when the Premises is not available due to scheduled Special Event, Director will attempt to identify another temporary suitable location for the Licensee's use that meets the Federal, State, and Local laws, ordinances and regulations. E. Lessee shall conduct all activities in accordance with all applicable Federal, State, Local laws, ordinances and regulations_ F. Lessee assumes full and sole responsibility to ensure that Lessee's planned activities can be conducted by Lessee at the Premises pursuant to all applicable Federal, State, and Local laws, codes and regulations. City disclaims any warranty regarding Lessee's intended use of the Premises. G. Lessee shall be solely responsible to obtain and maintain all required Federal, State, and Local permits concerning the operations at the Premises, including but not limited to, any permits required by City Ordinance such as the attached Exhibit E. Lessee must provide the Director with a copy of the approved VTOL Permit as described in Exhibit E. H. Lessee is solely and exclusively responsible for all its activities on the Premises. The City has no responsibility for safety or any activity on the Premises. Lessee is solely responsible for safety of all of Lessee's activities on or off the Premises. I. Lessee must maintain and keep the Premises including Improvements in good condition however City agrees to mow the Premises. Lessee agrees to: (1) Lessee shall pick up and properly dispose of litter on daily basis. (2) Lessee shall keep the Premises (including any buildings, temporary or permanent) clean, sanitary, operational and in good repair, including but not limited to cleaning and maintaining interior and exterior of any building(s) at the Premises. (3) Lessee must immediately report any vandalism to the Parks Director or designee and Corpus Christi Police Department. City is not responsible to repair or replace any damages to the Property or Improvements. J. Utilities. City will be responsible for utilities at the Premises. K. Fueling and aircraft/vehicle maintenance are prohibited at the Premises. All activities at the Premises must be consistent with City zoning regulations. L. City agrees to provide Lessee with wording to be used by Lessee when Lessee conducts City bayfront tours or any other aerial tours of City property. 5 Section 7. Consideration, Financial Records and Audit A. As consideration for use of the Premises, Lessee agrees to pay the City monthly rent as follows: Lessee shall pay City five percent of Gross Revenues. B. All payments are due by the tenth of each month, to be paid to the address as directed by the City Director of Parks and Recreation. Late payments accrue interest at rate of ten percent per month from the date the payment became due. C. Lessee must maintain all financial records and receipts for at least five (5) years from the expiration of this Agreement. City has right to inspect and audit financial records of Lessee during regular business hours. Financial records include but it not limited to, all documents related to the conduct of the operations, such as general ledgers, accounts receivables and payables, sales journals, inventory records, daily and periodic summary reports, cash register and computer terminal tapes, bank deposit slips, bank statements, tax reports to the State and Federal agencies, and receipts. D. Lessee must furnish City Director with monthly statements of Gross Revenues, certified by an authorized officer of Lessee, in accordance with generally accepted accounting principles and procedures, and in a form approved by the City Director of Financial Services. E. As additional consideration, Lessee agrees to provide up to two rides a year, at no cost, to be used for official City purposes such as updating aerial photographs of the Bayfront or other City properties. Section 8. Damage or Destruction In the event of damage or destruction to the Improvements or Leased Premises, City shall have no obligation to repair or rebuild the Improvements or Leased Premises or any fixtures, equipment or other personal property installed by Lessee, but City shall attempt to identify another suitable location for Lessee's use. If such damage or destruction renders the Improvements or Premises unusable or unsafe as determined by the City Manager in the City Manager's sole discretion, then upon City Manager's written notice to Lessee, this Agreement terminates immediately without penalty to the City. Section 9. Termination. In addition to provisions set forth elsewhere in this Agreement, the Agreement may be terminated as follows: (A) If there is noncompliance with one or more of the provisions contained herein, the City Director of Parks and Recreation may give Lessee written notice to cure or begin curing the default(s) within thirty (30) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the City Director of Parks and Recreation within thirty 6 (30) days of receiving said notice, or if such noncompliance reasonably requires additional time if Lessee is not proceeding diligently with curing the default(s), the City Manager may terminate this Agreement for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. A Either City Manager or Lessee may terminate this Agreement without cause and without penalty at any time by giving thirty (30) days written notice to the non-terminating party. (C) In the event any permit issued to Lessee is expired or cancelled, this Lease automatically terminates without any further action of the City and Lessee must cease all operations at the Premises. Lessee may request and obtain reinstatement of this Agreement upon evidence of current permit status with written permission of the City Director of Parks and Recreation. Section 10. Surrender. Upon termination of this Agreement, Lessee shall return the Premises to City in as good condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any personal property remaining at the Premises at the termination of this Agreement may be removed and disposed by the City, with costs of removal and disposal to be paid by Lessee within 30 days of receipt of invoice. Section 11. Alterations. Lessee may not make any alterations, additions or improvements, to, in or about the Premises without prior written consent of the Parks Director. All approved alterations, improvements, and additions made by Lessee upon the Leased Premises, although at Lessee's expense, shall become the property of the City in fee simple without any other action or process of law at the end of this Agreement. Section 12 Tax. Lessee shall be responsible for timely payment of all taxes, special assessments, or levies, if any, assessed during the term of this Agreement, against or relating to this Agreement, the Premises or Improvements, including ad valorem taxes pursuant to the Texas Property Tax Code, throughout term of this Agreement. Lessee shall be responsible to timely collect and remit any applicable sales taxes. Lessee must provide proof of payment upon request of Parks Director. Section 13. Assignment and Subleasing. Lessee must not assign, encumber or sublease this Agreement, without prior written consent of the City Manager. Any attempted assignment or sublet without prior written consent renders this Agreement void. 7 Section 14. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. Lessee shall provide the Director at least 30 days to consider Lessee's requested signage. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Agreement. Section 15. Advertising. The Director has the right to prohibit any advertising by Lessee which impairs the reputation of the Premises or the City. Section 16. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Agreement. Section 17. Inspection. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Agreement. If an inspection reveals that maintenance is not being properly carried out, the Director, or his designee, may provide written notice to Lessee demanding compliance. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10%) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Agreement. Alternatively, the City may elect to terminate this Agreement after ten (10) days written notice to Lessee. Section 18. Non-Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. shall be responsible to ensure that all passengers comply with applicable safety precautions established by the helicopter manufacturer. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government permits,8 laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Agreement. This Agreement is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Agreement will be brought in Nueces County where this Agreement was executed and will be performed. (C) Lessee shall immediately provide Parks Director with copy of any claim or notice of violation received from any Federal, State or local government agency. Section 20. Costs. Noncompliance with the terms herein may result in termination of this Agreement and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. Indemnity. Lessee covenants to fully defend, indemnify, save, and hold harmless the City of Corpus Christi, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims), or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, (1) the existence, use, operation, maintenance, alteration, or repair of Premises; (2) Lessee's operations or use at or from the Premises; (3) the exercise of rights under this Agreement; (4) any act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business related to, the Premises, Lessee, or the Lessee's business at or from the Premises; (5) any act or omission, negligence or misconduct of any other person whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its 9 Improvements pursuant to this Agreement, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (5) due to any of the hazards associated with helicopter tours, as a spectator or participant, and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Agreement, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Agreement, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit F, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on ExhibitF constitutes grounds for termination of this Agreement. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit F, to the Director and Risk Management or designee prior to commencing use of the Premises under this Agreement. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Agreement, provide copies of all insurance policies to the City Manager or the Director upon written request.. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management. (F) Lessee owns all automobile vehicles used in its operations at the Premises. Lessee agrees to notify City Risk Manager prior to utilizing any hired, leased, rented or non-owned vehicles so that the insurance exhibit may be updated. 10 Section 23. Furniture, Fixtures and Eguipment. City has no responsibility to furnish any equipment or furnishings for Lessee. Parks Director retains right to approve all furnishings, and fixtures that may be installed in the Premises, prior to installation. At end of the Agreement, any property remaining on the Premises shall revert to the City for the City's use or disposal. Section 24. Director's Ri ht to Access Premises. Lessee shall provide Parks Director with keys to the Premises and a current contact list in event of emergency. Parks Director and designee have right to enter the Premises during regular hours of operation or at anytime in an emergency. Section 25. Appropriations. Lessee recognizes that the continuation of any expenditure by the City, after the close of any fiscal year of the City, shall be subject to appropriations and budget approval providing for such expense as an expenditure in said budget. The City does not represent that said budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. Section 26. Warranty of Title. City does not warrant its title to the Premises. This agreement and the rights and privileges granted Lessee in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Section 27. Notices. All notices, demands, requests, or replies provided for or permitted, under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; or, (3) by deposit with an overnight express delivery service, for which service has been prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. All such communications must only be made to the following: IF TO CITY IF TO LESSEE: City of Corpus Christi Espejo Helicopters, LLC Attn; Director of Park & Recreation Attn: President P. O. Box 9277 101 N. Shoreline Corpus Christi, TX 78469-9277 Corpus Christi, TX 78401 (361) 8801-3461 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. 11 Section 28. Amendments. No alterations, changes, or modifications of the terms of this Agreement nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. The City Manager is authorized to execute amendments which do not change the essential purpose of this Agreement. Section 29. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Agreement shall not be considered an estoppel against the City. It is expressly under- stood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Agreement on account of said default. Section 30. Force Ma'eure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of Gott or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 31. Acceptance of Premises.Disclaimer. A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS, AS MAY EXIST ON THE PREMISES, AND THAT NEITHER CITY NOR ANY EMPLOYEE OR AGENT OF THE CITY, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. Page 12 of 37 B. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO PUT THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. THIS LEASE IS SUBJECT TO ALL COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS AND OTHER MATTERS OF RECORD AND NOT OF RECORD APPLICABLE TO THE PREMISES. D. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE EFFECTIVE DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. E. LESSEE ASSUMES FULL RESPONSIBILITY AND COST TO OBTAIN NECESSARY ZONING AMENDMENT PRIOR TO LESSEE'S USE OF THE PREMISES F. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Agreement and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Agreement are for convenience only, are not a part of this Agreement, and do not in any way limit or amplify the terms and provisions of this Agreement. Section 34. Severability. Page 13 of 37 A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 35 Disclosure of Interests. Licensee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract- Licensee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Licensee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index Section 36. Com taint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any customer, participant or spectator has any complaints or concerns they may contact the City at 880-3461 and talk to the Parks Director, or designee. Executed in duplicate originals on the day of , 2018. ATTEST: CITY OF CORPUS CHRISTI By.- City y:City Secretary City Manager Page 14 of 37 LESSEE: By: Name- �0/405 _ e fes. Title: Date: �&/j alt , STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of Avvii , by J QMA4 as the OWN, /y for Espejo Helicopters, LLC, a Texas limited liability corporation, on behalf of the corporation.Notary Public, State of Texas: f jJ Printed Name: _ Gte. PW)A ev6 Dl(1 ava�e,, LANAE ANDERSON ix° Vin=Notary Put7)ic, Staie of Taxes Commission expires- ICS = y= 2�•. .:v, CQMM. Expires os•15-7027 ° OiH �, Notary )D 13724624 Page 15 of 37 Exhibit A U.S.Department of Transportation 14 CFR Part 91 Operations Federal Aviation Administration Letter of Authorization Sgmrnary-of Authorizations The operator,in accordance with the reference documents,is authorized to: Reference Paragraphs Conduct commercial air tour operatiom under 14 CFR Section 91.147, A049 HQ cont,ot. 0$/31/2004 HQ Revision- 000 This Waiver or Authorization is Issued by the Federal Aviation Administration and approved by direction of the Administrator. Digitally signed by Randolph P Loveless,Manager(SW17) > :[1]EFFECTIVE DATE.31.30:2017,[2]A-MEN1 16MENT#:0 DATE:2017.08.30 09:48:20-05:00 1 hereby accept and receive this Waiver or Authorization. � s Ga `,Thomas A.,Jr_,Resp Pers-Air Tours Bus.tvi-nt Date Espejo Helicopters A004--1 Part 91 ID No.:TZBJSW17 Arndt.No.: 0 Page 16 of 37 Exhibit A cont. U.S. Department of Transportation 14 CFR Part 911 Operations Federal Aviation Administration Letter of Authorization Commercial Air Tour Operations Authorization and Antiiiruu and Alcohol Misuse Prevention Program Registration 1. The operator, Espejo Helicopters,that is documented at the end of this Letter of Authorization (LOA);is authorized to conduct commercial air tour operations under Title 14 Code of Federal Regulations(CFR)Section 91.147 in.accordance with the limitations and provisions of this LOA and is subject to the condition that all operations are conducted within the applicable airspace. The operator is authorized to use only the business name which appears in subparagraph I.,above,to conduct the commercial air tour operations described in this authorization. ? Authorized Aircraft.The aircraft used for Section 91.147 commercial air tour operations are listed in Table 1 below: "I'abie l—Aircraft Authorized for Commercial Air Tour Operations Under Section 41.147 Aircraft MAWS Aircraft Registration No. R-44-44 id8g3Ph3 3. The commercial air tour operator has the.following agreements with other parts of the FAA including air traffic or associations outside of the FAA_ The documentation of these agreements below does not imply nor require that the agreements are authorized by the Flight Standards principal inspector.(If there are no agreements,enter NIA in Table 2.) Table 2-Agreements with tither Parts of the FAA or Associations outside ofthe FAA Kind of or Description of Agreement I FAA or other Association ;A N!A 4. Antidrug and Alcohol Misuse Prevention Program Registration. The operator certifies that it will comply with the requirements of 14 CFR Part I20 and 49 CFR Part 40 for its Antidrug Testing and Alcohol Misuse Prevention program. Antidrug and Alcohol.Misuse Prevention Program records are maintained and available for inspection by the FAA's Drug Abatement Compliance and Enforcement Inspectors at the location listed in Table 3 below(This should be the compai y location where the DrugAbaiement Compliance and Enforcement Inspectors will conduct the inspection and not the consortiatrrr, lab, or third party administrator): Table 3-Registration and Record Location for the Antidrug and Alcohol Misuse Prevention Program Registration Location of Antidrug and Alcohol Misuse Telephone Number: Prevention Program Records: Espejo Helicopters A049-1 Part 91 ID No.:J2$JSW17 Arndt_No.: 0 Page 17 of 37 Exhibit A cont. of Traneportationt 14 CFR Part 91 Operations Federal Aviation Administration Address: Analytical Testing (361)289-8222 Address. 2204 north Padre lsiund Drive STE 0 city, Corpus Christi Stater TX Zip code:78408 (a) ;ill.-uitidrug and Alcohol Misuse PrexTrition Program inspections,,guidance and enforcement activitv will be conducted exclusively by the Drug Abatement Division of the FAA, All questions regarding this program should be directed to the Drag Abatement Division_ (b) The operator trust implement its Antidrug and Alcohol Misuse Prevention Program fully in accordance with 14 CFR,Part 120 and 49 CFR Part 40. (c) The operator is responsible for ensuri_�g that its contractors who perform safety-sensitive v,,ork for the operator are subject to an Antidrug and Alcohol Misuse Prevention Program. (d) The operator is responsible for updating this registration when any of the following changes Qccur: (1) Location or phone number where the Antidrug and Alcohol Misuse Prevention Records are kept. (2) If the operator's number of safety-sensitive employees goes to 50 and above,or falls below 50 safery-sensitive employees. (e) The operator with 50 or more employees performing a safety-sensitive function on January 1 of the calendar year roust submit an annual report to the Drug Abatement Division of the FAA. The operator with fewer than 50 employees performing a safety-sensitive function on January 1 of any calendar year trust submit an annual report upon request of the Adrninistrato;as specified in the regulations. (fj The operator has fewer than 50 safety-sensitive employees. 5. Responsible Person. The Responsible Person for commercial air tour operations may be either an agent for service(who roast be a D.S.citizen)or a person who accepts responsibility for complying with the stated regulations by signing this document. (a) if the Responsible Person signing this LOA relinquishes responsibility,this LOA becomes invalid. (b) Enter the name,a mail address,and telephone nurnber in Table 4 of the person responsible for the management of the business and the person responsible for the aircraft maintenance. Table 4-Res pztsibleParsnns Name Responsibility -mail Address3 eiepltone Rutter Wade,Bryan C_ Aircraft Maintenance czlebCaespejohelicrpters.com 575-302-0386 Espejo Helicopters A049-2 Parc 91 ID No.:JZBJSWl7 Arndt.No.: 0 Page 18 of 37 Exhibit A cont. u_ . Department T of Transportation 14 CFR part 91 Operations Federal Aviation Administration Name Responsibility E-mail:address Telephone Number ate5,T omas A.,lr. huslncss ranagementtgate5 7?a�gmal.Coll) 17-2L x7 6. If the operator conducts ovel-fiights of National Parks andior Abutting Tribal Lands in its commercial air tour operations per 14 CFR Section 136.37 that requires specific authorization, LOAIOpSpec B057 must also be issued. HQ Control: 07/1712009 HQ Revision: 01a This Waiver or Authorization is Issued by the Federal Aviation Administration and approved by direction of the Administrator. Digitally signed by Randolph P Loveless,`Manager(SW 17) [l1 EFFECTIVE DATE:8!30,2017.. [21 AMENDMENT 9:0 ; .. DATE:2017.08.30 09:49:33-05:00 i I hereby accept and receive this Waiver or�Authorization. f7 Gates Thomas A.,Jr.,Resp Pers.Air Tours Bus.Mini Date Espejo Helicopters A049-3 Part 91 ID No.:JZBJSW 17 Arndt.No.: 0 is F ! 1 f, Is u ■ y i w r .a f@ e Temporary Business Operation Page 21 of 37 EXHIBIT D INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A_ Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Engineering, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence I. Commercial Broad Form $1,000,000 Aggregate 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 UMBRELLA/EXCESS LIABILITY $1,000,000 Per Occurrence WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 22 of 37 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 an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 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 a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk 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 fallowing required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty(30)calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (S) calendar days of a suspension, cancellation., or non-renewal 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 Page 23 of 37 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, 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 agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2018 Insurance Requirements Legal Dept. - Construct, Operate and Maintain a Helicopter Takeoff and Landing Facility Water's Edge Bayfront Park—Old City Hall Site 01/22/2018 sw Risk Management Revised 3/27/2018 Page 24 of 37 EXHIBIT E CORPUS CHRISTI INTERNATIONAL AIRPORT CITY OF CORPUS CHRISTI Application for VTOL Aircraft Operating Permit For the consideration of this operating permit I agree to waive all claims against the City of Corpus Christi, the Department of Aviation, and their officers, agents or representatives for any property damage or personal injuries of any kind, including those caused by negligence, which may occur during the operation of the aircraft listed below from the proposed operating base. The Corpus Christi International Airport and the City of Corpus Christi do not maintain and inspect any areas outside of the Air Operations Area of the Corpus Christi International Airport to FAR Part 139 standards. I hereby acknowledge that I have coordinated the operation of the VTOL aircraft with the FAA Air Traffic Control Tower and that the aircraft will be operated in compliance with applicable FAA regulations. I hereby release and agree to indemnify and hold harmless the City, Department of Aviation, and its officers, agents or representatives from any and all action, causes of actions, claims, demands, costs or damages arising from or resulting from property damage arising from or resulting from property damage, personal injuries or death which may occur during the operation of the above aircraft. In accordance with chapter 9 of the City of Corpus Christi Code of Ordinances the following individual/organizational entity herein applies for VTOL Aircraft Operating Permit: 1. Name/DBA: Espejo Helicopters, LLC 2. Name of Principle Owner/Operator: Thomas A. Gates, Jr. 3. Address: 101 N. Shoreline Blvd., Ste. 400 Corpus Christi, TX 78401 4. Telephone: 361-500-4981 5. Date and Time of VTOL Aircraft Operation: 6. Location of Proposed VTOL Aircraft Operation: 7. Approach and Departure Paths: 8. Applicant's Coordination with Air Traffic Control: Page 25 of 37 9. Applicant's Security Plan: 10. Fueling Plan: 11. Proof of Insurance: 12. Purpose of VTOL Aircraft Operation: Signature of Applicant Date I have reviewed the above Application for VTOL Aircraft Operating Permit and approve deny the permit for the period of Signature of Airport Director Date Reason for Denial: Page 26 of 37 EXHIBIT F LESSEE'S INSURANCE TO CONDUCT ITS OPERATIONS AT THE PREMISES 2 STARR CO41PAN IFi !zs�i.x,rs�ez:xassvcx: 3353 Peachtree Road NE.Suite 10M Atlanta,GA 30328 Certificate of Insurance Certificate Holder: CITY OF CORPUS CHRISTI ATTN_ RISK MANAGER P.O. BOX 9277 CORNUS CHRISTI,TX 78469--9277 Named Insured: ESPEJO HELICOPTERS, LLC 101 N. SHORELINE PLVP SUITE 400 CORPUS CHRISTI TX 78401 Policy Period: From MAY 7, 2017 To MAY 7, 2018 Policy Number: 1000318556-02 Issuing Company: STARR INDEMNITY &LIABILITY COMPANY This is to certify that the policy(iesl listed herein,have been issued providing coYeralle for the listed insured as further described. This certificate of,insurarsce is not an insurance and does not amend,extend,or after the coverage afforded by Ilse polioyy(iesl fisted herein. Notwithstanding any requirement,term or=liars of any contract,or other document with respect to which this cer6frcate of insurance rrl be cog.noerned or may pertain,the Insurance afforded By the policAies)listed on this catty c*e is subject to all the terms.exclusions, Aviation Commercial General Liability Limits of Insurance Each Occurrence Limit 11 5.000,000. Damage to PrerYiiaes Rented to You Limit $ 100,OW- Any one premises Medical Expense Limit S 3,000. Any one person Personal&Advertising Injury Aggregate Limit $ 5.000,000. General Aggregate Limit 0 51000,000, ProductslCornpleted Operations Aggregate Limit $ 51000.000. Hangarkeepers Limit Each Aircraft Limit t NOT COVERED Each Loss Limit $ NOT COVERED Hangarkeeper's Deductible $ NOT APPLICABLE Each Aircraft FOR FURTHER INFORMATION SEE STARR FORMS 10060. 10466 AND 10134. THE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED AS RESPECTS THE OPERATIONS OF THE NAMED INSURED. THE CERTIFICATE HOLDER IS PROVIDED A WAIVER OF SUBROGATION AS RESPECTS THE ABOVE REFERENCED AIRCRAFT. THE INSURANCE EVIDENCED TO THE CERTIFICATE HOLDER BY THIS CERTIFICATE OF INSURANCE IS PRIMARY AND NON CONTRIBUTORY TO ANY OTHER INSURANCE AVAILABLE TO THE CERTIFICATE HOLDER. THE COMPANY AGREES TO PROVIDE THE CERTIFICATE HOLDER WITH THIRTY (30) DAYS [TEN (10) DAYS IF FOR NON-PAYMENT OF PREMIUM] NOTICE OF CANCELLATION IF MADE BY THE COMPANY. Certificate Number. 3.1 Issued By and[Gate: MARCH_ 9. 2018 (CC) By Starr 10058 (6106) F (AUMrized Representative) Page 27 of 37 ADDITIONAL,INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Persons or pr anization s CITY OF CORPUS CHRISTI ATTN: RISK MANAGER P_O. BOX 9277 CORPUS CHRISTI, TX 78469-9277 information required to complete this Schedule, if not shown above. will be Shown in the Declarations, SECTION! II - WHO IS AN INSURED is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury". "property damage" or 'personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting an your behalf: A. In the performance of your ongoing operations,or S. In connection with your premises owned by or rented to you. All other provisions of this policy remain the Same_ This endorsement becomes effective MARCH 8, 2018. to be attached to and hereby made a part of: Policy No. 1000318566-02 Issued to ESPEJO HELICOPTERS, LLC By STARR INDEMNITY & LIABILITY COMPANY Endorsement No, 22 — Date of Issue MARCH 9, 2018 JCQ By 411-9— (Authorized Representative) Starr 10060 (2106) Page 28 of 37 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This policy is amended as follows: With the respect to the following scheduled persons or organization,, all coverages shall be primary and non-cantributory with respect to any other insurance policies geld by the following scheduled persons or organizations. Schedule: CITY OF CORPUS CHRISTI ATTN: RISK MANAGER P.O_ BOX 9277 CORPUS CHRISTI.TX 78469-9277 All other provisions of this policy remain the same. This endorsement becomes effective MARCH 8. 20183 Xo be attached to and hereby made a part of: Policy Na. 1000316364-03 Issued to ESPEJO HELICOPTERS LLC By STARR INDEMNITY& LIABILITY COMPANY Endorsement No. 24 Gate of Issue ItiAARCB-1 9, 2018 (CC) By (Authorized Representative) Starr 10466 W07i Page 29 of 37 41 STARR r rrASTV" 3353 PeachRoad NE.Suite JOW #tlartia,GA 313328 Certificate of Insurance Certificate Holder: CITY OF CORPUS CHRISTI ATTN: RISK MANAGER P.O. BOX 9277 CORPUS CHRISTI TX 7$469-9277 Named Insured: ESPE.JO HELICOPTERS. LLC 101 N. SHORELINE BLVD p�/,��.UITE 400 CORPUS CHRISTI, TX 78401 Policy Period: From APRIL 17 2017 To APRIL 17, 2018 Policy Number: 1000316364.03 Issuing Company: STARR INDEMNITY 8s LIABILITY COMPANY is is too at apo ocy res eresn ave n issu pra Ing coveragr tor a hst insuredas r +s certificate of insurance is oat an insurance policy and does oat amend,extend,or alter Rfa coverage afforded by the poticy�Vies)listed herein. !Notwithstanding any requirement,term or condition of any co or other document with respect to=this certi�Cate of insurance ma be concerned or may.pertain,the Insurance afforded by the sglies)listed on this certificate is subject to all the terms,exciuseons. Q'llndition%of such Aircraft: Reg Deductibles Year Make and Model No Insured Value NIM I IM Liability 2001 ROBINSON R44 RAVEN N883PM$320,000. 100015% $1.000,000. CSL INCLUDING PAX 2010 ROBINSON R22 BETA II N122CH 5209.600. 100015°0 911000=0. CSL INCLUDING PAX 2008 ROBINSON R44 N759K t27Q,Q0Q, 1000is% S1rOtXJ.000. C`-+L INCLUDING PAX J v Y FOR FURTHER INFORMATION SEE ATTACHED STARR FORM 10284, 10277 AND 104€6. THE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED AS RESPECTS THE OPERATIONS OF THE ABOVE REFERENCED AIRCRAFT_ THE CERTIFICATE HOLDER IS PROVIDED A WAIVER OF SUBROGATION AS RESPECTS THE ABOVE REFERENCED AIRCRAFT- THE INSURANCE EVIDENCED TO THE CERTIFICATE HOLDER BY THIS CERTIFICATE OF INSURANCE IS PRIMARY AND NON CONTRIBUTORY TO ANY OTHER INSURANCE AVAILABLE TO THE CERTIFICATE HOLDER. THE CERTIFICATE HOLDER WILL BE PROVIDED WITH THIRTY (30) DAYS[TEN 110) DAYS IF FOR NON-PAYMENT OF PREMIUM)NOTICE OF CANCELLATION OR MATERIAL CHANGE. Certificate Number: 5.1 Issued By and Date: MARCH 9, 2018 ICC1 BY Starr 10200 (6/06) ( arized Representative) Page 30 of 37 WAIVER OF SUBROGATION In consideration of additional premium of $ INCLUDED . this policy is amended as follows: The Company hereby waives its right of subrogation against the following provided,however, that this waiver shall not prejudice the Company's right of recourse for damages arising from the design, manufacture, modification repair, sale or servicing of the aircraft by the following: This Waiver of Subrogation shall apply_ ONLY AS RESPECTS TO LOSS OR DAMAGES ARISING UNDER PHYSICAL DAMAGE COVERAGES AS SET FORTH UNDER THIS POLICY. CITY SOF CORPUS CHRISTI ATTN: RISK MANAGER P.O. BOX 9277 CORPUS CHRISTI,TX 78465'9277 All other provisions of this policy remain the same. This endorsement becomes effective MARCH 8. 2018 to be attached to and hereby made a part of: Policy No, 1000316364-03 Issued to ESPEJO HELICOPTERS, LLG By STARR INDEMNITY&LIABILITY COMPANY Endorsement Nes. 23 Date of Issue_ MARCH S, 2018)CC) BY (Authorized Representative) Starr 10277 (3106) Page 31 of 37 ADDITIONAL INSURED ENDORSEMENT This,policy is amended as follow,: The provisions of this endorsement shall apply with respect to: ALL SCHEDULER AIRCRAFT. {Only the clause(s)indicated by an "X" shall apply,) ❑ The scheduled persons or organizations are included as additional insured. The scheduled persons or organizations are the registered owner of and are included as additional insured_ The scheduled persons or organizations are included as additional insured but only as respects liability coverages. The scheduled persons or organizations are included as additional insured under liability coverages, but only as respects operations of the named insured. ❑ The scheduled person::or organizations are included as additional insured but only as respects operations of the named insured. The insurance extended by this endorsement shall not apply to, and no person or organization named in the schedule shall be insured for bodily injury or property damage :which afises from the design, manufacture. modification, repair, sale. or servicing of aircraft by that person or organization. Schedule: Name CITY OF CORPUS CHRISTI Address ATTN: RISK MANAGER P-O. BOX 9277 CORPUS CHRISTI, TX 78469-9277 Name Address Name Address All other provisions of this policy remain the same. This endorsement becomes effective__ MARCH 8, 2018 to be attached to and hereby made a part of: Policy No, 1000316364-03 Issued to ESPEJO HELICOPTERS LLC By STARR INDEMNITY & LIA131LITY COMPANY Endorsement No. 22 Date of Issue MARCH 9. 2418 (CC) By� •����!-�^ (AULhQnzed tiepresentatdve) Starr 10234(3106) Page 32 of 37 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This policy is amended as follows: With the respect to the fallowing scheduled persons or organizations, all coverages shall be primary( and non-contributory with respect to any other Insurance poftcles held by the following scheduled persais or organizations. Schedule: CITY OF CORPUS CHRISTI ATTN:RISK MANAGER P.O_ BOX 9277 CORPUS CHRISTI,TX 78469-9277 All other provisions of this policy remain the same. This endorsement becomes effective MARCH 8, 2018 to be attached to and hereby made a part of: Policy No. 1000318556-02 Issued to _E-SPEJO HELICDPTERS.LLC By STARR INDEMNITY& LIABILITY COMPANY Endorsement No. 23 Date of Issue MARCH_9, 2018{CC} 8y— (Authorized Representative) Starr 10466(6107) Page 33 of 37 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: CITY OF CORPUS CHRISTI ATTN. RISK MANAGER P.O. BOX 9277 CORPUS CHRISTI,TX 78469-9277 (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Ot Recovery Against Others To Us Condition {SECTION IV •COMMERCIAL GENERAL LIABILITY COfl DffIOfNSI is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we male for injury or damage arising out of your ongoing operations or "your work" done under a contract with that pefson or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. All other provisions of this policy remain the same. This endorsement becomes effective MARCH 8. 2018 to be attached to and hereby made a part of: Policy No. __IQpp318556-02 Issued to ESPI_JO HELICOPTERS, LLC _ By STARR INDEMNITY & LIABILITY COMPANY Endorsement No_ 24 Bate of Issue MARCH 9. 2018(CC) By (Authorized Representative) Starr 10 134(21106) Page 34 of 37 AMENDMENT OF LIMITS OF INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits of Insurance General Aggregate Limit $ ProductsiCompieted Operations Aggregate Limit S. 5,000,OOtI. "Personal and Advertising Injury" Aggregate Limit S 5,000,000, Each "Occurrence" Limit S Damage To Premises Rented To You Limit --__- _ Any one Premises Medical Expense Limit w Any one person Hangarkeeper's Liability Coverage Each "Aircraft" Limit Each "Loss" Limit Hangarkeeper's Deductible v Each "aircraft" (If no entry appears above, information rewired to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The limits of insurance shown in the Declarations are replaced by the limits designated in the Schedule or in the Declarations as subject to this endorsement with respect to which an entry is made. IT IS AGREED THAT FOR AN ADDITIONAL PREMIUM OF $157.00 PRODUCTSiCOMPLETED OPERATIONS AND PERSONAL INJURY COVERAGES SHALL BE ADDED AS RESPECTS THE CONTREACT WITH THE CITY OF CORPUS CHRISTI ONLY. All other provisions of this policy remain the same_ This endorsement Domes effective MARCH B. 2018 to be attached to and hereby made a part of: Policy No_ 1000318556-02 Issued to ESPEJO HELICOPTERS LLC By STARR INDEMNITY & LIABILITY COMPANY Endorsement No. 25 _C — Date of Issue MARCH 9, 2018 (CC) By (Authorized Representative) Starr 10074 12/06) Page 35 of 37 EXHIBIT F INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Lessee must not allow any subLessee,to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Utilities Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Aircraft Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, Aircraft Liability and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence - aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including. $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability S. Independent Contractors 6. Personal Injury- Advertising Injury Combined Single Limit Aircraft Liability $1,000,000 Per Occurrence (Smooth Limit or Level Limit Combining S2,000,000 Aggregate Public Liability and Passenger Liability) WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Page 36 of 37 Employers Liability $500,0001$500,0001$500,000 C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance,Division of Workers' Compensation. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee shall be required to submit 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. Lessee agrees that,with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • 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 37 of 37 • 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s)which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 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 Legal Dept. Commercial Air Helicopter Tours—Water's Edge Bayfront Park—Old City Hall Site 01/22/2018 sw Risk Management mus c� �o a o AGENDA MEMORANDUM NCORPORPE 1852 Public Hearing and First Reading for the City Council Meeting of June 12, 2018 Second Reading for the City Council Meeting of June 19, 2018 DATE: May 15, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 6665 Lipes Boulevard (Requires 3/4 vote) CAPTION: Case No. 0218-01 Dorsal Development, LLC.: Ordinance rezoning property at or near 6665 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. PURPOSE: The purpose of this item is to allow for the construction of a multifamily apartment complex. RECOMMENDATION: Planning Commission and Staff Recommendation (March 21 , 2018): Approval of the change of zoning from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: This item was previously heard by the City Council for 1St Reading/Public Hearing on March 24, 2018. Subsequently, the City Council voted to deny the change of zoning. On May 8, 2018, City Council voted to reconsider the case. The case is considered controversial as the City has received 35.05% opposition. Approval will require a super- majority vote. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and was previously planned for medium density residential uses. The requested rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use map when adopted. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: 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. 0218-01 Dorsal Development, LLC.: Ordinance rezoning property at or near 6665 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District 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, February 21, 2018, 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 "RM-1" Multifamily 1 District and on Tuesday, June 12, 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 10.642 acre tract of land, more or less, a portion of Lots 3 and 4, Section 21, Flour Bluff and Encinal Farm and Garden Tract, located on the south side of Lipes Boulevard, east of Cimarron Boulevard and west of Bronx Avenue (the "Property"), from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District (Zoning Map No. 043031), 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\2018\0218-01 Dorsal Development, LLC\Council Documents\Ordinance_0218- 01_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 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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\0218-01 Dorsal Development, LLC\Council Documents\Ordinance_0218- 01_Dorsal Development, LLC.docx Page 3 of 3 i MURRAY SASS, JA., P.£„1t.KLS. 3054 S. ALAMrDA, ZIP 78404 NIXON M. WELSH, RE,R.P.LS. 361 882-5521— FAx 361 882-1265 www.6acs-xc1sh.com a-mail: murra rfu aol.com c-marl: n_ixmsv ii aol.curtt BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 September 5,2015 15053-M&B-Zoning.doe State of Texas County of Nueces Description of an 10.642 acre tract of land,more or less,a portion of Lots 3 and 4,Section 21,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 also being a portion of a 12 acre tract of land described by deed, Doc. No. 2012032200,official records of said county,.said 10.642 acre tract as further described by metes and bounds as follows BEGINNING at the point of intersection of the southwest right-of-way line of Lipcs Boulevard and the northwest boundary line of said 12 acre tract for the northernmost corner of the tract herein described; THENCE S61600'00"E 394.17' along said southwest right-of-way line of Lipes Boulevard,being along a line 20.00'southwest of and parallel to the center line of said Lipes Boulevard,the common boundary line of said Lots 3 and 4,Section 21 and Lots 30 and 29,Section 20,said Flour Bluff and Encinal Farm and Garden Tracts, to a point for the easternmost corner of the tract herein described in the southeast boundary line of said 12 acre tract THENCE S28056'40"W 1176.09' along said southeast boundary line of 12 acre tract to a point for the southernmost corner of the tract herein described in the northeast boundary line of a city drainage right-of- way; THENCE N61°00'00"W 394.17'along said northeast boundary line of city drainage right-of-way to a point for the westernmost corner of the tract herein described in said northwest boundary line of 12 acre tract; THENCE N28°56'40"E 1176.09' along said northwest boundary line of 12 acre tract to the POINT OF BEGINNING,a sketch showing said 10.642 acre tract being attached hereto as Exhibit"B". OF let a�srjirRil`' • Nixon M.Welsh,R.P.L.S. •NIXON M.WELSH 2.211 t'';' 9URy EXHIBIT "Ai" Page 1 of I f 'AFS \<V fl 40" 3.0 Sic Sha• �f� / COT Op. RC1 2 � SFcT �� r,a� � / SON fOT / 29 QOM Q�� ry40 ry AZ 2 Q O� o .�? a 2 N , co 0 100' 200' 400` F< M SCALE, 1`= 200' EXHIUIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1 X200' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. N0, 100027-00. TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB NO. 15053, SOLE: 1' - 200" PLOT SCALE: SAME. PLOT DATE. 09/05/15, SHEET 1 OF 1 PLANNING COMMISSION FINAL REPORT Case No. 0218-01 INFOR No. 18ZN1002 Planning Commission Hearing Date: March 21 , 2018 = Owner/Applicant: Dorsal Development, LLC. aLocation Address: 6665 Lipes Boulevard �._ Legal Description: Being a 10.642 acre tract of land, more or less, a portion of a N Lots 3 and 4, Section 21 , Flour Bluff and Encinal Farm and Garden Tract, located on the south side of Lipes Boulevard, east of Cimarron Boulevard and west of Bronx Avenue. From: "FR" Farm Rural District c To: "RM-1" Multifamily 1 District 'E s Area: 10.642 acres N Purpose of Request: To allow for the construction of a multifamily apartment complex. 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 'E �' North "RS-6" Single-Family 6 Public/Semi Public Public/Semi Public io District _ South "FR" Farm Rural District Low Density Low Density Residential Residential "RS-6" Single-Family 6 Medium Density X East District Vacant Residential West "FR" Farm Rural District Agricultural/Vacant Medium Density Residential Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for medium M o density uses. The proposed rezoning to the "RM-1" Multifamily 1 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and a o warrants an amendment to the Future Land Use Map when adopted. Q Map No.: 043031 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 394 i 0 feet of frontage along Lipes Boulevard, which is designated as a "C3" Primary a N Collector Street. _ ca L Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume � O Lipes75' ROW 60' ROW Boulevard "C3" Primary Collector 50' Paved 25' Paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District to allow for the construction of a multifamily apartment complex. Development Plan: The subject property is 10.642 acres in size. The "RM-1" Multifamily 1 District allows a maximum density of 22 units per acre. The owner is proposing an apartment complex of a maximum of 234 apartment units. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District and consists of vacant land. The subject property was zoned "FR" Farm Rural in 1995 at the time of annexation. To the north is Veterans Memorial High School zoned "FR" Farm Rural District. To the south are vacant tracts zoned "FR" Farm Rural District. To the east are vacant tracts zoned "FR" Farm Rural District and previous rezonings in 2015 to the "CN-1" Neighborhood Commercial District and "RM-2" Multifamily District. To the west are vacant tracts zoned "RS-6" Single-Family 6 District and an existing subdivision (Airline Crossing Unit 2) zoned "RS-6" Single-Family 6 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 "RM-1" Multifamily 1 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and with the following policies, to warrant an amendment to the Future Land Use Map: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • 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) Staff Report Page 3 • Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • New high-intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low-intensity residential areas. (Southside ADP, Policy Statement B.7) Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC), to warrant an amendment to the Future Land Use Map. • A rezoning occurred on two properties to the west at the intersection of Lipes Boulevard and Cimarron Boulevard in 2015, from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District and the "RM-2" Multifamily 2 District. Planning Commission and Staff Recommendation (March 21, 2018): Approval of the change of zoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 8 within 200-foot notification area 5 outside notification area 0 As of February 16, 2018: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 1 inside notification area a — 0 outside notification area Totaling 35.05% 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\0218-01 Dorsal Development,LLC\Council Documents=Report_0218-01_Dorsal Development,LLC.docx CN-1 FR RM-2 Q' RS-6 5 � 0 3 1 SUBJECT � i�� JEC, PROPERTY FR 4 RS-6 � j" A. rRv ? 6 /z 7 Dates Cto ed:111112018 0 400 800 Prepay. .:Je`remyM Feet Department of Developmeni�Services CASE: 0218-01 P� y ZONING & NOTICE AREA P h RM-1 Multifamily 1 IL Light Industrial 4 RM-2 Multifamily 2 IH Heavy Industrial Ra RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay SUBJECT moo. ONMult Professional Office RS-10 Single-Family 10 PR�PER�TY RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family P�? v� CR-1 Resort Commercial RS-15 Single-Family 15 �� �0 CR-2 Resort Commercial RE Residential Estate p� CG-1 General Commercial RS-TH Townhouse �O CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial FM 2444 O RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay y BP Business Park Subject Property Owners with 200'buffer O in favor -----g \ City Of 4 Owners within 200'listed on X Owners �1 req-1 -----�___--�SO Cep Corpus attached ownership table vin opposition L�C„�I�N IYI„P —K Christi Persons with disabilities planning to - .-nd this meeting, who may require specia, -arvices, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con inca acidades clue tienen la intention de asistir a esta iunta y ctue requieren servicios esPeciales, se les suolica clue den.aviso 48 horas antes de la junta Ilamando al devartamento de servicios de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la iunta v su in4les es limitado, favor de Ilamar al d_eaartamento de servicios de desarrollo al numero (361) 826-3240 al mends 48 horas antes de la junta Para solicitar un interorete ser Presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0298-09 Dorsal Development, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being 10.642 acre tract of land, more or less, a portion of Lots 3 and 4, Section 21, Flour Bluff and Encinal Farm and Garden Tract, located on the east side of Flour Bluff Drive, south of Glen Oak Drive, and north of Caribbean Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. February 21, 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,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name: r- � I{� -L.' r 1 in r Address: jf c 1 City/StateS��i ( ) IN FAVOR ) IN OPPOSITION e f �" Phone: 'a REASON: Signature SEE MAP ON REVERSE SIDE Case No.0218-01 INFOR Case No.: 18ZN1002 Project Manager.Andrew Dimas Property Owner ID:4 Email: andrewd2@cctexas.com U.S.POSTS>>PITNEY 80WES w .5 _ City of Corpus Christi Development Services Dept. r ZIP 78401 $ 000.47° P.O. Box 9277 1 �r�R 02 MY Corpus Christi,Texas 78469 0000340617FEB 09 2018 4 247600210040 AL DEVELOPMENT INC 24 W BAR LE DOC DR Corpus Christi,TX 78414 l}RS-0 246 I_ ic:13 a� f� e 'SUBJ C' PROPERTY FR RS-e { tiZ GR 1 •4 �Q Op 1 I n�4 *C _t q CASE: 0218-01 SUBJECT PROPERTY WITH ZONINGsubject k Roperry SUBJECT PIROPE7TY RY.1 RMm4m:1,1 l Llphl lRw3D/Y PY.T WRR.mIry] a "..T NewCrl RY1 Yumhmll,3 PUD Fl.Rll.d tons Dw owed., P......' d °RA4FT WRP.mP,FT RS-tP �.4. 1F 1P CR.f IrlpnCp.Ro.0 Commrcel.l Ria /ulpb-FReul, -. P3 Tf 3�n F wlyI1F CR1 R000n C=c C94 R!Tf T.o-FrRlly CR-1 RNbl Cr.rt41 R3-16 goo" ndyl{ CR7 bwrl Commo .Rl.l RE RHIWnll.liWl. �rlu. 'yam+ C0-1 R3•TN 14-.N-w Cod Wn.Hl Crnrn,ul V "'."'n" I CI Ylbn.b.Cm.m.Kl.l W R.ma0 [V.RRM ftm di - CPD DO.m Ro.mc.C.mm.rcYl CR.1 D&-d CRrr.rtrf RYR W~~� RRm. 1/VJ FR Fllm kw.t 01y of Busrn.°vanF iLOCATION_MAP_ pr�C4`14 C_'1_ 1�_,�,'�1..ff Il I • I 1 Zoning Case #0218-01 Dorsal Development, LLC. Rezoning for a Property at 6665 Lipes Boulevard City Council Presentation June 12, 2018 Aerial Overview Lim f � ,e O � � O � u Subject Property at 6665 Lipes Boulevard RM z f Vicinity Ma5p,-1 a P + 4 Fc�N Jc)OpenSt—tMap and``conirihutam, Creative Commons-Share Alike �y. T Ll--(CC-BY-SA) 3 Zoning Pattern 68(�f\IIoGl 99 eA/AfUleLl 99. ... 662199 y�A� - IL�SU+J�OVVOSII/511��0 `iLUSU�'I9oIVVo�IIII (�L�Lf�S pV`Jj LO/raf�0eG199 A-V 99 _ �� 86flMohl98 ��15����� Col n V�IONO I�I 660 99 �� IIII���6NO1�illllOLL�SS O��\5 6.6Lf�S��lJ99 C� X �a�o 'Pd 2017 Q Q 66n�o�99 �� m(M - 66Lf�SC�J��"149 7nJ' MOM 14v 2N O 69fII�SNN olllllofn1LS99 Q I f l 662R99 86�OOg� OL�� Public Notification 8 Notices mailed inside 200' buffer \R 5 Notices mailed outside 200' buffer RM / 6 Notification Area , Opposed: 1 (35.05%) / SUBJECT PROPERTY X M \ R9 In Favor: 0 5 Staff Recommendation Approval of the change of zoning from the "FR" Farm Rural District to the "RM-1 " Multifamily 1 District. Del Mar College — South Campus M u w i�w ... tr� rr,; `�► • ♦ trss www M�w�M �:'►,. t Genslerl�� _ �+ ALL PHASES COMPLETED 7 Airline Crossing Unit 2 — Preliminary 28 Manhattan Estates S approved Preliminary PI,I o &,(t 21 n' q O i � I Ditch 31 "—''x`y"— -- - - .... ..,. ..tee __:r,;:�,G-s�• DitCh 31 8 .,- rDSchools and Multifamily Li _ J�5 risz r UDC Requirements ItY- Buffer Yards: "RM-1"to "FR" Parcel developed second Setbacks: Street: 20 feet Side & Rear: 10 feet Rear: 2:1 Setback(height) * Parking: 1 BR—1.5 spaces/unit 2 BR—2 spaces/unit 3 w , 1 space/5 units—Visitors a. Landscaping, Screening, and Lighting NSR Standards s Uses Allowed: Single-Family Homes, Duplexes,Apartments, and Day Care �s�u Uses. dM Urban Transportation Plan SZ ° oanffnan� UnNO -� 1,556 ADTe 0 128 AM, 157 PM ® ogh ac-h(Dd e 4,898 ADT, " 63 AM, 8006 PNMT , 0 d Q _ Ie lei a � ISUBJECU pG30O pC�Q� J •' , � �� � .� H RM99 O© • r rr O 11 se O E " AGENDA MEMORANDUM NRPOPAS EPublic Hearing and First Reading for the City Council Meeting of June 12, 2018 1852 Second Reading for the City Council Meeting of June 19, 2018 DATE: April 19, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Establishing a Flood Hazard Mitigation Committee CAPTION: Ordinance amending the Corpus Christi Code to establish Flood Hazard Mitigation Information Committee. PURPOSE: The Community Rating Systems (CRS) strongly encourages locally designed plans to prevent and reduce flood losses. Two CRS activities specifically credit local planning committees that design such plans. These plans are Program for Public Information (PPI) and Flood Insurance Coverage Improvement (CPI) Plan. The proposed ordinance establishes the Flood Hazard Mitigation Committee to develop and implement both the PPI and CPI. BACKGROUND AND FINDINGS: The PPI plan is an ongoing public information effort to design and transmit the messages that the community determines are most important to its flood safety and the protection of its floodplains' natural functions. A PPI should help design a community's entire flood protection public information program, not just outreach projects. PPI covers other types of public information endeavors, such as website or technical assistance; such engagement with the community can yield increased credit under other activities. The maximum credit for creating, adopting, and implementing a PPI is 100 points. The CPI is an ongoing public information effort designed to promote flood insurance and its importance as a preparedness effort. The CPI plan offers three ways to obtain potential credits by assessing the community's current level of coverage and identifying shortcomings, preparing the CPI with recommendations about where improvements would help, and CPI implementation. The maximum credit for creating, adopting, and implementing a CPI is 60 points. Establishing the Flood Hazard Mitigation Information Committee would allow for the opportunity to receive additional CRS points. The additional points can assist in keeping and/or improving the class rating for the City. Improving our class rating provides for a greater discount on flood insurance rates. ALTERNATIVES: Deny the ordinance OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The ordinance is consistent with the goals and strategies for resilience in Plan CC. 1. Corpus Christi has a holistic community standard of resilience that adapts to changing conditions such as storm hazards, high winds, and sea level rise. 2. The City has a multiple lines-of-defense strategy for protection against flooding from coastal storm surges. EMERGENCY/NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: 0 Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget $ 25,000.00 Encumbered / Expended Amount $ 0 This item $ 6,000.00 BALANCE $ 19, 000.00 Fund(s): Development Services Comments: None RECOMMENDATION: Staff recommends adoption of the ordinance that establishes a Flood Hazard Mitigation Committee. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Corpus Christi Code to establish Flood Hazard Mitigation Information Committee WHEREAS, The City of Corpus Christi is part of the Community Rating Systems Program under the National Flood Insurance Program. The Community Rating Systems Program awards the community credits for doing activities that are above the minimum requirements. The credits determine the Class rating for the City which allows for discounts on flood insurance policies; WHEREAS, The Community Rating System strongly encourages locally designed plans to prevent and reduce flood loses; and WHEREAS, The Community Rating System awards credit for creating a committee and adopting the Program for Public Outreach and Flood Insurance Coverage Promotion plans. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Corpus Christi Code of Ordinances, Chapter 2 —Administration, Article IV.- Miscellaneous Boards, Commissions and Committees, is amended by adding Division 32. - Flood Hazard Mitigation Information Committee, Sections 2-303 to Section 2-305 to read as follows: Division 32. - Flood Hazard Mitigation Information Committee Sec. 2-303 Created; composition; appointment, terms of members; organization (a) The Flood Hazard Mitigation Information Committee is created to advise the mayor and city council on development and implementation of the Program for Public Information Plan and Flood Insurance Coverage Promotion Plan. (b) Membership. The Flood Hazard Mitigation Information Committee shall be comprised of at least five members appointed by City Council. At least three members must be from outside local government. The membership must include: (1) One or more representatives from the community's floodplain management office; (2) One or more representatives from the community's public information office; (3) One or more representative from the insurance industry. (c) Quorum. Three members of the Committee shall constitute a quorum. (d) Secretary of the Committee. The Floodplain Administrator or authorized representative shall act as secretary of the committee. The secretary shall make a detailed record of all committee proceedings which shall set forth the committee's reasons for a decision, each member's vote, any member's absence, and any failure of a member to vote. A record of all business conducted by the committee shall be maintained in the office of the floodplain management division. Sec. 2-304 Duties. (a) The Flood Hazard Mitigation Committee prepares and updates two plans, which are included below: (1) The Program for Public Information Plan's duties are included, but not limited to: A. Assessing the community's needs for public information, formulate outreach messages, identify outreach projects and monitor and evaluate the program. B. The highest priority for Committee regarding the Program for Public Information Plan includes, but is not limited to: 1. Assessing the community's public information needs by priority areas. 2. Formulating messages needed for each priority audience to meet the desired outcome. 3. Identifying outreach projects to convey the messages. 4. Examining other public information activities for website or technical assistance. 5. Preparing the Program for Public information document for governing body adoption. 6. Reevaluating the Program at least once annually. (2) The Flood Insurance Coverage Promotion Plan's duties are included, but not limited to: A. Assessing the community's needs for flood insurance based on identifying the current levels of coverage and where it needs to be improved. B. The highest priority for the Committee with regards to the Flood Insurance Coverage Promotion Plan includes, but is not limited to: 1. Conducting a flood insurance assessment. 2. Collecting flood insurance information. 3. Determining the level of flood insurance coverage. 4. Preparing the plan. 5. Reevaluating the Plan at least once annually. Sec. 2-305 Frequency of meetings. The Committee shall meet at least twice a year. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word of provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. This ordinance takes effect after official publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Ordinance Amending the City of Corpus Christi Code Of Ordinances to Create a Flood Hazard Mitigation Information Committee City Council Presentation June 12, 2018 • Community Rating System activity. • Voluntary incentive program • Provides flood insurance premium discounts forgoing beyond minimum standards • Committee will develop and maintain two plans. • Program for Public Information (PPI) • Flood Insurance Coverage Improvement (CPI) • Program for Public Information • Public information plan • Flood safety • Protecting the natural functions of a floodplain • Coverage Improvement Plan • Promote flood insurance to property owners that are not required by a federally backed mortgage to carry flood insurance �= Staff Recommendations C) Staff recommends: • Approval of the ordinance se GO O Va. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 12, 2018 Nc1852Ev Second Reading for the City Council Meeting of June 19, 2018 DATE: May 23, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director of Development Services Nina M(o-)-cctexas.com 361-826-3276 Ordinance amending The Code of Ordinances to adopt the TCEQ standards for the inspection and testing of backflow preventer assemblies for residential irrigation systems. CAPTION: Ordinance amending The Code of Ordinances, City of Corpus Christi Chapter 14, Article II, City of Corpus Christi Technical Construction Codes Division 7, "Plumbing Code:, Section 14-281 and Division 8, "Residential Code," Section 14-291 to adopt the Texas Commission on Environmental Quality (TCEQ) standards for the inspection and testing of backflow preventer assemblies for residential irrigation systems. PURPOSE: The purpose of the Ordinance is to align the inspection and testing of backflow preventer assemblies for residential irrigation systems with TCEQ standards. TCEQ standards Chapter 290- Public Drinking Water, Subchapter D - Rules and Regulations for Public Water Systems requires a backflow prevention assembly installed for a residential irrigation system to be inspected and tested upon initial installation. Existing City ordinance requires these assemblies to be inspected and tested upon initial installation and every three years thereafter. BACKGROUND AND FINDINGS: TCEQ regulations do not require a backflow prevention assembly installed in conjunction with a residential irrigation system be inspected and tested after it's initial installation because the risk to a properly operating water system is very minimal. The reliability and resiliency of our City municipal water system has improved dramatically in the last 12 months. The risk of contamination to our water supply from a backflow event related to a residential irrigation system is therefore, very minimal. ALTERNATIVES: Maintain the current three year inspection and testing requirement for backflow prevention assemblies installed on residential irrigation systems. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to Plan CC Infrastructure Facilities, and Public Services, Goal 2: Corpus Christi has a water treatment and distribution system that meets or exceeds State water quality requirements. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Purchasing Department Legal Utilities Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $42,000 $42,000 Encumbered / Expended Amount This item ($4,445) ($17,780) BALANCE $37,555 $24,220 Fund(s): 4670 Development Services Comments: The decrease in revenue reflects the reduction in the number of backflow prevention assemblies that would be required to file an inspection and test report with the City's 3rd party database administrator. RECOMMENDATION: City Plumbing / Mechanical Advisory Board recommended approval of this ordinance on 5/17/2018. Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: None Ordinance amending Corpus Christi Code to adopt Texas Commission on Environmental Quality regulations for the inspection and testing of backflow preventer assemblies for residential irrigation systems; and providing for penalty WHEREAS, by Ordinance No 030847, the City of Corpus Christi adopted the 2015 International Plumbing Code and the 2015 International Residential Code on May 17, 2016, each as modified by said ordinance and are referred to herein as the City Plumbing Code and the City Residential Code; WHEREAS, in furtherance of the public health, necessity, convenience, safety and the general welfare of the inhabitants of the City of Corpus Christi ("City"), the City Council desires to adopt the Texas Commission on Environmental Quality standards for the inspection and testing of backflow preventer assemblies for residential irrigation systems found in Texas Administrative Code Title 30, Chapters 290 and 344; and WHEREAS, the City Plumbing Code and the City Residential Code contain requirements for the installation and testing of backflow prevention assemblies for the protection of the municipal water supply; and WHEREAS, with proper notice to the public, a public hearing was held on Thursday, May 17, 2018, during a meeting of the Mechanical/Plumbing Advisory Board with the Board recommending approval of the ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinance, Section 14-281, Subsection (11) is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 14-281. — Plumbing Code (11) Section 312.10 of the International Plumbing Code is revised to read as follows: 312.10 Inspection and testing of backflow prevention assemblies. Inspection and testing shall comply with Section 312.10.1 . 312.10.1 Inspection and Testing. Residential irrigation backflow prevention assemblies shall be tested at time of installation, an6, immediately after repairs, Anrl at ioAs+ GRGG every t#ree dears in accordance with the inspection and testing requirements of Texas Commission on Environmental Quality public drinking water regulations. Reduced pressure principle backflow preventer assemblies, double check-valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow prevention assemblies, double check detector fire protection backflow prevention assemblies, and spill proof vacuum breakers that are not part of a residential irrigation system shall be tested at the time of installation, immediately after repairs or relocation and at least annually. All testing and certification shall be performed by a state-licensed Backflow Prevention Assembly Tester. The Backflow Prevention Assembly Tester must Page 1 of 3 file an original copy of the initial test certification and each annual certification with the City's Third Party database within ten (10) days of the testing. The testing procedure shall be performed in accordance with one (1) of the following standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA B64.10.1. SECTION 2. The Corpus Christi Code of Ordinance, Section 14-291, Subsection (12) is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 14-291 . — Residential Construction Code. (12) Section P2503.8 of the International Residential Code is amended by adding new subsections P2503.8.3 to read as follows: P2503.8.3 Testing. Residential irrigation backflow prevention assemblies shall be tested at least nnre eVeFy throe (3) Yein accordance the inspection and testing requirements of the Texas Commission on Environmental Quality public drinking water regulations by a Backflow Prevention Assembly Tester and reported to the City Manager or designee. Reduced pressure principle backflow preventers, double check valve assemblies, double- detector check valve assemblies and pressure vacuum breaker assemblies that are not part of a residential irrigation system shall be tested by a Backflow Prevention Assembly Tester at the time of installation, immediately after repairs or relocation and at least annually with test results reported to the City Manager or designee. Upon the failure of the utility customer to report the result of the required test of the backflow prevention device, the City Manager, or designee, may authorize the backflow prevention device be tested, repaired and/or replaced with all associated charges to be charged to the customer's utility bill, and may also authorize the stoppage of the supply of water to the service address. The water may not be restored, except upon provision of the report of the required passing test. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for this purpose. SECTION 4. Penalties are as provided in Section 1-6, Section 14-281, and Section 14-291 of the Corpus Christi Code of Ordinances. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance takes effect after official publication. 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 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 3 Ordinance Amending the City of Corpus Christi Code Of Ordinances to adopt TCEQ regulations for backflow preventer assemblies. City Council Presentation June 12, 2018 • The City Plumbing Code (Section 14-281) and the City Residential Code (Section 14-291) contain requirements for the testing and certification of backflow prevention assemblies for the protection of the municipal water supply. • The purpose of the Ordinance is to align the testing and certification of backflow prevention assemblies for residential irrigation systems with Texas Commission on Environmental Quality (TCEQ) standards. City of Corpus Christi • Adopted City ordinances require backflow prevention assemblies for residential irrigation systems be tested and certified upon initial installation and every three years thereafter. TCEQ • TCEQ requires installation of backflow prevention assemblies installed to provide protection against health hazards, and must be tested and certified to be operating at least annually by a licensed backflow prevention assembly tester. • TCEQ classifies residential irrigation systems without chemical additives as non-health hazards, only requiring testing and certification upon initial installation and/or repair. �= Staff Recommendations C) Staff recommends: • Approval of the ordinance ,an,, mooz;im 1w • Total Number of Backflow Assemblies in our Database = 14,121 • Total Number of Commercial Backflow Assemblies = 6,501 • Total Number of Residential Backflow Assemblies = 7,620 • Top Ten Cities that require Inspection & Testing upon installation and/or repair of BFP for Residential Irrigation Systems = Dallas, Austin, Fort Worth, EI Paso, Arlington, Plano and Laredo. • Top Ten Cities that require Inspection & Testing upon installation and/or repair and Annual Testing of BFP for Residential Irrigation Systems includes Houston and San Antonio. se O �A H v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 12, 2018 "CORPGppjESecond Reading Ordinance for the City Council Meeting of June 19, 2018 1852 DATE: May 29, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Abandonment and vacation of two utility easements with subsequent dedication of a new utility easement at 14229 Northwest Blvd CAPTION: Ordinance abandoning and vacating a 15-foot utility easement (2,033-square feet) and abandoning and vacating a 10-foot utility easement (1,355-square feet) out of Taylor's Best Plaza, Block 1, Lot 2, located at 14229 Northwest Boulevard; and requiring the owner, MTM Northwest Management, Ltd., to comply with the specified conditions including the dedication of a new 15-foot utility easement (2,199-square feet). PURPOSE: This ordinance would abandon and vacate two utility easements to facilitate proposed future construction on the site by MTM Northwest Management, LTD (Owner). BACKGROUND AND FINDINGS: MTM Northwest Management, LTD is requesting the abandonment and vacation of two utility easements out of Taylor's Best Plaza, Block 1 Lot 2, located at 14229 Northwest Boulevard. Currently, the property is being used as a mini storage facility. The abandonment and vacation of the utility easements is being requested by the owner to facilitate construction within the property. The existing utility easements do not contain any utility lines running through them and there was no objection to the proposed closures from any public or franchised utilities. Currently, there are buildings encroaching onto a 15-foot wide by 135.50-feet northern utility easement. Once the proposed utility easement closure is approved, the applicant will dedicate a new 2,199-square foot utility easement that will be 15-feet wide by 146.62-feet in length further south which includes a water line and fire hydrant for Pace 1 o❑3 additional fire protection on the property. These fire hydrants and water lines are serviced by the City of Robstown. The applicant is also requesting that the southern utility easement that measures 10- feet by 135.50-feet be abandoned and vacated to enable for future construction of a climate-controlled storage unit that will measure 90-feet by 135-feet. A building permit application has been submitted for the climate-controlled storage unit. The approval of the easement closures is a condition of the issuance of the building permit. The proposed storage unit will be constructed according to all City codes and regulations of the City of Corpus Christi. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regard 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 90 days of City Council approval. ALTERNATIVES: Denial of the proposed utility easement closures. This will adversely impact the Owner's ability to move forward with proposed future development of the subject property. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-13. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonments. Pace 2 0113 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Project to Fiscal Year: 2016-2017 Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the easement closures. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A: Metes & Bounds of Proposed Closure for Tract A Exhibit B: Metes & Bounds of Proposed Closure for Tract B Exhibit C: Graphical Representation of Proposed Easement Closures for Tract A and B Exhibit D: Metes & Bounds of Proposed Easement Dedication Exhibit E: Graphical Representation of Proposed Easement PowerPoint Presentation Pace 3 0113 Ordinance abandoning and vacating a 15-foot utility easement(2,033-square feet) and abandoning and vacating a 10-foot utility easement (1,355-square feet) out of Taylor's Best Plaza, Block 1, Lot 2, located at 14229 Northwest Boulevard; and requiring the owner, MTM Northwest Management, Ltd., to comply with the specified conditions including the dedication of a new 15- foot utility easement(2,199-square feet). WHEREAS, MTM Northwest Management, Ltd. ("Owner")is requesting the abandonment and vacation of two utility easements: a 15-foot utility easement(2,033-square feet)and a 10-foot utility easement (1,355-square feet), both out of Taylor's Best Plaza, Block 1, Lot 2, located at 14229 Northwest Boulevard, Corpus Christi, Nueces County, Texas; WHEREAS, as consideration, the Owner is required to dedicate to the City of Corpus Christi a new 15-foot utility easement(2,199-square feet) out of Taylor's Best Plaza, Block 1, Lot 2, and to comply with specified conditions; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 15-foot utility easement (2,033-square feet) and a 10- foot utility easement(1,355-square feet), subject to compliance by the Owner with the conditions specified in this ordinance, and for the City to accept a new 15-foot utility easement(2,199-square feet). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of MTM Northwest Management, Ltd. ("Owner"), a 15-foot easement (2,033-square feet) and a 10-foot utility easement (1,355-square feet) out of Taylor's Best Plaza, Block 1, Lot 2, located at 14229 Northwest Boulevard, as recorded in Volume 68, Page 669, of the Deed and Map Records of Nueces County, Texas, are abandoned and vacated by the City of Corpus Christi ("City") subject to the Owner's dedication of a new 15-foot utility easement (2,199-square feet) and compliance with the conditions specified in Section 2 of this ordinance. Exhibit'A,"which to be abandoned and vacated; Exhibit B,"which contains the metes and bounds description and field notes for the second of the two utility easements to be abandoned and vacated; Exhibit "C," which contains the graphical representation of the legal descriptions; "Exhibit A-1," which contains the metes and bounds description and field notes for the new 15-foot utility easement to be dedicated; and Exhibit"B-1,"which contains the graphical representation of the legal description pertaining to the new utility easement, are all attached to and incorporated in this ordinance by reference as if the exhibits were each fully set out in this ordinance in their entireties. SECTION 2. The abandonment and vacation of the two utility easements described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a. The Owner is required to dedicate a new 15-foot utility easement (2,199- square feet)to the City, such easement as shown in Exhibits "A-1" and "B-1" and which is of equal or greater value than the property being released by the City, as consideration for the abandonment and vacation of the two utility easements described in Section 1 of this ordinance and as a express condition of this ordinance,with such new 15-foot utility easement being subject to final acceptance by the Director of Development Services, or the Director's designee, on behalf of the City without further action required by the City Council; b. The maintenance responsibilities for the two abandoned and vacated easements revert to the Owner; C. Upon approval by the City Council and issuance of this ordinance, all grants of easement closure and specified conditions must be recorded at the Owner's 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; and d. The failure of the Owner to comply with all the conditions included in this ordinance within 90 days of approval by the City Council will hereby, and without further action being required, render this ordinance null and void. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of 201& by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED this the day of 2018 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor MURRAY BASS, JR., P.E.,11T.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 May 17,2018 17007-M&B-UE-CLO-A.doc UTILITY EASEMENT CLOSURE TRACT"A" STATE OF TEXAS § COUNTY OF NUECES § Description of a 2,033 square foot tract of land,more or less, a portion of Taylor's Best Plaza,Block 1,Lot 2. a map of which is recorded in Volume 68, Page 669,Map Records,Nueces County,Texas,said 2,033 square foot tract of land as further described by metes and bounds as follows: BEGINNING at point in said Lot 2 for the southeast or southernmost corner of the tract herein described which bears N84°34'45"W 21.22',N09°20'29"E 584.25' and N80°39'31"W 10.00'from the southeast corner of said Lot 2, THENCE N80°39'31"W 135.50' to a point for the southwest or westernmost corner of the tract herein described; THENCE N09020'29"E 15.00' to a point for the northernmost or northwest corner of the tract herein described; THENCE S80°39'31"E 135.50' to a point for the northeast or easternmost corner of the tract herein described; THENCE S09020'29"W 15.00'to the POINT OF BEGINNING,a sketch showing said 2,033 square foot tract of land being attached hereto as Exhibit"C",this description not being based on an on the ground survey F S •� • •`vii••*I � d.a I�Xon M.Welsh,R.P.L.S. :....,•.... .1 NIX OiI fill•wELSH 10 •.• 2211 �;' sua EXHIBIT "A" Page 1 of 1 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 May 17,2018 17007-M&B-UE-CLO-B.doc UTILITY EASEMENT CLOSURE TRACT`B" STATE OF TEXAS § COUNTY OF NUECES § Description of a 1,355 square foot tract of land, more or less, a portion of Taylor's Best Plaza,Block 1,Lot 2, a map of which is recorded in Volume 68, Page 669, Map Records,Nueces County,Texas,said 1,355 square foot tract of land as further described by metes and bounds as follows: BEGINNING at point in said Lot 2 for the southeast or southernmost corner of the tract herein described which bears N84°34'45"W 21.22',N09°20'29"E 510.22' and N80°39'31"W 10.00'from the southeast corner of said Lot 2; THENCE N80039'31"W 135.50' to a point for the westernmost or southwest corner of the tract herein described; THENCE N09°20'29"E 10.00' to a point for the northwest or northernmost corner of the tract herein described; THENCE S80°39'31"E 135.50' to a point for the northeast or easternmost corner of the tract herein described; THENCE S09°20'29"W 10.00'to the POINT OF BEGINNING, a sketch showing said 1,355 square foot tract of land being attached hereto as Exhibit"C",this description not being based on an on the ground survey. F 6ixon M.Welsh,R.P.L.S. .....@,-lose NIX OiI M.W ELSH .... ..... .... •.• 2211 �W,' suaNE{o EXHIBIT "B" Page 1 of 1 � 3 aNzi W N" ' O m�� N to S80'39'31"E o I I �Q a o UE TRACT 35 50' voi I I om z CLOSED, 2033 O BE I N80'39'31,, 135 SF 50' I N80'39'31.W 1 p,00' 1 V I I N -o w UE TRACT I ^I mco N CLO 8„ TO N o rnI U a N o S80-39'31SD; 1355 SBE N I N om co co 0 C7) E 135.Sp� o I �,I z c" ZI N80'39'31"IN 135-50' I N80'39'31"w 10.00' TAYLOR'S BEST BLOCK 1 PLAZA V. 68' P• 6LOT M R. NOTE: 'o Lo THE BASIS OF BEARINGS IS THEW v N SOUTHEAST BOUNDARY LINE OF N N C14 TAYLOR'S BEST PLAZA, BLOCK 1, 0cv o GoN LOT 2, V. 68, P. 669, M.R., 6 Z S09'15'55"W AS SHOWN Z SOUTHEAST CORNER TAYLOR' BEST PLAZA BLOCK 1, LOT 2, V. 68, P. 669, M.R. EXHIBIT "C" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTIONS CORCHRSTIH�GINEERING 1"=30' SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-UE CLOSURE, JOB NO. 17007, SCALE: 1" = 30' PLOT SCALE: SAME, PLOT DATE: 05/17/18, SHEET 1 OF 1 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 May 25,2018 17007-M&B-UE.doc UTILITY EASEMENT STATE OF TEXAS § COUNTY OF NUECES § Description of a 2,199 square foot tract of land, more or less. for utility easement. a portion of Taylor's Best Plaza, Block 1, Lot 2, a map of which is recorded in Volume 68, Page 669, Map Records, Nueces County, Texas,said 2,199 square foot tract of land as further described by metes and bounds as follows: BEGINNING at point in said Lot 2 which bears N84°34'45"W 21.22', N09"20'29"E 576.00'and N80"39'31"W 10.00'from the southeast corner of said Lot 2, said beginning point for the southeast or southernmost corner of the tract herein described; THENCE N80039'31"W 146.62' to a point for the westernmost or southwest corner of the tract herein described; THENCE N09°20'29"E 15.00' to a point for the northernmost or northwest corner of the tract herein described; THENCE S80°39'31"E 146.62' to a point for the easternmost or northeast corner of the tract herein described; THENCE S09°20'29"W 15.00'to the POINT OF BEGINNING,said 2,199 square foot tract of land for utility easement is shown in sketch attached hereto as Exhibit B-1, this description not being based on an on the ground survey. OF bixon M.Welsh,R.P.L.S. :....,•.too ' Nlxost M.viELSH ■... ..... .... • ,�0 8 L/lt�Et0 V EXHIBIT A-1 Page 1 of 1 T A Y L O R 'S BEST BLOCK LAZA p) Lu V. 68. P• 669 T M R N p I 0) p O cv O S80-39',31 rn u7 I tu I •`v U 0 39'31 »E 146.6 ° I o 0) UT/L/ 2 z EASEMENT, 2199 SF � N80•39,31 „w 146-62' N N80-39'31"W 10.00, a N F- o o) TAYLOR'Sto PLAZA BLOCK 1 AZA V. 68, P. 669 TM R. o e ai m`O 0 0 to to Li o) N O N O Z 3 !n N p, •h N O N /Z SOUTHEAST CORNER TAYLOR'S / BEST PLAZA BLOCK 1, LOT 2, V. 68, P. 669, M.R. EXHIBIT B- 1 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX 1"=30' SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-UE, JOB NO. 17007, SCALE: 1" = 30' PLOT SCALE: SAME, PLOT DATE: 05/25/18, SHEET 1 OF 1 I Easement Closures and Dedication of a New Easement for Taylor's Best Plaza, Block 1 Lot 2 (14229 Northwest Blvd) City Council Presentation June 12, 2018 Lo4gus cy'"�� Vicinity Map .Al 4 — # a �) t � ,• � a, F y, BUS� 7ytj �`C 4Q44us Cy4,r r c 'a - orthwest = Ivd .� 50' utility �' �.►, ,� easement Proposed 15' utility 10' utility easement ter'." easement closure with fire hydrant ' Propos d SIO - i ut li -_ — eae coU r G©�pUS Cy�,P r 4 i J w T�2 � •' -� Existing 10' ,,� 4 wide utility Proposed Easement Closures t - ater line, Proposed 15' and fire wide utility hydrants - easement closure i Proposed 15' - "� �`- 4Q44us cy4,r r 'a 'i and fire i t Proposed Future Property Layout Proposed 15' wide utility ,� �I I easement ��� Proposed dedication - �' 90'x135 foot ,, r climate mil � I � I it III controlled '"` IF �'�' storage --- Agri Staff Recommendations Approval SC 0 v AGENDA MEMORANDUM NCpgPGpp(EO First Reading Item for the City Council Meeting of June 12, 2018 1852 Second Reading Item for the City Council Meeting of June 19, 2018 DATE: May 14, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll(o).cctexas.com 361-826-3460 Lease Agreement with Instituto de Cultura Hispanica CAPTION: Ordinance approving a five-year lease with the Instituto de Cultura Hispanica for Lichtenstein House at 1616 N. Chaparral Street, for monthly rent of $365. PURPOSE: Lease the Lichtenstein House to Instituto de Cultura Hispanica. BACKGROUND AND FINDINGS: The Instituto de Cultura Hispanica has leased the Lichtenstein House since 1998 for $300.00 per month. The new lease provides for an increase in rental payments. The premises will be utilized to provide visitors with a better understanding of the diverse cultures represented in our community through programs such as art exhibits, folkloric displays, English and Spanish recitals, cultural celebrations and fund-raising activities. ALTERNATIVES: Do not approve the lease for the Lichtenstein House. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): General Fund Comments: The Lease will go into effect upon final City Council approval. RECOMMENDATION: Approve the lease Agreement with Instituto de Cultura Hispanica. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance approving a five- year lease with the Instituto de Cultura Hispanica for Lichtenstein House at 1616 N. Chaparral Street, for monthly rent of $365. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute a five-year lease agreement with the Instituto de Cultura Hispanica for the use of the Lichtenstein House located at 1616 N. Chaparral Street, in consideration of monthly rental payments of$365 per month. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 1 LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND INSTITUTO DE CULTURA HISPANICA This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager, or his designee ("City Manager"), and the Instituto de Cultura Hispanica ("Lessee"). WHEREAS, the City is the owner of real property known as the Lichtenstein House located at 1616 N. Chaparral, Corpus Christi Texas, Lots 5 and 6, Block 70, Beach portion, a subdivision of the City of Corpus Christi, together with all improvements thereon ("Premises") as further depicted on the attached Exhibit A; WHEREAS, Lessee has requested the use of the Premises for the purpose of office space for its operations, upon the conditions and covenants contained in this Lease; and, WHEREAS, City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. (B) City Manager means the City's City Manager or the City Manager's designee. (C) Council means the City's City Council. (D) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. (E) Finance Director means the City's Director of Finance or the Director of Finance's designee. (F) Lease means this lease document, including all attached and incorporated exhibits. (G) Lessee means Instituto De Cultura Hispanica. (H) Parks means the City's Park and Recreation Department. 2 (1) Premises means the Lichtenstein House located at 1616 N. Chaparral, Corpus Christi Texas, Lots 5 and 6, Block 70, Beach portion, a subdivision of the City of Corpus Christi, Texas, together with all improvements thereon. (J) Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Section 2. Purpose. The City does hereby lease to Lessee the Premises. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize Premises for office space for its business operations. Lessee may establish and maintain its administrative offices within the Premises and provide cultural programs for the membership and public. Lessee shall not use the Premises for any other purpose without Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee on a five year term, effective upon final City Council approval, unless sooner terminated as set out herein. Section 4. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE,ANY AND ALL WARRANTIES OF HABITABILITY,AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSOR WITH 3 RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Section 5. Lease Payments. A. For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, on a monthly basis, for the initial five-year term, three hundred sixty-five dollars ($365.00) per month. B. All rental fees are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box 9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 6. Parking. No dedicated parking is provided with this Lease. Section 7. Utilities. (A) The Premises is wired for telephone service; however, Lessee shall contract separately with a telephone service provider of Lessee's choice for the provision of active telephone service, which service is to be incurred at Lessee's sole expense. (B) The Premises is wired for electrical service and has a separate electric meter. Lessee shall contract for electric service to the Premises. Lessee shall bear the cost of all electricity used at the Premises for the term of this Lease. (C) Water and sewage service is available at the Premises. City shall bear the cost of all water and sewage service by the City. (D) Should Lessee require any modification to the provision of the enumerated utilities in this section or require any additional utility service not herein covered during the term of this Lease, Lessee shall submit a request, in writing, to the Director for consideration and possible amendment of this Lease. (E) Lessee shall pay for all utilities related to usage of Premises prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 8. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and Lockout. Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee. Section 9. Maintenance. During the term of this Lease, Lessee will maintain, at its sole expense, the Premises and any Improvements on the Premises, including without limitation all fixtures connected therewith, and all personal property thereon. Lessee shall obtain, at its own expense, all building permits, all utility services, garbage collection, janitorial services, and similar services. City will maintain the grounds and landscaping and exterior of the building on the Premises. City will also be responsible for structural repairs such as roof, air conditioning and heat, plumbing and electrical. If no funds are budgeted, or if cost of maintenance exceeds funds budgeted, City is relieved of its maintenance obligations and Lessee must maintain the Premises grounds and landscaping the building exterior. Lessee must maintain the interior of the building including minor plumbing and electrical repairs related to usage of the building and all personal property at the Premises. Lessee must not undertake any construction without the prior written consent of the City Manager. Section 10. Furniture, Fixtures, and Equipment. (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. (B) All capital construction to the Premises, such as installation of plumbing fixtures, remains the property of the City. Section 11. City Use, Hours of Operation. (A) City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. (B) Lessee must be open to the public during Lessee's regular office hours for a minimum of at least 4 hours per day, 5 days per week. Within 30 days of the final City Council approval, and by each February 1 thereafter, Lessee must provide Director with written notification of Lessee's scheduled hours of operation through January 31 and provide Director of any planned special events at the Premises through January 31. (C) Lessee must post a sign outside the Premises stating the hours it is open for public inspection. Lessee will provide information to visitors concerning the history and restoration of the property. The Premises is available to the City for regularly 5 scheduled tours as determined by the Director. The Director may schedule special events and festivals on the Premises as well as in the surrounding areas. The Director will work with Lessee to not conflict with any of Lessee's programs. (D) By each February 1 , Lessee agrees to provide Director with an annual written report detailing Lessee's activities prior calendar year, and also number of visitors to the Premises. Section 12. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that purpose of its use of the Premises is in accordance with all applicable Federal, State, and local laws, ordinances, rules and regulations. (B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits related to its operations. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements. Section 13. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. Section 14. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 15. Insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Exhibit "B", which is incorporated in this Lease by reference. (B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. Lessee agrees to notify Lessor of any substantive change to its insurance coverage. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if reasonably necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. (D) In the event of any necessary increase, Lessee shall receive ninety (90) days written notice prior to the effective date of the requirement to obtain increased coverage. In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. (E) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 19(a), as contained herein. (F) The City carries the property and flood insurance on the building. Lessee is responsible for insuring its own contents. Section 16. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance pursuant to this Lease; (2) Lessee's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any tkind whatsoever arising from any said liability, injury, damage, loss, demand, claim or action. Such indemnity provisions contained in this Section 16 herein apply to the extent insurance (as approved by City in Section 15) may apply for protection of the City and Lessee. Section 17. Alterations. A. Lessee agrees not to harm the Premises beyond normal wear and tear. B. Lessee shall not make any alternations or construction at the Premises without the prior written approval of the Director. C. All alterations, improvements, and additions made by the Lessee upon said Premises, which are permanent in nature, even if made at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation hereof, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property of the City. Section 18. Signs. (A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof, without the Director's prior written approval. (B) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of Director's written demand, City may do or cause the work to be done, and Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 19. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City. Lessee shall not, in whole or in part, assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City. Written consent or approval shall not be unreasonably withheld by City. 8 Section 20. Default and termination. (A) The following constitute Events of Default under this Lease: (i) failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. (B) Upon the occurrence of any Event of Default, the City may, at its option, in addition to any other remedy or right given hereunder or by law: (i) give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than thirty (30) days after the giving of such notice. (C) Lessee may terminate this Lease by giving the City Manager at least 90 days prior written notice of termination, in which case all obligations on the part of Lessee also terminate as of the date of termination, if the property is returned in same or better condition as upon the date this Lease becomes effective, normal wear and tear excepted. If the property is not in such condition, Lessee must repair the property to such condition within 60 days after termination of this Lease. Section 21. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. Section 22. Notice. (A) All notices, demands, requests or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; or (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. (C) All these communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Instituto de Cultura Hispanica Park and Recreation Department P. O. Box 9277 P.O. Box Corpus Christi, Texas 78469-9277 Corpus Christi, TX 78401 Attn: Director of Park and Recreation Attn: (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 23. Nondiscrimination. Lessee covenants and agrees that it shall not unreasonably discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 24. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 25. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. Section 26. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date, or within 30 days written demand. Section 27. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. 10 Section 28. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 29. Casualty. If the Premises become damaged due to weather event, fire, or other natural or man- made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and repairs are not completed within 30 days of the event of disaster, then either party may terminate this lease upon 30 days written notice to the other party, without penalty. Section 30. Removal of Property upon Termination. It is Lessee's responsibility to remove its personal property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee. Lessee shall be invoiced for City's costs to remove property from the Premises after termination or expiration of the Lease, and Lessee shall pay said invoice within thirty (30) days of receipt. Section 31. Disclosure of Interests. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index. Section 32. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. 11 Section 32. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable, will be added to this Lease automatically by the Court construing such clause or provision to be invalid. EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Samuel Keith Selman City Secretary Interim City Manager LESSEE: INSTITUTO DE CULTURA HISPANICA By: Name: Title: Date: 12 APPROVED AS TO LEGAL FORM this day of By: Lisa Aguilar Assistant City Attorney for City Attorney 13 ❑❑❑SCID Ell❑❑❑❑❑❑❑ ❑ 1111❑❑❑❑ ❑❑D 1111111111 Ell 11111111111111111111 Ell ❑CIDBEll Ell❑ Ell 11111111111111 ❑. [lessee and [lessee® CbntraEtor ❑Est not Cb❑❑en O wor❑ Ehder tas a Gree❑ent Ehti CCall[I ins GanO re Cured C:s Oen o Gained and s FM ins[ran O Cis Oen a CCC7o Od Cay t O ❑ity. ❑ontra Gor ❑Est not a[lbw any s FFFbntra Gor to Cb❑❑en O wor❑Ehti E C[Iki❑i Cdr ins CA7an O re Hired o❑any s FFFbntraGor Cis Oen o Gained. B. [lessee and [lessee Cs ❑ontraEtor ❑Est CIIinis❑to tO ❑ity Cs ❑is❑ManaCbr and Dire Gor o❑ Par Es and ❑eCreation DeC:�trt[lent❑ 2 CbEies o❑ ❑ertiCiCates o❑ 1hsCA7anO CID❑CIDwit❑ a CCC i Ea CCCb Cb i[y endorse❑ents s Cbwin❑t O Cb twin 1111 ini❑CIC Cb Ora O Cay an ins Cfan O Cb❑Cany Is❑a CO Ga CCCb to t O ❑ity Is As❑ Mana Or. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies.Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per o CCCIArren O ❑aClte Cate policy endorsements ❑o❑❑er li a❑❑enera❑CCi a Ci City in F"in CC❑ G 10001000 Per ❑CIDGren O 1. ❑o 1111 er li a CBroad Cbr❑ C21000 1000 ❑Elle C:te 2. Pre❑ises 1111 Orations 3. Prod[Its❑❑o❑CCCbted ❑Orations 11 ❑ontra G C�t❑❑ia Ci City 5. Ctidelendent ❑ontraEtors 11 Persona❑In111y❑❑dOrtisin❑CnEry 11111111 ❑CIDB CIDCID❑ Cin C>ITlin CIC G 10001000 ❑o❑fined An CCCb A❑it 1. ❑caned 2. ❑fired and ❑onCIDwned 3. ❑entedElleased ❑ 1111❑❑❑❑❑❑❑MP❑❑1111❑CID❑ ❑tat Gory EMP 11111111111111 111111B 1111111111 15001000 IH5001000 IH5001000 1- ❑. Ch t❑e eCbnt o❑aElidents o❑any and related to tas Cease aCj7ee[lent❑[lessee and ❑essels ❑ontraCtor ❑Est ❑l nis❑t❑e ❑is❑ManaCbrwit❑Cues of CICte❑bits oaany aE[identswitCin 10 days o❑t Cb a Elident. CID ❑DDCIDCID❑❑❑ 1111❑❑CID❑M❑❑❑❑ ❑. ❑CCC i[ CIe Cor Chid e❑C❑byees❑[lessee and [lessee l� ❑ontraEtor ❑Cst o Gain worCbrs❑ Cb❑Cbnsati on Cb Cora Cb t CTo FM a C>7Cbnsed ins CJ7anCb Cb❑Cany. ❑Cb Cb Cora Cb ❑Est Cb written on a Cb illy and endorse❑ents a CI 7o Cbd Cay t Cb ❑e Cis De Cert❑ent o❑Chs Chan Cb. ❑Cb wor Ctrs❑Cb❑Cbnsati on Cb Cora Cb CJ7o Cided ❑Est Cb in an a❑o Eht s FMi Gent to ass CTe Cat all[wor Ebrs❑Cb❑Cbnsation o 0ilE tions in Cli7red Cay t Cb [lessee and [lessee l� ❑ontra Etor wi IIIICb Cro❑Ay [let. B. [lessee and [lessee ls ❑ontra Ctor s C:C❑o Gain and ❑aintain in CICIIDCbr Cb and e CIIe Ct Cor tCb d1ration o❑tEis ❑ontraEtEl nd any eEtension Cbreo[l[ t [lessee and ❑esseels ❑ontraEtor© sole e E1bnse Gins CJ7anC)b Cb Cora Cb written on an o Caren C)b E�si s EEE Cb❑Cani es a Ct Cbri Cbd and ad❑itted to do FT-§iness in tCb ❑tate o❑❑e Cas and wit❑an ❑.M. Best©ratin❑oEno Cess t lan 111111 CID ❑. [lessee and [lessee C§ ❑ontraEtor s Eat Cb re Cured to s CID it a Cb Cay o❑tEb re CIaCb❑ent Corti Ci Chte o❑ins Iran Cb to ❑ity at t Cb address CJ7o Cided Cb lbw wit Cin 10 days o❑t Cb re Clbsted Cin Cb. [lessee and [lessee ls ❑ontra Ctor s C:llIl Cay any Costs in EEiTed res Cltiin❑ Cho❑ said CCChn lbs. ❑C❑noti lbs Ehder tEis ❑rti CCS s E�11[]Cb Ci Con to ❑ity at tCb Co twin❑ address❑ ❑ity o❑❑orClC�; ❑CJ7isti ❑ttn[Ili s❑Mana ler P.11. Bo 11 E2 Ell ❑or FFs ❑Cr iisti CC❑❑ E8 CIC D. Lessee and Lessee's Contractor agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • [list t Cb ❑ity and its o CIfl C)brs Cb CIO Ei a®Ce❑C❑byees❑Cb ClIhteers❑and a Ce Cted re CJ7esentati lbs as additiona❑ins Eked Cay endorse❑ent❑as res Cb Cts o❑erations❑lb❑Cleted o❑eration and a Cti Cities o CIDor on Cb E ll[Io CIDt Cb na❑ed ins lied Cor Cor❑ed Ehder Contra Ct wit❑t Cb ❑ity❑ wit❑t Cb e E[b Ction o❑t Cb wor Ctrs❑-b❑Cbnsation Cb C>7Cy❑ 15 • Pro tide C6r an endorse❑ent tCit t lb "ot Cbr ins TianEb" ®Cse s E mot a EE[y to t h ❑ity o❑ ❑or FF�; ❑Cri sti w❑ere t h ❑ity is an additi ona Gins lred s❑bwn on t h ❑b[i][y❑ • ❑ orCbrs❑ lb❑Cbnsation and e❑Foyers❑ i a lity ❑b Cldes will[] [To tide a wai Cbr o❑ s EIA7o Ei ti on in Cd❑br o❑t❑e ❑ity CAnd • Pro tide tarty 30❑Ea Cbndar days ad Can lb written noti lb dire Et[y to ❑ity o❑any s is Cbnsion❑ C�nEe®tion❑nonCrenewa❑or ❑ateria❑[]E�nlb in Iblbralb❑and not Cess tlan ten a0❑ Cit Cendar days ad Can Ee written noti lb Cor non City❑ent o❑lte❑i Ell. ❑. ❑ itan Cilb 15❑E Cendar days o❑a sisCbnsion❑linlb[ldtion❑br non1fenewa❑b❑CbCoraCb❑ [lessee and [lessee® ❑ontraltor s E llIllro tide a re®Ee❑ent ❑erti[i]Eke o❑Cis lian lb and aFMiCa FTi4 endorse❑ents to ❑ity. ❑ity s E FFFFb lb tlb o ltion to s is lbnd [lessee and [lessee ls ❑ontra ltor© Ebr C6r❑an[b s❑b E[d t lore lb a Cd Cse in Ib❑era lb at any ti❑e d lain❑ t as lbntra Ct. Elai llIke to lro tide and to ❑aintain t lb re fired ins lranlb s CA ll[l lbnstit lte a ❑ateria❑lJ7ea m o❑t as lbntra Ct. Q in addition to any otlbr re❑edies tle ❑ity [lay Ealb EI:bn [lessee and ❑esseeeCs ❑ontra ltor© Chi llIke to lA7o tide and ❑aintain any ins lranlb or ❑b i]4 endorse❑ents to t lb e hent and witan tCb ti❑e Ebrein re fired It lb ❑ity s E llIICa❑e t lb riELt to order [lessee and [lessee ls ❑ontra ltor to sto❑ wor❑ lore Ehder❑ lhti❑ [lessee and [lessee ls ❑ontra ltor de❑onstrates lb❑Eian E�wit❑t lb re ire❑ents Cbreo❑ ❑. ❑of lin❑ Grein lbntained s E3t 1111 lb lbnstr Cbd as [ill]itin❑in any way t lb e Gent to w a EEI [lessee and [lessee® ❑ontra ltor ❑ay h lb Cd res❑bnsi E[b Cor Cly❑ents o❑da❑a Cbs to Cbrsons or [To Ebrty res min❑1fo❑ [lessee and [lessee ls ❑ontraltor©or its s FFI-6ntraEtorls Ebr Cor❑an lb o❑t lb wor❑lb❑bred lhder t a s a free❑ent. ❑. It is aGeed tEk [lessee and [lessee Is ❑ontraltor©ins Iran lb s EA IIIICb dee❑ed [Ti❑ary and non F[Fhntri dory wit 11 res lb Et to any ins[Tan lb or se mains Iran lb Carried lay tlb ❑ity o❑ ❑or FT-k ❑[Tisti Cor Gla a G7ty ari sin❑o A o❑o Orations Ehder t a s a free❑ent. ❑ it is lhderstood and alreed tl t tCb inslTanlb refired is in addition to and serrate Cfo❑ any otlbr omCAtion lbntained in tas alree❑ent. se GO O Va. U AGENDA MEMORANDUM First Reading Item for the City Council Meeting of June 12, 2018 Nc1852Ev Second Reading Item for the City Council Meeting June 19, 2018 DATE: May 15, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities Dane c(D.cctexas.com (361) 826-1718 6 month Extension for Lease Agreement for Lake Corpus Christi Campground CAPTION: Ordinance authorizing lease extension with Kamping Pleasures, Inc. for up to 6 months to operate a 40-acre campground on Lake Corpus Christi, for $1500 monthly rent or 8% of gross sales, whichever is greater. PURPOSE: The Water Utilities Department seeks approval to enter into lease extension for up to six (6) months so that negotiations can be completed for a longer term lease agreement with Kamping Pleasures, Inc. (Lessee) for the parcel and improvements located on the North side of Lake Corpus Christi off of County Road 3024 on County Rd 371. BACKGROUND AND FINDINGS: Legal and Water Utilities Staff have been working with current lessee since December of 2017 to finalize terms and conditions for a new lease agreement. The current lease agreement expires in July 2018 and in order to prevent a lapse in the lease, an extension for up to 6 months is being requested. Kamping Pleasures, Inc. has been leasing 40 acres of City property on Lake Corpus Christi for over 47 years. The Lessee is responsible for all campground improvements and maintenance. Currently operating under the name of `Mustang Hollow Campground', the site amenities include tent and RV sites, cabins and cottages, year-round pool, outdoor kitchen, snack bar and wi-fi. ALTERNATIVES: Do not extend lease. 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. DEPARTMENTALCLEARANCES: Water Utilities Department - Wastewater FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): n/a Comments: This item will not have an impact on the operating expenditure or revenue budget. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Extension Agreement with Kamping Pleasures, Inc. Ordinance authorizing lease extension with Kamping Pleasures, Inc. for up to 6 months to operate a 40-acre campground on Lake Corpus Christi, for $1500 monthly rent or 8% of gross sales, whichever is greater 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 an extension for up to 6 additional months of the Lease Agreement with Kamping Pleasures, Inc. for the lease of 40 acres out of the Mary B. Kelvin survey in Live Oak County, on the North side of Lake Corpus Christi, in consideration of quarterly rental payment of$1,500.00 or 8% of gross sales, whichever is greater. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Agreement to extend the Lease with Kamping Pleasures, Inc. for up to six months Whereas, the City of Corpus Christi (City) and Kamping Pleasures, Inc. (Lessee) entered into a Lease, authorized by Ordinance No. 023384, to allow operation of a campground and related activities on land owned by the City for a period of ten (10) years beginning on July 24, 1998, and renewable for two (2) additional five (5) year terms Whereas,the second five-year renewal expires July 24, 2018; Whereas, the parties are in process of negotiating a new long-term lease and desire to extend the term on a month to month basis for up to 6 months to allow for conclusion of the negotiations; Now, therefore, the parties agree as follows: 1. Upon full execution of this Agreement, the Lease between the City and the Lessee authorized by Ordinance No. 023384 as amended by Renewal Agreement No. 1 and Renewal Agreement No. 2 is extended on a month-to-month basis for up to 6 months, effective as of July 24, 2018. 2. The monthly rent to be paid by Kamping Pleasures shall be the greater of $1500 or 8% of gross sales for the prior 30 day period. The first month's rent is due in advance on July 24 2018. Subsequent rents are due on the 24'h of each month. 3. Disclosure of Interests. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govemment/city- secretary/conflict-disclosure/index. 4. This Agreement may be terminated upon thirty days' written notice or upon the effective date of a new agreement between the parties, whichever event occurs first. 5. All other terms, conditions and requirements of the Lease as amended remain unchanged throughout the extension. Agreed to by: KAMPING PLEASURES, INC. By: Robin Sargent, President Kamping PI `/as es, Inc. S Date: !fi� CITY OF CORPUS CHRISTI By: Margie C. Rose City Manager Date: Approved as to form: By: Lisa Aguilar,Assioa t City Attorney For the City Attorney se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of June 12, 2018 1852 Action Item for the City Council Meeting of June 19, 2018 DATE: June 12, 2018 TO: Keith Selman, Interim City Manager FROM: Annette Rodriguez, MPH, Director of Public Health AnnetteR(a�cctexas.com (361) 826-7205 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Service Agreement for Document Imaging of Vital Records for the Corpus Christi- Nueces County Public Health District CAPTION: Ordinance appropriating $250,000 from the Vital Statistics Record Retention Committed Fund Balance in the General Fund; amending the budget; and authorizing a six-month service agreement with MCCi, of Tallahassee, Florida, for document imaging of vital records for the Corpus Christi-Nueces County Public Health District for a total amount not to exceed $250,000, via BuyBoard cooperative. PURPOSE: This item is to approve service agreement for the document imaging project for Vital Records. BACKGROUND AND FINDINGS: Vital records are currently housed in the Vital records and Statistics at the Health District. Because of the aging condition of these vital documents, it is necessary to digitize records dating from 1950-2001 to retain and preserve these historical vital records that are at risk of being destroyed, lost, or damaged by natural and man-made exposures. There are an estimated 550,000 records that need to be digitized. This services is being procured through the Local Government Purchasing Cooperative dba BuyBoard which provides increased buying power for the City. The service agreement is for an amount up to $247,500 with a contingency of up to $2,500 for unforeseen expenses, with a total amount not to exceed $250,000. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Vital Statistics FINANCIAL IMPACT: Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $250,000.00 $0.00 $250,000.00 Encumbered / Expended Amount $.00 $.00 This item $250,000.00 $0.00 $250,000.00 BALANCE $.00 $0.00 $.00 Fund(s): General Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Ordinance appropriating $250,000 from the Vital Statistics Record Retention Committed Fund Balance in the General Fund; amending the budget; and authorizing a six-month service agreement with MCCi, of Tallahassee, Florida, for document imaging of vital records for the Corpus Christi-Nueces County Public Health District for a total amount not to exceed $250,000, via BuyBoard cooperative. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $250,000.00 are appropriated from the Vital Statistics Record Retention Committed Fund Balance in the No.1020 General Fund for document imaging of vital records for the Corpus Christi — Nueces County Public Health District. SECTION 2. The FY2017-18 Operating Budget adopted by Ordinance No. 031255 is amended to increase expenditures by $250,000.00. SECTION 3. The City Manager, or designee, is authorized to execute all documents necessary with MCCi, of Tallahassee, Florida, to approve a six-month Service Agreement for document imaging of vital records for up to $247,500.00, based on the cooperative purchasing agreement with Local Government Purchasing Cooperative dba Buyboard, and to include payment of an additional contingency amount of up to $2,500 for possible unforeseen expenses, for a total amount not to exceed $250,000.00. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION DOCUMENT IMAGING OF VITAL RECORDS BUYER: MINERVA ALVARADO BUYBOARD CONTRACT: 465-14 MCCi TALLAHASSEE, FLORIDA ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Document Imaging $247,500.00 1 $247,500.00 Contingency $2,500.00 1 $2,500.00 TOTAL $250,000.00 SC 0 > SERVICE AGREEMENT NO. 1726 U Document Imaging of Vital Records for Corpus Christi- 1852 Nueces County Health District THIS Document Imaging of Vital Records for Corpus Christi-Nueces County Health District Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and MCCi ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Document Imaging of Vital Records for Corpus Christi-Nueces County Health District 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 Document Imaging of Vital Records for Corpus Christi-Nueces County Health District ("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 six 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 $250,000.00, 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 12/15/17 Antwine Charles Health Department 361 .826.7324 AntwineC@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Antwine Charles Public Health Administrator 1702 Horne Road, Corpus Christi, Texas 78416 361 .826.7324 Fax: 361 .826.1343 IF TO CONTRACTOR: MCCi Attn: Russell Haddock Territory Leader P.O. Box 2235, Tallahassee, Florida 32316 800.342.2633 Fax: 850.564.7496 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits), B. its attachments, Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR 2 Signature: r Printed Name: Donny Barstow Title: President Date: 5.23.2018 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 l : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work SCANNING SOLUTION SCOPE OF SERVICES AND PROJECT PRICING The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy/electronic documents to be converted. PROJECT SCOPE -All estimates are based on information provided by the Client General Description Document Size: Regular up to 11"x 17" Department: Corpus Christi- Nueces County Public Health District Document Types: Vital Records(Birth/Death) 1950-2001 Document Count: Estimated 550,000 Total Documents. *Corpus Christi estimates that 75916 of the documents are one page each (412,500). The remaining 25916 is estimated to average 2 pages each(137,500). Image Count: 412,500 Documents at 1 page each =412,500 images 137,500 Documents at 2 pages each =275,000 images Total Image Count=687,500 images • Document Preparation: Current Storage Method: File Folders Condition of documents: Good Condition • Image Processing & Indexing DPI & Color: 300 DPI, Black&White Number of Index Fields: Up to 5 Fields(Document name counts as an index) Total Index Fields = 2,750,000 Document Naming Convention: Fields to be Indexed: First Name, Last Name, Date of Birth, Date of Death, Maiden Name Optical Character Recognition: Not Included-OCR can be completed on the City's Laserfiche system upon import. MCCi will assist with this import process. Image Output Method of Delivery: Removable Hard Drive Output Type Laserfiche Briefcase • Material Handling Logistics: Onsite Scanning Terms: MCCi will provide all hardware equipment and personnel to complete the onsite scanning. Project assumes Corpus Christi can provide space for up to 4 people, 2 computers, and 2 scanners or 1 large scanner. MCCi also request the City provide 2 large prep tables,4 chairs, internet access, power, and parking. Page 1 of 1 Attachment B: Bid/Pricing Schedule PROJECT PRICING Project I - Conversion of Documents $247,500.00 estimated cost Excess Images C $0.24 Contingency Amount $2,500.00 Total $250,000.00 BuyBoard Pricing: The pricing and terms in this contract are derivative of the "Not-To- Exceed" digitization rates that were competitively sourced through the BuyBoard's Document Scanning Services contract #465-14. The rates and terms listed are based upon the complexity and volume of the project(s) outlined in this contract. Page 1 of 1 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and 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 Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 ERRORS & OMISSIONS $1 ,000,000 Per Occurrence $1 ,000,000 Aggregate Page 1 of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 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. 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing - Health Dept. MCCI Document Imaging of Vital Records 05/14/2018 sw Risk Management Bond not required for this service Page 3 of 3 Attachment D: Warranty Requirements Any corrections such as rescans or indexing changes must be brought to MCCi's attention within 90 days of the date that MCO delivers the data to the Client. Corrections will not be made after 90 days. MCO has included scanning preparation in this proposal; however; reprep is not included. The records will be placed back in boxed in the order received but will not be bound or clipped back together. Corpus Christi indicated a desire to store these offsite, thus not needing access to them and relying on the digital images for day to day use. Page 1 of 1 se O AGENDA MEMORANDUM NCORPORPSE 1852 Public Hearing and First Reading for the City Council Meeting of June 19, 2018 Second Reading for the City Council Meeting of June 26, 2018 DATE: May 22, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 4821 Ayers Street CAPTION: Case No. 0418-01 4821 Ayers, LLC. & Tawil Enterprises, LLC: Ordinance rezoning property at or near 4821 Ayers Street from "IL" Light Industrial District to the "CG-2" General Commercial District. PURPOSE: The purpose of this item is to allow for the construction of an indoor recreation (Bingoland Use) and a retail development. RECOMMENDATION: Planning Commission and Staff Recommendation (May 2Planning Commission and Staff Recommendation (May 2, 2018): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Midtown Area Development Plan (ADP), former Southeast ADP, and is planned for commercial uses. The proposed rezoning to the "CG-2" General Commercial District is consistent with the adopted Comprehensive Plan. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: 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. 0418-01 4821 Ayers, LLC. & Tawil Enterprises, LLC: Ordinance rezoning property at or near 4821 Ayers Street from "IL" Light Industrial District to the "CG-2" General Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of 4821 Ayers, LLC. & Tawil Enterprises, 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, May 2, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District and on Tuesday, June 19, 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 4821 Ayers, LLC. & Tawil Enterprises, 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 an 8.48 acre tract of land out of Lot 16, Section D, Paisley Subdivision of the Hoffman Tract, a map of which is recorded in Volume A, Page 28, Map Records, Nueces County, Texas, located on the west side of Ayers Street, south of Gollihar Road, and north of McArdle Road (the "Property"), from the "IL" Light Industrial District to the "CG-2" General Commercial District (Zoning Map No. 048039), 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\2018\0418-01 4821 Ayers, LLC.&Tawil Enterprises, LLC\Council Documents\Ordinance_0418-01 4821 Ayers, LLC.&Tawil Enterprises, 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 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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\0418-01 4821 Ayers, LLC.&Tawil Enterprises, LLC\Council Documents\Ordinance_0418-01 4821 Ayers, LLC.&Tawil Enterprises, LLC.docx Page 3 of 3 EXHIBIT "A" Property Description State of Texas County of Nueces Field Notes for a 8.48 acre tract of land out of Lot 16, Section D, Paisley Subdivision of the Hoffman Tract, a map of which is recorded in Volume A, Page 28, Map Records, Nueces County, Texas, said 8.48 acre tract of land being more fully described by metes and bounds as follows: Beginning at a 112 inch iron rod with cap stamped "RIO DELTA SURVEYING" set on the West boundary of Ayers Street, a 100,000 foot wide public roadway, for the South corner of Lot 3J, Block 2, Behmann Addition, a map of which is recorded in Volume 63, Page I43, Map Records, Nueces County,Texas,for the Northeast comer of this tract; Thence, South 28 degrees 30' 30" West, along the West boundary of said Ayers Street, same being the East boundary of this tract, a distance of 366.38 feet to a 1/2 inch iron rod with cap stampcd "RIO DELTA SURVEYING", set for the East corner of Lots 4-B, Block 2, Behmann Addition, a map of which is recorded in Volume 48, Page 198, Map Records, Nueces County, Texas,and for the Southeast corner of this tract; Thence, North 61 degrees 38' 00" West, along the North boundary of said Lots 4-B, same being the South boundary of this tract, a distance of 998.44 feet to a 5/8" iron rod found on the East boundary of Crosstown Expressway, a public roadway, for the North corner of said Lot 4B, and for the Southwest corner of this tract; Thence, North 24 degrees I P 30" East, along the East boundary of said Crosstown Expressway, same being the West boundary of this tract, a distance of 175.45 feet to a point (no monumentation found or set), for a corner of this tract, from which a found concrete monument with brass disc bears North 42 degrees 31"37" East, a distance of 0.15 feet; Thence, North 28 degrees 17' 30" East, continuing along the East boundary of said Crosstown Expressway, same being the West boundary of this tract, a distance of 191.39 feet to a point (no monumentat on found or set) being the West corner of Lot 3F, Block 2, Behmann Addition, a map of which is recorded in Volume 60,Page 132, Map Records,Nueces County, Texas, and for the Northwest comer of this tract, from which a found concrete monument with brass disc bears South 38 degrees 55' 11" West, a distance of 0.70 feet. Thence South 61 degrees 38' 00" Fast, along the South boundary of said Lots 3F, 3J and 3G, Block 2, Behmann Addition, a map of which is recorded in Volume 60, Page 132, Map Records, Nueces County, Texas, and Lot 3K, Block 2, Behmann Addition, a map of which is recorded in Volume 63, Page 143, Map Records,Nucces County, Texas, same being the North boundary of this tract, a distance of 1,012.37 feet to the Point of Beginning and containing 8.48 acres (369,557 square feet)of land. 4 Is 51024 NH TOP 33.69 FL 34.19 STORM NN SAN SEW 4N TOP 33.29 7.. - 34.47 F.L 30.78 on se, F.L .2x.47 y� r- !. M 10' UTILITY EASE u sAN sEw uN - x uN ��� i.OL .2679 DOC jj 2003013112 O.R. TOP pens F.L .2699s�«�'� 1 s II, 9 -�ilS1'3@'00"_1Ng"1: 44' Er yaw _ LOT 4-B, BLOCK 2 BEHMANN ADDITION VOL. 46 PG 198 M.R. NUECES CO. TX 510RN 4N 70P 3493 F.7. 29.73 LOT 3F, BLOCK 2 BEHMANN ADDITION VOL. 60 PG 132 M.R. NUECES CO. TX 10' U.E. _s_Fy1'3g'nn" _E_~ ..d. LOT 3G, BLOCK 2 BEHMANN ADDITION VOL. 60 PG 132 M.R. NUECES CO. TX LOT 3K, BLOCK 2 • BEHMANN ADDITION VOL. 60 PG 132 M.R NUECES CO. TX 3w .t- 8.48 ACRES VACANT aLs 15U.E. dos Dr2:37- .b. LOT 3J. BLOCK 2 BEHMANN ADDITION VOL. 60 PG 132 M.R. NUECES CO. TX L. 40' WIDE CPL EASE - VOL. 188 PG 588 D.R. PLAT SHOWING Field Notes for 8.48 acre tract of land out of Lot 16, Section D. Paisley Subdivision of the Hoffman Tract, a map of which Is recorded in Volume A, Page 2 . Mop Records of Nueces County, Texas, said 8.48 acre tract of land being more fully described by metes and bounds as follows: Beginning at a 1/2 inch iron rod with cap stamoed "RIO DELTA SURVEYING" set on the west boundary of Ayers Street, a 100.00 foot wide public roadway, for the south corner of Lot 3J, Block 2, Behmann Addition, o mop of which is recorded N Volume 63, Page 143, Mop Records of Nueces County Texas, for the northeast comer of this tract; Thence, South 28'30'30" West, along the west boundary of said Ayers Street, same being the east boundary of this tract, o distance of 366.38 feet to a 1/2 Inch Iron rod with cap stamped "RIO DELTA SUREVEYING" set for the east comer of Lot 4-8, Block 2, Behmann Addition, a map of which Is recorded In Volume 48, Page 198, Map Records of Nueces County, Texas, and for the southeast corner of this tract; Thence, North 61.38'00" West, along the north boundary of sold Lot 4-8, same being the south boundary of this tract, a distance of 998.44 feet to a 5/8 Inch rod found on the east boundary of Crosstown Expressway, a public roadway, for the north corner of sold Lot 4-13, and for the southwest comer of this trout, Thence, North 2411'30" East, along the east boundary of said Crosstown Expressway, same being the west boundary of this tract, o distance of 175.45 feet to point (no monumentation found or set) for a comer of this tract, from which a found concrete monument with brass disc bears North 42'31'37" East, a distance of 0.15 feet; Thence, North 281730" East, continuing along the east boundery of said Crosstown Expressway, same being the west boundory of this tract, a distance of 191.39 feet to a point (no monumentation found or set) being the west corner of Lot 31, Block 2, Behmann Addition, a mop of which is recorded In Volume 60, Page 132, Map Records of Nueces County, Texas. and for the northwest comer of this tract, from which a found concrete monument with brass disc bears South 381511" West, o distance t of 0.70 fee Thence, South 61'38'00" East, olong the south boundary of said Lots 3F and 3,1, Lot 30, Block 2, Behmann Addition, o map of which is recorded In Volume 6D, Page 132, Mop Records of Nueces County, Texas, and Lot 310, Block 2, Behmann Addition, a mop of which is recorded in Volume 63, Page 143, Mop Records of Nueces County, Texas, some being the north boundary of this tract, a distance of 1,012.37 feet to the Point of Beginning and containing 8.48 acres (369,557 square feet) of land. JOB NUMBER RIO 17 216 O CAPTRIGHT 2011 RIO DELTA SURVEINO 14415 SURVEY WAS P40300 IN MULTIPLE ORIGINALS SOLELY FOR THE USE OF THE BDRRO0ER NAMES HEREON. N0 LIEEN5E HAS BEEN CREATED, EXPRESSED OR I4PUED TO COPY THIS SURVEY. LEGEND ASPHALT saMACE =CAW DAMNS ware urns MIER WS =Nee sox RAE mown OAS wen kOT ANDIDI Mal Pelt BUIS Dalt MONO SET rue 505/'may tetameless MRA WE Wine vneOLNIE in POWERFENCE SR 7/5' Rao IN/ CO SCHEDULE 8 ITEMS �IIq • 1040 105 Right -of -Way dated July 22, 1929, from Clark Pease to Central Power and Light Company, recorded In Volume 188, Page 568, Deed Records, Nueces County, Texas. Partial Release and Delineation of Right -of -Way dated January 10, 1972, filed July 18, 1984, executed by Centro) Power and Light Company to Clark Pease, recorded under Clerk's File No. 386475, Volume 1926, Page 759. Deed Records, Nueces County, Texas PLOTTED 10i Utility Easement dated March 7, 2003, executed by and between Crosstown Holdings, Ltd., and the City of Corpus Christi, Texas, recorded under Document No. 2003013112, Official Public Records, Nueces County, Texas. PLOTTED FLOOD ZONE DESIGNATION: ZONE "C" COMMUNITY -PANEL NUMBER: 485464 0285 C MAP REVISED: SEPTEMBER 17, 1992 The undersigned hereby certifies to Juan R. Cisneros, Trustee and Fidelity National Title Insuronoe Company, as follows: 7. That on the 281h day of July, 2017. this survey was made on the ground as per the field notes shown on this survey and Is True, correct and accurate as to Inc boundaries and areas of the subject property and the size, and type of buildings. structures and improvements thereon and os to ell other matters shown thereon; 2. That there are no discrepancies, conflicts, shortages in area, encroachments, protrusions or overlopping of improvements, easements or woterwoys; 3. Thot all of sold buildings, structures and improvements are in compliance with all setback lines on Ile or of record in the Real Property Records of Nueces County, Texas; 4. That this survey correctly shows the location of all easements, rights-of-way, Improvements, Mons, fences. droinage ditches, ro3roede. streams, bu5ding setback lines, party walls and encroachments visible on the ground, or of record. or of which I have knowledge ar hove been advised, whether or not of record. afletling the subject property, 5. That the subject properly has unrestricted ingress and egress to and from a dedicated public street. and that gas, electric, telephone. Looter and sanitary sewer service ore available of the subject property, e. No portion of the subject property Ices within Zone A (IDU-yeor flood plain), as depicted on the most recent Notional Flood k,suronce Program Flood Insurance Rale Mop prepared by The Federal Emergency Management Agency, 7. That the swore footage of the property Is 369,557 square feel, the av erne square footage of the butdngs and other structures shucked upon the properly Is0.0 square feet. there ore no parking spaces situated upon the property, and that parking spores ore required by applicable zoning ordinances for such improvements based on the intended use of such improvements; 6. That Ingress ond egress to the subject property is provided by Ayera Sl & Crosstown Expressway upon which The property fronts, the some being a paved and dedicated public right-of-way maintained by The City of Corpus Christi, Texas & T0dal 9. The subject properly does not serve and Is not served by any odoinhg property for ingress and egress, parking or any other purposes e.cept ler the following molten shown on the survey 10. The survey complies with the current Society of Professional Surveyors Standards and Specifications for o Category IA, Condition 11 survey and the some is accurate, true and coned to the best of my knowledge and belief. A title repot on which The undersigned relies was supplied by Pidenty National Title Insurance Company, dated May 24, 2017, GF No. 174812029 Dated: Augiusl 01, 2017 SURVEYOR: Jose M miler By Registered P esaional Surveyor 5571 RIO DELTA SURVEYING 24593 FM 88, MONTE ALTO. TX 78538 (TEL) 950-300-5154 (FAX) 958-300-5156 EMAIL: T.B AARIOBRNIODELTA1UR1VaE9YI G.COM PLANNING COMMISSION FINAL REPORT Case No. 0418-01 INFOR No. 18ZN1007 Planning Commission Hearing Date: May 2, 2018 Owner: 4821 Ayers LLC. & Tawil Enterprises LLC. Applicant: AEC Engineering, LLC. U M Location Address: 4821 Ayers Street — J ' Legal Description: 8.48 acre tract of land out of Lot 16, Section D, Paisley QSubdivision of the Hoffman Tract, a map of which is recorded in Volume A, Page 28, Map Records, Nueces County, Texas, located on the west side of Ayers Street, south of Gollihar Road, and north of McArdle Road. From: "IL" Light Industrial District c a To: "CG-2" General Commercial District 'E s Area: 8.48 acres N Purpose of Request: To allow for the construction of an indoor recreation (Bingoland Use) and a retail development. Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Vacant Commercial Commercial and _ North "IL" Light Industrial Professional Office Commercial . N io South "IL" Light Industrial Commercial Commercial = Commercial and "CG-2" General Commercial and N East Commercial Professional Office Medium Density X Residential LU Commercial Permanent Open West "RS-6" Single-Family 6 and Park Space and Commercial Ca Area Development Plan: The subject property is located within the boundaries a of the Midtown Area Development Plan (ADP), former Southeast ADP, and is M ° planned for commercial uses. The proposed rezoning to the "CG-2" General a o Commercial District is consistent with the adopted Comprehensive Plan. a Map No.: 048039 Zoning Violations: None Transportation and Circulation: The subject property has approximately 372 = feet of street frontage along Ayers Street which is designated as an "A1" Minor ° Arterial Street and approximately 371 feet of frontage along State Highway 286 which is designated as a "F1" Freeway/Expressway. Improvements to Ayers ° Street from Gollihar Road to South Padre Island Drive (State Highway 358) 0- N were approved as part of Bond 2014. Improvements will involve storm water L drainage and the addition of a center turn lane. The site is serviced by Route 19 of the Corpus Christi Regional Transit Authority. The closest bus stop is 200 feet to the north in front of the Family Thrift Store. Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume O Type 0� Ayers "A1" Minor Arterial 95' ROW 93' ROW 22,244 Street Street 64' paved 63' paved ADT (2014) m N State "F1" 400' ROW 300' ROW 7,467 ADT 286 Highway Freeway/Expressway Varies paved 265' paved (2012) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District to allow for the construction of an indoor recreation (Bingoland Use) and a retail development. Development Plan: The subject property is 8.48 acres in size. The owner is proposing a multi-phase retail development. Phase one consists of a bingo hall development consisting of four buildings totaling approximately 46,000 square feet. A possible phase two would consist of a retail strip center approximately 23,000 square feet in size. Existing Land Uses & Zoning: The subject property is currently zoned "IL" Light Industrial District and consists of vacant land. The subject property was zoned "IL" Light Industrial in 1954 at the time of annexation. To the north are properties zoned "IL" Light Industrial District. The specific uses are a retail thrift store, a vehicle repair shop, a convenience store, and a bank. To the south is a large multi-tenant retail development (Mission Shopping Center) that is zoned "IL" Light Industrial. To the east is State Highway 286 (Crosstown Expressway). To the west is Ayers Street and various retail, restaurant, and bar/nightclub properties zoned "CG-2" General Commercial 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 Midtown Area Development Plan (ADP) and former Southeast ADP. The proposed rezoning to the "CG-2" General Commercial District is Consistent with the adopted Comprehensive Plan (Plan CC) based on the following policies: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) Staff Report Page 3 Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan. • The proposed rezoning is 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 unplatted "IL" Light Industrial tract. The property has not been developed since annexation in 1954. • No recent rezonings have occurred in the area. The most recent rezoning case occurred in 2005 for a hotel south of Mission Shopping Center located south of the subject property at the intersection of Ayers Street and South Padre Island Drive (State Highway 358). • While Bingoland is proposing four buildings (see preliminary site plan), the Texas Occupations Code states: Sec. 2001.402. Single Premises. (a) Bingo may not be conducted at more than one premises on property owned or leased by a licensed authorized organization. This will limit the operation to only one building being allowed to operate at any time. Bingo halls are regulated by the Texas Lottery Commission. • Due to the adjacency of properties zoned "IL" Light Industrial, a Type A buffer yard will be required to the north and to the south. Type A buffer yards consist of a 10 foot buffer yard with a required 5 points. The points are accrued through the construction of a 6 foot solid screening fence. The property owner will be seeking relief from the requirement to the south as Mission Shopping Center and the proposed Bingoland development are under common ownership and a proposed shared driveway will divide the commercial properties. Planning Commission and Staff Recommendation (May 2, 2018): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Number of Notices Mailed — 12 within 200-foot notification area 5 outside notification area 0 As of April 27, 2018: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 1 inside notification area — 0 outside notification area a Totaling 2.39% of the land within the 200-foot notification area in opposition. Staff Report Page 4 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0418-01 4821 Ayers,LLC.&Tawil Enterprises,LLC\Council Documents\Staff Report_0418-01 4821 Ayers,LLC.&Tawil Enterprises,LLC.docx U Q 0 �Q W N W RS-6 = A.Ajh� (!� 10 .r 0 3 4 ,Va`D SUBJECT 1 PROPERTY �� 2 /L 9 Q 7 v 5 CG-2 �� 6 0 12 8 v Qv""-RS-6 11 �lCgR. Date Created:411712018' 0 400 800 PreparedBy.tJeremyM Feet Department of Development Services CASE: 0418-01 oy��° "e9< ,N N ZONING & NOTICE AREA —\HORNF 7�y `93 RM-1 Multifamily 1 IL Light Industrial Vic, RM-2 Multifamily 2 IH Heavy Industrial / v RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay SUBJECT ON Professional Office RS-10 Single-Family 10 PROPERTY RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 ZQry hD `" CN-2 Neighborhood Commercial RS-TF Two-Family 5 ,FDy CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential EstateCG-1 G eral Commercial RS-TH Townhouse CG-2 General Commercial 0��o s co<`y'9R SP Special Permit Cl Intensive Commercial aFs CBD Downtown Commercial RV Recreational Vehicle Park RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural v H Historic Overlay BP Business Park w E or'y FE-21Subject Property Owners S/ �O<-6y City Of with 200'buffer O in favor Corpus 4 Owners within 200'listed on �/ Owners LOCATION MAP Christi attached ownership table X in opposition Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact 1 the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con incapacidades. Que tienen la intencion_de asistir a esta iunta y_au_e requieren servicios especiales, se les su0ica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, at numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante_ la iunta v su inciles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero(361)826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0418-01 4821 Avers LLC. &Tawil Enterprises LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the"IL" Light Industrial District to the "CG-2" General Commercial District, not resultina in a change to the Future Land Use Map.The property to be rezoned is described as: 4821 Ayers Street and being 8.48 acre tract of land out of Lot 16, Section D, Paisley Subdivision of the Hoffman Tract, a map of which is recorded in Volume A, Page 28, Map Records, Nueces County, Texas, located on the west side of Ayers Street, south of Gollihar Road, and north of McArdle 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. May 2, 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,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name: r 1,6 l n. Address: ,`�C G City/State: ( ) IN FAVOR (/IN OPPOSITION Phone; REASON: �e Signatu SEE MAP ON REVERSE SIDE Case No.0418-01 INFOR Case No.:18ZN1007 Project Manager Andrew Dimas Property Owner ID:5 Email.andrewd2@cctexas,com a 1Ir11111reljirrrl[��(!'�ffi�r �lr�ll�I��lr�rf(��rt �tlrirl�rrl,f� sr��_;r�{ ESTCST - r� U.S.POSTAGE})PITNEY BOWES City of Corpus Christi ZIP 78401 t * - 02 4YY 000tr474 Development Services Dept. 0000340617 APR 20 2018 P.O.Box 9277 Corpus Christi,Texas 78469 5 8289-0002-0050 Y 8A J TREVINO PROPERTIES, P.O.Box 153 Driscoll,TX 78351 p r• fir. n . ... Fy �a N. /f ^14l q GC, I ` lb A40 IV �3 �h� �r / SuaJECTA. %� ry�� PROPERTY �4. CG-2 f S. C iv ". 0 �p0 -OP-1 pp-1 F a.a.nxtrw a.W.uePnrM CASE: 0498-09 SUBJECT PROPERTY WITH ZONING sl..ra El PMperrr, `\ sve,reer / PROPERTY RM•I Yell MlMry 1. L L4Y I•W.trW F RYS YWIWYR(! y W.yr RIW.Na7 / �, 4 RY! Y-n H.-x,7 Ppp ►Yn(nldpnf Ll...p.w:., � d �.\ `� *m P mN ft 1plll.r Ri rp sYp..nwry,o y /y\ RY�AI ftjo Al Rif iiryu CR 1 IwrlgpinibrbeY RiJi iwpY�Fwq.1 CR.I RrertCxwn.renl Ir.4 lbpin l.wry 1. V �Fh M-0 R..an Ce-in.rcMl AV CCI twn.nt tw.w.nul RSFN RM1iMbtrr / �'� 1 .nl CwMl cl 1- rnl CRO p.—:?- nn w � RrraTYrl W'+gyp P.R TT AYH M-..n C[wN MpM 4r�• CR.! RrwlCww..nwl w R Ix.IwM p..H., OCA710M MAP r _ I� � -!. CntpuS . 1111111111111111111 M m I III � IIIIIIIIIIIIIIJI011 A 17miniiiiiin �. PHASE I: ,j III D o 1 BINGO I-NIGHT TIME 12,096 SF ��C7 o I zo I BINGO II-DAYTIME 10,080 SF 4951 w/STORAGE 4,032 SF \S AVAILABLE - BINGO III-AFTERNOON 10,080 SF M'" SF BINGO NIGHT 10,080 SF _ I TOTAL BLDG.LDG.S.F.S. 46,368 SF LJ l l l l u � PHASE � PARKING AVAIL, 31S1111 20 u�__�_�_f__f,I III I > ll,l„IR,I U U 1 0 zd I I I Il - i �'„I„I2,I CANDLEWOOD T ,,. z UES T 7 Nu IIIIIIIIIIIIIIIIIIIIIIIIIII� LL PHASE II: PAD SITE P _ _ _ _ g _ _ _ RETAIL BLDG. 22,700 SF s 8,8 TOTAL BLDG.S.F. 22.700 SF 2 COMPAS �' l _ PARKING REQ. 101 SPACES O u PHASE II PARKING AVAIL. 152SPACES W11�u10 Jo oULLLLLI— I I I I I I I I— . AYERS STREET MISSION PLAZA SHOPPING CENTER C.C.-BINGO LAND 0 a OPEN LAND - 8.49 ACRES :5 4821 Ayers Street,Corpus Christi,Texas 78415 MASTER SITE PLAN -SCHEME 12 CBG Commercial Real Estate September 26,2017 Il I • I 1 Zoning Case #0418-01 4821 Ayers, LLC. and Tawil Enterprises, LLC. Rezoning for a Property at 4821 Ayers Street City Council Presentation June 19, 2018 J Aerial Overview s.4 r iiIIII }� � � _�, � - -� � ,� per.•,� � .• `�6 °�o i� �, , • ^.�� � ' •7'�°7 �, ®}iii® � ��, ,� � e 2 Subject Property at 4821 Ayers Street 7. ' Vicinity Map (c)OpenStreetMap and contributors, Creative Cammons-Share AIikF License{4GBV;SA} 3 Zoning Pattern v X I` I e• ED o ° logs toss ism L a ' ° 034 ����a �o g 19)go o 10@5 4 t'"' % -= Staff Recommendation Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Site Plan JTM 1 IHHFHH}HI /'� OfH+H{Ifllfff�IN�V + [H�HIIHHffH) 1 11711 IIIn 11111 in _ PHASE 1: �y�P / I c � I R..cof ow�iw�e looeo�5f \Stip I fTTiTTiII TRTTIII C I w/STORAGE 4.0325E _ AEIICO fI-AFiFiINOON 10.E .oao. LL.W.WJLW11111 —_ n- /� I �1 I i0iwi&CG-tfw�1 N.36ESf / III I FlUISEI � P wRK1NG wvµ. 32R SEwORS DIIIIIIIIIIIIIII I IIIIIIIIIIII0 ( � IT TPRiTRI OI III III III II III II I I DIIII II III III III 11111111111 FUMTnm nml 011111111111111111111110 DIIIIIIIIIIIIIII Illllll1111N— Z 0IIIIIIIIIIIIIIIIIIIIIID DIIIIIIIIIIIIIII IIIIIIIIIIIIV T�DIIIIIIIIIIIIIII IIIIIIIIIIIIN I W PHASE II: PAD SIZE I ��l u w a g�R RETAR.elnG. 22.20 —S.F. 22.AOSF7 — o fly—�IIIII IIII IIII II IJRTMTMTFm I PAR[INGR— 101ST—B �� PXASER 1A.—AVAIL 152 ES 141JJ IIILIIII IIIIII IIIIIII llllll ,1-n unlnnuuunllPl� AYERS STREET MISSION PLAZA SHOPPING CENTER — C.C.-BINGO LAND 6 Site Plan d A V if t (—"rTTEI I U I I I I I I HI III Ulu I Ul ---------- SF In 1 0�8 UDC Requirements �= Y --4 �• Buffer Yards: CG-2 to IL: 10' & 5 pts. �r3� �ti -• _� � �_ Setbacks: Street: 20 feet Side & Rear: 0 feet Parking: 1:100 sf. GFA 1:250 sf, net retail area k k f Landscaping, Screening, and - M> 1 2 Lighting Standards Uses Allowed: Retail, Office, Indoor Recreation, Bars, Vehicle Sales, Self-Storage, and Multifamily Uses. f"% Public Notification 12 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Q Notification Area ���tim� 4 f Opposed: 1 (2.39%) e, susJEer ti ` e v 06 A c In Favor: 0 �A \ ��/ (\�e.rcm.rororyeioa.r../l/rrnnniii` 9 se O AGENDA MEMORANDUM NCORPORPSE 1852 Public Hearing and First Reading for the City Council Meeting of June 19, 2018 Second Reading for the City Council Meeting of June 26, 2018 DATE: May 22, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Public Hearing and First Reading Ordinance — Rezoning property at or near 4001 Leopard Street CAPTION: Case No. 0418-02 Corpus Christi's Limousine's Unlimited, Inc.: Ordinance rezoning property at or near 4001 Leopard Street from "CG-2" General Commercial District to the "IL" Light Industrial District. PURPOSE: The purpose of this item is to allow for the installation and operation of a crematorium in addition to the existing funeral home. RECOMMENDATION: Planning Commission and Staff Recommendation (May 2, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof approval of the "CG-2/SP" General Commercial District with a Special Permit (SP) with conditions. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: 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. 0418-02 Corpus Christi's Limousine's Unlimited, Inc.: Ordinance rezoning property at or near 4001 Leopard Street from "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Corpus Christi's Limousine's Unlimited, 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, May 2, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit and on Tuesday, June 19, 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 Corpus Christi's Limousine's Unlimited, 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 Lots 2 thru 5, Villa Gardens Annex, located on the south side of Leopard Street, west of Villa Drive, and east of Van Cleve Drive (the "Property"), from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit (Zoning Map No. 049045), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the property, and Exhibit B, which is a site plan, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Crematorium" as defined by the Unified Development Code (UDC). 2. Hours of Operation: The operation of the crematorium is limited to the hours from 7:00 AM to 10:00 PM. Operation of the crematorium outside of these hours is prohibited. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\Legistar\2018 CC Agenda Items\6-19-2018\Zoning\0418-02 Corpus Christi Limousines Unlimited, Inc\Ordinance_Special Permit_0418-02 Corpus Christi Limousines Unlimited, Inc..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 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\Legistar\2018 CC Agenda Items\6-19-2018\Zoning\0418-02 Corpus Christi Limousines Unlimited, Inc\Ordinance_Special Permit_0418-02 Corpus Christi Limousines Unlimited, Inc..docx Page 3 of 3 RS-6 6 G P1�6,1 RM-1 R.-S-6 5 CG-2 SUBJECT CG-2 14 s PROPERTY 0 LEOPARD ST IL 1 2 12 11 O �2v ��Q\�` 13 10 $ J 4 9 IN-5 15 C RS-6 �F sr �R R Date Created:411712018 0 400 800 Prepared By:'Joanna Scott Feet Department of Development Services CASE: 0418-02 ZONING & NOTICE AREA syq --------------- RM-1 Multifamily 1 IL Light Industrial CHANNEL 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-ATMultifamily AT RS-6 Single-Family6 CNA Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CRA Resort Commercial RS-15 Single-Family 15 LEOPARD CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit SUBJECT CI Intensive CommercialPROPERTY CBD Downtown Commercial RM Recreational Vehicle Park RMH Manufactured Home ACNES CR-3 Resort Commercial FR Farm Rural H Historic Overlay a BP Business Park aSubject PropertyO Owners S z City Of with 200'buffer in favor ay�o COrpUS 4 Owners within 200'listed on V Owners ILOCATION Christi attached ownership table /%in opposition BEAR � | � ■ \ �, § # � § F � ƒ � �- .] � � � P 2 ¥ � | � | : .o 41-6 � � } . � � m . . ).f me c ! � / 2 wr | E2 ! m Case No. 0418-02 Corpus Christi's Limousine's Unlimited, Inc.: Ordinance rezoning property at or near 4001 Leopard Street from "CG-2" General Commercial District to the "IL" Light Industrial District (3/4 vote required) WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Corpus Christi's Limousine's Unlimited, 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, May 2, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District and on Tuesday, June 19, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, then the amendment shall not become effective except by a favorable vote of at least three- fourths of all members of the City Council; 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 Corpus Christi's Limousine's Unlimited, 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 Lots 2 thru 5, Villa Gardens Annex, located on the south side of Leopard Street, west of Villa Drive, and east of Van Cleve Drive (the "Property"), from the "CG-2" General Commercial District to the "IL" Light Industrial District (Zoning Map No. 049045), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the property, and Exhibit B, which is a site plan, 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\Legistar\2018 CC Agenda Items\6-19-2018\Zoning\0418-02 Corpus Christi Limousines Unlimited, Inc\Ordinance_0418-02 Corpus Christi Limousines Unlimited, Inc-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 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\Legistar\2018 CC Agenda Items\6-19-2018\Zoning\0418-02 Corpus Christi Limousines Unlimited, Inc\Ordinance_0418-02 Corpus Christi Limousines Unlimited, Inc..docx Page 3 of 3 RS-6 6 G P1�6,1 RM-1 R.-S-6 5 CG-2 SUBJECT CG-2 14 s PROPERTY 0 LEOPARD ST IL 1 2 12 11 O �2v ��Q\�` 13 10 $ J 4 9 IN-5 15 C RS-6 �F sr �R R Date Created:411712018 0 400 800 Prepared By:'Joanna Scott Feet Department of Development Services CASE: 0418-02 ZONING & NOTICE AREA syq --------------- RM-1 Multifamily 1 IL Light Industrial CHANNEL 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-ATMultifamily AT RS-6 Single-Family6 CNA Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CRA Resort Commercial RS-15 Single-Family 15 LEOPARD CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit SUBJECT CI Intensive CommercialPROPERTY CBD Downtown Commercial RM Recreational Vehicle Park RMH Manufactured Home ACNES CR-3 Resort Commercial FR Farm Rural H Historic Overlay a BP Business Park aSubject PropertyO Owners S z City Of with 200'buffer in favor ay�o COrpUS 4 Owners within 200'listed on V Owners ILOCATION Christi attached ownership table /%in opposition BEAR � | � ■ \ �, § # � § F � ƒ � �- .] � � � P 2 ¥ � | � | : .o 41-6 � � } . � � m . . ).f me c ! � / 2 wr | E2 ! m PLANNING COMMISSION FINAL REPORT Case No. 0418-02 INFOR No. 18ZN1008 Planning Commission Hearing Date: May 2, 2018 = Owner: Corpus Christi's Limousines Unlimited, Inc. Applicant: Saxet Funeral Home 'L Location Address: 4001 Leopard Street QLegal Description: Villa Gardens Annex, Lots 2 thru 5, located on the south o side of Leopard Street, west of Villa Drive, and east of Van Cleve Drive. From: "CG-2" General Commercial District To: "IL" Light Industrial District 'Es Area: 0.51 acres N �' Purpose of Request: To allow for the installation and operation of a crematorium in addition to the existing funeral home. Existing Zoning District Existing Land Use Future Land Use Site "CG-2" General Commercial Commercial Commercial a "CG-2" General _ North Commercial Commercial Commercial 0 o Public/Semi-Public Government and � N -0 South "RS-6" Single-Family 6 and Low Density Medium Density M Residential Residential "CG-2" General Public/Semi-Public Government and LU East Commercial and Vacant High Density Residential West "CG-2" General Commercial Commercial Commercial 06 Area Development Plan: The subject property is located within the boundaries a c of the Westside Area Development Plan and is planned for commercial uses. M ° The proposed rezoning to the "IL" Light Industrial District is inconsistent with a o the adopted Comprehensive Plan (Plan CC). a Map No.: 049045 Zoning Violations: None Transportation and Circulation: The subject property has approximately 136 o feet of street frontage along Leopard Street which is designated as an "Al Minor Arterial Street, approximately 223 feet along Villa Street which is o designated as a Local/Residential Street, and approximately 105 feet along Leigh Drive which is also designated as a Local/Residential Street. The site is serviced by Route 27 of the Corpus Christi Regional Transit Authority. The closest bus stops are 450 to the west and 300 feet to the east in front of Oak Park Elementary School. Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type C5 O Leopard "A1" Minor Arterial 95' ROW 105ROW 10,537 ADT Street Street 64' paved 64' paved (2014) 50' ROW 60' ROW Villa Street Local/ResidentialN/A 28' paved 34' paved Leigh Drive Local/Residential 50' ROW 50' ROW N/A 28 paved 30 paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG-2" General Commercial District to the "IL" Light Industrial District to allow for the installation and operation of a crematorium in addition to the existing funeral home. Development Plan: The subject property is 0.51 acres in size. The request is for a change in zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. The owner would like to operate a crematorium as part of the existing funeral home. According to the owner, due to the rising costs for burials, more people are choosing to be cremated. The crematorium will be an addition service provided by the existing funeral home. Due to stringent EPA standards, there will be no odor and very little smoke, if any at all, being emitted from the crematorium. Furthermore, the owner is aware that the requested "IL" District may not be suitable in an area abutting a public school and a residential area. Therefore the owner, is willing to accept a Special Permit for the crematorium subject to conditions imposed to other funeral homes. Existing Land Uses & Zoning: The subject property is currently zoned "CG-2" General Commercial District and consists of an existing funeral home business (Saxet Funeral Home). The subject property was annexed in 1939 and zoned "CG-2" General Commercial before 1960. To the north across Leopard Street are commercial uses zoned "CG-2" General Commercial District. Such uses include a Dollar General, self- storage, and various motels. To the south is a single-family residential subdivision (Villa Gardens Subdivision) and West Heights Baptist Church across Leigh Drive all zoned "RS-6" Single-Family 6 District. To the east is Oak Park Elementary School zoned "CG- 2" General Commercial District, a vacant lot zoned "RM-1" Multifamily District, and a single-family residential subdivision (Westland Subdivision). To the west are commercial uses zoned "CG-2" General Commercial. Such uses include an auto repair shop and various restaurants. 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. Staff Report Page 3 PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the proposed use is consistent with the following policies: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Given this overall purpose, the plan provides for a compatible configuration of activities with emphasis on protecting residential uses from incompatible industrial and commercial activities; the placement of commercial activities at locations with good access and high visibility; and the identification of environmental sensitive areas that should be preserved. Table 1 shows the proposed land use distribution for the Westside Area. (Policy Statement C.1) Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). • The proposed use (funeral home with a crematorium) is compatible with neighboring properties and with the general character of the surrounding area. The proposed use (funeral home with a crematorium) does not have a negative impact upon the surrounding neighborhood. • The potential rezoning to the "IL" Light Industrial District would have a negative impact upon the surrounding neighborhood as it would allow all uses allowed by right in the "IL" Light Industrial District. • Rather than rezoning to the "IL" District for the purposes of an accessory crematorium, a better option would be to grant the accessory crematorium use by Special Permit (SP). • The property is currently a funeral home that has operated at this location since 2007. • Currently there are only three licensed and operating crematoriums (Maxwell P. Dunne, Guardian, and Seaside) in Corpus Christi. Most recently, a rezoning including a Special Permit was granted for Trevino Funeral Home in October of 2017. • A potential text amendment to the Unified Development Code (UDC) is under consideration to allow crematoriums as an accessory uses to a funeral home business by-right. Planning Commission and Staff Recommendation (May 2, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof approval of the "CG-2/SP" General Commercial District with a Special Permit (SP) with the following conditions. 1. Uses: The only use authorized by this Special Permit other than uses permitted by right in the base zoning district is "Crematorium" as defined by the Unified Development Code (UDC). Staff Report Page 4 2. Hours of Operation: The hours of operation of the crematorium shall be daily from 7:00 AM to 10:00 PM. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Number of Notices Mailed — 15 within 200-foot notification area = 5 outside notification area 0 As of April 27, 2018: In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 0 inside notification area — 0 outside notification area a 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\2018\0418-02 Corpus Christi Limousines Unlimited,Inc.-Crematorium\Council Documents\Staff Report_0418-02 Corpus Christi Limousines Unlimited,Inc..docx Il I • I 1 Zoning Case #0418-02 Corpus Christi's Limousines Unlimited, Inc. Rezoning for a Property at 4001 Leopard Street City Council Presentation June 19, 2018 Qepus�N 4_ r V s - Leopard Street --�- SUBJECT m ,PROPERTN"�'�, r a w .` Subject Property at 4001 Leopard Street LEOPARD ST It Vicinity Map 0 s ;7K � e pJs ch', `#I y ?,penStree&ap and m tdh05k Creat ve Comm n%,Share Alike License(CC BY SA) 3 Zoning Pattern ADD lose OL ��3� Opp �1�7ak p`��� q�g 03 QS-4 Rao 19,I ' Is e X09 ED CM m Ise3 © 0 0 - o 4 OL��- Staff Recommendation Denial of the "IL" Light Industrial District in lieu thereof Approval of the "CG-2/SP" General Commercial District with a Special Permit (SP). Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Crematorium" as defined by the Unified Development Code (UDC). 2. Hours of Operation: The hours of operation of the crematorium shall be daily from 7:00 AM to 10:00 PM. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Site Plan 58924'07'E 198.27' n Vr u ,NI'u M1600' a-ao m' pmt Ir-1L1�r MyYr��1�f��IYM OI IM� t\NOf u IYYCL MM A, h 0.72 Att.. � mr try u� m "W j7j R 3 A-ILLm ,i7$' SITE PLAN m-14.11 ]Y i,yr,R SAXET FUNERAL HOME &CREMATORIUM 7 f"% UDC Requirements Buffer Yards: N/A Setbacks: Street: 20 feet i Street Corner: 15 feet LEOPARD 5T ,7�: ° „ ,�, ' Parking: 1:5 seats (Funeral Home) /' j Landscaping, Screening, and Lighting Standards Uses Allowed: Light Industrial Retail, y� q, Offices Vehicle Sales, Bars and Storage SC GO v AGENDA MEMORANDUM /rycnnpasp`1 First Reading Ordinance for the City Council Meeting of June 12, 2018 1852 Second Reading Ordinance for the City Council Meeting of June 19, 2018 DATE: May 11, 2018 TO: Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation FredS�cctexas.com (361) 289-0171 ext. 1213 Authorize lease agreement with United States Coast Guard (USCG)to construct additional parking lot and storage area at Corpus Christi International Airport in support of USCG Air Station- Corpus Christi. CAPTION: Ordinance authorizing a lease with the U.S. Coast Guard for 1 .61 acres to construct a parking lot and storage area at Corpus Christi International Airport, with a term of up to five years, in exchange for a monthly lease payment of $469.69. PURPOSE: The agreement sets out the terms and conditions between the City of Corpus Christi and USCG to lease 1 .61 acres of land on airport. The lease term is for up to a five year period (to be divided into and may be exercised as a three-month term, followed by four optional one-year terms and one nine-month term), in exchange for a monthly lease payment of $469.69. The leased airport property will be used for the construction of additional parking and storage area across from Sector Headquarters on Glasson Road. BACKGROUND AND FINDINGS: The USCG officially dedicated its Sector/Air Station Corpus Christi Headquarters located on airport property on March 2, 2018. The USCG Corpus Christi Sector carries out its' mission 24 hours a day, 365 days a year up and down the Texas Gulf Coast from Brownsville to Port O'Connor and in a variety of waterways. The mission includes search and rescue, law enforcement, Ports and Waterways Security, maritime Safety, Drug and Migrant Interdiction and Marine and Environmental protection. The General Services Administration (GSA) and USCG jointly worked on the design and construction of the USCG facility. The facility includes parking for approximately 200 vehicles. The USCG has determined that additional parking spaces are needed. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: N/A EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: ® Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 CIP onl Current Year Future Years TOTALS Line Item Budget $9,373,227 $9,373,227 Encumbered / Expended Amount 0 0 This item (additional revenue) $5,636 $5,636 BALANCE $9,378,863. $9,378,863. Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement with Exhibits Ordinance authorizing a lease with the U.S. Coast Guard for 1.61 acres to construct a parking lot and storage area at Corpus Christi International Airport, with a term of up to five years, in exchange for a monthly lease payment of $469.69. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a lease with the U.S. Coast Guard for approximately 1.61 acres to construct a parking lot and storage area at Corpus Christi International Airport, with a lease term of up to five years (to be divided into and may be exercised as a three-month term, followed by four optional one- year terms and one nine-month term), in exchange for a monthly lease payment of $469.69. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED this the day of ' 2018 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor STANDARD FORM 2 --EB FFFFF 15 U.S. GOVERNMENT LEASE FOR REAL PROPERTY ::p- : _--11-J)1 DATE OF LEASE LEASE No. ----82iEI=0021 Corpus Christi Intl Airport Parking Lot THIS LEASE, made and entered into this date by and between the City of Corpus Christi, acting by and through the Director of Aviation of the Corpus Christi International Airport, (hereinafter called the "Lessor"), whose address is 1000 International Drive, Corpus Christi, Texas 78406 and whose interest in the property hereinafter described is fee simple, as that of Owner, and the UNITED STATES OF AMERICA, acting by and through a duly authorized official of the Department of Homeland Security, the United States Coast Guard, (hereinafter called the"Government"): WITNESSETH: The parties, hereto for the consideration hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises, hereinafter referred to as the "Premises". Certain parcel of land of 1.61 acres, together with the improvements there on, bearing a street address of 200 Block of West Glasson Drive Corpus Christi TX 78406, further described as (centered) latitude 27.783085 with a longitude of- 97.509414 near adjacent to USCG Sector Corpus Christi TX, as shown in the attached and incorporated Exhibit A. The Government shall have unrestricted 24 hour access to the Premises parking lot 365 days per year. The Lessor shall provide 24 hours point of contact for any after-hour business activity. The Government shall contact Corpus Christi International Airport dispatch at 361-289-0171 ext 1258 with any after-hours request. 2. TO HAVE AND TO HOLD the said Premises with their appurtenances for the term beginning on July 1st , 2018, through September 30,2018, subject to termination and renewal rights as may be hereinafter set forth. OPTION. Subject to availability of funds,this Lease may, at the option of the Government be renewed annually(fiscal year)through June 30,2023. The Federal Fiscal Year(FY)runs 01 October to 30 September annually. The Government option shall be deemed exercised and the Lease renewed each year for one (1)year, with the last optional renewal period being nine (9)months in length, to the maximum term outlined provided notice is given in writing to the Lessor at least thirty(30)days before the end of the original lease term. All other terms and conditions of this Lease shall remain the same during the renewal term, unless otherwise agreed to by all parties with signed Supplemental Agreement to this Lease. 3. Rent payments shall be paid by electronic funds transfer and shall be made payable to: Corpus Christi International Airport.All rents are subject to Congress granting annual appropriations. 4. Rental payments shall be paid by: US Coast Guard Finance Center, 1430A Kristina Way, Chesapeake, Virginia 23326-1728. For help or assistance contact Customer Service at 800-564-5504 or 757-523-6940. 5. The Government shall pay Lessor annual rent in the amount of$5,363.28 at the rate of$469.69 per month, payable in advance. Rent for a lesser period shall be prorated. The Federal Fiscal Year(FY)runs 01 October to 30 September annually.An annual 3%escalation clause shall be authorized at the beginning of each FY commencing on October 1, 2023. 6. NOTICE. The Government may terminate this Lease by giving at least 90 days advance notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing from the date of receipt of termination notice. 7. This Lease will continue (14 U.S.C. §92f)with the same terms and conditions, unless and until the Government shall give notice of termination in accordance with paragraph 6, provided that adequate appropriations are available from year to year for payment of rentals, and provided further that this Lease shall in no event extend beyond June 30, 2023. 8. TAX IDENTIFICATION. All leases must include either a nine-digit Federal Tax Identification number or a Social Security Number. Please indicate below: Name of Lessor: City of Corpus Christi Tax ID Number: Tax-Exempt-(municipal government)74-6000574 1 Telephone Number: 361-289-0171 9. ELECTRONIC FUNDS TRANSFER. The Government will make payments under this Lease by electronic funds transfer(EFT). After award, but no later than 30 days before the first payment, the Lessor shall designate a financial institution for receipt of EFT payments, and shall submit this designation via internet by completing the EFT form at https://www.fincen.uscg.mil/secure/enrollment_form.htm in accordance with paragraph 4. a. In the event the Lessor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using EFT procedures, notification of such change and the required information specified in 4, above must be received by the appropriate Government official no later than 30 days prior to the date such change is to become effective. b. The documents furnishing the information required in this clause must be dated and contain the signature,title, and telephone number of the Lessor or an authorized representative designated by the Lessor, as well as the Lessor's name and lease number. c. Lessor's failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. d. Lessor is responsible for keeping their Systems for Awards Management (SAM) current. In the event that the Lessor's SAM expires, the Government will cease making payments under this Lease until the Lessor renews the SAM registration. This will apply to all payments that the Government is required to make under this Lease, and no interest shall accrue as the result of such non- payment. Lessor may access SAM registration electronically at www.sam.gov. 10. PROMPT PAYMENT(SEP 1999). The Government will make payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. All days referred to in this clause are calendar days, unless otherwise specified. 11. INTEREST PENALTY. An interest penalty shall be paid automatically by the Government, without request from the Lessor, if payment is not made by the due date and Lessor has an electronic funds transfer(EFT)on file. The interest penalty shall be at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. §611)that is in effect on the day after the due date. This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the payment amount approved by the Government and be compounded in 30-day increments inclusive from the first day after the due date through the payment date. Interest penalties will not continue to accrue after the filing of a claim for such penalties under the Disputes clause, or for more than 1 year. Interest penalties of less than $1.00 need not be paid. Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable,will be resolved in accordance with Disputes clause 52.223-1. (see para 34) 12. COMPLIANCE WITH APPLICABLE LAW. The Lessor shall comply with all Federal, state and local laws applicable to the Lessor as owner or lessor, or both, of the Premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. The Government will comply with all Federal, state and local laws applicable to and enforceable against it as a tenant under this lease; provided that nothing in this lease shall be construed as a waiver of any sovereign immunity of the Government. This lease shall be governed by Federal law. 13. IMPROVEMENTS. Government has the right to improve the Premises site to construct a paved parking lot to accommodate vehicles and storage. Improvements will include construction of a paved parking lot and improvements to accommodate sidewalks,storm drainage, pedestrian walks,fencing and lighting or any other improvements normally required for construction in similar scope and design. Government shall require its contractors and subcontractors to obtain and maintain in force for the duration of the construction project all necessary payment and performance bonds as required by Texas law and in a form acceptable to Lessor, acting by and through its Director of Engineering or his/her designee. 14. DISPOSITION OF IMPROVEMENTS. The Government shall have title to all improvements, placed or erected on the leased property, and the right to dispose of such improvements by abandonment, sale, removal or offsite use upon revocation, expiration or surrender of this Lease. 15. MAILING. Mailing refers to Certified Mail with a return receipt and the date of acceptance being the start date. 16. CHANGE OF OWNERSHIP NOTIFICATION. Lessor will notify Government within thirty(30)days of any transfer of ownership of the described property; or change in payment mailing address. 17. SUCCESSORS BOUND. The Lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, and successors. 18. INDEMNIFICATION. The Government, in the manner and to the extent provided by the Federal Tort Claims Act(28 U.S.C. § 2671-2680),as amended),shall be liable for,and shall hold the Lessor harmless from claims for damage or loss of property,personal injury or death caused by the acts or omissions of the Government, its officers, employees and agents in the use of the leased remises. 2 19. UTILITIES. The Government shall be responsible for all utilities required for this site's current or future use required to operate and maintain necessary functions of real, personal property, equipment or systems required. 20. INGRESS/EGRESS. Lessor hereby grants to the Government, its contractors and other duly assigned personnel, unrestricted access to the parking lot for the right of ingress and egress (both vehicular and pedestrian) necessary or convenient for the installation, use, maintenance, repair,operation,and replacement of Government-owned communication equipment across Lessor's property. 21. GOVERNMENT INSPECTION. The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased property to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's performance under this lease. 22. PERFORMANCE FAILURE. If Lessor fails to cure or remedy any failure to perform any service, to provide any item, or meet any requirement of the lease within thirty (30) days of Government's written notice to Lessor, Government may deduct any cost incurred for the service or item, including administrative costs,from rental payments or Government may perform the service,provide the item, or meet the requirement, either directly or through a contract. 23. ANTI-DEFICIENCY ACT (31 U.S.C. § 1341, as amended). Nothing in this Lease shall constitute an obligation of funds of the United States in advance of an appropriation thereof. 24. INSURANCE. The Government is a self-insured entity. 25. TAXES AND ASSESSMENTS. The Government is not responsible or liable for any real property or personal property taxes, personal taxes, nor assessments levied or assessed upon or against the leased premises. 26. CONDITIONS OF USE. The Government is responsible for meeting all applicable Federal, State and local safety and other codes, and for obtaining all applicable Federal, State, and local permits, licenses, or other authorization required for operation of its equipment. 27. EQUIPMENT INSTALLATIONS, MAINTENANCE, INTERFERENCE,AND REMOVAL. The Government is solely responsible for all costs connected with the installation and maintenance of all Government-owned equipment located on the Leased premises. Installation and operation of Government equipment shall be done according to applicable government codes and accepted industry standards. 28. WARRANTY. Lessor makes no warranty, express or implied, as to the suitability of the leased premises for the Government's intended use or purpose and expressly disclaims any such warranty. Lessor does not guarantee an uninterrupted continuous electrical power supply to the leased premises. Government acknowledges that there may be periods of electrical power outages to the leased premises from time to time, and Government fully accepts the risks and consequences caused by such outages. 29. SUBLETTING/ASSIGNMENT. Government may not sublet or assign the leased premises. 30. SEVERABILITY. If any term or provision of this Lease is held invalid or unenforceable,the remainder of this Lease shall not be affected thereby and each term and/or provision hereof shall be valid and enforced to the fullest extent permitted by law. 31. DISPUTES (DEC 1998). This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. § 601-613). Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. a. "Claim", as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right,the payment of money in a sum certain,the adjustment or interpretation of contract terms,or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph (b)(2)of this clause. A voucher, invoice,or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. b. (1)A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. Contracting Officer. (2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (ii)The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii)The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." (3)The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. 3 c. For Contractor claims of$100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over$100,000, the Contracting Officer must,within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. d. The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. e. If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative disputes resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offe r. f. The Government shall pay interest on the amount found due and unpaid from(1)the date that the Contracting Officer receives the claim(certified, if required), or(2)the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications,as defined in FAR 33,21, interest shall be paid from the date that the Contracting officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided for in the Act,which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. 32. LEASE ADMINISTRATION AND POINTS OF CONTACT. Administration of subject lease will be accomplished by: Commander, U. S. Coast Guard, Civil Engineering Unit Miami, Attn: Real Property, 15608 SW 117th Avenue, Miami, FL 33177. U.S. Coast Guard Real Property Specialist Mr. Jeffrey Reyes, email: Jeffrey.Reyesauscg.mil, phone (305) 278-6805. Lessor's contact: Mr. Fred Segundo, Director of Aviation, 1000 International Drive, Corpus Christi TX 78406, Email: FSegundo@CCTexas.com, phone 361-289-0178 Ext. 1213. 33. ASSIGNMENT OF CLAIMS (JAN 1986). a. The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. § 3727, 41 U.S.C. § 15 (hereafter referred to as "the Act"), may assign its right to be paid amounts due or to become due as a result of the performance by contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. b.Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party,except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. c. The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract)or information related to work under this contract until the Contracting Officer authorizes such in writing. (i)When the date for commencement of rent falls on the 15th day of the month or earlier,the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective. (ii)When the date for commencement of rent falls after the 15th day of the month, the initial monthly rental payment under this contract shall become due on the first workday of the second month following the month in which the commencement of the rent is effective. 34. This lease incorporates by reference the applicable clauses in insert GSA Form 35176,with the same force and affect as if they were given in full text. Upon request, the Government will make the full text available or the full text may be found at http://www.gsa.gov/leasingform. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: BY _ (Signature) (Official title) IN PRESENCE OF: BY (Signature) (Address) UNITED STATES OF AMERICA DEPARTMENT OF HOMELAND SECURITY/US COAST GUARD BY (Signature) Official title STANDARD FORM 2 FEBRUARY 1965 EDITION 5 STANDARD FORM 2 --EB FFFFF 15 U.S. GOVERNMENT LEASE FOR REAL PROPERTY ::p- : _--11-J)1 DATE OF LEASE LEASE No. ----82iEI=0021 Corpus Christi Intl Airport Parking Lot THIS LEASE, made and entered into this date by and between the City of Corpus Christi, acting by and through the Director of Aviation of the Corpus Christi International Airport, (hereinafter called the "Lessor"), whose address is 1000 International Drive, Corpus Christi, Texas 78406 and whose interest in the property hereinafter described is fee simple, as that of Owner, and the UNITED STATES OF AMERICA, acting by and through a duly authorized official of the Department of Homeland Security, the United States Coast Guard, (hereinafter called the"Government"): WITNESSETH: The parties, hereto for the consideration hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises, hereinafter referred to as the "Premises". Certain parcel of land of 1.61 acres, together with the improvements there on, bearing a street address of 200 Block of West Glasson Drive Corpus Christi TX 78406, further described as (centered) latitude 27.783085 with a longitude of- 97.509414 near adjacent to USCG Sector Corpus Christi TX, as shown in the attached and incorporated Exhibit A. The Government shall have unrestricted 24 hour access to the Premises parking lot 365 days per year. The Lessor shall provide 24 hours point of contact for any after-hour business activity. The Government shall contact Corpus Christi International Airport dispatch at 361-289-0171 ext 1258 with any after-hours request. 2. TO HAVE AND TO HOLD the said Premises with their appurtenances for the term beginning on July 1st , 2018, through September 30,2018, subject to termination and renewal rights as may be hereinafter set forth. OPTION. Subject to availability of funds,this Lease may, at the option of the Government be renewed annually(fiscal year)through June 30,2023. The Federal Fiscal Year(FY)runs 01 October to 30 September annually. The Government option shall be deemed exercised and the Lease renewed each year for one (1)year, with the last optional renewal period being nine (9)months in length, to the maximum term outlined provided notice is given in writing to the Lessor at least thirty(30)days before the end of the original lease term. All other terms and conditions of this Lease shall remain the same during the renewal term, unless otherwise agreed to by all parties with signed Supplemental Agreement to this Lease. 3. Rent payments shall be paid by electronic funds transfer and shall be made payable to: Corpus Christi International Airport.All rents are subject to Congress granting annual appropriations. 4. Rental payments shall be paid by: US Coast Guard Finance Center, 1430A Kristina Way, Chesapeake, Virginia 23326-1728. For help or assistance contact Customer Service at 800-564-5504 or 757-523-6940. 5. The Government shall pay Lessor annual rent in the amount of$5,363.28 at the rate of$469.69 per month, payable in advance. Rent for a lesser period shall be prorated. The Federal Fiscal Year(FY)runs 01 October to 30 September annually.An annual 3%escalation clause shall be authorized at the beginning of each FY commencing on October 1, 2023. 6. NOTICE. The Government may terminate this Lease by giving at least 90 days advance notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing from the date of receipt of termination notice. 7. This Lease will continue (14 U.S.C. §92f)with the same terms and conditions, unless and until the Government shall give notice of termination in accordance with paragraph 6, provided that adequate appropriations are available from year to year for payment of rentals, and provided further that this Lease shall in no event extend beyond September 30th, 2038. 8. TAX IDENTIFICATION. All leases must include either a nine-digit Federal Tax Identification number or a Social Security Number. Please indicate below: Name of Lessor: City of Corpus Christi Tax ID Number: Tax-Exempt-(municipal government)74-6000574 1 Telephone Number: 361-289-0171 9. ELECTRONIC FUNDS TRANSFER. The Government will make payments under this Lease by electronic funds transfer(EFT). After award, but no later than 30 days before the first payment, the Lessor shall designate a financial institution for receipt of EFT payments, and shall submit this designation via internet by completing the EFT form at https://www.fincen.uscg.mil/secure/enrollment_form.htm in accordance with paragraph 4. a. In the event the Lessor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using EFT procedures, notification of such change and the required information specified in 4, above must be received by the appropriate Government official no later than 30 days prior to the date such change is to become effective. b. The documents furnishing the information required in this clause must be dated and contain the signature,title, and telephone number of the Lessor or an authorized representative designated by the Lessor, as well as the Lessor's name and lease number. c. Lessor's failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. d. Lessor is responsible for keeping their Systems for Awards Management (SAM) current. In the event that the Lessor's SAM expires, the Government will cease making payments under this Lease until the Lessor renews the SAM registration. This will apply to all payments that the Government is required to make under this Lease, and no interest shall accrue as the result of such non- payment. Lessor may access SAM registration electronically at www.sam.gov. 10. PROMPT PAYMENT(SEP 1999). The Government will make payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. All days referred to in this clause are calendar days, unless otherwise specified. 11. INTEREST PENALTY. An interest penalty shall be paid automatically by the Government, without request from the Lessor, if payment is not made by the due date and Lessor has an electronic funds transfer(EFT)on file. The interest penalty shall be at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. §611)that is in effect on the day after the due date. This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the payment amount approved by the Government and be compounded in 30-day increments inclusive from the first day after the due date through the payment date. Interest penalties will not continue to accrue after the filing of a claim for such penalties under the Disputes clause, or for more than 1 year. Interest penalties of less than $1.00 need not be paid. Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable,will be resolved in accordance with Disputes clause 52.223-1. (see para 34) 12. COMPLIANCE WITH APPLICABLE LAW. The Lessor shall comply with all Federal, state and local laws applicable to the Lessor as owner or lessor, or both, of the Premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. The Government will comply with all Federal, state and local laws applicable to and enforceable against it as a tenant under this lease; provided that nothing in this lease shall be construed as a waiver of any sovereign immunity of the Government. This lease shall be governed by Federal law. 13. IMPROVEMENTS. Government has the right to improve the Premises site to construct a paved parking lot to accommodate vehicles and storage. Improvements will include construction of a paved parking lot and improvements to accommodate sidewalks,storm drainage, pedestrian walks,fencing and lighting or any other improvements normally required for construction in similar scope and design. Government shall require its contractors and subcontractors to obtain and maintain in force for the duration of the construction project all necessary payment and performance bonds as required by Texas law and in a form acceptable to Lessor, acting by and through its Director of Engineering or his/her designee. 14. DISPOSITION OF IMPROVEMENTS. The Government shall have title to all improvements, placed or erected on the leased property, and the right to dispose of such improvements by abandonment, sale, removal or offsite use upon revocation, expiration or surrender of this Lease. 15. MAILING. Mailing refers to Certified Mail with a return receipt and the date of acceptance being the start date. 16. CHANGE OF OWNERSHIP NOTIFICATION. Lessor will notify Government within thirty(30)days of any transfer of ownership of the described property; or change in payment mailing address. 17. SUCCESSORS BOUND. The Lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, and successors. 18. INDEMNIFICATION. The Government, in the manner and to the extent provided by the Federal Tort Claims Act(28 U.S.C. § 2671-2680),as amended),shall be liable for,and shall hold the Lessor harmless from claims for damage or loss of property,personal injury or death caused by the acts or omissions of the Government, its officers, employees and agents in the use of the leased remises. 2 19. UTILITIES. The Government shall be responsible for all utilities required for this site's current or future use required to operate and maintain necessary functions of real, personal property, equipment or systems required. 20. INGRESS/EGRESS. Lessor hereby grants to the Government, its contractors and other duly assigned personnel, unrestricted access to the parking lot for the right of ingress and egress (both vehicular and pedestrian) necessary or convenient for the installation, use, maintenance, repair,operation,and replacement of Government-owned communication equipment across Lessor's property. 21. GOVERNMENT INSPECTION. The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased property to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's performance under this lease. 22. PERFORMANCE FAILURE. If Lessor fails to cure or remedy any failure to perform any service, to provide any item, or meet any requirement of the lease within thirty (30) days of Government's written notice to Lessor, Government may deduct any cost incurred for the service or item, including administrative costs,from rental payments or Government may perform the service,provide the item, or meet the requirement, either directly or through a contract. 23. ANTI-DEFICIENCY ACT (31 U.S.C. § 1341, as amended). Nothing in this Lease shall constitute an obligation of funds of the United States in advance of an appropriation thereof. 24. INSURANCE. The Government is a self-insured entity. 25. TAXES AND ASSESSMENTS. The Government is not responsible or liable for any real property or personal property taxes, personal taxes, nor assessments levied or assessed upon or against the leased premises. 26. CONDITIONS OF USE. The Government is responsible for meeting all applicable Federal, State and local safety and other codes, and for obtaining all applicable Federal, State, and local permits, licenses, or other authorization required for operation of its equipment. 27. EQUIPMENT INSTALLATIONS, MAINTENANCE, INTERFERENCE,AND REMOVAL. The Government is solely responsible for all costs connected with the installation and maintenance of all Government-owned equipment located on the Leased premises. Installation and operation of Government equipment shall be done according to applicable government codes and accepted industry standards. 28. WARRANTY. Lessor makes no warranty, express or implied, as to the suitability of the leased premises for the Government's intended use or purpose and expressly disclaims any such warranty. Lessor does not guarantee an uninterrupted continuous electrical power supply to the leased premises. Government acknowledges that there may be periods of electrical power outages to the leased premises from time to time, and Government fully accepts the risks and consequences caused by such outages. 29. SUBLETTING/ASSIGNMENT. Government may not sublet or assign the leased premises. 30. SEVERABILITY. If any term or provision of this Lease is held invalid or unenforceable,the remainder of this Lease shall not be affected thereby and each term and/or provision hereof shall be valid and enforced to the fullest extent permitted by law. 31. DISPUTES (DEC 1998). This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. § 601-613). Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. a. "Claim", as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right,the payment of money in a sum certain,the adjustment or interpretation of contract terms,or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph (b)(2)of this clause. A voucher, invoice,or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. b. (1)A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. Contracting Officer. (2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (ii)The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii)The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." (3)The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. 3 c. For Contractor claims of$100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over$100,000, the Contracting Officer must,within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. d. The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. e. If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative disputes resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offe r. f. The Government shall pay interest on the amount found due and unpaid from(1)the date that the Contracting Officer receives the claim(certified, if required), or(2)the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications,as defined in FAR 33,21, interest shall be paid from the date that the Contracting officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided for in the Act,which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. 32. LEASE ADMINISTRATION AND POINTS OF CONTACT. Administration of subject lease will be accomplished by: Commander, U. S. Coast Guard, Civil Engineering Unit Miami, Attn: Real Property, 15608 SW 117th Avenue, Miami, FL 33177. U.S. Coast Guard Real Property Specialist Mr. Jeffrey Reyes, email: Jeffrey.Reyesauscg.mil, phone (305) 278-6805. Lessor's contact: Mr. Fred Segundo, Director of Aviation, 1000 International Drive, Corpus Christi TX 78406, Email: FSegundo@CCTexas.com, phone 361-289-0178 Ext. 1213. 33. ASSIGNMENT OF CLAIMS (JAN 1986). a. The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. § 3727, 41 U.S.C. § 15 (hereafter referred to as "the Act"), may assign its right to be paid amounts due or to become due as a result of the performance by contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. b.Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party,except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. c. The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract)or information related to work under this contract until the Contracting Officer authorizes such in writing. (i)When the date for commencement of rent falls on the 15th day of the month or earlier,the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective. (ii)When the date for commencement of rent falls after the 15th day of the month, the initial monthly rental payment under this contract shall become due on the first workday of the second month following the month in which the commencement of the rent is effective. 34. This lease incorporates by reference the applicable clauses in insert GSA Form 35176,with the same force and affect as if they were given in full text. Upon request, the Government will make the full text available or the full text may be found at http://www.gsa.gov/leasingform. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: BY _ (Signature) (Official title) IN PRESENCE OF: BY (Signature) (Address) UNITED STATES OF AMERICA DEPARTMENT OF HOMELAND SECURITY/US COAST GUARD BY (Signature) Official title STANDARD FORM 2 FEBRUARY 1965 EDITION 5 X; r 1111114111111 - ---- — - � is PROPOSED OVERFLOW PARKING LOT AND STORAGE AREA 192 PARKING SLGTS-70,132 SF X1.61 Acres) USCG s I I I I � _ - WEST GA L EXHIBIT A - USCG Development CCIA—M CITY COUNCIL EXECUTIVE SUMMARY Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works - ® Jeff H. Edmonds, P. E., Director of Engineering Services Dan Grimsbo, Executive Director of Public Utilities Meeting Date Agenda Category Le istar ID June 12, 2018 Motion 18-0640 June 19, 2018 Agenda Title: Professional Services Contract Amendment—Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to award Amendment No. 1 o With Hazen and Sawyer of Corpus Christi, Texas o In the amount of$612,500 for a restated fee of$661,800 o For preliminary design of the Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control project SUMMARY ➢ Current concerns — o Odor control problems o Treated water discharges into Oso Creek ■ Impaired waterway ■ Strict TCEQ permitting and discharge requirements o Plant struggles to meet requirements o Only city wastewater treatment plant with anaerobic treatment process ➢ Original contract— o Investigated odor emission issues ➢ Amendment No. 1 — o More comprehensive evaluation of odor problems o Preliminary engineering to convert plant to aerobic treatment process o Develop strategic plan for future projects for plant o Coordinated with: ■ Ongoing drainage/flooding evaluations ■ Ultraviolet improvement project ■ Headworks rehabilitation projects PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Approved in CIP budget ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Amendment No. 1 ➢ Location Map ➢ Presentation FUTURE ACTIONS ➢ Construction contract Project No.18069A W/O Rev.0—05/23/18 Item Details Legistar # 18-0640 Professional Services Contract Amendment— Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control Council Meeting Dates: Item Being Considered: Future Item —June 12, 2018 Motion Action Item - June 19, 2018 RECOMMENDATION: Authorization to award Amendment No. 1 with Hazen and Sawyer of Corpus Christi,Texas in the amount of $612,500 for a total restated fee of $661,800 for preliminary design of the Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control project. SUMMARY: The Greenwood Wastewater Treatment Plant (GWWTP) experiences odor control problems and the effluent water discharges into Oso Creek, an impaired waterway. Strict TCEQ permitting and discharge requirements are imposed on the GWWTP because of Oso Creek's impaired status. With the age and condition of equipment at the plant, the GWWTP struggles to meet these requirements. This preliminary engineering study is to perform a more comprehensive evaluation of the plant with recommendations for upgrades that include conversion from an anaerobic treatment process to aerobic to reduce odors and improve discharge water quality. In February 2018, staff administratively executed a professional services contract for preliminary engineering services with Hazen and Sawyer of Corpus Christi (Contract)to investigate the odor emission issues. Amendment No. 1 provides for a more comprehensive evaluation as well as preliminary engineering to convert GWWTP's treatment process. Of six City WWTPs, only Greenwood uses the anaerobic treatment process; the remaining plants use aerobic treatment. Based on numerous studies and analyses, staff recommends that the preliminary engineering to convert Greenwood WWTP to an aerobic treatment process be completed through this Amendment. Completion of the items above will be coordinated with ongoing drainage/flooding evaluations, an ultraviolet improvement project and the headworks rehabilitation project. A strategic plan for future Greenwood WWTP projects will also be developed. Conversion to aerobic is anticipated to help with odor control in addition to allowing a more uniform and effective wastewater operations and maintenance program. Hazen and Sawyer was selected for this project through Request for Qualifications No. 2017-03 Greenwood Wastewater Treatment Plant Projects, Street Feasibility, Facilities Feasibility and Building Design. PREVIOUS COUNCIL / BOARD ACTIONS: None. Project No. 18069A 1 W/O Rev. 1—05/24/18 PROJECT BUDGET ESTIMATE Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation &Odor Control PROJECT FUNDS AVAILABLE: WastewaterCIP.......................................................................................................................... 4,500,000 TOTAL FUNDS AVAILABLE............................................................................................................. 4,500,000 FUNDS REQUIRED: ConstructionFees:.......................................................................................................................... TBD Construction............................................................................................................. TBD Contingency (10%)................................................................................................... TBD Construction Inspection and Testinq Fees:............................................................................................ TBD Construction Inspection............................................................................................ TBD Construction Phase - Materials Testing Services ........................................................... TBD Design......................................................................................................................................... 612,500 Engineering Design (Hazen and Sawyer) THIS ITEM ................................................... 612,500 Preliminary Engineering Design (Hazen and Sawyer)...................................................... 49,300 Reimbursements:............................................................................................................................. 226,000 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)................................... 90,000 Engineering Services (Project Mgt)............................................................................ 135,000 Misc. (Printing, Advertising, etc.)................................................................................ 1,000 TOTAL.......................................................................................................................................... 838,500 ESTIMATED PROJECT BUDGET BALANCE....................................................................................... 3,661,500 NUECES BAY 181 ✓0F N �<TOti SCALE: N.T.S. c O�'Rrp0R SHIP CHANN <Fpp CORPUS CHRISTI qRp A, noun Qom LEOPARD O a z 44 6q PUS CH—. I I p rH 286 RNATIONAL H PO RT OFtGP' O 358 j M �l oC Z CORPUS C n 0 s� 3� °gRp�F p<<rygR ��s 0 020��� Spry. o N c� TEXAS A UNIVERSI O� y0<<Y CORPUS O� 358 ZZ �Sq�TO 3�0 Mc�Rp�F O c s q � CABANISS `� i OSO BAY FIELD <v Qv O �v k� 43 O O� rQ Q- 2 PROJECT LOCATION Z a p ��. O O 2444 ypRrno�N GP LOCATION MAP NOT TO SCALE Project: 18069A Greenwood Wastewater Treatment CITY COUNCIL EXHIBIT Plant Dissolved Air Flotation Unit CITY OF CORPUS CHRISTI,TEXAS Rehabilitation & Odor Control DEPARTMENT OF ENGINEERING SERVICES Corpus Chr s Engineering Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation and Odor Control Council Presentation June 12, 2018 Project Location Corpus Chr'sti ngin�nring n®I CORPUS CHRIST Q �J SCALE:N.T.S. PROJECT LOCATION CORPUS CHRISTI BAY 4 7 OSO HAY Q H°n uA mn € FLOUR BLUFF 6 of 2 Project Vicinity e� Corpus Chr sti _ Engineering PROJECT LOCATION 9d�dro SCALE:N.T.S. dej�a a• Greenwood Wastewater Treatment Plant Dissolved 4, Air Flotation Unit Rehabilitation&Odor Control :; q 2-, - o0 �C3 C� Project Scope e� yf' Corpus Chr sti Engineering Amendment No. 1 includes: • Evaluation of existing plant unit processes and infrastructure to convert treatment into alternative process with better efficiency and less odor. • Recommendation for immediate operational optimization may improve GWWTP efficiency with potential cost savings gained through reconfiguring current operations. • Development of conceptual design report and opinion of probable cost for selected alternative will provide detailed design improvements needed at Greenwood Wastewater Treatment Plant. • Additional services include Texas Commission on Environmental Quality coordination and coordination with on-going Greenwood projects. Project Schedule &�4- ) Carpus Chr sti Engineering i MAR APR MAY JUN JUL AUG SEP OCT NOV Preliminary Design Original Amendment No. 1 This Contract Project Preliminary Design Estimate: 270 days -- 9 months Projected Schedule reflects City Council award in June 2018 with preliminary design completion in November 2018. Greenwood Wastewater �= Cor¢us Chr'sti Treatment Plant �ngineering Questions? 6 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 TO CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18069A - Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Hazen Sawyer, a New York Corporation with a Corpus Christi office, 5626 S. Staples Street, Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Contract for Professional Services Page 1 of 12 ARTICLE I —SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the% of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessaryfor the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Civ. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A;;Ad A- 4. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 2 of 12 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $612,500 for a total fee not to exceed $661,800. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Contract for Professional Services Page 3 of 12 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 te the expiratie—A date Af the prier term. ARY FeRAWAls; AhAll htQ At thtQ SAMA tArMS AR GE)RditieRs, plus aR" Contract for Professional Services Page 4 of 12 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's bestjudgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Contract for Professional Services Page 5 of 12 Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Contract for Professional Services Page 6 of 12 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the Contract for Professional Services Page 7 of 12 documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed Contract for Professional Services Page 8 of 12 diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services Page 9 of 12 ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you Contract for Professional Services Page 10 of 12 need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of anyArticle, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HAZEN AND SAWYER V'+lp .P�-� Jeff H. Edmonds, P.E. Chamindra Dassa yake, Ph-D P.E. Date Vice President and SW Regiona Manager 8350 N. Central Expressway, Suite 775 Dallas, Texas 75206 (214) 382-5750 Office CDassanayake@hazenandsawyer.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services Page 11 of 12 Fund Name Accounting Account Activity No. Amount Unit No. WW2012B RevBond 4252-062 550950 18069A4252EXP $612,500.00 Total $612,500.00 Contract for Professional Services Page 12 of 12 City of Corpus Christy Hazen TBPE Firm No. F-13618 EXHIBIT A SCOPE OF WORK CITY OF CORPUS CHRISTI Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control CITY PROJECT NO. 18069A PROJECT BACKGROUND The City owns and operates the Greenwood Wastewater Treatment Plant (GWWTP), and is interested in proceeding with improvements to the facility. A condition assessment completed in April 2014 (E13118), identified several unit processes at the plant as needing rehabilitation or improvements. In addition, the City is interested in mitigating odors present at the GWWTP that are impacting the surrounding community. The City is looking to complete an alternatives assessment to: • Identify plant deficiencies, • Recommend plant improvements and associated cost estimates, and • Develop a conceptual design for the selected alternative to address both near and long- term needs at the facility. Although, previous studies have been performed at the GWWTP including: E13118—Greenwood WWTP Asset Management Report (2014); E10047 — Greenwood WWTP Emissions and Odor Control Improvements (2014); and the Wastewater Management Plan (2016, no comprehensive process evaluation of the plant has been performed to date. The City is interested in performing a comprehensive evaluation of the GWWTP to understand the limitations of the existing facility and develop alternatives that vision the site for current and future needs PURPOSE The City selected Hazen and Sawyer (ENGINEER) to provide engineering services to (1) Evaluate the existing unit processes at the GWWTP (2) Assess up to three process train alternatives for upgrading the GWWTP, and (3) Develop a conceptual design report for the selected alternative. The intent of the alternatives assessment is to identify a plan for improvement that meets all key goals and drivers for GWWTP while considering potential cost savings gained through reconfiguring current operations. The objectives of project are as follows: City Proj. No. 18069A Exhibit"A" Pagel of 21 1) A detailed process evaluation will include a hydraulic capacity evaluation (development of the plant hydraulic profile), a treatment (liquids and solids) capacity evaluation, and development and calibration of a biological process model for the plant. The calibrated process model will provide a defensible basis for determining viable process configurations and vetting performance of future regulations (e.g. biological nutrient removal). 2) An alternatives assessment utilizing the calibrated biological process model will evaluate up to three(3)alternatives for upgrading the unit processes at the Greenwood WWTP. The alternatives assessment will detail the process and infrastructure requirements needed to meet treatment goals to provide planning level costs and aid in the selection of future GWWTP improvements 3) A conceptual basis of design and opinion of probable cost for the selected alternative will provide a scope of work for detailed design improvements needed at the GWWTP. SCOPE OF SERVICES 1. CONCEPTUAL DESIGN BASIS 1.01 Project Progress Meetings and Minutes ENGINEER will coordinate the kick-off meeting and regular progress meetings. ENGINEER will prepare meeting minutes and will finalize and distribute after review by The City's staff. Scope Item Assumptions: • Meetings will be held at the Corpus Christi Utilities building • Utilities and Engineering Services Staff will attend progress meetings. • ENGINEER's staff working on the project remotely will dial in by phone as necessary Meetings: • One (1) one-hour kickoff meeting • Five (5) one-hour progress meetings (bi-monthly) with utility and engineering services staff Deliverables: • Meeting Minutes and sign-in sheet 1.02 Project Coordination City Proj. No. 18069A Exhibit"A" Page 2 of 21 ENGINEER will coordinate with utilities staff regarding wastewater sampling at the Greenwood WWTP for the process evaluation and historical data requests. The ENGINEER will coordinate with Engineering Services regarding historical document and drawings requests. Scope Item Assumptions: • The City staff will provide historical documents, drawings and data as requested. Meetings: Included under Subtask 1.01 Project Progress Meetings and Minutes. Deliverables: N/A 1.03 Detailed Project Schedule and Updates ENGINEER will provide project schedule to the City with updates as the project progresses. Scope Item Assumptions: • The City staff will provide feedback on project schedule. Meetings: Included under Subtask 1.01 Project Progress Meetings and Minutes. Deliverables: • One (1) project schedule at the kickoff meeting • Three (3) project schedule updates 1.04 Site Survey and Coordination ENGINEER will review historical drawings and perform additional minimal surveying activities to confirm elevations of critical structures that are required to complete the hydraulic capacity task listed below. This effort may include: • Review existing plant survey information for data (elevations of equipment) • Critical elevations, such as top of weirs, top of structure, water level over weirs, and freeboard, will be field surveyed to confirm as-built/record drawing information. • Site survey for missing information (if needed) City Proj. No. 18069A Exhibit"A" Page 3 of 21 Scope Item Assumptions: • The City staff will provide existing plan drawings or site survey AutoCAD file to ENGINEER. Meetings: Included under Subtask 1.01 Project Progress Meetings and Minutes. Deliverables: • N/A 1.05 Review Existing Geotechnical Investigation Findings ENGINEER will review existing geotechnical investigation information. Scope Item Assumptions: • The City staff will provide existing geotechnical investigation report to the ENGINEER. • Effort does not account for ENGINEER to perform or review new geotechnical evaluations. Meetings: Included under Subtask 1.01 Project Progress Meetings and Minutes. Deliverables: • N/A 1.06 Process Evaluation 1.06 A Hydraulic Capacity Evaluation ENGINEER will review historical flows to the Greenwood WWTP. A site walk through will be conducted with plant staff, and the ENGINEER will review and evaluate previously completed wastewater flow projections and influent peaking factor from studies by others. ENGINEER will develop a hydraulic profile of the WWTP using HazenPro software. ENGINEER will determine maximum month and associated peak hourly flow rates that the plant is capable of hydraulically conveying without submerging weirs and/or overloading unit processes. Considerations for wet weather operating protocol and bypass configurations will be incorporated by the ENGINEER. A peaking factor (based on historical influent flow data) will be applied to estimate the hydraulic condition at the peak City Proj. No. 18069A Exhibit"A" Page 4 of 21 2-hour flow. Hydraulic restrictions and limitations will be identified at the maximum determined flow rate. ENGINEER will calculate the hydraulic grade line through the WWTP and the hydraulic capacity of the treatment facilities at various flows using the hydraulic model to identify hydraulic bottlenecks that must be addressed within each alternative treatment approach. The plant's 100-year flood elevation will be confirmed utilizing the most current FEMA maps. Two (2) meetings will be conducted with plant staff to confirm existing flow path, size, and location of buried pipelines. Scope Item Assumptions: • The City staff will provide historical flow data to ENGINEER. • The City will provide all necessary information to validate flow projections/ peaking factors. • The City staff will meet with the ENGINEER to confirm existing flow path and size and location of buried pipelines. Meetings: • One (1) two-hour onsite walk through with plant staff • One (1) two-hour meeting to confirm historical flow data Deliverables: • Hydraulic profiles of the three (3) evaluated alternatives 1.06 B Liquids and Solids Treatment Capacity Evaluation ENGINEER will review historical wastewater loads to the Greenwood WWTP. A site walk through will be conducted with plant staff. ENGINEER will develop a supplemental sampling plan for additional required data and review supplemental sampling results provided by the City. ENGINEER will conduct a liquid treatment process evaluation to meet the plant's current NPDES permit discharge limits. ENGINEER will develop a biological process model using BioWinTM software. The process model will be calibrated using supplemental sampling data collected as part of this project and validated with historical reported data. Additionally, the ENGINEER will develop a special sampling plan at major unit process locations which will include speciation of influent wastewater and recycle flows to verify performance data, developing accurate loading information, and establishing process capacity limits in order to calibrate the process model. The following unit processes will be evaluated: primary clarifiers, blowers, aeration basins, secondary clarifiers, RAS/WAS pumping facilities, DAFT, anaerobic digesters, digester pumping facilities, and belt filter press. City Proj. No. 18069A Exhibit"A" Page 5 of 21 The evaluation of each unit process will include: • Identifying unit process sizing criteria and any deficiencies that must be addressed to reliably meet the plant's discharge permit limits. • Evaluating the potential to modify the existing facilities to address any identified deficiencies. Of particular importance is the aeration basin blowers capability to turndown to meet air requirements during minimum flow conditions. The ENGINEER will utilize a process model to simulate plant performance under varying plant flows and loads. Plant data will be utilized for model input and calibration. This will require a characterization of historical raw wastewater data and field sampling of existing unit processes to develop a nutrient profile through the treatment process. ENGINEER will characterize the influent of the WWTP including: • Characterize potential influent wastewater average, maximum month and maximum day concentrations based on historical information. • Confirm flow peaking factors for maximum month and peak hourly flows based on existing flow records and predicted changes to the flow characteristics. ENGINEER will perform special sampling with the assistance of City staff for a period of one week. Two types of sampling will be performed: • Composite sampling (minimum of seven consecutive days preferably during grab sampling event) — the City will assist in setting up automated samplers (if they currently are not used) for the WWTP influent, primary effluent and final effluent. The City will collect the samples daily and the analysis will be filtered and analyzed by City staff or their contracted laboratory • Profile grab sampling (five separate profiles over three days)—the ENGINEER will collect grab samples at various unit process and perform analysis in the field with the exception of TSS, VSS, BODS and TKN which the City staff and/or contract laboratory will analyze. ENGINEER will conduct a solids treatment process evaluation. Historical plant data will be analyzed to estimate sludge quantities and compared to actual sludge production numbers. Sludge wasting,thickening, digestion, and dewatering facilities will be evaluated to include: • Identifying unit process sizing criteria and any deficiencies that must be addressed to reliably treat sludge produced based upon an annual average plant flow of 8 mgd. • Evaluating the potential to modify the existing facilities to address any identified deficiencies. Scope Item Assumptions: City Proj. No. 18069A Exhibit"A" Page 6 of 21 • The City staff will provide historical influent wastewater load and flow data to ENGINEER. • The ENGINEER with the City's assistance will perform one supplemental sampling event. • The City will provide or rent auto-samplers required for the supplemental sampling event. • The City will prepare and transport samples that require analysis by the City staff and/or contract laboratory • It is assumed that responsibility for the sampling and analysis will be divided as follows: o Composite sampling, filtration and analysis will be conducted by the City staff and/or contracted laboratory o Profile grab sampling will be conducted by ENGINEER. Analysis will be performed by the ENGINEER with exception of TSS, VSS, BODS and TKN analysis which will be performed by the City staff and/or contracted laboratory • Laboratory analysis costs for the composite sampling analysis and the TSS, VSS, BODS and TKN for grab samples are not included as part of the ENGINEER's fee Meetings: • Three (3) one-hour operations meetings with plant staff • Three (3) days of special sampling Deliverables: • Section on biological process modeling development, calibration, validation and assessment in the Draft Conceptual Design Report 1.06 C Asset Validation of Existing Condition Assessment Reports ENGINEER will validate previous condition assessments for each unit process based and present alternatives based on proven treatment equipment and processes. Major aspects to be considered include: • Aeration basins • Primary clarifiers • Secondary clarifiers • Dissolved air flotation • Anaerobic digesters • Belt filter press and polymer feed system • Pumping/piping Engineer will validate the previous condition assessments of the existing plant buildings and structures. An evaluation will be performed to determine if it is more cost-effective to City Proj. No. 18069A Exhibit"A" Page 7 of 21 rehabilitate or to demolish and construct new structures. This work will be coordinated closely with Tasks 1.066 and 1.07. In addition, existing plant will be assessed in general water tightness of roofing systems, structural cracks, ventilation, and conformance to the applicable building codes. The assessment will delineate deficiencies and provide recommended improvements and associated construction cost estimates. Three (3) two-hour site visits for the asset validation of existing condition assessment reports will be conducted by the ENGINEER in order to confirm information obtained in the reports. Scope Item Assumptions: • The City staff will provide existing condition assessment report(s) to the ENGINEER. Meetings: • Three (3) two-hour site visits for asset validation Deliverables: • Section on asset validation of existing condition assessment in the Draft Conceptual Design Report. 1.06 D Odor Control Gap Evaluation ENGINEER will review the odor control assessment report for the Greenwood WWTP and identify any gaps in the report. Alternatives will be evaluated with respect to odor control for the following unit processes: • Primary clarifiers • Solids drying beds (currently only used for sewer flushing solids) Additionally, the ENGINEER will evaluate odors for impact to the community offsite. The ENGINEER will coordinate with City Staff to understand current and previous odor control measures employed at other WWTPs to provide uniformity in odor control systems when possible. Scope Item Assumptions: • The City staff will provide the existing odor control evaluations to the ENGINEER. • The City will provide any available odor complaint history for the past 3 years. • The City staff will provide information on odor control systems at other WWTPs. Meetings: City Proj. No. 18069A Exhibit"A" Page 8 of 21 Included under Subtask 1.06 B Treatment (Liquids/Solids) capacity evaluation and process modeling. Deliverables: • Section on odor control gap evaluation of existing odor control evaluation in the Draft Conceptual Design Report. 1.06 E Electrical Evaluation ENGINEER will evaluate electrical equipment and electrical distribution system at the WWTP based on existing condition assessment report by others. ENGINEER will also complete a standby power evaluation. Scope Item Assumptions: • The City staff will provide existing electrical system data to the ENGINEER. • The City staff will provide existing condition assessment report(s) to the ENGINEER. • The City staff will furnish an employee who is knowledgeable with the plant's electrical system to open MCCs, switchgear, lighting panels, etc. Meetings: • Three (3) two-hour site-visits or meetings with plant staff regarding electrical evaluation Deliverables: • Section on electrical evaluation, electrical distribution system evaluation and standby power in the Draft Conceptual Design Report. 1.06 F I & C and SCADA Evaluation ENGINEER will evaluate hardware and software at the WWTP based on existing condition assessment report by others and discussions with plant staff. ENGINEER will conduct a network analysis and process evaluation at the plant. Hardware devices, software programming, and network cabling/connections will be evaluated to ensure conformance and standardization with the City's other WWTPs. Scope Item Assumptions: • The City staff will provide existing I & C and SCADA system data to the ENGINEER. City Proj. No. 18069A Exhibit"A" Page 9 of 21 • The City will provide existing electrical condition assessment report(s) to the ENGINEER. Meetings: • Two (2) one-hour meetings to discuss the condition assessment and future requirements Deliverables: • Section on electrical evaluation, electrical distribution system evaluation and standby power in the Draft Conceptual Design Report. 1.07 Alternatives Assessment 1.07A-Alternatives Evaluation ENGINEER will evaluate three (3) process alternatives. Ease of operability, upgrading existing infrastructure and odor control will be considered. ENGINEER will use the calibrated biological process model of the existing WWTP to identify any deficiencies in the existing WWTP treatment capacity that may need to be addressed. ENGINEER will evaluate the capacity of each unit process for current and future needs. • Alternative 1: Current Process with enhancements: Upgrades to the DAFT, anaerobic digesters, belt filter presses, and odor control systems. • Alternative 2: No primaries with aerobic digestion: Removal of primary clarifiers, replacement of DAFT with alternative thickening process, conversion of anaerobic digesters to aerobic digesters, belt filter presses replacement or augmentation with centrifuges, and odor control systems will be considered. • Alternative 3: A third alternative will be developed during the alternatives assessment. Improvement of the aeration basins to fine-bubble diffusion will be considered for all options. Scope Item Assumptions: • The City staff will provide feedback to the ENGINEER on the alternative ranking criteria (1.07 D). Meetings: Included under 1.07 G Selection Meeting. Deliverables: City Proj. No. 18069A Exhibit"A" Page 10 of 21 • Section on alternatives evaluation in the Draft Conceptual Design Report. 1.071B-Conceptual Layout of Alternatives ENGINEER will develop a layout drawing for each of the three(3)alternatives to document the projected footprint required for each infrastructure improvement. A more detailed layout for the selected alternative will be completed during detailed design (separate contract) Scope Item Assumptions: • The City staff will provide feedback to the ENGINEER on the alternative ranking (1.07 D). Meetings: Included under 1.07 G Selection Meeting. Deliverables: • Conceptual layout drawings for each of the three (3) alternatives • Section on footprint evaluation / conceptual layout of alternatives in the Draft Conceptual Design Report 1.07C-Conceptual Opinion of Probable Cost ENGINEER will compile an opinion of probable cost for each of the three (3) alternatives to provide a planning level cost estimate for alternative selection purposes. . Scope Item Assumptions: • The City staff will provide feedback to the ENGINEER on the opinion of probable costs (1.07 D). Meetings: Included under 1.07 G Selection Meeting. Deliverables: • Section on the opinion of probable cost for each of the three (3) alternatives in the Draft Conceptual Design Report. 1.07D-Alternatives Ranking City Proj. No. 18069A Exhibit"A" Page 11 of 21 ENGINEER will rank the three (3) alternatives with consideration for challenges and drivers utilizing a decision matrix. Scope Item Assumptions: • The City staff will provide feedback to the ENGINEER on the decision matrix ranking, including weighting of certain criteria. Meetings: Included under 1.07 G Selection Meeting. Deliverables: • Decision Matrix • Section on alternatives ranking in the Conceptual Design Report. 1.07E-Alternative Selection ENGINEER will recommend one (1) of the three (3) alternatives ranked in 1.07 D Alternative Ranking. ENGINEER will collaborate with the City to obtain alignment with the recommended alternative. The ENGINEER will prepare a PowerPoint to summarize the relevant information from the alternatives assessment and document the recommended alternative. Based on information developed from prior tasks, ENGINEER will lead an alternatives selection meeting in which the following areas: • A description of each of the three (3) alternatives • Conceptual layout drawings for each alternative • Opinion of probable cost for each alternative • Summary of ranking • Discussion and concurrent on the recommended alternative Scope Item Assumptions: • The City staff will provide feedback to the ENGINEER on the alternative selection. • ENGINEER will develop up to three (3) conceptual layout drawings Meetings: • One (1) four-hour alternative selection workshop City Proj. No. 18069A Exhibit"A" Page 12 of 21 Deliverables: • Decision Matrix (also included in 1.07 D Alternative Ranking). • Recommendation of one (1) alternative • Presentation to document the recommended alternative to be presented at the selection workshop 1.08 Conceptual Design 1.08A-Conceptual Basis of Design ENGINEER will develop a conceptual basis and document the key design criteria that will be included in the Conceptual Design Report. Scope Item Assumptions: • The City staff will provide comments to the ENGINEER on the conceptual basis of design. Meetings: Included in 1.10 Conceptual Submittal Client Review Workshop Deliverables: • Section on conceptual basis of design included in the Conceptual Design Report. 1.08B-Conceptual Layout Design Drawings Following selection of the recommended alternative, the ENGINEER will develop a conceptual design basis of design, which will include conceptual layout design drawings. Scope Item Assumptions: • The City staff will provide existing site plan in AutoCAD drawing file format to ENGINEER. • Engineering effort includes up to 10 drawings detailing proposed layouts. • Effort does not account for ENGINEER developing AutoCAD drawings for existing structures and facilities Meetings: Included in 1.10 Conceptual Submittal Client Review Workshop City Proj. No. 18069A Exhibit"A" Page 13 of 21 Deliverables: • Conceptual level drawings in PDF and AutoCAD format in electronic format. Three (3) hard copies may be provided upon request. 1.08C-Conceptual Opinion of Probable Cost ENGINEER will refine the opinion of probable cost developed during 1.07 C in the alternatives assessment stage. The final conceptual opinion of probable cost will be serve as the basis to scope the detailed design project with ENGINEER. Scope Item Assumptions: • The City staff will provide comments to the ENGINEER on the conceptual opinion of probable cost. Meetings: Included in 1.10 Conceptual Design Report Client Review Workshop Deliverables: • Conceptual level opinion of probable cost for the selected alternative. 1.08D-Conceptual Construction Schedule Development ENGINEER will develop a conceptual construction schedule for the selected alternative. The schedule will be prepared using Microsoft Project and will identify the projected critical path. Scope Item Assumptions: • The City staff will provide feedback to the ENGINEER on the conceptual construction schedule. Meetings: Included in 1.10 Conceptual Submittal Client Review Workshop Deliverables: • Conceptual construction schedule 1.08E-Prepare Draft Conceptual Design Report City Proj. No. 18069A Exhibit"A" Page 14 of 21 ENGINEER will produce a draft conceptual design report based on the selected alternative. Scope Item Assumptions: • The City staff will provide comments to the ENGINEER on the draft conceptual design report. Meetings: Included in 1.10 Conceptual Submittal Client Review Workshop Deliverables: • Draft conceptual design report 1.08F-Prepare Final Conceptual Design Report ENGINEER will incorporate City comments into a final conceptual design report and deliver hard and electronic copies to the City. Scope Item Assumptions: • The City staff will provide comments to the ENGINEER on the draft conceptual design report. Meetings: Included in 1.10 Conceptual Submittal Client Review Workshop Deliverables: • Final conceptual design report— PDF copy • Three (3) hard copies of the final conceptual design report. 1.08G-QA / QC ENGINEER will document internal Quality Assurance review comments on the conceptual design layout drawings and conceptual design report. ENGINEER will address internal Quality Assurance review comments. Scope Item Assumptions: • The ENGINEER will provide a quality assurance review of conceptual design report. City Proj. No. 18069A Exhibit"A" Page 15 of 21 Meetings: Included in 1.10 Conceptual Submittal Client Review Workshop Deliverables: Included in 1.08 F Final Conceptual Design Report 1.09 Conceptual Design Report Workshop ENGINEER will prepare a MS PowerPoint presentation for the Conceptual Submittal Workshop. ENGINEER will lead Conceptual Submittal Workshop to discuss the draft conceptual design report. ENGINEER will incorporate comments from the City into the final conceptual design report, as detailed in 1.08 F Final Conceptual Design Report. Scope Item Assumptions: • The City staff will provide comments to the ENGINEER on the draft conceptual design report. • The City staff will attend the Conceptual Submittal Workshop Meetings: • One (1) four-hour Conceptual Submittal Client Review Workshop Deliverables: • PowerPoint presentation for the Conceptual Submittal Workshop • Final conceptual design report— Included under 1.08 F. Additional Services 1. TCEQ Coordination ENGINEER will meet with City Staff to discuss existing TCEQ permitting requirements and understand projected future permitting requirements. As needed, the ENGINEER will coordinate with TCEQ. Scope Item Assumptions: • The City staff will provide information regarding permitting as needed. City Proj. No. 18069A Exhibit"A" Page 16 of 21 • ENGINEER and the City will establish design requirements based on projected TCEQ effluent requirement at on-set of the project. The ENGINEER's effort does not account for changes in assumptions for GWWTP effluent requirements occurring during the project execution or after the project completion. Meetings: • Two (2) one-hour meetings with City Staff to discuss permitting requirements • Two (1) one-hour conference calls with TCEQ to discuss permitting requirements Deliverables: • Section on TCEQ permitting requirements in the Conceptual Design Report 2. Topographic Survey (N/A) 3. SUE (N/A) 4. Environmental Issues (N/A) S. Warranty Phase (N/A) 6. Clarify Capacity Validation Modeling (TBD) 7. Interim Optimization of Plant Operations and Odor Control ENGINEER will coordinate with plant operations staff to identify any operational changes that may improve plant performance or odor control in near-term while the alternative evaluation is proceeding. The ENGINEER will share any operational optimization information obtained from the calibrated process model and provide input into troubleshooting and optimization of the plant based on plant data that is trended and analyzed. ENGINEER will coordinate with plant operations staff. ENGINEER will provide example trending MS EXCEL files that would be useful for the City in analyzing trending at the GWWTP. Scope Item Assumptions: • The ENGINEER will provide MS EXCEL files to the City, after which the City is responsible for utilizing and updating (if desired) • The City staff will be responsible to implement any operational changes discussed with ENGINEER as part of the routine calls. Meetings: City Proj. No. 18069A Exhibit"A" Page 17 of 21 • Six (6) one-our operational optimization meetings or phone calls with City Staff Deliverables: • MS Excel spreadsheet of trending graphs for use by the City 8. Coordination of On-Going Greenwood Projects 8.01 Schedule development and maintenance ENGINEER will develop a schedule for the on-going projects at the Greenwood WWTP. ENGINEER will update the schedule as needed and coordinate with other consulting engineers and City staff. Scope Item Assumptions: • The City staff will provide design drawings to ENGINEER. • Consulting engineers will o Provide information on their respective project at the Greenwood WWTP including schedule and updates on aspect of design they are working on. o Provide critical path items o Provide project constraints o Provide updates 1 week prior to meetings Meetings: Included under 8.02 Meetings, Minutes and Coordination. Deliverables: • MS Project schedule listing critical path items for on-going projects at the Greenwood WWTP. Updates of the schedule. 8.02 Meetings, Minutes and Coordination As requested by The City, the ENGINEER will lead up to four(4) meetings to coordinate the on-going projects at the Greenwood WWTP. ENGINEER will provide meeting minutes to the City and attendees. Scope Item Assumptions: • The City staff will coordinate, schedule, and attend meetings • Consulting engineers will: City Proj. No. 18069A Exhibit"A" Page 18 of 21 o Attend meetings and provide information on their respective project at the Greenwood WWTP including schedule and updates on aspect of design they are working on. o Provide updates 1 week prior to meeting Meetings: • Up to four (4) meeting(s) to coordinate with consulting engineers and City staff Deliverables: • Meeting Minutes SCHEDULE The following figure summarizes the planned project schedule. This project is expected to start March 1, 2018 and proceed until November 30, 2018. The following proposed schedule is provided to delineate the critical path tasks. City Proj. No. 18069A Exhibit"A" Page 19 of 21 ID (Task Motle Task Name oration tart finish redecezzors 1st Qua�r 2M Qua 3b Quarter 4th Quarter 1 Project Progress Meetings and Minutes 180 days Thu 3/1/18 Wed 11/7/18 San Dec Project Coordination 180 days Thu 3/1/18 Wed 11/]/18 3 0 2 Project Schedule and Updates 180 days Thu 3/1/18 Wed 11/]/18 1 Q m Site Survey and Coordinatlon 45 days Thu 3/15/18 Wed 5/16/18 5 0 3 Incorponite Geotechnical Investigation Findings 15 days Mon 4/2/18 Fri 4/20/18 f © Process Evaluation :0,1,y 0 days Thu 3/1/18 Wed]/4/18 , 0 2 y alit apacrty—1-r- 30 days Thu 3/1/18 Wed 4/11/18 g 0 meM ltnPimfsdieal calwcny evaivati.n ane Peceas 45 days Thu 3/1/18 Wed 5/2/18 g Q 01 40 days Thu 3/1/18 Wed 4/25/18 1p '3 odor tom eP -luau.. 30 days Thu 5/3/18 Wed 6/13/18 8 It E3 3 Fieaccaievaivaticn 35 days Thu 3/15/18 Wed 5/2/18 12 S 2 lac ace&coon evaivae°" 35 days Mon 4/2/18 Fri 5/18/18 13 :2 Alternatives Assessment 53 days Thu 5/3/18 Mon 7/16/18 14 3 A."1°h2a Ei11 n 1day Thu 5/3/18 'Thu 5/3/18 7,8 15 :2 F.oVnM evaivaionf concedwai iayow of airernarerec 15 days Fri 5/4/18 Thu 5/24/18 14 16 :3 u "f P die cmt(C"ce .1) 15 days Fri 5/25/18 Thu 6/14/18 15 17 :3 Ane"'M've a" 1 day Fri 6/15/18 Fri 6/15/18 16 Iz 18 :3 nnematne seieawn 1 day Mon 6/18/18 Mon 6/18/18 17 T1 19 2 Seidman Tech Mew..,P—WH 45 days Fri 5/4/18 Thu 7/5/18 14 20 seiece.c.—u 7 days Fri 7/6/18 Mon 7/16/18 19 21 Conceptual Design 85 days Tue 7/17/18 Mon 11/12/18 22 '� C"cceduai I.,.design d—ru. 60 days Tue 7/17/18 Mon 10/8/18 13 21 '� C.—M.1 W.i.t—W 45 days T-7/17/18 Mon 9/17/18 13 2q .'r—OP-1— 15 days Tue 9/18/18 Mon 10/8/18 23 25 c"nceduai ccncuuaion schmuiea pcm 15 days Tue 9/18/18 Mon 10/8/18 23 26 '� own c"cceduai ee.,­,r '25 days Tue 9/18/18 Mon 10/22/18 23 27 '� Fwai c.nceduai eeagn reaoe 15 days Tue 10/23/18 Mon 11/12/18 26 28 oApc 40 days Tue 9/18/18 Man 11/12/1823 29 Conceptual Submittal Preparation 7 days T-11/13/18 Wed 11/21/18 27 30 Conceptual Client Review Meeting 1 day Thu 11/22/18 Thu 11/22/18 29 31 Additional Services 180 days Thu 3/1/18 Wed 11/7/18 32 TCF.ccominaeon 180 days Thu 3/1/18 Wed 11/7/18 33 i.1nw ogiwiraii.n of Piecf oeeau"cc ane odor Comr.i 100 days Thu 3/1/18 Wed 7/18/18 3q o 3 coo vur.n or .....m ar"j.- 180 days Thu 3/1/18 Wed 11/7/18 T- sum 1�"1 Manual Tank start-Doty Deaeiwe i Manual g r Protea maty Pm ress Pr j—Greenwood Process Eva split ................ I—,Ick Durauo,.ony � Finish-.niy � onicai � Date:Thu 2/15/18 Miiezmce ■ Naive Mii— Macuaisummaryiwiiup P..1 City Proj. No. 18069A Exhibit"A" Page 20 of 21 FEE Services will be provided on a Lump Sum basis for a total not-to-exceed contract amount of $612,500. If you have any questions or if you would like to discuss in more detail, please feel free to call me at 469-250-3781. Sincerely, Hazen and Sawyer TBPE Firm No. F-13618 cs"- Q'a41�( a- Chamindra Dassanayake, Ph.D, P.E. Marc Santos, PE Vice President Senior Principal Engineer Southwest Regional Manager Corpus Christi Office Manager City Proj. No. 18069A Exhibit"A" Page 21 of 21 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 Ile❑0ELI❑ and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 2 Ile❑0ELI❑ coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Ile❑0ELI❑ SUPPLIER NUMBER TO BE ASSIGNED BY- CITY-PURCHASING DIVISION City of' CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to¢o business with the City to provide the following information. Every question must be answered. If the'question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: 14A 2 E J`( A*J b P.O.BOX: 9).6-0 K OEJITWAL- EKpw%/ STREET ADDRESS:C^MfS;LL C.t.f .(Z S�t TI: CITY: P A-L—R-S' ZIP: 0 FIRM IS: 1. Coro ation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this age or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT "E" Pae 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public ingeneral or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: G gyve//y,p(L�4 D,g��p-y'A�yrlk6Title: Vla �Rf1/A��dT 'F �of./r9L iYlrl�d (Type or Print) Signature of Certifying ` Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Pase 2 of 2 se GO O Va. VA AGENDA MEMORANDUM 1St Reading Ordinance for the City Council Meeting of June 19,2018 NCORROP pEO 1852 2nd Reading Ordinance for City Council Meeting of June 26, 2018 DATE: June 1, 2018 TO: Keith Selman, Interim City Manager THRU: Mike Markle, Police Chief FROM: Robert Rocha, Fire Chief rrocha(a-).cctexas.com 361-826-3932 Ordinance accepting a grant from Coastal Bend Regional Advisory Council in the amount of $15,000 to support the Web Based Emergency Operations Center (WebEOC) CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Council in the amount of $15,000 for the benefit of the City's WebEOC operations; and appropriating $15,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. PURPOSE: The grant will be used to support the WebEOC. BACKGROUND AND FINDINGS: The Coastal Bend Regional Advisory Council (RAC) has forwarded to the City a check as a grant in the amount of $15,000. This is a direct grant for the benefit of the City's WebEOC operations. No application was required. The Office of Emergency Management (EOC)will use the funds to purchase equipment, technical support, training and travel. This is the fourteenth year that the Coastal Bend Regional Advisory Council has distributed similar grants to the Corpus Christi Fire Department. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distribution. ALTERNATIVES: Deny funding and seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY/ NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $15,000 $15,000 BALANCE $15,000 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of grant from Coastal Bend Regional Advisory Council (CBRAC) in amount of $15,000 for City's WebEOC operations; and appropriating $15,000 from CBRAC into No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for City's WebEOC. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from a grant from the Coastal Bend Regional Advisory Council in the amount of$15,000 for the benefit of the City's WebEOC operations. SECTION 2. That $15,000 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the City's WebEOC. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor vs c� 0 � H U AGENDA MEMORANDUM "nwPaRa=° First Reading Ordinance for the City Council Meeting of June 19, 2018 zs52 Second Reading Ordinance for the City Council Meeting of June 26, 2018 DATE: June 5, 2018 TO: Keith Selman, Interim City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the IMM/LOCALS Immunization Branch-Locals Grant and Grant Program Income in the amount of$311,637.00, and appropriation of the funds for the contract period September 1 , 2018 through August 31, 2019. CAPTION: Ordinance accepting grant from the Texas Department of State Health Services for the Immunization/Locals Grant Program in the amount of$241,637.00 and appropriating $70,000.00 in estimated program income. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to provide immunizations to eligible children, adolescents, and adults, with special emphasis on children three years of age or younger to stop vaccine preventable diseases from occurring in the population of the State of Texas. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $241,637.00 to provide for personnel costs, supplies and other expenses to provide immunizations to eligible children, adolescents, and adults, with special emphasis on children three years of age or younger to stop vaccine preventable diseases from occurring in the population of the State of Texas. ALTERNATIVES: Refuse the grant and discontinue providing immunizations to the population of the State of Texas. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency. This item requires two readings and ratification of the grant contract to begin September 1, 2018. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2017-2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $25,970.00 $285,667.00 $311 ,637.00 BALANCE $25,970.00 $285,667.00 $311 ,637.00 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. The Department of State Health Services ("DSHS") allows the Health Department to charge fees to administer vaccines provided by the grant; however, any fees collected during each month of the grant must be deducted from each monthly grant reimbursement request made to DSHS. Annual grant program fees are estimated to be$70,000 that have been included in the FY2017-2018 Health Department Budget. RECOMMENDATION: Staff recommends approval of this agenda item LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. HHS00011400001 Ordinance accepting grant from the Texas Department of State Health Services for the Immunization/Locals Grant Program in the amount of $241,637.00 and appropriating $70,000.00 in estimated program income. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a total grant amount of $241,637.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of September 1, 2018, through August 31, 2019, to provide personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger. Section 2: Authorizing the appropriation of an estimated $70,000.00, IMM/LOCALS grant program income in the No. 1066 Health Grants Fund, for a total project cost of $311,637.00. Section 3: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 4: A copy of the executed grant shall be filed in the office of the City Secretary. DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHS000114000001 UNDER THE IMMUNIZATION/LOCALS GRANT PROGRAM I.PURPOSE The Department of State Health Services ("System Agency" or"DSHS), a pass-through entity, and Corpus Christi-Nueces County Public Health District (City) ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for immunization services(the"Contract"). II.LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of the Public Health Services Act Section 317,42 U.S. Code Section 247B and Texas Health and Safety Code Chapter 12. III.DURATION The Contract is effective on September 1, 2018, and terminates on August 31, 2019 (hereinafter referred to as"Fiscal Year 2019"or"FY 2019"),unless renewed,extended,or terminated pursuant to the terms and conditions of the Contract. The System Agency,at its own discretion,may extend this Contract subject to terms and conditions mutually agreeable to both Parties. IV.BUDGET The total amount of this Contract will not exceed ONE HUNDRED THIRTY-FOUR THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS ($134,125.00) in state funds and ONE HUNDRED SEVEN THOUSAND FIVE HUNDRED TWELVE DOLLARS ($107,512.00) in federal grant funds for a total amount not to exceed of TWO HUNDRED FORTY-ONE THOUSAND SIX HUNDRED THIRTY-SEVEN DOLLARS ($241,637.00). All expenditures under the Contract will be in accordance with ATTACHMENT B.BUDGET. V.NOTICE TO PROCEED Funding for this Contract is dependent on the award of the applicable federal grant. No FY 2019 work may begin and no charges may be incurred until the System Agency issues a written notice to proceed to Grantee. This Notice to Proceed may include an amended or ratified budget which will be incorporated into this Contract by a subsequent amendment,as necessary.Notwithstanding the preceding, at the discretion of the System Agency, Grantee may be eligible to receive reimbursement for eligible expenses incurred during the period of performance as defined by 2 CFR§200.309. VI.REPORTING REQUIREMENTS System Agency Contract No HHS000114000001 Page I of 38 DocuSign Envelope ID:2263F46247054710-BB3B-9F911141F460 The Contract contains reporting requirements as stated in Attachment A, Statement of Work. VII.CONTRACT REPRESENTATIVES. The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Agency Texas Department of State Health Services PO Box 149347,MC 1990 Austin,Texas 78714-9347 Attention: Tray Kirkpatrick Grantee Corpus Christi-Nueces County Public Health District(City) 1702 Home Road Corpus Christi,Texas 78416 Attention: Jessica Hernandez,LVN VIII.LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail,postage paid, certified, return receipt requested; or with a common carrier,overnight,signature required,to the appropriate address below: System Agency Texas Department of State Health Services PO Box 149347,MC 1911 Austin,Texas 78714-9347 Attention: General Counsel Grantee Corpus Christi-Nueces County Public Health District(City) 1702 Home Road Corpus Christi,Texas 78416 Attention: Annette Rodriguez Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notice by written notice to the other Party. IX.ADDITIONAL GRANT INFORMATION Federal Award Identification Number(FAIN): TBD Federal Award Date: TBD Name of Federal Awarding Agency: Centers for Disease Control and Prevention CFDA Name and Number: Immunizations and Vaccines for Children Program 93.268 Awarding Official Contact Information: TBD System Agency Contract No HHS000114000001 Page 2 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO. HHS000114000001 SYSTEM AGENCY GRANTEE Janna Zumbrun Name:Annette Rodriguez Associate Commissioner Title: Date of execution: Date of execution: THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT NO. HHS000114000001 ARE HEREBY INCORPORATED BY REFERENCE: ATTACHMENT A—STATEMENT OF WORK ATTACHMENT B—BUDGET ATTACHMENT C—UNIFORM TERMS AND CONDITIONS ATTACHMENT D—SUPPLEMENTAL AND SPECIAL CONDITIONS ATTACHMENT E—FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT F—FFATA ATTACHMENT G—DATA USE AGREEMENT ATTACHMENTS FOLLOW ;�4 ved as to f tant City Attorne For City Attorney System Agency Contract No HHS000114000001 Page 3 of38 DocuSign Envelope ID:2263F462-4705A71D-BB3B-9F911141F460 ATTACHMENT A STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES Grantee will: A. Implement and operate an immunization program for children,adolescents,and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children three (3) years of age or younger (birth to 35 months of age). Grantee shall incorporate traditional and non-traditional systematic approaches designed to eliminate barriers, expand immunization capacity, and establish uniform operating policies,as described herein. B. Be enrolled as a provider in the Texas Vaccines for Children (TVFC) and the Adult Safety Net (ASN) Programs by the effective date of this Contract. This includes a signed Deputizatiou Addendum Form (EFI I-13999) and adherence to the TVFC Operations Manual, TVFC and ASN Provider Manual, and associated TVFC policy guidelines provided by the DSHS Immunization Unit, as amended (available at littp•//www dslis.texas.govlimnLin ize/tvfc/tvfc manual.shtm and littp://www.clslis.texas.,gov,'.inlnlLliiize/t-,,fc,publicitions.11,SPIX)- C. Comply with written policies and procedures provided by DSHS in managing vaccines supplied through the ASN and TVFC Programs, including guidelines for proper storage,handling,and safeguarding of vaccines in the event of natural disaster. Grantee will comply with all requirements laid out in the final, approved FYI Work Plan, as amended and approved by DSHS. 1. Grantee will use the current vaccine management system as described in the TVFC and ASN Provider Manual, as amended. 2. Grantee will notify ASN and TVFC providers of changes to vaccine storage and handling,vaccine management reporting,and present updates and training to providers,as requested by DSHS. 3. Grantee will plan and implement community-based activities and collaborations to accomplish the required tasks as specified in the final,approved FYI Work Plan. D. Report all notifiable conditions as specified in Texas Administrative Code(TAC)Title 25, Part I §§ 97.1-97.6,as amended,and as otherwise required by law. E. Report all vaccine adverse event occurrences in accordance with the 1986 National Childhood Vaccine Injury Act (NCVIA) 42 U.S.C. § 300aa-25 (located at http://vaers.hhs.gov or 1-800-822-7967), as amended. F. Inform and educate the public about vaccines and vaccine-preventable diseases,as described in the FY 19 Work Plan and in the DSHS Immunization Contractors Guide for Local Health Departments, as amended(located at System Agency Contract No HHS000114000001 Page 4 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 https: dshs.texas.(iov/immunize/lhd.slitm). G. Conduct outreach and collaborative activities with American Indian tribes located within the boundaries of the Grantee's jurisdiction. H. Report outreach done,and collaborative efforts made,with the American Indian tribes in the Grantee's jurisdiction, as directed by System Agency. I. Perform outreach and education activities targeting adolescents 14 to 18 years of age and their parents via healthcare providers, healthcare clinics, hospitals, and any other healthcare facility providing health care to adolescents 14 to 18 years of age to satisfy Texas Health and Safety Code Chapter 161, Subsection A, Section 161.0095 requirements, as amended. Outreach and education activities must focus on the immunization registry and the option for an individual who is 18 years of age or older to consent as an adult and have their childhood immunization records stored within the immunization registry for a lifetime. Additional outreach and educational activities may focus on high schools,colleges,and universities. J. Work to promote a healthcare workforce within the Grantee's service area (including Grantee's staff) that is knowledgeable about vaccines, vaccine safety, vaccine- preventable diseases, and delivery of immunization services. K. Not deny vaccinations to recipients because they do not reside within Grantee's jurisdiction or because of an inability to pay an administration fee. L. Comply with all applicable federal and state regulations and statutes, as amended, including but not limited to: 1. Human Resources Code §42.043,VTCA; 2. Education Code§§38.001-38.002,VTCA; 3. Health and Safety Code §§12.032, 81.023,and 161.001-161.009,VTCA; 4. TAC Title 25,Chapter 97; 5. TAC Title 25,Chapter 96; 6. TAC Title 25,Chapter 100; 7. 42 USC §§247b and 300 as-25; 8. Omnibus Budget Reconciliation Act of 1993,26 USC §4980B. M. Comply with current applicable state and federal standards,policies,and guidelines,as amended, including but not limited to DSHS Standards for Public Health Clinic Services, revised August 31, 2004 (located at http: www.dslis.texas.gov qmb default.shtm =public). N. Be responsible for identification and case management of all hepatitis B surface antigen (HBsAg)-positive pregnant women. Grantee shall ensure timely newborn post exposure prophylaxis(PEP)with hepatitis B vaccine and hepatitis B immune globulin (HBIG), timely completion of doses two and three of hepatitis B vaccine, and timely System Agency Contract No HHS000114000001 Page 5 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 completion of post-vaccination serologic testing(PVST). O. Be responsible for assessing and/or auditing coverage rates and/or compliance with vaccine requirements at assigned schools and childcare facilities in accordance with the Population Assessment Manual,which is distributed annually from the Department. P. Be responsible for conducting outreach regarding vaccinations for children(19 through 35 months of age in the Grantee's jurisdiction) included on the list distributed to Grantee by the ImmTrac Group at DSHS. Lists are distributed through ImmTrac2 at the start of each quarterly reporting period. Q. Be responsible for conducting outreach to 17-year-olds included on the lists distributed to the Grantee by the ImmTrac Group at DSHS to explain the lifetime registry and obtain their consent to remain in ImmTrac2 as an adult. R. Be responsible for conducting outreach to existing h=Trac2 providers that have not logged into ImmTrac2 in the last 90 days. S. Transfer(which may include shipping)overstocked vaccines and vaccines approaching expiration to alternate providers for immediate use when instructed to do so by the DSHS Public Health Region(PHR) Immunization Program Manager to avoid vaccine waste. Grantee is responsible for covering the cost to ship overstocked vaccines and vaccines approaching expiration. T. Receive written approval from DSHS before varying from applicable policies, procedures, protocols, and/or work plans, and must update and disseminate its implementation documentation to its staff involved in activities under this Contract within forty-eight(48)hours of making approved changes. U. Review monthly Contract funding expenditures and salary savings from any Contract- paid staff vacancies and revise spending plan to ensure that all funds will be properly expended under this Contract before the end of the Contract term. V. Send at least one representative to System Agency's Immunization Unit mandatory meetings, including the 1) TVFC Annual Training typically held in the first two quarters of the Contract year, and 2) another training as determined by the Immunization Unit. Additional mandatory meetings may be required during the Contract term. W. Submit out-of-state travel requests to the Immunization Unit for approval when utilizing Contract funds or program income. X. Agree DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Grantee's expenditures on a monthly basis. If expenditures are below what is projected in Grantee's total Contract amount, Grantee's budget may be subject to a decrease for the remainder of the System Agency Contract No HHS000114000001 Page 6 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 Contract term. Vacant positions existing after ninety(90)days may result in a decrease in funds. Y. Utilize the Assessment, Feedback, Incentives, and eXchange (AFIX) on-line tool and methodology to assess immunization practices and coverage rates for all subcontracted entities and non-local health department clinics. Immunization provider coverage rates will be generated using the Comprehensive Clinic Assessment Software Application (CoCASA), as specified by DSHS. Z. Utilize the Centers for Disease Control and Prevention (CDC) Provider Education, Assessment, and Reporting (PEAR) system and directly enter data into PEAR to document TVFC compliance site-visits for all subcontracted entities and non-local health department clinics. If not entered directly into PEAR at the time of the visit,the Contractor shall submit the final assessment results in the PEAR system within twenty- four(24)hours of conducting the visit. AA. Utilize the CDC PEAR system and directly enter data into PEAR to document TVFC unannounced storage and handling visits conducted at TVFC provider offices. If not entered directly into PEAR at the time of the visit, the Contractor shall submit the final unannounced storage and handling visit results in the PEAR system within twenty-four (24)hours of conducting the visit. BB. Report the number of doses administered to underinsured children monthly,as directed by DSHS. CC. Report the number of unduplicated underinsured clients served,as directed by DSHS. DD. Complete and submit Immunization Inter-Local Agreement (ILA) Quarterly Report form, utilizing the format provided by the DSHS Immunization Unit and available at https://cislis.texas.�*ov/imnntnize liid.shtm, by the report due date. If the due date falls on a weekend or state approved holiday,the report is due the next business day. Report Type Reporting Period Report Due Date Programmatic 09/1/2018 to 11/30/2018 12/31/2018 Programmatic 12/1/2018 to 02/28/2019 3/31/2019 Programmatic 03/1/2019 to 05/30/2019 6/30/2019 Programmatic 06/1/2019 to 08/31/2019 09/30/2019 Submit quarterly reports electronically through SurveyGizmo following instructions provided by the DSHS Immunization Unit and according to the time frames stated above. Supplemental report documents(PEAR and AFIX reports, vacancy letters,etc.)should be sent to dshsimmunizationcontracts(c,dshs.texas.t;oN'. System Agency Contract No HHS000114000001 Page 7 of 38 DocuSign Envelope ID:2263F462-4705-471 D-BB3B-9F91 1141 F460 Il. PERFORMANCE MEASURES A. The System Agency will monitor the Grantee's performance of the requirements in this Attachment A and compliance with the Contract's terms and conditions. B. The following performance measures will be used,in part,to assess Grantee's effectiveness in providing the services described in this Contract, without waiving the enforceability of any of the terms of the Contract. 1. Investigate and document, in accordance with DSHS Emerging and Acute Infectious Disease Investigation Guidelines(located at iittp://www.dshs.texas.gov/[DCU/itwesti,ration/Investigation-Guidance.xIs)and NBS Data Entry Guidelines(located at ltttns://t.yneclvs.cichs.te.vas.�,ov:80091PHINDox/Usei-Resotn•cevINBS DataEntrVG11i de2017.1?c1>),at least 90%of confirmed or probable reportable vaccine-preventable disease cases within thirty(30)days of initial report to public health. 2. Complete 100% of the follow-up activities, designated by DSHS, for TVFC provider quality assurance site visits assigned by DSHS. 3. Contact and provide case management to 100% of the number of hepatitis B surface antigen-positive pregnant women identified. 4. Contact 3%or 250 children(whichever is more), per each Full Time Equivalent (FTE)contract employee position that conducts ImmTrac2 activities,who are not up-to-date on their immunizations according to the ImmTrac2-generated client list provided to the Grantee by DSHS at the beginning of each reporting period. 5. Participate in at least one (1) collaborative meeting concerning tribal health issues, concerns, or needs with American Indian tribal members during the Contract term if American Indian tribes are in their jurisdiction. 6. Review 100% of monthly biological reports, vaccine orders (when applicable), and temperature recording forms for accuracy to ensure the vaccine supply is appropriately maintained and within established maximum stock levels. Review and approval for vaccine orders (when applicable) must be documented in the Electronic Vaccine Inventory(EVI)system. 7. Complete 100% of childcare facility and Head Start center audits and assessments, in accordance with the Immunization Population Assessment Manual, as assigned by the DSHS Immunization Unit. 8. Complete 100% of public and private school audits, assessments, retrospective surveys,and validation surveys,in accordance with the Immunization Population Assessment Manual, as assigned by DSHS. System Agency Contract No HHSOOO114000001 Page 8 of 38 DocuSign Envelope ID:2263F462-4705-471D-6838-9F911141F460 III. INVOICE AND PAYMENT A. Grantee shall request payment by preparing an invoice and submitting acceptable supporting documentation for reimbursement of the required services/deliverables. Invoices and supporting documentation provided shall be submitted to System Agency no later than thirty(30)days after the last day of each month. Documentation shall be submitted in a format approved by DSHS Immunization Unit. At a minimum invoices should include: 1. Grantee name, address, email address, vendor identification number or Social Security number,and telephone number; 2. DSHS Contract or Purchase Order number; 3. Dates services were completed and/or products were delivered; and 4. The total invoice amount;and 5. Supporting documentation must include receipts with a zero balance for items such as hotel, rental car and fuel, taxi, airline or mileage as documented by a readily available online mapping service. Receipts for supplies,registration fees and other items ordered and paid. A copy of the Personnel and Temporary Staff General Ledger for the period which supports the budget items requesting reimbursement. Paid invoices to contractors for services received. Receipts for meals are not required. B. Grantee shall request monthly payments using the State of Texas Purchase Voucher (Form B-13) at http: www.dshs.texas.t?ov l;rants fol7ns.shtm. Voucher and supporting documentation shall be mailed or submitted by fax or electronic mail to DSHS Claims Processing Unit at the address/number below, and also sent via email to Tray Kirkpatrick,DSHS Contract Management Section, at Tray.Kirkpatrick(cb,dshs.texas.gov, and to the Immunization Unit at DS HS ImnutnizationContractsCtidshs.texas.�lov. Department of State Health Services Claims Processing Unit,MC 1940 1100 West 49`h Street P.O. Box 149347 Austin,TX 78714-9347 FAX: (512)458-7442 EMAIL: invoices(cbdshs.texas.gov and to CMSmvoices(c),dshs.texas.gov C. Grantee will be paid on a cost reimbursement basis and in accordance with the Budget in Attachment B of this Contract. System Agency Contract No HHS000114000001 Page 9 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 ATTACHMENT B BUDGET Organization Name: Corpus Christi-Nueces Co PHD(City) Program ID: IMWLOCALS Contract Number: HHS000114000001 Budget Categories Budget for FY 2019 Personnel $146,548.00 Fringe Benefits $62,752.00 Travel $7,324.00 $0.00 Equipment Supplies $12,052.00 Contractual $0.00 Other $12,961.00 Total Direct Costs $241,637.00 Indirect Costs $0.00 Total $241,637.00 System Agency Contract No HHS000114000001 Page 10 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F91114lF460 HHSC Uniform Terms and Conditions Version 2 15 Published and Effective September 1,2017 Responsible Office:Chief Counsel TEXAS Health and Human Services Health and Human Services Commission HHSC Uniform Terms and Conditions-Grant Version 2.15 System Agency Contract No HHS000114000001 Page 11 of38 DocuSign Envelope ID:2263F462-4705-471D-B13313-9F911141F460 .01 1: ARTICLE I.DEFINITIONS AND INTERPRETIVE PROVISIONS....................................4 1.01 Definitions..........................................................................................................................4 1.02 Interpretive Provisions........................................................................................................5 ARTICLE II Payment Methods and Restrictions.....................................................................6 2.01 Payment Methods.............................................................................................................6 2.02 Final Billing Submission..................................................................................................6 2.03 Financial Status Reports(FSRs)......................................................................................7 2.04 Debt to State and Corporate Status..................................................................................7 2.05 Application of Payment Due............................................................................................7 2.06 Use of Funds.....................................................................................................................7 2.07 Use for Match Prohibited.................................................................................................7 2.08 Program Income...............................................................................................................7 2.09 Nonsupplanting................................................................................................................8 ARTICLE III.STATE AND FEDERAL FUNDING................................................................8 3.01 Funding.............................................................................................................................8 3.02 No debt Against the State.................................................................................................8 3.03 Debt to State.....................................................................................................................8 3.04 Recapture of Funds...........................................................................................................8 ARTICLE IV Allowable Costs and Audit Requirements.........................................................9 4.01 Allowable Costs...............................................................................................................9 4.02 Independent Single or Program-Specific Audit.............................................................10 4.03 Submission of Audit....................................................................................................... 10 Article V AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS............................10 5.01 General Affirmations......................................................................................................10 5.02 Federal Assurances........................................................................................................ 10 5.03 Federal Certifications..................................................................................................... 10 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY...................................11 6.01 Ownership.....................................................................................................................Al 6.02 Intellectual Property....................................................................................................... 11 ARTICLE VII RECORDS,AUDIT,AND DISCLOSURE...................................................11 7.01 Books and Records.........................................................................................................11 7.02 Access to records,books,and documents......................................................................11 Grantee Uniform Terms and Conditions Page 2 of 19 V 911" System Agency Contract No HHS000114000001 Page 12 of 38 DocuSign Envelope ID:2263F462-4705-471D-1313313-9F911141F46G 7.03 Response compliance with auditor inspection findings................................................ 12 7.04 SAO Audit...................................................................................................................... 12 7.05 Confidentiality................................................................................................................ 12 7.06 Public Information Act................................................................................................... 12 ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION............. 12 8.01 Contract Management.................................................................................................... 12 8.02 Termination for Convenience......................................................................................... 13 8.03 Termination for Cause.................................................................................................... 13 8.04 Equitable Settlement...................................................................................................... 13 ARTICLE Ll'MISCELLANEOUS PROVISIONS................................................................. 13 9.01 Amendment.................................................................................................................... 13 9.02 Insurance........................................................................................................................ 13 9.03 Legal Obligations........................................................................................................... 14 9.04 Permitting and Licensure............................................................................................... 14 9.05 Indemnity.......................................................................................................................14 9.06 Assignments................................................................................................................... 15 9.07 Relationship ofthe Parties.............................................................................................. 15 9.08 Technical Guidance Letters............................................................................................ 15 9.09 Governing Law and Venue............................................................................................ 16 9.11 Survivability................................................................................................................... 16 9.12 Force Majeure................................................................................................................ 16 9.13 No Waiver of Provisions................................................................................................ 16 9.14 Publicity......................................................................................................................... 16 9.15 Prohibition on Non-compete Restrictions...................................................................... 17 9.16 No Waiver of Sovereign Immunity................................................................................ 17 9.17 Entire Contract and Modification................................................................................... 17 9.18 Counterparts................................................................................................................... 17 9.19 Proper Authority............................................................................................................. 17 9.20 Employment Verification.............................................................................................. 17 9.21 Civil Rights................................................................................................................... 17 Grantee Uniform Terns and Conditions Page 3 of 19 9117 System Agency Contract No HHS000114000001 Page 13 of 38 DocuSign Envelope ID:2263F462-4705-471D-1313313-9F91I141F460 ARTICLE I.DEFINITIONS AND INTERPRETIVE PROVISIONS 1.01 Definitions As used in this Contract,unless the context clearly indicates otherwise,the following terns and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the parties hereto, which documents changes to the Contract other than those permitted by Work Orders or Technical Guidance Letters,as herein defined. "Attachment"means documents,terms,conditions, or additional information physically added to this Contract following the Signature Document or included by reference, as if physically, within the body ofthis Contract. "Contract"means the Signature Document,these Uniform Terms and Conditions,along with any Attachments, and any Amendments, or Technical Guidance Letters that may be issued by the System Agency,to be incorporated by reference herein for all purposes if issued. "Deliverable" means the work product(s) required to be submitted to the System Agency including all reports and project documentation. "Effective Date"means the date agreed to by the Parties as the date on which the Contract takes effect. "Federal Fiscal Year"means the period beginning October 1 and ending September 30 each year,which is the annual accounting period for the United States government. "GAAI'"means Generally Accepted Accounting Principles. "GASB"means the Governmental Accounting Standards Board. "Grantec"means the Party receiving finds under this Contract,if any.May also be referred to as "Contractor"in certain attachments. "Health and Iluman Services Commission" or "I111SC" means the administrative agency established under Chapter 531,Texas Government Code or its designee. "IIL113" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Intellectual ProverIN' means inventions and business processes, whether or not patentable; works of authorship;trade secrets;trademarks; service marks;industrial designs;and creations that are subject to potential legal protection incorporated in any Deliverable and first created or developed by Grantee,Grantee's contractor or a subcontractor in performing the Project. "Mentor Protdp,c" means the Comptroller of Public Accounts' leadership program found at: http:':wxii%-.windowstate.tx.usprocurement'prog.hub mentorprotege. Grantee Uniform Terms and Conditions Page 4 of 19 v 9117 System Agency Contract No HHS000114000001 Page 14 of38 DocuSign Envelope ID:2263F462-4705A71D-131338-9F911141F460 "Parties"means the System Agency and Grantee,collectively. "Paiiv"means either the System Agency or Grantee,individually. "Yrogrmn"means the statutorily authorized activities of the System Agency under which this Contract has been awarded. "Pro'ect"means specific activities of the Grantee that are supported by funds provided under this Contract. "Public Infonnation Act"or"PIA"means Chapter 552 of the Texas Government Code. "Statement of Work"means the description of activities performed in completing the Project,as specified in the Contract and as may be amended. "Sieliature Document"means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "Solicitation or "RFA"" means the document issued by the System Agency under which applications for Program funds were requested,which is incorporated herein by reference for all purposes in its entirety,including all Amendments and Attachments. "Solicitation Response" or "Application" means Grantee's full and complete response to the Solicitation,which is incorporated herein by reference for all purposes in its entirety,including any Attachments and addenda. "State Fiscal Year"means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas Tartravef' means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C,Section 5.22,relative to travel reimbursements under this Contract,if any. "System Agency"means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under State law and the officers, employees, and designees of those agencies.These agencies include:HHSC and the Department of State Health Services. "Technical Guidance Letter" or"TOL" means an instruction, clarification, or interpretation of the requirements of the Contract,issued by the System Agency to the Grantee. 1.02 Interpretive Provisions a. The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms. b. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision,section, Attachment,or schedule of this Contract unless otherwise specified. c. The term "including"is not limiting and means "including without limitation"and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications thereto,but only to the extent that such Amendments and other modifications are not prohibited by the terms ofthis Contract,and(ii)references to Grantee Uniform Terms and Conditions Page 5 of 19 v.9.1.17 System Agency Contract No HHS000114000001 Page 15 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating;amending;replacing, supplementing,or interpreting the statute or regulation. d. Any references to "sections," "appendices," or "attachments" are references to sections, appendices,or attachments ofthe Contract. e. Any references to agreements,contracts,statutes,or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract f. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. g. All Attachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. It. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations,regulations,and policies are cumulative and each will be performed in accordance with its tennis. i. Unless otherwise expressly provided,reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase"in its sole discretion." j. Time is of the essence in this Contract. ARTICLE II PAYMENT METHODS AND RESTRICTIONS 2.01 Payment Methods Except as otherwise provided by the provisions of the Contract,the payment method will be one or more of the following: a. cost reimbursement. This payment method is based on an approved budget and submission of a request for reimbursement of expenses Grantee has incurred at the time of the request; b. unit rateffee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service and acceptable submission of all required documentation,forms and/or reports:or c. advance payment. This payment method is based on disbursal of the minimum necessary funds to carry out the Program or Project where the Grantee has implemented appropriate safeguards. This payment method will only be utilized in accordance with governing law and at the sole discretion of the System Agency. Grantees shall bill the System Agency in accordance with the Contract. Unless otherwise specified in the Contract,Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided.Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.02 Final Billing Submission Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than forty-five(45)calendar days following the end of the term of the Contract. Reimbursement or payment requests received in the System Grantee Uniform Terms and Conditions Page 6 of 19 V 91 17 System Agency Contract No HHS000114000001 Page 16 of 38 DocuSign Envelope ID:2263F462-4705-471 D-BB3B-9F911141 F460 Agency's offices more than forty-five (45) calendar days following the termination of the Contract may not be paid. 2.03 Financial Status Reports(FSRs) Except as otherwise provided in these General Provisions or in the terms of any Program Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the endi of each quarter of the Program Attachment term for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five (45) calendar days following the end ofthe applicable term. 2.04 Debt to State and Corporate Status Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State Comptroller will not issue payment to Grantee if Grantee is indebted to the State for any reason, including a tax delinquency. Grantee,if a corporation,certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law(Tex. Tax Code §§ 171.001 et seq.). If tax payments become delinquent during the Contract term,all or pari of the payments tinder this Contract may be withheld until Grantee's delinquent tax is paid in full. 2.05 Application of Payment Due Grantee agrees that any payments due under this Contract will be applied towards any debt of Grantee,including but not limited to delinquent taxes and child support that is owed to the State of Texas. 2.06 Use of Funds Grantee shall expend funds provided under this Contract only for the provision of approved services and for reasonable and allowable expenses directly related to those services. 2.07 Use for Match Prohibited Grantee shall not use funds provided under this Contract for matching purposes in securing other funding without the written approval of the System Agency. 2.08 Program Income Income directly generated from funds provided under this Contract or earned only as a result of such funds is Program Income. Unless otherwise required tinder the Program,Grantee shall use the addition alternative, as provided in UGMS §_.25(g)(2),for the use of Project income to further the Program,and Grantee shall spend the Program income on the Project. Grantee shall identify and report this income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract terns and may not carry Program Income forward to any succeeding term. Grantee shall refund program income to the System Agency if the Program Income is not expended in the temp in which it is earned. The System Agency may base future funding levels,in part,upon Grantee's proficiency in identifying,billing,collecting,and reporting Program Income,and in using it for the purposes and under the conditions specified in this Contract. Grantee Uniform Terms and Conditions Page 7 of 19 v9117 System Agency Contract No HHS000114000001 Page 17 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F91 I I 41F460 2.09 Nonsupplanting Grantee shall not use funds from this Contract to replace or substitute for existing funding from other but shall use finds from this Contract to supplement existing state or local funds currently available. Grantee shall make a good faith effort to maintain its current level of support. Grantee may be required to submit documentation substantiating that a reduction in state or local funding,if any,resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE III.STATE AND FEDERAL FUNDING 3.01 Funding This Contract is contingent upon the availability of sufficient and adequate funds. If funds become unavailable through lack of appropriations, budget cuts, transfer of finds between programs or agencies, amendment of the Texas General Appropriations Act, agency consolidation,or any other disruptions of current funding for this Contract,the System Agency may restrict,reduce, or terminate funding under this Contract. This Contract is also subject to immediate cancellation or termination,without penalty to the System Agency, if sufficient and adequate finds are not available.Grantee will have no right of action against the System Agency if the System Agency cannot perform its obligations under this Contract as a result of lack of ftnding for any activities or functions contained within the scope of this Contract. In the event of cancellation or termination under this Section,the System Agency will not be required to give notice and will not be liable for any damages or losses caused or associated with such termination or cancellation. 3.02 No debt Against the State The Contract will not be construed as creating any debt by or on behalf of the State of Texas. 3.03 Debt to State If a payment law prohibits the Texas Comptroller of Public Accounts from making a payment, the Grantee acknowledges the System Agency's payments under the Contract will be applied toward eliminating the debt or delinquency.This requirement specifically applies to any debt or delinquency,regardless of when it arises. 3.04 Recapture of Funds The System Agency may withhold all or part of any payments to Grantee to offset overpayments made to the Grantee. Overpayments as used in this Section include payments(i)made by the System Agency that exceed the maximum allowable rates:(ii)that are not allowed under applicable laws,rules,or regulations;or(iii)that are otherwise inconsistent with this Contract,including any unapproved expenditures. Grantee understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s)of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs will he paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract. Grantee Uniform Terms and Conditions Page 8 of 19 Y9.th System Agency Contract No HHS000114000001 Page 18 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 ARTICLE IV ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.01 Allowable Costs. System Agency will reimburse the allowable costs incurred in performing the Project that are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable terns to be eligible for reimbursement under this Contract. The System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. If the System Agency has paid finds to Grantee for unallowable or ineligible costs,the System Agency will notify Grantee in writing,and Grantee shall return the finds to the System Agency within thirty(30)calendar days of the date of this written notice. The System Agency may withhold all or part of any payments to Grantee to offset reimbursement for any unallowable or ineligible expenditure that Grantee has not reftinded to the System Agency,or if financial status report(s)required under the Financial Status Reports section are not submitted by the due date(s). The System Agency may take repayment(recoup)from funds available under this Contract in amounts necessary to fulfill Grantee's repayment obligations. Applicable cost principles,audit requirements,and administrative requirements include- Applicable Entity Applicable Cost Audit Administrative Principles Requirements Requirements Slate, Local and 2 CFR,Part 225 2 CFR Part 200, 2 CFR Part 200 and Tribal Govermnents Subpart F and UGMS UGMS Educational 2 CFR,Part 220 2 CFR Part 200, 2 CFR Part 200 and Institutions Subpart F and UGMS UGMS Non-Profit 2 CFR,Part 230 2 CFR Part 200, 2 CFR Part 200 and Organizations Subpart F and UGMS UGNIS For-profit 48 CFR Part 31, 2 CFR Part 200, 2 CFR Part 200 and Organization other Contract Cost Subpart F and UGMS than a hospital and an Principles UGMS organization named in Procedures, or OMB Circular A-122 uniform cost (2 CFR Part, 230) as accounting not subject to that standards that circular. comply with cost principles acceptable to the federal or state awarding agency Grantee Uniform Terms and Conditions Page 9 of 19 v 91 17 System Agency Contract No HHS000114000001 Page 19 of 38 DocuSign Envelope ID;2263F462-4705-471D-BB3B-9F911141F460 OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.02 Independent Single or Program-Specific Audit If Grantee,within Grantee's fiscal year,expends a total amount of at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS($750,000)in federal finds awarded,Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200.The$750,000 federal threshold amount includes federal finds passed through by way of state agency awards.If Grantee,within Grantee's fiscal year,expends a total amount of at least$750,000 in state funds awarded,Grantee must have a single audit or program-specific audit in accordance with UGNIS, State of Texas Single Audit Circular.The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200,Government Auditing Standards,and UGMS.For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or UGMS,as applicable,for their program-specific audits.HHSC Single Audit Services will notify Grantee to complete the Single Audit Determination Form.If Grantee fails to complete the Single Audit Determination Form within thirty(30)calendar days after notification by HHSC Single Audit Services to do so, Grantee shall be subject to the System Agency sanctions and remedies for non-compliance with this Contract.Each Grantee that is required to obtain a single audit must competitively re- procure single audit services once every six years.Grantee shall procure audit services in compliance with this section,state procurement procedures,as well as with the provisions of UGMS. 4.03 Submission of Audit Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year,Grantee shall submit electronically,one copy of the Single Audit or Program-Specific Audit to the System Agency as directed in this Contract and another copy to:single_audit_report@lilise.state.tx.us ARTICLE V AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS 5.01 General Affirmations Grantee certifies that,to the extent General Affirmations are incorporated into the Contract under the Signature Document,the General Affirmations have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.02 Federal Assurances Grantee further certifies that,to the extent Federal Assurances are incorporated into the Contract under the Signature Document,the Federal Assurances have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.03 Federal;Certifications Grantee further certifies,to the extent Federal Certifications are incorporated into the Contract under the Signature Document, that the Federal Certifications have been reviewed, and that Grantee is in compliance with each of the requirements reflected therein. In addition,Grantee certifies that it is in compliance with all applicable federal laws,rules,or regulations,as they may pertain to this Contract. Grantee Uniform Terms and Conditions Page 10 of 19 v 9.1 11 System Agency Contract No HHS000114000001 Page 20 of 38 DocuSign Envelope ID:2263F462-4705-471D-1313313-9179II141F460 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 6.01 Ownership The System Agency will own,and Grantee hereby assigns to the System Agency,all right,title, and interest in all Deliverables. 6.02 Intellectual Property a. The System Agency and Grantee will retain ownership,all rights,title,and interest in and to, their respective pre-existing Intellectual Property. A license to either Party's pre-existing Intellectual Property must be agreed to tinder this or another contract. b. Grantee grants to the System Agency and the State of Texas a royalty-free, paid up, worldwide,perpetual,non-exclusive,non-transferable license to use any Intellectual Property invented or created by Grantee,Grantee's contractor,or a subcontractor in the performance of the Project. Grantee will require its contractors to grant such a license under its contracts. ARTICLE VII RECORDS,AUDIT,AND DISCLOSURE 7.01 Books and Records Grantee will keep and maintain under GAAP or GASB,as applicable,full,true,and complete records necessary to fully disclose to the System Agency,the Texas State Auditor's Office,the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee will maintain legible copies of this Contract and all related documents for a minimum of seven(7) years after the termination of the contract period or seven(7)years after the completion of any litigation or dispute involving the Contract,whichever is later. 7.02 Access to records,books,and documents In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations,or Subcontractors will permit the System Agency or any of its duly authorized representatives,as well as duly authorized federal,state or local authorities, unrestricted access to and the right to examine any site where business is conducted or Services are performed,and all records,which includes but is not limited to financial,client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds, federal agencies that will have a right of access to records as described in this section include:the federal agency providing the funds,the Comptroller General of the United States, the General Accounting Office,the Office of the Inspector General,and any of their authorized representatives. In addition, agencies of the State of Texas that will have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners,the State Auditor's Old-ice,the Texas Attorney General's Office, and any successor agencies. Each of these entities maybe a duly authorized authority. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee will produce original documents related to this Contract. The System Agency and any duly authorized authority will have the right to audit billings both before and after payment,and all documentation that substantiates the billings. Grantee will include this provision concerning Grantee Uniform Terms and Conditions Page 11 of 19 v 91.17 System Agency Contract No HHS000114000001 Page 21 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 the right of access to, and examination of,sites and information related to this Contract in any Subcontract it awards. 7.03 Responselcompliance with audit or inspection findings a. Grantee must act to ensure its and its Subcontractor's compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement,or generally accepted accounting principle,or any other deficiency identified in any audit, review, or inspection of the Contract and the goods or services provided hereunder. Any such correction will be at Grantee or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance will be solely the decision of the System Agency. b. As part of the Services,Grantee must provide to HHSC upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the Services and Deliverables provided to the State under the Contract. 7.04 SAO Audit Grantee understands that acceptance of finds directly tinder the Contract or indirectly through a Subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office (SAO),or any successor agency,to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee,an entity that is the subject of an audit or investigation by the SAO must provide the SAO with access to any information the SAO considers relevant to the investigation or audit. Grantee agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Subcontractors through Grantee and the requirement to cooperate is included in any Subcontract it awards. 7.05 Confidentiality Any specific confidentiality agreement between the Parties takes precedent over the terms of this section. To the extent permitted by law,Grantee agrees to keep all information confidential,in whatever form produced, prepared, observed, or received by Grantee. The provisions of this section remain in full force and effect following termination or cessation of the services performed under this Contract. 7.06 Public Information Act Information related to the performance of this Contract may be subject to the PIA and will be withlield from public disclosure or released only in accordance therewith.Grantee must make all information not otherwise excepted from disclosure under the PIA available in portable document file(".pdf')format or any other format agreed between the Parties. ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION 8.01 Contract Management To ensure frill performance of the Contract and compliance with applicable law, the System Agency may take actions including: a. Suspending all or part ofthe Contract; Grantee Uniform Terms and Conditions Page 12 of 19 v 9,117 System Agency Contract No HHS000114000001 Page 22 of38 DocuSign Envelope ID:226317462-4705471D-BB3B-9F911141F460 b. Requiring the Grantee to take specific corrective actions in order to remain in compliance with tern ofthe Contract; c. Recouping payments made to the Grantee found to be in error, d. Suspending,limiting,or placing conditions on the continued performance of the Project; e. Imposing any other remedies authorized under this Contract;and f. Imposing any other remedies,sanctions or penalties pennitted by federal or state statute, law, regulation,or rule. 8.02 Termination for Convenience The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC's notice of termination. 8.03 Termination for Cause Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law,the System Agency may terminate the Contract,in whole or in part,upon either of the following conditions: a. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, at its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws,ordinances,roles,regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's Solicitation Response, if any or Grantee's addition to the Excluded Parties List System(EPLS) will also constitute a material breach of the Contract. b. Failure to Maintain Financial Viability The System Agency may terminate the Contract if,in its sole discretion,the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the Services and Deliverables,or otherwise fully perform its responsibilities under the Contract. 8.04 Equitable Settlement Any early termination under this Article will be subject to the equitable settlement of the respective interests of the Parties up to the date of termination. ARTICLE L\NUSCELLANEOUS PROVISIONS 9.01 Amendment The Contract may only be amended by an Amendment executed by both Parties. 9.02 Insurance Unless otherwise specified in this Contract,Grantee will acquire and maintain,for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance,in the type and amount customarily carried within the industry as determined by the System Agency. Grantee will provide evidence of insurance as required Grantee Uniform Terms and Conditions Page 13 of 19 v 91 17 System Agency Contract No HHS000114000001 Page 23 of38 DocuSign Envelope ID:2263F462-4705-471D-13M-9F911141 F460 under this Contract,including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terns of this Contract, Grantee will secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract,Grantee must produce renewal certificates for each type of coverage. These and all other insurance requirements umder the Contract apply to both Grantee and its Subcontractors, if any.Grantee is responsible for ensuring its Subcontractors'compliance with all requirements. 9.03 Legal Obligations Grantee will comply with all applicable federal, state, and local laws, ordinances. and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. In addition to any other act or omission that may constitute a material breach of the Contract, failure to comply with this Section may also be a material breach ofthe Contract. 9.04 Permitting and Licensure At Grantee's sole expense, Grantee will procure and maintain for the duration of this Contract any state,county,city,or federal license,authorization,insurance,waiver,permit,qualification or certification required by statute,ordinance,law,or regulation to be held by Grantee to provide the goods or Services required by this Contract. Grantee will be responsible for payment of all taxes,assessments,fees,premiums,permits,and licenses required by law. Grantee agrees to be responsible for paynn:nt of any such government obligations not paid by its contactors or subcontractors during performance of this Contract. 9.05 Indemnity TO THE EXTENT ALLOWED BY LAW, GRANTEE WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS AND ITS OFFICERS AND EMPLOYEES, AND THE SYSTEM AGENCY AND ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS,DEMANDS,PROCEEDINGS,COSTS,DAMAGES,AND LIABILITIES,INCLUDING ATTORNEYS' FEES AND COURT COSTS ARISING OUT OF,OR CONNECTED WITH,OR RESULTING FROM: a. GRANTEES PERFORMANCE OF THE CONTRACT, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS OF GRANTEE,OR ANY AGENT,EMPLOYEE,SUBCONTRACTOR,OR SUPPLIER OF GRANTEE,OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE,IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT;OR b. ANY BREACH OR VIOLATION OF A STATUTE,ORDINANCE, GOVERNMENTAL REGULATION, STANDARD, RULE, OR BREACH OF CONTRACT BY GRANTEE, ANY AGENT, EMPLOYEE, SUBCONTRACTOR,OR SUPPLIER OF GRANTEE,OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE,IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; OR c. EMPLOYMENT OR ALLEGED EMPLOYMENT, INCLUDING CLAIMS OF DISCRIMINATION AGAINST GRANTEE,ITS OFFICERS,OR ITS AGENTS;OR Grantee Uniform Terms and Conditions Page 14 of 19 v 9.1.17 System Agency Contract No HHSOOO114000001 Page 24 of38 DocuSign Envelope ID:2263F462-4705-471 D-1313313-9F911141 F460 d. WORK UNDER THIS CONTRACT THAT INFRINGES OR MISAPPROPRIATES ANY RIGHT OF ANY THIRD PERSON OR ENTITY BASED ON COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE SYSTEM AGENCY AND ITS COUNSEL. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANI'CLAl11IS OR LIABILITIES RESULTING SOLELY FRONT THE GROSS NEGLIGENCE OF THE SYSTENI AGENCY OR ITS EMPLOYEES. THE PROVISIONS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS CONTRACT. 9.06 Assignments Grantee may not assign all or any portion of its rights under,interests in,or duties required tinder this Contract without prior written consent of the System Agency, which may be Withheld or granted at the sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency, assignment will not release Grantee from its obligations under the Contract. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge,or transfer the Contract.This assignment will only be made to another State agency or a non-state agency that is contracted to perform agency support. 9.07 Relationship of the Parties Grantee is,and will be,an independent contractor and,subject only to ffie terms of this Contract. will have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal-agent, or to otherwise create for the System Agency any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Grantee or any other Party. Grantee will be solely responsible for, and the System Agency will have no obligation with respect to: a. Payment of Grantee's employees for all Services performed; b. Ensuring each of its employees, agents, or Subcontractors who provide Services or Deliverables under the Contract are properly licensed, certified, or have proper permits to perform any activity related to the Work; e. Withholding of income taxes,FICA,or any other taxes or fees; d. Industrial or workers'compensation insurance coverage; e. Participation in any group insurance plans available to employees of the State of Texas; f Participation or contributions by the State to the State Employees Retirement System; g. Accumulation of vacation leave or sick leave;or It. Unemployment compensation coverage provided by the State. 9.08 Technical Guidance Letters In the sole discretion of the System Agency,and in conformance with federal and state law,the System Agency may issue instructions, clarifications, or interpretations as may be required during Work performance in the form of a Technical Guidance Letter. A TGL must be in Grantee Uniform Terms and Conditions Page 15 of 19 ,9117 System Agency Contract No HHSOOO114000001 Page 25 of38 DocuSign Envelope ID:2263F462-4705-471 D-BB3B-9F911141 F460 writing, and may be delivered by regular mail.electronic mail.or facsimile transmission. Any TGL issued by the System Agency will be incorporated into the Contract by reference herein for all purposes when it is issued. 9.09 Governing Law and Venue This Contract and the rights and obligations of the Parties hereto will be governed by, and construed according to,the laws of the State of Texas,exclusive of conflicts of law provisions. Venue of any suit brought under this Contract will be in a court of competent jurisdiction in Travis County, Texas unless otherwise elected by the System Agency. Grantee irrevocably waives any objection,including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. 9.10 Severability If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract will be construed as if such provision did not exist and the non- enforceability of such provision will not be held to render any other provision or provisions of this Contract unenforceable. 9.11 Survivability Termination or expiration of this Contract or a Contract for any reason will not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed will survive any such termination or expiration,remain to be performed,or by their nature would be intended to be applicable following any such termination or expiration,including maintaining confidentiality of information and records retention. 9.12 Force Majeure Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war;terrorism;rebellion;riots; strikes;acts of God;any valid order, rule,or regulation of governmental authority;or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant will be suspended, and the affected Party will not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure event in writing and,if possible,such notice will set forth the extent and duration thereof. 9.13 No Waiver of Provisions Neither failure to enforce any provision of this Contract nor payment for services provided under it constitute waiver of any provision ofthe Contract. 9.14 Publicity Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the System Agency, the State of Texas, or any other State agency in any media release,public announcement,or public disclosure relating to the Contract or its subject Grantee Uniform Terms and Conditions Page 16 of 19 v 91 17 System Agency Contract No HHS000114000001 Page 26 of38 DocuSign Envelope ID:2263F462-4705471D-BB3B-9F911141F460 matter, including in any promotional or marketing materials, customer lists, or business presentations. Grantee may publish,at its sole expense,results of Grantee performance under the Contract with the System Agency's prior review and approval,which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency,as appropriate. 9.15 Prohibition on Non-compete Restrictions Grantee will not require any employees or Subcontractors to agree to any conditions, such as non-compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 9.16 No Waiver of Sovereign Immunity Nothing in the Contract will be construed as a waiver of sovereign immunity by the System Agency. 9.17 Entire Contract and Modification The Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terns in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible by the System Agency. 9.18 Counterparts This Contract may be executed in any number of counterparts,each of which will be an original. and all such counterparts will together constitute but one and the same Contract. 9.19 Proper Authority Each Party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Any Services or Work performed by Grantee before this Contract is effective or after it ceases to be effective are performed at the sole risk of Grantee with respect to compensation. 9.20 Employment Verification Grantee will confirm the eligibility of all persons employed during the contract term to perform duties within Texas and all persons, including subcontractors, assigned by the contractor to perform work pursuant to the Contract. 9.21 Civil Rights a. Grantee agrees to comply with state and federal anti-discrimination laws,including: 1. Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq.); 2. Section 504 of the Rehabilitation Act of 1973(29 U.S.C.§794); 3. Americans with Disabilities Act of 1990(42 U.S.C.§12101 et seq.); 4. Age Discrimination Act of 1975(42 U.S.C.§§6101-6107); 5. Title IN of the Education Amendments of 1972(20 U.S.C.§§1681-1688); 6. Food and Nutrition Act of 2008(7 U.S.C.§2011 et seq.);and Grantee Uniform Terms and Conditions Page 17 of 19 v 91.17 System Agency Contract No HHS000114000001 Page 27 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F9II141F460 7. The System Agency's administrative rules,as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. Grantee agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws.These laws provide in part that no persons in the United States may,on the grounds of race,color,national origin, sex,age,disability,political beliefs,or religion,be excluded from participation in or denied any aid,care,service or other benefits provided by Federal or State funding,or otherwise be subjected to discrimination. b. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964,and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15,prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information,both orally and in writing, in appropriate languages other than English,in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs,benefits,and activities. c. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at:httn:"hhsex.hhsc.texas.eov7systenl-suonort- sen ices civil-rights'nublications d. Grantee agrees to comply with Executive Order 13279,and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. e. Upon request, Grantee will provide HHSC Civil Rights Office with copies of all of the Grantee's civil rights policies and procedures. f. Grantee must notify IIIISC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement.This notice must be delivered no more than ten(10)calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W.51''Street,Mail Code W206 Austin,Texas 78751 Phone Toll Free:(888)388-6332 Phone:(512)438-4313 Grantee Uniform Terms and Conditions Page 18 of 19 v9117 System Agency Contract No HHSOOOI 14000001 Page 28 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 TTY-Toll Free:(877)432-7232 Fax:(512)438-5885. Grantee Uniform Terms and Conditions Page 19 of 19 V9117 System Agency Contract No HHS000114000001 Page 29 of38 DocuSign Envelope ID:2263F462-4705-471 D-BB3l3-9F91 1141 F460 ATTACHMENT D SUPPLEMENTAL CONDITIONS There are no Supplemental Conditions for this Contract that modifies this Contract's HHS Uniform Terms and Conditions. SPECIAL CONDITIONS SECTION 1.01 NOTICE OF CONTRACT ACTION Grantee shall notify their assigned contract manager if Grantee has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. SECTION 1.02 NOTICE OF BANKRUPTCY Grantee shall notify in writing its assigned contract manager of its plan to seek bankruptcy protection within five days of such action by Grantee. SECTION 1.03 NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS a. Grantee shall immediately report in writing to their contract manager when Grantee has knowledge or any reason to believe that they or any person with ownership or controlling interest in the organization/business,or their agent, employee,contractor or volunteer that is providing services under this Contract has: 1. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority;or 2. Been placed on community supervision,received deferred adjudication,or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. b. Grantee shall not permit any person who engaged,or was alleged to have engaged,in any activity subject to reporting under this section to perform direct client services or have direct contact with clients,unless otherwise directed in writing by the System Agency. System Agency Contract No HHS000114000001 Page 30 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 Section 1.04 Grantee's Notification of Chan:ze of Contact Person or Key Personnel The Grantee shall notify in writing their contract manager assigned within ten days of any change to the Grantee's Contact Person or Key Personnel. SECTION 1.05 DISASTER SERVICES In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Grantee may be called upon to assist the System Agency in providing the following services: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; 1. Public health information; in. Vector control and veterinary services; and n. Victim identification and mortuary services. SECTION 1.06 CONSENT By NON-PARENT OR OTHER STATE LAW TO MEDICAL CARE OF A MINOR Unless a federal law applies, before a Grantee or its contractor can provide medical, dental, psychological or surgical treatment to a minor without parental consent,informed consent must be obtained as required by Texas Family Code Chapter 32. SECTION 1.07 TELEMEDICINE/TELEPSVCHIATRY MEDICAL SERVICES If Grantee or its Contractor uses telemedicine/telepsychiatry,these services shall be in accordance with the Grantee's written procedures. Grantee must use a protocol approved by Grantee's medical director and equipment that complies with the System Agency equipment standards,if applicable. Grantee's procedures for providing telemedicine service must include the following requirements: a. Clinical oversight by Grantee's medical director or designated physician responsible for medical leadership; b. Contraindication considerations for telemedicine use; c. Qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e. Use by credentialed licensed providers providing clinical care within the scope of their System Agency Contract No H14S000114000001 Page 31 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 licenses; f. Demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g. Priority in scheduling the system for clinical care of individuals; h. Quality oversight and monitoring of satisfaction of the individuals served; and i. Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under 25 Texas Administrative Code Rule§ 448.911. SECTION 1.08 SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISFI PROFICIENCY a. Grantee shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English,to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs,benefits and activities. b. Grantee shall identify and document on the client records the primary language dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. c. Grantee shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency,unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. SECTION 1.09 THIRD PARTY PAI ORS Except as provided in this Contract, Grantee shall screen all clients and may not bill the System Agency for services eligible for reimbursement from third party payors,who are any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers,Medicaid,or other federal, state,local and private funding sources. As applicable,the Grantee shall: a. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs and bill those programs for the covered services; b. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; c. Allow clients that are otherwise eligible for System Agency services,but cannot pay a deductible required by a third party payor,to receive services up to the amount of the deductible and to bill the System Agency for the deductible; System Agency Contract No HHS000114000001 Page 32 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 d. Not bill the System Agency for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; e. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to System Agency; and g. Provide third party billing functions at no cost to the client. SECTION 1.10111V/AIDS MODEL WORKPLACE GUIDELINES Grantee shall implement System Agency's policies based on the Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome(HN/AIDS),AIDS Model Workplace Guidelines for Businesses at hap: xv%vw.dshs.stateAx.us/hivstd policy policies.shtm, State Agencies and State Grantees Policy No. 090.021. Grantee shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health& Safety Code§§ 85.112-114. SECTION 1.11 MEDICAL RECORDS RETENTION Grantee shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes,rules and regulations governing medical information. SECTION 1.12 NOTICE OF A LICENSE ACTION Grantee shall notify their contract manager of any action impacting its license to provide services under this Contract within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. SECTION 1.13 INTERIM EXTENSION AMENDMENT a. Prior to or on the expiration date of this Contract,the Parties agree that this Contract can be extended as provided under this Section. b. The System Agency shall provide written notice of interim extension amendment to the Grantee under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or 2. To ensure that services are provided to clients without interruption. c. The System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d. Grantee will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section(b)(1)above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. System Agency Contract No HHS000114000001 Page 33 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F91I141F460 f. An interim extension under Section(b)(2) above shall be a one-time extension for a period of time determined by the System Agency. SECTION 1.14 GRANTEE'S CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of: a) Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes,cigars, pipes,water pipes(hookah),bidis,kreteks, electronic cigarettes, smokeless tobacco,snuff and chewing tobacco; b) Designating the property to which this Policy applies as a"designated area,"which must at least comprise all buildings and structures where activities funded under this Contract are taking place, as well as Grantee owned, leased,or controlled sidewalks, parking lots,walkways, and attached parking structures immediately adjacent to this designated area; c) Applying to all employees and visitors in this designated area; and d) Providing for or referring its employees to tobacco use cessation services. If Grantee cannot meet these minimum standards,it must obtain a waiver from the System Agency. SECTION 1.15 PROPERTY INVENTORY AND PROTECTION OF ASSETS. Contractor shall maintain an inventory of equipment, supplies defined as controlled assets,and property and submit an annual cumulative report of the equipment and other property on Contractor's Property Inventory Report to the Department's Contract Oversight and Support Section,Mail Code 1326, P.O.Box 149347,Austin,Texas 78714- 9347,no later than October 15th of each year. The report is located on the DSHS website at: http: www.dslls.state.tx.us contracts fonus.shtm. Program Equipment,Program Supplies,Property Management and Reporting. a. Grantee shall initiate the purchase of all Equipment approved in writing by the System Agency in the first quarter of the Contract term,as applicable. Failure to timely initiate the purchase of Equipment may result in the loss of availability of funds for the purchase of Equipment.Requests to purchase previously approved Equipment after the first quarter in the Contract must be submitted to the assigned System Agency contract manager. b. Controlled Assets include firearms,regardless of the acquisition cost, and the following assets with an acquisition cost of$500 or more,but less than $5,000: desktop and laptop computers(including notebooks,tablets and similar devices),non-portable printers and copiers, emergency management equipment, communication devices and systems,medical and laboratory equipment, and media equipment.Controlled Assets are considered Supplies. c. Grantee shall maintain an inventory of Equipment,supplies defined as Controlled Assets,and real property and submit an annual cumulative report of the equipment System Agency Contract No HHS000114000001 Page 34 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 and other property on HHS System Agency Grantee's Property Inventory Report to the assigned System Agency contract manager by e-mail not later than October 15 of each year. d. System Agency funds must not be used to purchase buildings or real property without prior written approval from the System Agency. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre- approval. e. At the expiration or termination of this Contact for any reason,title to any remaining equipment and supplies purchased with funds under this Contract reverts to System Agency.Title may be transferred to any other party designated by System Agency. The System Agency may,at its option and to the extent allowed by law, transfer the reversionary interest to such property to Grantee. System Agency Contract No HHS000114000001 Page 35 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 OMB Number:4040-0007 Expiration Date:01/31/2019 ASSURANCES-NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0040),Washington,DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions,please contact the awarding agency.Further,certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant,I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973,as amended(29 U.S.C.§794),which and the institutional,managerial and financial capability prohibits discrimination on the basis of handicaps;(d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975,as amended(42 U. of project cost)to ensure proper planning,management S.C.§§6101-6107),which prohibits discrimination on and completion of the project described in this the basis of age;(e)the Drug Abuse Office and application. Treatment Act of 1972(P.L.92-255),as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency,the Comptroller General abuse;(f)the Comprehensive Alcohol Abuse and of the United States and,if appropriate,the State, Alcoholism Prevention,Treatment and Rehabilitation through any authorized representative,access to and Act of 1970(P.L.91-616),as amended, relating to the right to examine all records,books, papers,or nondiscrimination on the basis of alcohol abuse or documents related to the award;and will establish a alcoholism;(g)§§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 accepted accounting standards or agency directives. ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil 3. Will establish safeguards to prohibit employees from Rights Act of 1968(42 U.S.C.§§3601 et seq.),as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i)any other conflict of interest,or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made;and,(j)the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply,or has already complied,with the 1970(42 U.S.C.§§4728-4763)relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition one of the 19 statutes or regulations specified in Policies Act of 1970(P.L.91-646)which provide for Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or Personnel Administration(5 C.F.R.900,Subpart F). whose property is acquired as a result of Federal or federally-assisted programs.These requirements apply to all interests in real property acquired for 6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in nondiscrimination.These include but are not limited to: purchases. (a)Title VI of the Civil Rights Act of 1964(P.L.88-352) which prohibits discrimination on the basis of race,color 8 Will comply,as applicable,with provisions of the or national origin;(b)Title IX of the Education Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328) Amendments of 1972,as amended(20 U.S.C.§§1681- which limit the political activities of employees whose 1683, and 1685-1686),which prohibits discrimination on principal employment activities are funded in whole the basis of sex;(c)Section 504 of the Rehabilitation or in part with Federal funds. Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 9. Will comply,as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C.§276c and 18 U.S.C.§874),and the Contract Act of 1966,as amended(16 U.S.C.§470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C.§§327- (identification and protection of historic properties), and 333),regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974(16 U.S.C.§§469a-1 et seq.). 10. Will comply,if applicable,with flood insurance purchase 14. Will comply with P.L.93-348 regarding the protection of requirements of Section 102(a)of the Flood Disaster human subjects involved in research,development,and Protection Act of 1973(P.L.93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15• Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is$10,000 or more. 1966(P.L.89-544,as amended,7 U.S.C.§§2131 et seq.)pertaining to the care,handling,and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research,teaching,or prescribed pursuant to the following:(a)institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969(P.L.91-190)and 16. Will comply with the Lead-Based Paint Poisoning Executive Order(EO)11514;(b)notification of violating Prevention Act(42 U.S.C.§§4801 at seq.)which facilities pursuant to EO 11738;(c)protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990;(d)evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988;(e)assurance of 17 Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133, Act of 1972(16 U.S.C.§§1451 et seq.);(f)conformity of "Audits of States,Local Governments,and Non-Profit Federal actions to State(Clean Air)Implementation Plans Organizations." under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C.§§7401 et seq.);(g)protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws,executive orders,regulations,and policies Drinking Water Act of 1974,as amended(P.L.93-523); governing this program. and,(h)protection of endangered species under the Endangered Species Act of 1973,as amended(P.L.93- 19, Will comply with the requirements of Section 106(g)of 205). the Trafficking Victims Protection Act(NPA)of 2000,as amended(22 U.S.C.7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from(1)Engaging in severe 1968(16 U.S.C.§§1271 et seq.)related to protecting forms of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2)Procuring a commercial wild and scenic rivers system. sex act during the period of time that the award is in effect or(3)Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED Standard Form 4248(Rev.7-97)Back DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,00 0 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states,to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this commitment providing for the United Slates to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions.Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required statement shall be subjec t to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. APPLICANT'S ORGANIZATION PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: First Name: Middle Name: Last Name: Suffix: 'Title: SIGNATURE: 'DATE: DocuSign Envelope ID:2263F462-4705-471D-13I338-9F911141F460 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact#1 Name,Email and Phone Number: Primary Address of Contractor: FFATA Contact#2 Name,Email and Phone Number: ZIP Code:9-digits Required www.usps.com DUNS Number:9-digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number(VIN)14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date - 1 - Department of State Health Services Form 4734—June 2013 DocuSign Envelope ID:2263F462-4705-471D-1313313-9F911141F460 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative(Signor)of the Contractor, I hereby certify that the statements made by me in this certification form are true,complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year?❑Yes ❑ No If your answer is "Yes",skip questions"A", "B",and "C" and finish the certification. If your answer is"No",answer questions"A" and "B". A. Certification Regarding%of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑Yes ❑ No B.Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive$25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑Yes ❑ No If your answer is"Yes"to both question "A"and "B",you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑Yes ❑ No If your answer is"Yes"to this question,where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: - 2 - Department of State Health Services Form 4734—June 2013 DocuSign Envelope ID:2263F462-4705-471 D-1313313-9F911141 F460 FIHS Contract No. FIFIS000114000001 DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE AND CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY)("CONTRACTOR") This Data Use Agreement ("DUA"), effective as of the date signed below ("Effective Date"), is entered into by and between the Texas Health and Human Services Enterprise agency DSHS, ('`HHS"), and Corpus Christi-Nueces County Public Health District (City), a political subdivision of the State of Texas ("CONTRACTOR"), and incorporated into the terms of HHS Contract No., in Travis County,Texas(the'Base Contract"). ARTICLE 1. PURPOSE;APPLICABILITY;ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance,use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information.45 CFR 164.504(e)(I)-(3).This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions,conflicts with this DUA,this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996,Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments,regulations and guidance issued thereafter;The Social Security Act,including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder;Internal Revenue Code,Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code§2054.1125.In addition,the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User"means a Person: HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 1 of 15 DocuSign Envelope ID:2263F462-4705-471D-131338-9F911141F460 HHS Contract No. FIHS000114000001 (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret,or analyze Confidential Information pursuant to this DUA; (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create,receive, maintain,use,disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR,or that CONTRACTOR may,for an Authorized Purpose,create,receive,maintain, use,disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information(herein"PHI"); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health& Safety Code and the Texas Public Information Act,Texas Government Code, Chapter 552. "Legally Authorized Representative"of the Individual,as defined by Texas law,including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6);Tex. H.&S.Code§166.164;and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 2 of 15 DocuSign Envelope ID:2263F462-4705A71D-BB3B-9F911141F460 HHS Contract No. HFISOOO114000001 (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law. 45 CFR 164.502(b)(1);45 CFR 164.514(d) (B) Except as Required by Law,CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 C.F.R. 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management,to carry out CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health &Safety Code§181.101 (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 CFR. 164.308(a)(1)(ii)(C); 164.530(e); 164.410(b);164.530(b)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either MIS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request.45 CFR 164.504(e)(2)(ii)(A) (E) CONTRACTOR will not attempt to re-identify or further identify Confidential Information or De-identified Information,or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and(4); Texas Health &Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR's obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(h); 164.504(e)(1)(i) and(2). HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 3 of 15 DocuSign Envelope ID:2263F462-4705471D-1313313-9F911141F460 HHS Conu-acI No. iIHS000114000001 (G) CONTRACTOR is directly responsible for compliance with,and enforcement of, all conditions for creation, maintenance, use, disclosure,transmission and Destruction of Confidential Infonnation and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use.45 CFR 164.504(e)(5);42 CFR 431.300,et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to 111 IS in a Designated Record Set upon request.CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of 111IS'request.45 CFR 164.524and 164.504(e)(2)(ii)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to MIS for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164.504(e)(2)(Y)(E) and(F). (J) If PHI is subject to this Agreement,CONTRACTOR will document and make available to HJIS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations.45 CFR 164.504(e)(2)(ii)(G)and 164.528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide,and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information.45 CFR 164.308; 164.530(c); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's legal responsibilities. Except as otherwise limited by this DUA,the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if. 45 CFR 164.504(e)(4)(A). HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 4 of 15 DocuSign Envelope ID:2263F462-4705-471 D-BB3B-9F911141 F460 HEIS Contract No. HHS000114000001 (1) Disclosure is Required by Law,provided that CONTRACTOR complies with Section 3.01(D);or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person;and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164.504(e)(4)(ii)(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS,use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. §164.501 and permitted by HIPAA.45 CFR 164.504(e)(2)(i)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at HHS's election and to the extent reasonably feasible and permissible by law,all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS,and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction.If such delivery or Destruction is not reasonably feasible,or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible,and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information.45 CFR 164.504(e)(2)(ii)(j) (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306,164.530(c) (Q) If CONTRACTOR accesses, transmits, stores,and/or maintains Confidential Information, CONTRACTOR will complete and return to 1-I1-IS at HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 5 of 15 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 FII-1S Contract No. VIHS00o114000001 infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry(SPI) at Attachment I . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by I II IS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements.45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality,integrity,and availability of the Confidential Information,and with respect to PHI, as described in the HIPAA Privacy and Security Regulations.or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (pltysical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1)and Information Security Official,each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA.CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request.45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract,and further,that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502;164.514(d). (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA,at all times and supply it to IMS,as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential hlformation and an incident response plan for an Event or Breach, to comply HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 6 of 15 DocuSign Envelope ID:2263F462-4705-471D-1313313-9F911141F460 HHS Contract No. HI]S000114000001 with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work.45 CFR 164.308;164.316,164.514(d);164.530(1)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from,created by,or received,used or disclosed by CONTRACTOR for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308;164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to,or copies of,PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law.45 CFR 164.504(e)(2)(i)(1). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws.A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule,regulation or law,HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security.All electronic data transfer and communications of Confidential Information will be through secure systems.Proof of system,media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation,audit or the Discovery of an Event or Breach.Otherwise,requested production of such proof will be made as agreed upon by the parties.De-identification of I If IS Confidential Information is a means of security. With respect to de-identification of PHI, "secure"means de-identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312;164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates,receives, maintains,uses,discloses, has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: • Title 1, Part 10,Chapter 202, Subchapter B,Texas Administrative Code; • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 7 of 15 DocuSign Envelope ID:2263F462-4705-471 D-BB3B-9F911141 F460 HEIS Contract No.1-11-IS000114000001 • Internal Revenue Publication 1075 - Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology(NIST)Special Publication 800-66 Revision 1 —An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A—Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88,Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other State or Federal law,regulation,or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates,receives,maintains,uses,transmits,destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE,REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS.45 CFR 164.400-414. (A) CONTRACTOR will cooperate fully with HHS in investigating,mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues,until all effects of the Event are mitigated to HHS's reasonable satisfaction(the"incident response period").45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 8 of 15 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 HHS Contract No. IIHS000114000001 (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data,and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery,or in a timeframe otherwise approved by HHS in writing,initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information.45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with [if IS both on and off business hours during the incident response period. (2) Formal Notice.No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available:For(a)-(m)below:45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach: including how it occurred and who is responsible(or hypotheses, if not yet determined); (d) A brief description of CONTRACTOR's investigation and the status of the investigation; (e) A description of the types and amount of Confidential Information involved; (f) Identification of and number of all Individuals reasonably believed to be affected,including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age,telephone number,and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 9 of 15 DocuSign Envelope ID:2263F462-4705471 D-BB3B-9F911141 F460 HHS Contract Vo. HHS000114000001 (g) CONTRACTOR's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm,including without limitation CONTRACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); 0) The steps CONTRACTOR has taken, or will take,to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor,or Individuals and any law enforcement that may be involved in the Event or Breach, (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations,reporting,notification,if any,mitigation,corrective action,root cause analysis and when such activities are expected to be completed;and (m) Any reasonably available,pertinent information,documents or reports related to an Event or Breach that 11115 requests following Discovery. 4.02 Investigation,Response and Mitigation.45 CFR 164.308,310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 10 of 15 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 III IS Contract No. FIHS00011400000I (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach,or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures,as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals,regulators or third-parties,as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third-parties, or any notice required by other state or federal authorities. 1114S shall have ten (10) business days to provide said feedback to CONTRACTOR.Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead,unless otherwise directed by HHS,and will contain contact information,including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number,if required by applicable law,rule,or regulation,for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made.If there are delays outside of CONTRACTOR's control,CONTRACTOR will provide written documentation of the reasons for the delay. (E) If 11115 delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE 5. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed or provided by CONTRACTOR,or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto,is incorporated by reference in this DUA as if set out word-for-word herein. HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 11 of 15 DocuSign Envelope ID:2263F462-4705-471D-BB313-91F911141F460 HHS Contract No. FI HS00011.1000001 ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation,receipt,maintenance,use,disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create,maintain,transmit,use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities,systems,books and records of CONTRACTOR to monitor compliance with this DUA.For purposes of this subsection,HHS's agent(s) include,without limitation,the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Inforniation until such time as determined by HHS. (C) If 11HS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA;or HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 12 of 15 DocuSign Envelope ID:2263F462-4705-471 D-BB313-9F911141 F460 IVIS Contract\o. [IFISO0011 4000001 (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS;or (4) Terminate the DUA and Base Contract immediately,and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation,the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible,HHS shall report the violation to the Secretary of the U.S.Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to 1414S,as required by this DUA. 6.05 Governing Law,Venue and Litigation (A) The validity,construction and performance ofthis DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas,will be the exclusive venue for any litigation,special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with,or by reason of this DUA. 6.06 Injunctive Relief (A) CONTRACTOR acknowledges and agrees that I II IS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply.Accordingly, CONTRACTOR agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages,to enforce the terms of this DUA. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees,directors,officers,Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 13 of 15 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 HHS Contract No. HHS0001 1400000 1 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self-insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA.CONTRACTOR will request that MiS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA.Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect,at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA,each party will bear their own legal expenses and the other cost incurred in that action or proceeding. 6.09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver,or discharge is sought to be enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA,this DUA controls. 6.10 Automatic Amendment and Interpretation If there is (i)a change in any law, regulation or rule, state or federal, applicable to HIPPA and or Confidential Information,or(ii) any change in the judicial or administrative interpretation of any such law,regulation or rule„upon the effective date of such change,this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes.Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. ARTICLE 7. AUTHORITY TO EXECUTE The Parties have executed this DUA in their capacities as stated below with authority to bind their organizations on the dates set forth by their signatures. HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 14 of 15 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F9 I 1141F460 HHS Contract \o. HHS00011-4000001 IN WITNESS HEREOF, HHS and CONTRACTOR have each caused this DUA to be signed and delivered by its duly authorized representative: TEXAS HEALTH AND HUMAN SERVICES CONTRACTOR BY: BY: NAME: NAME: TITLE: TITLE: DATE: DATE: HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 15 of 15 Docu ■sacuato Certificate Of Completion Envelope Id:2263F4624705471 D6B3B9F911141 F460 Status:Sent Subject:New$241,637;HHS000114000001 City of Corpus Christi-Nueces Cc PHD;DSHS/IMM/LOCALS Source Envelope: Document Pages:64 Signatures:0 Envelope Originator: Certificate Pages:2 Initials:0 Texas Health and Human Services Commission AutoNav:Enabled 1100 W.49th St. Envelopeld Stamping:Enabled Austin,TX 78756 Time Zone:(UTC-06:00)Central Time(US&Canada) PCS_DocuSign@hhsc.state.tx.us IP Address:167.137.1.16 Record Tracking Status:Original Holder:Texas Health and Human Services Location:DocuSign May 8,2018 Commission PCS_DocuSign@hhsc.state tx.us Signer Events Signature Timestamp Annette Rodriguez Sent:May 8,2018 annetter@cctexas.com Health Director City of Corpus Christi Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Janna Zumbrun janna.zumbrun@dshs.texas gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Jodi Day COPIED Sent:May 8,2018 Jodi.Day@hhsc.state.tx.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tray Kirkpatrick COPIED Sent:May 8,2018 tray.kirkpatdck@dshs.texas.gov Contract Manager Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Carbon Copy Events Status Timestamp Not Offered via DocuSign CMU Contract Inbox COPIED Sent:May 8,2018 cmucontracts@dshs.texas.gov Viewed:May 8,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jessica Hernandez COPIED Sent:May 8,2018 jessicah2@cctexas.com Viewed:May 11,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted May 8,2018 Payment Events Status Timestamps �o AGENDA MEMORANDUM /NOflPORPT EFirst Reading Ordinance for the City Council Meeting of June 19, 2018 TS52 Second Reading Ordinance for the City Council Meeting of June 26, 2018 DATE: June 5, 2018 TO: Keith Selman, Interim City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Accepting and appropriating State grant amendment for tuberculosis prevention and control services for the contract period of September 1, 2018 through August 31, 2019 CAPTION: Ordinance authorizing an amendment to the Tuberculosis Prevention and Control-State (TB/PC- STATE) grant contract in the amount of $61,645.00 with a City match of $12,329.00 to provide tuberculosis prevention and control services. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District ("CCNCPHD"). BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant contract amendment in the amount of $61,645.00 to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District. Acceptance of the grant requires that the City of Corpus Christi contribute an in-kind grant match of 20% ($12,329) of the grant amount of $61,645.00. The DSHS is allowing the CCNCPHD (City) to use 20% of the annual salary of a CCNCPHD (County) Public Health Nurse working in the TB Clinic who is paid by the Nueces County General Fund to satisfy the 20% grant match requirement. ALTERNATIVES: Refuse the grant and discontinue offering services to prevent and control tuberculosis in the community. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency. This item requires two readings and ratification of the grant contract to begin September 1, 2018. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense X Revenue ❑ CIP Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $5,137.00 $56,508.00 $61,645.00 BALANCE $5,137.00 $56,508.00 $61,645.00 Comments: Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20% ($12,329) of the grant amount of$61,645.00. The cash match will be included in the Health District Nueces County General Fund Budget for FY2017 and FY2018. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 537-18-0032-0001 (Amendment No. 01) Ordinance authorizing an amendment to the Tuberculosis Prevention and Control-State (TB/PC-STATE) grant contract in the amount of $61,645.00 with a City match of $12,329.00 to provide tuberculosis prevention and control services. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee and/or Director of Public Health is authorized to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control-State (TB/PC-STATE) grant in the amount of $61,645.00, increasing the total amount to $147,948.00, from the Texas Department of State Health Services with a City match of $12,329.00, increasing the total match amount to $24,658.00 in the Health Grants Fund No. 1066, for the amended contract period of September 1, 2017, through August 31, 2019, to provide tuberculosis prevention and control services. Section 2: That the increased grant amount of $147,948.00, is appropriated in the No. 1066 Health Grants Fund to continue the TB/PC-STATE grant in the Health Department. Section 3: The amendment includes revisions to Section 3. Duration., Section 4. Budget; Attachment A: Section I.G, Section 1II.A; Attachment B-1, FY2019 Budget is added; Attached D, Section 1.16 is added. Section 4: Further the City Council ratifies acceptance of the grant to begin as of September 17 2018. A copy of the executed grant shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor DocuSign Envelope ID:118B7B23-FDDE-497D-94DC-96AOA71A9366 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 537-18-0032-00001 AMENDMENT No. 1 THE DEPARTMENT OF STATE HEALTH SERVICES ("System Agency" or DSHS") and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) ("Grantee") who are collectively referred to herein as the "Parties," to that certain grant Contract effective September 1, 2017 and denominated DSHS Contract No. 537-18-0032-00001, now desire to amend the Contract. WHEREAS, the System Agency has chosen to exercise its option to renew the Contract in accordance with Section III of the Contract Signature Document; WHEREAS, the Parties desire to revise the Budget to add funds for the period beginning September 1, 2018 through August 31, 2019 (hereinafter referred to as "Fiscal Year 2019" or "FY2019"); Whereas,the Parties desire to revise the Statement of Work; and Whereas the Parties desire to add to the Supplemental and Special Conditions. Now,THEREFORE,the Parties hereby amend and modify the Contract as follows: 1. SECTION III of the Signature Document, DURATION, is hereby amended to reflect a revised termination date of August 31, 2019. 2. SECTION IV of the Signature Document, BUDGET is hereby amended to add SIXTY-ONE THOUSAND SIX HUNDRED FORTY-FIVE DOLLARS ($61,645.00) in DSHS funding with the Grantee providing a total of TWELVE THOUSAND THREE HUNDRED TWENTY-NINE DOLLARS($12,329.00)in matching funds, for a total Contract amount not to exceed ONE HUNDRED FORTY-SEVEN THOUSAND NINE HUNDRED FORTY-EIGHT DOLLARS ($147,948.00). 3. SECTION I.G. of ATTACHMENT A,STATEMENT OF WORK is hereby deleted in its entirety and replaced with the following: G.Not lapse more than I%of the total funded amount of the Contract. System Agency Contract No.537-18-0032-00001 Pagel of4l DocuSign Envelope ID:118B7B23-FDDE-497D-94DC-96AOA71A9366 4. SECTION III.A. of ATTACHMENT A, STATEMENT OF WORK is hereby amended to add the following email address to which vouchers and any supporting documentation must also be submitted by electronic mail: CMSinvoicesndshs.texas.gov. 5. The Parties agree to add to the Contract ATTACHMENT B-1, FY2019 BUDGET, which is attached to this Amendment and incorporated into the Contract as if fully set forth therein. All FY2019 expenditures shall be made in accordance with Attachment B-1. 6. ATTACHMENT D,SUPPLEMENTAL AND SPECIAL CONDITIONS is hereby amended to add the following new Section 1.16 under the Special Conditions: SECTION 1.16 GRANTEE'S CERTIFICATION OF MEETING OR EXCEEDING TOBACCO- FREE WORKPLACE POLICY MINIMUM STANDARDS. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of- a) £a) Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; b) Designating the property to which this Policy applies as a "designated area," which must at least comprise all buildings and structures where activities funded under this Contract are taking place, as well as Grantee owned, leased, or controlled sidewalks, parking lots, walkways, and attached parking structures immediately adjacent to this designated area; c) Applying to all employees and visitors in this designated area; and d) Providing for or referring its employees to tobacco use cessation services. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency. 7. This Amendment No. 1 shall be effective as of September 1, 2018. 8. Except as amended and modified by this Amendment No. 1, all terms and conditions of the Contract, as amended, shall remain in full force and effect. In the event of a conflict between the Contract and the terms of this Amendment, the terms of this Amendment shall control. 9. Any further revisions to the Contract shall be by written agreement of the Parties. Signature Page Follows. System Agency Contract No.537-18-0032-00001 Page 2 of4l DocuSign Envelope ID:118B7B23-FDDE-497D-94DC-96AOA71A9366 SIGNATURE PAGE FOR AMENDMENT NO. 1 SYSTEM AGENCY CONTRACT No.537-18-0032-00001 DEPARTMENT OF STATE HEALTH SERVICES GRANTEE By: Name: Title: Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENT IS ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT B-1 FY2019 BUDGET Approved as to fo 41 rZ Assistant City Attorney For City Attorney System Agency Contract No.537-18-0032-00001 Page 3 of 4 DocuSign Envelope ID:118B7B23-FDDE-497D-94DC-96AOA71A9366 ATTACHMENT B-1 FY2019 BUDGET Organization Name: Corpus Christi-Nueces County Public Health District (City) Program ID: TB/State Contract Number: 537-18-0032-00001—AMENDMENT 1 Budget Categories DSHS Cash Match Category Total Funds Personnel $25,440.00 $12,329.00 $37,769.00 Fringe Benefits $10,893.00 $0.00 $10,893.00 Travel $1,812.00 $0.00 $1,812.00 Equipment $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 Contractual $18,000.00 $0.00 $18,000.00 Other $5,500.00 $0.00 $5,500.00 Total Direct Costs $61,645.00 $12,329.00 $73,974.00 Indirect Costs $0.00 $0.00 $0.00 Totals $61,645.00 $12,329.00 $73,974.00 System Agency Contract No.537-18-0032-00001 Page 4 of 4 Docu GsecuR90 Certificate Of Completion Envelope Id:118B7B23FDDE497D94DC96AOA7lA9366 Status:Sent Subject:Amending$123,290;537-18-0032-00001 Corpus Christi-Nueces A-1;DSHS/CMS Source Envelope: Document Pages:9 Signatures:0 Envelope Originator: Certificate Pages:2 Initials:0 Texas Health and Human Services Commission AutoNav:Enabled 1860 Michael Faraday Dr Envelopeld Stamping:Enabled Reston,VA 20190 Time Zone:(UTC-06:00)Central Time(US&Canada) PCS_DocuSign@hhsc.state.tx.us IP Address:167.137.1.16 Record Tracking Status:Original Holder:Texas Health and Human Services Location:DocuSign March 29,2018 Commission PCS_DocuSign@hhsc.state.tx.us Signer Events Signature Timestamp Annette Rodriguez Sent:March 29,2018 annetter@cctexas.com Viewed:March 29,2018 Health Director City of Corpus Christi Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Janna Zumbrun janna.zumbrun@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Stefanie Jackson COPIED Sent:March 29,2018 stefanie.jackson@hhsc.state.tx.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Ebony White COPIED Sent:March 29,2018 Ebony.White@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp CMU Contract Inbox COPIED Sent:March 29,2018 cmucontracts@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign William Uhlarik Sent:March 29,2018 williamu2@cctexas.com COPIED Viewed:March 30,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted March 29,2018 Payment Events Status Timestamps CITY COUNCIL EXECUTIVE SUMMARY Council Priority STREETS Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works - Jeff H. Edmonds, P. E., Director of Engineering Services Meeting Date Agenda Category Le istar ID June 19, 2018 Ordinance 18-0542 June 26, 2018 Agenda Title: Advance Funding Agreement (AFA) — Region-Wide Bike Boulevard Wayfinding Initiative PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: o Execute AFA with Texas Department of Transportation (TxDOT) ■ For Region-Wide Bike Boulevard Wayfinding Initiative Project ■ With payment to TxDOT of City's monetary contribution in the amount of$64,500 o Amend Street CIP budget (revenues & expenditures), increasing by $418,000 for TxDOT match SUMMARY ➢ Joint TxDOT / City project o TxDOT - $418,000 (80%) o City - $104,500 (20%) ■ $ 40,000 In-kind services (staff support) ■ $ 64,500 monetary contribution ➢ Project Scope - Design and construct: o New standards and locations for ■ Pavement markings ■ Trailhead markers ■ Signage ■ Per Corpus Christi Metropolitan Planning Organization (MPO) Strategic Plan for Active Mobility o To better identify bicycle routes and trails in city ➢ TxDOT match approved in 2016 MPO Transportation Alternatives Program TAP PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Bond 2014 TxDOT Participation Project— City match funds ➢ City responsible for any costs in excess of project budget ALTERNATIVES ➢ Authorize execution of AFA. SUPPORTING DOCUMENTS ➢ Item Details ➢ Ordinance ➢ Location Map ➢ Presentation ➢ Advance Funding Agreement FUTURE ACTIONS ➢ None Project No.E17054 M A/CJ Rev.2—06/13/18 Item Details Legistar # 18-0542 Advance Funding Agreement (AFA) — Region-Wide Bike Boulevard Wayfinding Initiative (Bond 2014) Council Meeting Dates: Item Being Considered: Future Item —June 19, 2018 Ordinance Action Item - June 26, 2018 RECOMMENDATION: Authorization to approve an Ordinance appropriating $418,000 in the Street CIP Fund, amend the Capital Improvement Program (CIP) expenditure and revenue budget accordingly, and execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the Region-Wide Bike Boulevard Wayfinding Initiative Project(Project). SUMMARY: In December 2013, the City approved MobilityCC, a document which merged the existing Urban Transportation Plan and the ADA Master Plan, and incorporated the result as an element of the City's Comprehensive Plan. The Bicycle Mobility Plan was approved by Council in May 2016 as an amendment to MobilityCC and is intended to "...foster cycling as a meaningful transportation alternative for riders of diverse abilities." In 2016, the City was approved as a Transportation Alternatives Program (TAP) project funding recipient for a Regional Wayfinding Initiative ("Region-Wide Bike Boulevard Wayfinding Initiative"). The Initiative lets users and potential users know where bike boulevards are on the regional bike network as well as how far to an intersecting link to another part of the network or to a specific destination (such as a school, library or park) along individual boulevards. The Initiative includes development of new designs and standards for pavement markings,trailhead markers and signage, as well as installation on up to 30 miles of city streets in accordance with the Corpus Christi Metropolitan Planning Organization (MPO) Strategic Plan for Active Mobility(Phase 1: Bicycle Mobility Plan). The Region-Wide Bike Boulevard Wayfinding Initiative is a joint TxDOT/City project with an 80/20 cost sharing for design and construction. The project budget is $522,500. The TxDOT match of $418,000 (80%) was approved in the 2016 MPO Transportation Alternatives Program (TAP). The City's match of $104,500 (20%) includes an in-kind contribution through staff support of$40,000 for a balance of$64,500 due in full to TxDOT 60 days before construction begins. The City match is programmed into the Bond 2014 TxDOT Participation Project. The City will be responsible for any costs which exceed the current $522,500 budget. The Advance Funding Agreement (AFA) with TxDOT must be executed to move forward with the Project. PREVIOUS COUNCIL / BOARD ACTIONS: May 24, 2016 — Council approved Ordinance (030861) amending MobilityCC (adopted in 2013 by Ordinance 030022) to incorporate the Bicycle Mobility Plan. Project No.E17054 1 MA/CJ Rev.2—06/13/18 Ordinance appropriating into Street CIP Fund and changing the Capital Improvement Program Budget by $418,000 and authorization to execute an Advance Funding Agreement with the Texas Department of Transportation for the Region-wide Bike Boulevard Wayfinding Initiative with the City's contribution of $64,500 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. $418,000 of anticipated revenue from the Texas Department of Transportation is appropriated into Fund No. 3530 for the Region-Wide Bike Boulevard Wayfinding Initiative SECTION 2. The FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249 is amended to add $418,000 of anticipated revenue from the Texas Department of Transportation to the Region-wide Bike Boulevard Wayfinding Initiative. (Street Bond 2014) SECTION 3. Revenues and expenditures in the amount of $418,000 are increased in the FY 2018 Capital Improvement Program Budget adopted by Ordinance No 031249. SECTION 4. The City Manager or designee is authorized to execute an Advanced Funding Agreement with the Texas Department of Transportation for the Region-Wide Bike Boulevard Wayfinding Initiative with a payment of $64,500 for direct state cost reimbursement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Corpus Chr sti Engineering Region-Wide Bike Boulevard Wayf inding Initiative Council Presentation June 19, 2018 Location Map 1 Co�pU5 Chi SO Engineering REGION WIDE BIKE BOULEVARD WAYFINDING N SCALE N.T.S. t Project Scope Corpus Chr SO Engineering This is a Joint City/TXDOT project for Citywide improvements including: • Pavement markings for bike boulevards � - • Trail markers and directional signage for bike paths • Identification of marking and signage locations • 80/20% cost sharing (TXDOT/City) m ix • Traffic improvement on —20 —30 miles of city streets Bike Boulevard Pavement Marking This item includes the payment of $64,500 to TXDOT for administration and oversight support. Project Schedule Corpus Chr sti Engineering May June July Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Design Bid Construction Project Design Estimate = 6 Months CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES PROGRAM PROJECT TxDOT-Selected Off-System This Local Project Advance Funding Agreement("LPAFA") is made between the State of Texas ("State"), acting through the Texas Department of Transportation, and City of Corpus Christi ("Local Government"), acting through its duly authorized officials. BACKGROUND Local Government and State have adopted a Master Agreement that states the general terms and conditions for transportation projects developed through this LPAFA. Local Government prepared and submitted to State or Metropolitan Planning Organization ("MPO") a nomination form for consideration under the Transportation Alternatives Program ("TAP") for the project, which is briefly described as Region-WideBike Blvd Wayfinding Initiative ("Project"). Federal law establishes federally funded programs for transportation improvements to implement its public purposes. Federal law, 23 USC§ 134 and 49 USC§5303, requires that State and MPOs develop transportation plans and programs for urbanized areas of Texas. Tex. Transp. Code §§ 201.103 and 222.052 establish that State shall design, construct, and operate a system of highways in cooperation with local governments. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds. The Texas Transportation Commission ("Commission") passed Minute Order Number 114491 ("MO") dated February 16, 2016 awarding funding for projects in the 2018 TAP Program Call of the Corpus Christi MPO, including Project. The rules and procedures for TAP are established in 23 USC§ 213, and 43 Tex.Admin. Code Subchapter 11.F. The governing body of Local Government has approved entering into this Agreement by resolution or ordinance dated {select date},which is attached to and made a part of this Agreement as Attachment A. Therefore, State and Local Government agree as follows: AFA-LPAFA_TAP Page 1 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development AGREEMENT 1. Period of Agreement and Performance 1.1. Period of Agreement.The period of this LPAFA is as stated in the Master Agreement, without exception. 1.2. Period of Performance. a. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization Agreement("FPAA")for that phase of work. Local Government may not begin work until issued the State Letter of Authority("SLOA")for that phase of work. b. The Performance Period for each phase of work ends on the date specified in the FPAA for that phase of work. 2. Termination of the Agreement 2.1. This Agreement may be terminated by any of the following conditions: a. By mutual written consent and agreement of all parties; b. By any party with 90 days written notice; or C. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. 2.2. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. 2.3. If Local Government withdraws from Project after this Agreement is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. 2.4. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A project may be eliminated from the program, and this Agreement terminated, if: a. Local Government fails to satisfy any requirements of the program rules cited in 43 Tex. Admin. Code Subchapter 11.F. b. The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. C. Local Government withdraws from participation in Project. d. State determines that federal funding may be lost due to Project not being implemented and completed. AFA-LPAFA_TAP Page 2 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development e. Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement beyond the current fiscal biennium is subject to availability of appropriated funds. f. The associated FPAA is not issued by the end of the third federal fiscal year following the federal fiscal year for which the funds are authorized. Federal fiscal years run October 1 through September 30. g. Local Government fails to attend progress meetings at least twice yearly, as scheduled by State. 2.5. State, at its sole discretion, may terminate this Agreement if State does not receive project invoice within 270 days of FPAA. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work, Use of Project, and Project Location 4.1. The scope of work for Project (located as shown in Attachment B, Project Location Map) consists of: This project is to install bike boulevard designation and traffic safety signage on 20-30 miles of city streets, to include thermoplastics, street blades,gateway signage, wayfinding signage, and share the road signage. 4.2. Any project changes proposed must be submitted in writing by Local Government to State. Changes may also require an amendment to this Agreement and the approval of the FHWA, State, MPO, or the Commission. Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. 5. Right of Way and Real Property Acquisition 5.1. Right of way and real property acquisition shall be the responsibility of Local Government.Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real property. If Local Government is the owner of any part of Project site under this Agreement, Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. 5.2. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC§4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR § 24.2(g). Documentation to support such compliance must be maintained and made available to State and its representatives for review and inspection. 5.3. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of(1) State, if the real property is to be made part of the State Highway System, and (2) Local Government, otherwise.The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments. Local Government shall secure and provide easements and AFA-LPAFA_TAP Page 3 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development any needed rights of entry over any other land needed to develop Project according to the approved Project plans. Local Government shall be responsible for securing any additional real property required for completion of Project. 5.4. Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property. Tracings of the maps shall be retained by Local Government for a permanent record. 5.5. Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations must list the parcel numbers, ownership, acreage, and recommended compensation. The tabulation must be accompanied by an explanation to support the estimated values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Government in performing this work may be eligible for reimbursement after Local Government has received written authorization by State to proceed with determination of real property values. State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market values. 5.6. For State-selected projects, Local Government shall not use eminent domain or condemnation to acquire real property for this TAP Project. 5.7. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. 5.8. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project. State will not pay any of these costs. 5.9. If Project requires the use of real property to which Local Government will not hold title, a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement.The separate agreement between Local Government and the current property owner must establish that Project will be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment as outlined in 43 Tex.Admin. Code § 11.317.The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion.The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State. 5.10. Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion, and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. AFA-LPAFA_TAP Page 4 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development 5.11. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24, and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1) continued use of the property for approved activities, and (2)the repayment of the Federal funds, as appropriate. Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. Upon Project completion, State will continue to perform periodic visits to confirm Project's continued use and upkeep. 5.12. Before the advertisement for bids, Local Government shall provide a certification to State that all real property has been acquired. 6. Utilities Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to State of a delay resulting from Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. Unless specified in (1)the nomination form approved by State or MPO in consultation with State and (2)this agreement, Local Government will not be reimbursed with federal or state funds for the cost of required utility work. Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, Local Government shall provide, at State's request, a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins. Additional utility work may be required due to unknown conditions discovered during construction. These costs may be eligible for TAP participation if: (1)the activity is required to complete Project; (2)the cost is incidental to Project; and (3) TAP funding is available.Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 7. Environmental Assessment and Mitigation Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966,which require environmental clearance of federal-aid projects. 7.1. Local Government is responsible for the identification and assessment of any environmental problems associated with the development of Project. 7.2. Local Government is responsible for the cost of any environmental problem's mitigation and remediation.These costs will not be reimbursed or credited towards Local Government's financial share of Project unless specified in the nomination form and approved by State or MPO in consultation with State. 7.3. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. 7.4. Before the advertisement for bids, Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Architectural and Engineering Services Architectural and engineering services for preliminary engineering will be provided by Local Government. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these AFA-LPAFA_TAP Page 5 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development services; and with Tex. Gov't Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. For State-selected projects, architectural and engineering services are not eligible for TAP reimbursement. 8.1. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects,the U.S. Secretary of the Interior's Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable.The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway and Transportation Officials' ("AASHTO") publications, "A Policy on Geometric Design of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges.The use of other systems of specifications shall be approved by State in writing in advance. 8.2. When architectural and engineering services are provided by or through Local Government, Local Government shall submit any plans it has completed to State for review and approval. Local Government may also submit the plans to State for review any time prior to completion. Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval. 8.3. When architectural and engineering services are provided by or through State, then the following applies: State is responsible for the delivery and performance of any required architectural or preliminary engineering work. Local Government may review and comment on the work as required to accomplish Project purposes. State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 9. Construction Responsibilities 9.1. Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction. 9.2. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract,whether the construction contract is awarded by State or by Local Government. 9.3. All contract change order review and approval procedures must be approved by State prior to start of construction. 9.4. Upon completion of Project, the party constructing Project will issue and sign a "Notification of Completion" acknowledging Project's construction completion. 9.5. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form "FHWA- AFA-LPAFA_TAP Page 6 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.13. 9.6. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project,the party responsible for construction will notify the other party to this Agreement of the anticipated completion date. All parties will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. 10. Project Maintenance 10.1. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use.The property shall be maintained and operated for the purpose for which it was approved and funded for a period of time commensurate with the federal investment or State rules, whichever is greater. Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses, consistent with Project's original intent. State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements. Should Local Government consider conveying the property, State and FHWA must be notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction, detailing any required recapture, must be obtained from FHWA prior to the transaction. Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount, considering the original percentage of federal funds provided and the time elapsed from Project completion date.This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. 10.2. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government. State shall not be responsible for honoring any warranties under this Agreement. 10.3. Should Local Government derive any income from the development and operation of Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance. A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. 10.4. Should any historic properties be included in or affected by this federally funded Project,the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 11. Local Project Sources and Uses of Funds 11.1. A Project Budget Estimate and Source of Funds is provided as Attachment C, showing the total estimated development cost of Project.This estimate shows the itemized cost of real property, utilities, environmental assessments, construction, and other construction related costs. To be eligible for AFA-LPAFA_TAP Page 7 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development reimbursement or as in-kind contribution, costs must have been included in the nomination form approved by the Texas Transportation Commission or MPO in consultation with State. State and the Federal Government will not reimburse Local Government for any work performed outside the Performance Period. After federal funds have been obligated, State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. 11.2. If Local Government will perform any work under this Agreement for which reimbursement will be provided by or through State, Local Government must complete training in Local Government Procedures Qualification for the Texas Department of Transportation before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on Project successfully completes and receives a certificate for the course. Local Government shall provide the certificate of qualification to State.The individual who receives the training certificate may be an employee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of Project. State in its discretion may deny reimbursement if Local Government has not designated a qualified individual to oversee Project. 11.3. The Project budget and source of funds estimate based on the budget provided in the nomination form is included as Attachment C.Attachment C shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources, as well as the maximum amount in federal Transportation Alternative Program funds assigned by the Commission or MPO in consultation with State to Project.This Agreement may be amended from time to time as required to meet the funding commitments based on revisions to the Transportation Improvement Program, Federal Project Authorization and Agreement("FMA"), or other federal documents. 11.4. Local Government will be responsible for all non-federal participation costs associated with Project, including any overruns in excess of Project's estimated budget and any operating or maintenance expenses. 11.5. State will be responsible for securing the federal share of funding required for the development and construction of Project, in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not eligible for reimbursement. 11.6. Following execution of this Agreement, but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment C for plan review. At least 60 days prior to the date set for receipt of the construction bids, Local Government shall remit its remaining local match as specified in Attachment C for State's estimated construction oversight and construction cost. 11.7. In the event State determines that additional funding is required by Local Government at any time during Project, State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment C and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. AFA-LPAFA_TAP Page 8 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development 11.8. Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the "Texas Department of Transportation." The warrant will be deposited by State and managed by State. Funds may only be applied by State to Project. 11.9. Upon completion of Project, State will perform an audit of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid by the owing party. If after final Project accounting, any excess funds remain,those funds may be applied by State to Local Government's contractual obligations to State under another advance funding agreement with approval by appropriate personnel of Local Government. 11.10. In the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. 11.11. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal regulations, or if any other locally proposed changes, including but not limited to plats or re-plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government.The cost of providing right of way acquired by State shall mean the total expenses in acquiring the property interests through negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of eligible utilities. 11.12. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 11.13. State will not pay interest on any funds provided by Local Government. 11.14. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. 11.15. Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. 11.16. If Local government is an Economically Disadvantaged County ("EDC") and if State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. 12. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction AFA-LPAFA_TAP Page 9 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development time estimate, including types of activities and month in which the activity will be completed, in the format required by State. This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of State, Local Government shall submit any information required by State in the format directed by State. 13. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 14. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this LPAFA. When required, Local Government shall furnish State with satisfactory proof of this compliance. 15. Disadvantaged Business Enterprise Program Requirements 15.1. The parties shall comply with the Disadvantaged Business Enterprise ("DBE") Program requirements established in 49 CFR Part 26. 15.2. Local Government shall adopt, in its totality, State's federally approved DBE program. 15.3. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market, project size, and nature of the goods or services to be acquired. Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. 15.4. Local Government shall follow all other parts of State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address: httP://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. 15.5. Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to Local Government of its failure to carry out its approved program, State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986(31 USC § 3801 et seq.). 15.6. Each contract Local Government signs with a contractor(and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub-recipient, or sub-con tractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements AFA-LPAFA_TAP Page 10 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 16. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, and further certifies that it will not do business with any party, to include principals,that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549.The parties to this Agreement shall require any party to a contract, subcontract, or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by State, to furnish a copy of the certification. 17. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief,that: 17.1. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract,grant, loan, or cooperative agreement. 17.2. 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 federal contracts, grants, loans, or cooperative agreements, the signatory for Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17.3. The parties shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite imposed by 31 USC § 1352 for making or entering into this transaction. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 18. Insurance 18.1. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work,the entity performing the work shall provide State with a fully executed copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete. If coverage is not AFA-LPAFA_TAP Page 11 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development maintained, all work on State right of way shall cease immediately, and State may recover damages and all costs of completing the work. 18.2. For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed. 19. Federal Funding Accountability and Transparency Act Requirements 19.1. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act ("FFATA") and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pke/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. 19.2. Local Government agrees that it shall: a. Obtain and provide to State a System for Award Management ("SAM") number(Federal Acquisition Regulation ("FAR") Subpart 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is https://www.sam.gov/portal/public/SAM/ b. Obtain and provide to State a Data Universal Numbering System ("DUNS") number, a unique nine-character number that allows the federal government to track the distribution of federal money.The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on-line registration website http://fedgov.dnb.com/webform; and C. Report the total compensation and names of its top five executives to State if: 1. More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and 2. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 20. Single Audit Report 20.1. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. 20.2. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter(if applicable)to TxDOT's Compliance Division, 125 East 11th Street, Austin,TX 78701 or contact TxDOT's Compliance Division at singleaudits@txdot.gov. If expenditures are less than the threshold during Local Government's fiscal year, Local Government must submit a statement to TxDOT's Compliance Division as follows: We did not meet the$ expenditure threshold and therefore, are not required to have a single audit performed for FY AFA-LPAFA_TAP Page 12 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development 20.3. For each year Project remains open for federal funding expenditures, Local Government will be responsible for filing a report or statement as described above.The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or Project has been formally closed out and no charges have been incurred within the current fiscal year. 21. Civil Rights Compliance 21.1. Compliance with Regulations:The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 21.2. Nondiscrimination:The Local Government,with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 21.3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. 21.4. Information and Reports:The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations and instructions. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 21.5. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling, terminating, or suspending of the contract, in whole or in part. 21.6. Incorporation of Provisions:The Local Government will include the provisions of paragraphs 21.1 through 21.6 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take action AFA-LPAFA_TAP Page 13 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if Local Government becomes involved in, or is threatened with, litigation with a subcontractor, or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 22. Pertinent Non-Discrimination Authorities During the performance of this contract, the Performing Agency, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: 22.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. 22.2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). 22.3. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). 22.4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. 22.5. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). 22.6. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). 22.7. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). 22.8. Titles II and III of the Americans with Disabilities Act,which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. 22.9. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex). AFA-LPAFA_TAP Page 14 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development 22.10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. 22.11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP).To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). 22.12. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). AFA-LPAFA_TAP Page 15 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. 24. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act(P.L. 101-336) (ADA). Each party is signing this agreement on the date stated opposite that party's signature. City of Corpus Christi Date: By: Valerie H. Gray P.E. Executive Director of Public Works THE STATE OF TEXAS Date: By: Kenneth Stewart Director of Contract Services Texas Department of Transportation AFA-LPAFA_TAP Page 16 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT AFA-LPAFA_TAP Page 1 of 1 Attachment A CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development ATTACHMENT B PROJECT LOCATION MAP Suggested Bicycle Boulevards for Implementation under CoCC TAP Grant COR1111 C111111TI Md­­.,by­W,­g,­)tb by ­0 Pn ­b,lb b.—p—pier W ImplemandYen ea part ­1 br TPa­1 AFA-LPAFA_TAP Page 1 of 9 Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development T7,77 r � m Suggested Bicycle Boulevards forte. Implementation under CoCC TAP Grant anomY e�rie aoma.am �u mn�� CORPUS CHRISTI •�mpMeme (. esgi y mhg 1 ed h'TAP awaN hom MPJ and coortnamd wdM1 Mpn a d aero d— �I �ey d��y ye a o�m a�� o�� b,,TAP a - AFA-LPAFA_TAP Page 2 of 9 Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development Suggested Bicycle Boulevards for fill Implementation under CoCC TAP Grant allergy aowia eovie�arde•tas maea� CORPUS CHRISTI e.a MPn mplemenlaelen(i e.desginvban by wvy of pvinusignoge)to be eunaed by iqa aware ham Mao ane eeerdinaeee ynen mairrtenancelraconatruction(per Strdets committee)b maaimiza eR'iclency -Bnndrng/easgn study ft,wanding signage to ba compra[ed prbr to dmpiemeneaEon as pare a COCCs matcM1 f,,T-..I AFA-LPAFA_TAP Page 3 of 9 Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development Suggested Bicycle Boulevards for Implementation under CoCCTAP Grant 'Shown in RED on enclosed maps "Portion of segment include Bike Blvd as transitional treatment ID Road Limit Fro. umitTo Lengthlmq 1 18th McKenzie St Naples St 0.489 2 6th Buford St Ay-St 0.504 3 Alameda" Commanche St Staples St 1.376 4 Amber Graham Rd Don Patricio Rd 0.500 5 Angela Beverly Dr Lawnview St 0.076 6 Antelope North Ste les St People,St 0.418 7 Aquarius Whitecap Blvd Dasmarinas Dr 1.011 8 Arlino Churchill or Ayers St 0.281 ers n 9 A Boo St Ocean or 0.227 10 Beauvais Oso Parkway Loire Blvd 0.577 11 Bernice Burr Dr Delta Dr 0.506 12 Beverly Lawnview St Angelo Dr 0.112 13 BI-ins Lewis St S staples St 0.894 14 Booty`" Alameda St Ayers St 0.350 15 Breckhampton"' Stonehenge St Brockhampton St-Proposed 0.714 16 Brookhaven Brookside Dr McBurrett or 0.194 17 Buford Sabinas St 519th St 0.647 18 Buford'" Alameda St Ocean or 0.500 19 Burkshire 1L..bert Dr 5 Staples St 0.253 20 Burnin Tree Ca lall Dr Northwest Trail 0.035 21 Burr Lucille Dr Bernice or 0.432 22 Calallen W Redbird Ln Burnin Tree Ln 0.310 23 Caliche Creek Woodland Creek or Penn-Dr 0.125 24 Carmel Gollihar Rd 5 5ta les St 0.270 25 Center Defame Dr Carmel Park.. @Lamar Park 0.726 26 Cheyenne Lou St Tarlton St 1.001 27 Christie Sun brook Rd Gollihar Rd 0.247 28 Churchill Arlington Dr Trenton or 0.392 emm 29 Cler Aers St Lewis St 0.125 30 Cleo Sonora St S Port Ave 0.100 31 Cliff Crenshaw Willowwood Creek or Blades St. 0.399 32 Cliff Crenshaw Willowwood Creek Dr Windsor St 0.041 33 Clo de Baldwin Blvd Juanita St 0.217 34 Coke Winnebago St Lake St 0.058 35 Coleman S Alameda St S Upper Broadway St 0.430 36 Cruiser Whitecap Blvd Elbow Dr 0.796 37 Dasmarinas as St White. Blvd 1.055 38 Delta Bernice Dr Pharaoh Dr 0.154 39Don Patricio Amber or Stardust Ln 0.041 40 Duncan Ruth St Highland Ave 0.155 41 Dunstain I Hearn Rd Round Rock Sc 0.073 2/9/2017 Carpus Christi Metropolitan Planning Organizetion 1of4 AFA-LPAFA TAP Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development Suggested Bicycle Boulevards for I mplementation under COCCTAP Grant ID Road ntrdt From Limn To Le mi 42 Earnhart Dunbarton Wks Dr Ortiz Dr 0.103 43 EhnMth Juanita It Trenton Or 0.058 44 Elizabeth South 19th St Baldwin Blvd 0.295 45 Flour Bluff SH 358 N.Emnta a Rd Matlack St 0.261 46 Glazebmok Reid Dr lawnview S[ 0.316 47 Glazebmok 5wantner,St Reid Dr 0.180 48 6,-Iy Cullen Park Ditch Poenisch Dr 0.100 49 Ha Robert Dr Mon-Dr 0.547 50 Harvard Greenwood Dr Shaw St 0.180 51 Heam Ca1li.0 Rd Dunsdin St 0.472 52 Hill—hail R.11mg Rid eDr I—C, O.M. 53 Houston Napke st Ramsey St 0.124 54 Hudson Stafford St Prescott St 0.222 55 Hudson Shaw St Stafford St Q052 56 Huron Che a-St -s.st 0.133 57 Jester Miliary Dr NAS Or 0.773 58 Juanita Elizabeth St Cla de St O.o. 59 Juarez Cashnan St Sala zar It 0.162 60 Kennedy Koe ke St Minton St 0.054 61 Kenhier Paenisch Dr PoenischD am 62 Koe ke Van Loan Ave Kenned Ave 0.200 63 tew . A—St D-­1Y Or 1.581 64 Lawnview A.S­Dr Brawner Pkwy0.534 65 Lewis Or.mer St Edwards St 0.250 66 Lexin o Minton St W Broadway St 0.459 67 Lou Air rt Road Ch nne St 0.503 68 Lucille Belmeade Dr Burr Dr O.OBfi 69 MaW McArdle Rd Marie St 0.082 /U MacArthur Belton Rd ru-St O.SU6 71 Mane Mable St GoMM,Rd 0.485 72 Matlack Flour Bluff Dr NfifitsW Dr 0.785 73 MC Bomeft Brookhaven Dr Pe Ln 0.479 74 McKenzie South 19th St Booty st 0.491 75 MCOendon ssu plea st Swa .ISL 0.195 75 Melbourne Brawner Pk"Ditch Blevins 0.699 77 Mss uits Belden St Interstate 37 0.064 78 Mes uite Hirsch St Belden It 0.482 ]9 Milita Jester St Matlock St 0.256 8o Minton --dy- -1.0-Ave 0.068 81 Mo netts H.,,y It Gollihar Rd 0.259 82 NMe airs Interstate 37 CPoer All 9.667 83 N Port Wes[Broadwa Mesquite St 0.868 84 Naples Gollihar St Roosevelt Dr 0.]80 85 New Bedford Brackham n5t Ortiz Or QSJ] 2/9/2017 Corpus Chdstl MetropolRan Planning Organization 2of4 AFA-LPAFA_TAP Page 5 of 9 Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development Suggested Bicycle Boulevardsfor Implementation under CoCC TAP Grant ID Road umn From umltto Length(mi) 86 Ni,­ Sonora St S 19th St 0588 87 Nimitz South POK Ave Macaft St 0.040 88 Noakes Naeces Ray BW ­­n­ 0.286 89 Northwest Trail Burnin Tree Ln Ripple Rd 0.306 90 Odom Sunn brook Rd McArdle Rd 0.252 91 Ortiz Famhart Dr New Bedford Or 0.130 92 Palmira Sea Pines Dr Pescadores Dr 0.568 93 Peermm Weber Rd Pe Dr 0.395 94 Peoples Antelope St Shoreliice Blvd 0.329 95 Penta,Creek Caliehe Geek Dr Turkey Creek Dr 0.054 96 Per Man, Dr Hearn Rd 0085 97 Pescadores Cruiser St Palmira Ave 1092 98 Pharaoh Delta Dr Nile Dr 0.357 99 Poenisch time)or 5Alameda St 0.257 100 Poenisch 5Alameda St Kentner St 0.249 1M Poenisch Kenner St Ocean Dr 0.256 1.Prescott Salazar St Gollihar Rd 0.145 103 Resaca" N Sam Punkin St Mes uRe 51 0.412 104 Retta Glenoak Dr Division Rd 0.746 105 Ri le Northwest Trail 137 Ron., 0.136 106 River Can n Wildcat Dr Rollinn Ride 0.113 107 River Forest River View Trail Calallen Dr 0.064 1D8 River View Trail Smith Dr River Forest Dr 0.191 109 Robert South Alameda St Harry St 01263 110 Rolling Ridge River Canyon Dr Rolling Rid e Dr-Propmed 0.187 111 Rollin Ride Hillwood Trail Rolling Ridge Dr F. ed 0.041 112 Roosevelt Ayer.St Rarny 51 0.420 113 Rossiter La-im St Ocean Dr 0.480 114 Round Rock Dunsmin St Senior Officer Prieto Park sidewalk 0.058 115 Ruth cease St Duncan St 0.236 1165U rBroadwa Coleman Ave Park Ave 0.133 11]Sabina Tadtnn St Hi Mand Ave 0.857 118 Sal- Juarez S[ Prescott St 0.127 119 Sam Rankin- Rail to Road-Port Ave Resaw St 0.045 1205haw Horne Road Harvard5t 0.259 121 Smith Hillwood Trail River View Trail 0.064 122 Sonora Ni. ra St Cleo St 0.120 123 South Cha nal Coleman Ave Whey St 0,294 124 Stafford Hudson St Hod.,St 0.022 125 Stardust Division Rd Don Patricio Rd 0.253 126 Sunn brook Christie St Odem Dr D.497 127 Swmm, McClendon st GI-1,rook St I- 1-1n, Giaoobrook St Texan Trail 0.118 129 Tarlton PrescoH St Churchill Dr 0.222 2/9/2017 CmpmChristi MetmiolRan Planning Organization 3014 AFA-LPAFA_TAP Page 6 of 9 Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development Suggested Bicycle Boulevards for Implementation under CoCC TAP Grant ID Road Limit From Llm It To Len h(ml 130 bent., Elizabeth St Churchill Dr 0.089 1,31 Turkey Crc+ek Pernitas Creek or Cliff Crenshaw St 0.291 132 Van Loan Noakes St Koe ke St 0.131 1:33 Wasserman Weber Rd Brawner Parkwa wale 0.266 l34 West Broadway Lexington Ave N Port Ave 0.070 135 Whitaker Winston Dr Burr or 0.374 1.36 Willowood Creek Cliff Crenshaw St Violet Rd 0.204 137 Windsor Cliff Crenshaw St Violet Rd 0.214 138 Winston Crescent or Whitaker Or 0.030 133 Woodland Creek Senior Officer Prieto Park sidewalk Caliche Creek or 0.028 140 Yolanda Bloomin ton St W Point Rd 0.i1!i Total 45.271 2/n/lfll/ Corpus Christi 4 of4 ATTACHMENT C AFA-LPAFA_TAP Page 7 of 9 Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development PROJECT ESTIMATE AND SOURCE OF FUNDS LG Performs PE Work or Hires Consultant/LG Lets Project to Construction Work Performed by Local Government("LG") Federal Participation Local Government(LG) Description of Total Project Cost State Participation Participation Includes additional percentage Includes any EDC reduction Project Costs to be Incurred Estimate forTDC apportionment where applicable where applicable % Cost % Cost % Cost Planning/Maps/Education/Non-CST $0 0% $0 0% $0 0% $0 Preliminary Engineering $0 0% $0 0% $0 0% $0 Environmental Cost $0 0% $0 0% $0 0% $0 Right of Way $0 0% $0 0% $0 0% $0 Utilities $0 0% $0 0% $0 0% $0 Construction $470,250 80% $376,200 0% $0 20% $94,050 In-kind donation Value $40,000 0% $0 0% $0 100% $40'000 (Add to Total Project Cost-20%Maximum value) Work by LG Subtotal $510,250 1 $376,200 $0 $134,050 Work Performed by the State(Local Participation paid up front by LG to TxDOT) Preliminary Engineering' $0 0% $0 0% $0 0% $0 Environmental Cost' $0 0% $0 0% $0 0% $0 Right of Way3 $0 0% $0 0% $0 0% $0 UtilitieS2 $0 0% $0 0% $0 0% $0 Construction $0 0% $0 0% $0 0% $0 Work by State Subtotal $0 $0 $0 $0 AFA-LPAFA_TAP Page 8 of 9 Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development Direct and Indirect State Costs Incurred for Review,Inspection,Administration&Oversight Federal Participation Local Government(LG) Description of Total Project Cost Includes additional percentage State Participation Participation Project Costs to be Incurred Estimate for TDC apportionment where Includes any EDC reduction applicable where applicable % Cost % Cost % Cost Preliminary Engineering' $8,360 80% $6,688 0% $0 20% $1,672 Environmental Cost' $4,180 80% $3,344 0% $0 20% $836 Right of Way' $4,180 80% $3,344 0% $0 20% $836 Utilities' $4,180 80% $3,344 0% $0 20% $836 Construction $31,350 80% $25,080 0% $0 20% $6,270 Direct State Costs Subtotal $52,250 80% $41,800 0% $0 20% $10,450 Indirect State Costs $24,782.18 $0 $24,782.18 $0 TOTAL PARTICIPATION $547,282.18 $418,000 $24,782.18 $104,500 In-kind Contribution Credit Applied 100% $40,000 TOTAL REMAINING PARTICIPATIONLL��M I AFTER IN-KIND CONTRIBUTION $64,500 The estimated total participation by Local Government is$104,500,plus 100%of overruns. Total estimated payment by Local Government to State is$64,500. 'Local Government's first payment of$4,180 is due to State within 30 days from execution of this contract. Z Local Government's second payment of$60,320 is due to State within 60 days prior to the Construction contract being advertised for bids. 3I ROW is to be acquired by State,Local Government's share of property cost will be due prior to acquisition. The eligible percent of required local match is stated in the nomination and must be 20%or greater,unless In-Kind,EDC adjustments orTDCs are applied. This is an estimate,the final amount of Local Government participation will be based on actual costs. Maximum federal TAP funds available for Project are$418,00. AFA-LPAFA_TAP Page 9 of 9 Attachment C N SCALE: N.T.S. CITYWIDE PROJECT o � NUEOES&Y 0 81 N AL A CORPUS CHRisn 1 q 1ldWO Y � CIMII M caRgs cxtesn RAY e' i OSO RAY M xwi mmM FLOUR RWFF LAGUNA WORE GULF OF MDOCO LOCATION MAP NOT TO SCALE Project Number: E17054 REGION-WIDE BIKE BOULEVARD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS WAYFINDING INITIATIVE DEPARTMENT OF ENGINEERING SERVICES se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of June 19, 2018 1852 Action Item for the City Council Meeting of June 26, 2018 DATE: June 19, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Interim Assistant City Manager MikeMa(@.cctexas.com (361) 886-2603 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Supply Agreement for the Purchase of Tasers for Police Department CAPTION: Resolution authorizing a five-year supply agreement for the purchase of Tasers from Axon Enterprise, Inc. of Scottsdale, Arizona as a sole source procurement for a total amount of $260,000. PURPOSE: The item is to approve the purchase of Tasers for the Police Department. BACKGROUND AND FINDINGS: The Police Department has used Tasers since the early 2000's. These new Tasers will replace obsolete equipment that is five years or older and out of warranty. Batteries and replacement cartridges are no longer available. This model of taser will link to an officer's body camera. Therefore, when an officer pulls his taser, it will activate his body camera as well as all body cameras within 30 feet of deployment. This is a five-year supply agreement allowing for the purchase of 200 Tasers per year, to include accessories on year one. The cost for years one and two will be $46,000 each year. The remaining three years will be $56,000 each year. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Purchasing Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $1 ,082,597.41 $214,000.00 $1 ,296,597.41 Encumbered / Expended Amount $9241378.57 $0.00 $924,378.57 This item $46,000.00 $214,000.00 $260,000.00 BALANCE $112,218.84 $0.00 $112,218.84 Fund(s): General Fund Training, CC Crime Contrl and LawEnforceTrust Comments: $46,000.00 is funded in FY2017-18. The future years will be funded with the Edward Byrne Justice Assistance Grant. RECOMMENDATION: Staff recommends approval of the purchase. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing a five-year supply agreement for the purchase of Tasers from Axon Enterprise, Inc. of Scottsdale, Arizona, for a total amount of$260,000. WHEREAS, Tasers will be purchased by the Corpus Christi Police Department; WHEREAS, the supply agreement will provide replacement Tasers for Police officers; 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)(2), as this purchase is necessary to preserve and protect the public health or safety of the City's residents; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this item is available from only one source, including items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; 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 authorizing the purchase of Tasers for the Corpus Christi Police Department and authorizing a five-year supply agreement with Axon Enterprise, Inc. of Scottsdale, Arizona, for a total amount not to exceed $260,000. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 PRICE SHEET CITY OF CORPUS CHRISTI PURCHASING DIVISION Replacement Tasers for Police Department BUYER: JOHN ELIZONDO AXON ENTERPRISE, INC. SCOTTSDALE,ARIZONA UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1. Replacement Tasers for Police Department 1 LS $260,000.00 $260,000.00 Total Price $260,000.00 AXON Axon Enterprise, Inc.'s TASER 60 Terms and Conditions These TASER 60 Terms and Conditions (Agreement)apply to your purchase from Axon Enterprise, Inc. (Axon) under the TASER 60 Plan.TASER 60 provides CEW hardware extended warranty coverage, CEW Products, and CEW accessories.TASER 60 only applies to the TASER CEW Product and accessories listed in the Quote. 1. TASER 60 Term. TASER 60 Term start date is based upon the shipment date of the hardware covered under TASER 60(Start Date).The TASER 60 Term will end 5 years after the Start Date(Term). 2. Payment Terms.Axon invoices for the TASER 60 plan on an annual basis.Agency will be invoiced upon the Start Date and then upon the anniversary of the Start Date for the remainder of the Term. Invoices are due to be paid within 30 days of the date of invoice. Invoices are due to be paid within 30 days of the date of invoice. Payment obligations are non-cancelable and fees paid are non-refundable and all amounts payable will be made without setoff, deduction, or withholding. 3. Taxes. Unless the Agency provides a valid and correct tax exemption certificate applicable to the purchase and ship-to location,the Agency is responsible for sales and other taxes associated with the order. 4. Shipping:Title: Risk of Loss: Rejection.Axon reserves the right to make partial shipments and products may ship from multiple locations.All shipments are E.X.W.via common carrier and title and risk of loss pass to the Agency upon delivery to the common carrier by Axon.The Agency is responsible for all freight charges. Any loss or damage that occurs during shipment is the Agencys responsibility. Shipping dates are estimates only. 5. Returns.All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. 6. Hardware Limited Warranty.Axon warrants that its law enforcement hardware products are free from defects in workmanship and materials for a period of ONE(1)YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warranty through the balance of the 1-year limited warranty term plus the term of the extended warranty measured after the expiration of the 1-year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. Axon-Manufactured Accessories are covered under limited 90-DAY warranty from the date of receipt. Non- Axon manufactured accessories are covered under the manufacturer's warranty. If Axon determines that a valid warranty claim is received within the warranty period,Axon agrees to repair or replace the Product. Axon's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon's option. 7. Warranty Limitations.The warranties do not apply and Axon will not be responsible for any loss,damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the Product's use; (b) damage caused by use with non-Axon products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by Axon; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than Axon authorized personnel or without the written permission of Axon; or(e) if any Axon serial number has been removed or defaced. Tide: Axon Enterprise Int.'s TASER W Terms and Conditions(Online) Deparnaent SalestCostomer Semite Verassion 20 Relee Data 2/19/2016 Pagel of 6 Axon Enterprise, Inc.'s TASER 60 Terms 4'a, AXON and Conditions To the extent permitted by law,the warranties and remedies set forth above are exclusive and Axon disclaims all other warranties, remedies, and conditions,whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. Axon's cumulative liability to any Party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed the purchase price paid to Axon for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either Party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused,whether for breach of warranty, breach of contract, negligence, strict liability,tort or under any other legal theory. 8. Warranty Returns. If a valid warranty claim is received by Axon within the warranty period,Axon agrees to repair or replace the Product which Axon determines in its sole discretion to be defective under normal use, as defined in the Product instructions.Axon's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon's option. For warranty return and repair procedures, including troubleshooting guides, please go to Axon's website www.axon.com/support. A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair,whichever period is longer.Any replacement item becomes Purchaser's property and the replaced item becomes Axon's property. 9. TASER 60 Warranty Coverage.TASER 60 includes extended warranty coverage for TASER CEW hardware specifically identified in the Quote and as described in the Hardware Limited Warranty.TASER 60 warranty coverage starts at the beginning of the Term and continues as long as the Agency continues to pay the required annual fees for TASER 60 during the Term.The Agency may not have both an optional extended warranty and TASER 60 on the TASER CEW product. 10. Spare Product. For orders of more than 30 units,Axon will provide a predetermined number of Spare Product for the TASER CEW hardware listed in the Quote (Spare Products)to keep at the Agency location to replace broken or non-functioning units in order to improve the availability of the units to officers in the field. The Agency must return to Axon, through Axon's RMA process, any broken or non-functioning units for which a Spare Product is utilized,and Axon will repair or replace the non-functioning unit with a replacement product.Axon warrants it will repair or replace the unit which fails to function for any reason not excluded by the warranty coverage, during the Term with the same product or a like product, at Axon's sole option. Within 30 days of the end of the Term,the Agency must return to Axon all Spare Products.The Agency will be invoiced for and are obligated to pay to Axon the MSRP then in effect for all Spare Products not returned to Axon. 11. Product WarniM. See our website at www.axon.com for the most current product warnings. 12. Design Changes.Axon reserves the right to make changes in the design of any of Axon's products and services without incurring any obligation to notify the Agency or to make the same change to products and Title. Axon Enterprise.Inc's TASER 60 Terms and Conditions(Online( Department SaleslCustomer Service Version 20 Release Date H19fM16 Page 2 of 6 AXON Axon Enterprise, Inc.'s TASER 60 Terms and Conditions services previously purchased.Axon may replace end of life products with the next generation of that product without notifying the Agency. 13. TASER 60 Termination. If an invoice for TASER 60 is more than 30 days past due,then Axon may terminate TASER 60.Axon will provide notification that TASER 60 coverage is terminated. Once TASER 60 coverage is terminated for any reason,then: 13.1 TASER 60 coverage will terminate as of the date of termination and no refunds will be given. 13.2 The Agency will be invoiced and obligated to pay for the remainder of the MSRP for TASER 60 Products received before the termination date. In the case of termination for non-appropriations, Axon will not invoice the Agency if the Agency returns the CEW, battery, holster, and unused cartridges to Axon within 30 days of the date of termination. 13.3 The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 60 plan. 14. Excusable Delays.Axon will use commercially reasonable efforts to deliver all products and services ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond Axon's reasonable control Axon has the right to delay or terminate the delivery with reasonable notice. 15. Proprietary Information.The Agency agrees that Axon has and claims various proprietary rights in the hardware,firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute Axon products and services, and that the Agency will not directly or indirectly cause any proprietary rights to be violated. 16. Import and Export Compliance. In connection with this Agreement,each Partywill complywith all applicable import, re- import, export, and re-export control laws and regulations. 17. Assignment.The Agency may not may assign or otherwise transfer this Agreement without the prior written approval of Axon. 18. Severability.This Agreement is contractual and not a mere recital. If any portion of this Agreement is held to be invalid or unenforceable,the remaining portions of this Agreement will remain in full force and effect. 19. Governing Law:Venue.The laws of the state where the Agency is physically located, without reference to conflict of law rules,govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale of Goods does not apply to thisAgreement. 20. Entire Agreement.This Agreement and the quote provided by Axon, represents the entire agreement between the Parties.This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Parties,whether written or verbal, regarding the subject matter of this Agreement. No modification or amendment of any portion of this Agreement will be effective unless in writing and signed by the Parties to this Agreement. IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be duly executed. Each Parry warrants and represents that its respective signatories whose signatures appear below have been and are, on the date of signature, Tide: Asoo Enterprhe.Int.'s TASER A,::Terms and t unddlom(Online) 0epenmenc SaleslCostomer Semk. Version: 1.0 Release oeto 1/192018 Page 3 of 6 AXON Axon Enterprise, Inc.'s TASER 60 Terms and Conditions duly authorized to execute this Agreement. Axon Enterprise, Inc. Agency Signature: . _ _ _ _ _ Signature: Name: Name: Title: Title: Date: Date: Approved as to form: Assistant City Attorney For City Attorney TASER Assurance Plan (Purchased with TASER 60 Only) Appendix Title Axon Enterprise,IM's TASER 60 Terms and Conditions(Online( Department SaleslCoatomer Service Version 20 Release Data 2119!2016 Page 4 of 6 AXON Axon Enterprise, Inc.'s TASER 60 Terms and Conditions If The TASER Assurance Plan or"TAP" has been purchased in addition to the TASER 60 plan, this Appendix will apply to the Agency's purchase. TAP provides Upgrade Models at the end of the TAP Term. TAP only applies to the Axon Product listed in the Quote with the exception of any initial hardware or any software services offered for, by, or through the Evidence.com website.The Agency may not buy more than one TAP for any one covered Product. 1 TAP Term.The TAP Term start date is based upon the shipment date of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 1st of the following month. If the shipment of the hardware occurred in the second half of the month, then the Term starts on the 15th of the following month.TAP for CEWs is a 5 year term. 2 TAP Upgrade Models.Any Products replaced within 6 months prior to the scheduled upgrade will be deemed the upgrade. Within 30 days of receiving an upgrade, the Agency must return the original Products to Axon or destroy the Products locally and provide a certificate of destruction to Axon that includes the serial numbers for the destroyed Products. If the Agency does not return the Products to Axon or destroy the Products,Axon will deactivate the serial numbers for the Products received by the Agency. If the Agency makes all TAP CEW payments, 5 years after the start of the TAP Term, Axon will provide the Agency with a new CEW that is the same Product or a like Product, in the same weapon class (CEW Upgrade Model),as well as a battery.The Agency may elect to receive the CEW Upgrade Model anytime in the 5th year of the TAP term as long as the final payment has been made. 3 TAP Termination. If an invoice for TAP is more than 30 days past due or the Agency defaults on its payments for the Evidence.com Services,then Axon may terminate TAP and all outstanding Product related TAPS.Axon will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason, then: 3.1. TAP coverage will terminate as of the date of termination and no refunds will be given. 3.2. Axon will not and has no obligation to provide the free upgrades. 3.3. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. 3.4. If the Agency received a credit towards the first TAP payment as part of a trade-in promotion, then upon cancellation/termination the Agency will be assessed a $100 cancellation fee for each covered product. Title: Axon Enterprise,Im.'s TASER 60 Tetms and Conditions)Online) Depanatenc Sales/Custonter Semko Version: 2.0 Release Dare: 2119!1016 Page 5 of 6 Axon Enterprise, Inc.'s TASER 60 Terms j4ljk� AXON . . and Conditions A,A AXON,Axon,TASER,and TASER CAM are trademarks of Axon Enterprise,Inc.,some of which are registered in the US and other countries.For more information visit www.axon.com/legal.All rights reserved.©2018 Axon Enterprise,Inc. Tide: Asan Enterprise,Im.'s TASER 60 Tenni and Conditions(Online) Department SaleslCustomer Somko V-1- 2.0 Zea"Dat.: 7119!1018 Page 6 of 6 QUOTE QUOTE: Q-125602-43187.608DM A XO - .. - 0 0 : y Quote Expiration: 05/30/2018 Axon Enterprise,Inc. Account Number: Protect Life. 17800 N 85th St. Start Date: 03/28/2018 Scottsdale,Arizona,85255 Payment Terms:Net 30 United states Delivery Method: Fedex-Ground Phone: (800)978-2737 Sales Representative: Primary Contact: Elliott Kelly Donnie Mersing Phone: +1 5127123580 3618264072 Email:ekelly@taser.com donniem@cctexas.com Fax: +1 4809910791 BILL TO: SHIP TO: Corpus Christi Police Dept. -TX Donnie Mersing P.O. BOX 9016 Corpus Christi Police Dept. -TX CORPUS CHRISTI,TX 78469 321 JOHN SARTAIN ST. US CORPUS CHRISTI,TX 78401 US Year 1 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans& Packages 85181 TASER 60 YEAR 1 PAYMENT: X26P BASIC 200 280.00 230.00 46,000.00 Hardware 11003 HANDLE, YELLOW, CLASS III,X26P 200 0.00 0.00 0.00 11501 HOLSTER, BLACKHAWK, RIGHT,X26P 195 0.00 0.00 0.00 11504 HOLSTER, BLACKHAWK, LEFT,X26P 5 0.00 0.00 0.00 22012 TPPM, BATTERY PACK, TACTICAL, PINKY 200 0.00 0.00 0.00 EXTENDER, X2/X26P 34200 Cartridge- 15' 400 0.00 0.00 0.00 Subtotal 46,000.00 Estimated Shipping 0.00 Estimated Tax 0.00 Total 46,000.00 Free Spares Item Description Quantity List Unit Price Net Unit Price Total (USD) Hardware 11003 HANDLE, YELLOW, CLASS III,X26P 2 1,022.00 0.00 0.00 22012 TPPM, BATTERY PACK, TACTICAL, PINKY 2 62.00 0.00 0.00 EXTENDER, X2/X26P Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Q-125602-43187.608 D M 1 Year 2 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans& Packages 85182 TASER 60 YEAR 2 PAYMENT: X26P BASIC 200 280.00 230.00 46,000.00 Subtotal 46,000.00 Estimated Tax 0.00 Total 46,000.00 Year 3 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans& Packages 85183 TASER 60 YEAR 3 PAYMENT: X26P BASIC 200 280.00 280.00 56,000.00 Subtotal 56,000.00 Estimated Tax 0.00 Total 56,000.00 Year 4 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans& Packages 85184 TASER 60 YEAR 4 PAYMENT: X26P BASIC 200 280.00 280.00 56,000.00 Subtotal 56,000.00 Estimated Tax 0.00 Total 56,000.00 Year 5 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans& Packages 85185 TASER 60 YEAR 5 PAYMENT: X26P BASIC 200 280.00 280.00 56,000.00 Subtotal 56,000.00 Estimated Tax 0.00 Total 56,000.00 Grand Total 260,000.00 Q-125602-43187.608 D M 2 AXON Discounts (USD) Quote Expiration: 05/30/2018 List Amount 282,168.00 Discounts 22,168.00 Total 260,000.00 *Total excludes applicable taxes and shipping Summary of Payments Payment Amount (USD) Year 1 46,000.00 Free Spares 0.00 Year 2 46,000.00 Year 3 56,000.00 Year 4 56,000.00 Year 5 56,000.00 Grand Total 260,000.00 Q-125602-43187.608DM 3 se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of June 19, 2018 1852 Action Item for the City Council Meeting of June 26, 2018 DATE: June 19, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Interim Assistant City Manager mikema(a).cctexas.com (361) 886-2603 Kim Baker, Assistant Director of Financial Services kimb2�cctexas.com (361) 826-3169 Purchase and Installation of MetroCom 911 Dispatch Consoles, with a One-Year Service Agreement CAPTION: Motion authorizing the purchase and installation of MetroCom911 Dispatch Consoles, with a one-year service agreement for $305,346 from Russ Bassett of Whittier, California, via Houston-Galveston Area Council Cooperative. PURPOSE: To approve the purchase and installation of MetroCom 911 Dispatch Consoles, with a one- year service agreement. BACKGROUND AND FINDINGS: The current dispatch consoles were purchased in 2009 and have served their useful life. Many of the consoles have broken parts and are no longer repairable. The agreement includes turnkey design, project management, console materials, freight services and installation. The installation will occur in a single phase during regular business hours. Also included, is care detailing and maintenance service for one year after installation. The new product has a limited lifetime warranty. The total project cost is based on the Houston Galveston Area Council Buy Contract EC07-16 for 9-1-1 equipment and services. The project will be paid for over two fiscal years, FY2017-18 and FY2018-19. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Police Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $190,659.23 $125,138.40 $315,797.63 Encumbered / Expended Amount $8,277.00 $0.00 $8,277.00 This item $180,207.60 $125,138.40 $305,346.00 BALANCE $2,174.63 $61,088.00 $2,174.63 Fund(s): General Comments: RECOMMENDATION: Staff recommends approval of the purchase. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet PRICE SHEET CITY OF CORPUS CHRISTI PURCHASING DIVISION MetroCom 911 Dispatch Consoles BUYER: JOHN ELIZONDO for Police Department HGAG CONTRACT EC07-16 RUSSBASSETT WHITTIER, CALIFORNIA UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE L1. MetroCom 911 Dispatch Consoles for Police Department 1 LS $305,346.00 $305,346.00 Total Price $305,346.00 SC 0 > SERVICE AGREEMENT NO. 1749 U Purchase and Installation of MetroCom 911 Dispatch bO RPOR Af� 1852 Consoles, with a One-Year Service Agreement THIS Purchase and Installation of MetroCom 911 Dispatch Consoles, with a One-Year Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Russ Bassett ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Installation of MetroCom 911 Dispatch Consoles, with a One-Year Service Agreement in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Installation of MetroCom 911 Dispatch Consoles, with a One-Year Service Agreement ("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 20 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 $305,346.00, 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. The only other permissible charges will be in accordance with Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Kathleen Porche Department: Police Departments Phone: 361-886-2653 Email: kathleenp@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Kathleen Porche Title: 911 Program Manager Address: 321 John Sartain St. Corpus Christi, TX 78401 Phone: 361-886-2653 Fax: N/A IF TO CONTRACTOR: Russ Bassett Attn: Matt Gawin Title: Address: 8189 Byron Road Whittier, CA 90606 Phone: 602-380-6322 Fax: N/A 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2) . 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 ��v��f CONTRACTOR �i Signature: Printed Name: t Title: C U LV Z— Date: � . CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Provisions for Additional Delay Charges Incorporated by Reference Only: Exhibit 1: RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Page 7 of 7 Service Agreement Standard Form ATTACHMENT A: SCOPE OF WORK Proiect Title - MetroCom Console Purchase and Installation Proiect Location - 321 John Sartain St. Corpus Christi, TX 78401 4th F oor-MetroCom Scope of Work The Contractor shall provide/install MetroCom 911 Dispatch Consoles for the City's Police Department. The layout, design manufacture, and installation of the console systems will consist of the following: Dispatch Room- (1 1) Positions • Two (2) Fire Consoles 30" x 66" x 66" 90° Square Back Corner Sit Stands (dimensions do not include the 7" structural technology walls) 18" Fixed Extension with Mobile Box/Box/File Pedestal, non- locking (both positions have the mobile pedestal, but only one has the extension) Shared 30" Fixed Extension with 30" Tech Ped, slide-out shelves Monitor Configuration: (1) 24" Single Stack Monitor, (1 ) 34" Single Stacked Monitor, (2) 24" Stacked Monitors • Six (6) Law Enforcement Consoles • Five (5) 30" x 66" x 66" 90° Square Back Corner and (1 ) 36"D x 84"W Linear Sit Stands • 18" Fixed Extensions with Box/Box/File Pedestal, non-locking • Shared 30" Fixed Extension with 30" Tech Ped, slide-out shelves o The Linear Console has a 24"W Tech Ped with slide-out shelf as well as a 24"W File/File Pedestal and Mobile Box/Box/File Pedestal all non-locking Monitor Configuration: (1 ) 34" Single Stack Monitor, (1 ) 34" Single Stacked Monitor, (1 ) 24" Single Stacked Monitor • Two (2) Info Consoles • 36"D x 84"W Linear Sit Stands • 24"W Tech Ped, non-locking • 18"W File/File Pedestal, non-locking Monitor Configuration: (1 ) 34" Single Stack Monitor, (1) 34" Single Stacked Monitor, (1) 24" Single Stacked Monitor One (1) Supervisor Console • 36"D x 96"W Linear Sit Stand (Fixed return credenzas both sides) • 18"W Box/Box/File and 30"W File/File Drawer Pedestals, Locking • 30"W Tech Ped, Slide-out Shelf, Non-Locking • 12"W Closed Storage Cabinet, Locking • Monitor Configuration: (2) 34" Single Stack Monitors, (4) 24" Single Stacked Monitors Call Taking Room - (10) Positions (io) Call Taker Consoles • Three (3) 36" x 66" x 66" 90° Square Back Corner and seven (7) 36"D x 78"W Linear Sit Stands • Tech Peds (various widths), Slide-out shelves, non-locking • Monitor Configuration: (2) 34" Single Stack Monitors, (1) 24" Single Stacked Monitor All Positions include: • Personal Environments System Accessory (forced air heater beneath the surface, cooling fan above) • Dimmable LED Task light • Blue Ambient Lighting both under the sit-stand and a op the sit-stand slat-wall • Convenience Outlets (one (1 ) 3-prong power outlet and two (2) USB power only ports) • Shared Sanitation Stations (Tissue and Hand Sanitizer Holder) Special Instructions: Please refer to the attached Russ Bassett Project Proposal for a detailed description of required parts, scope of work, design layou and warranty. High-level Timeline/Schedule Project is scheduled to commence after the Notice to Proceed. Once Notice to Proceed has been issued, the project will begin no later than 24 hours later. This is a continuation of a project and is scheduled to commence immediately. Deliverables o Vendor is responsible for supplying the following to complete the aforementioned Scope of Work: 1 . 21 Custom consoles, manufactured and delivered, as outlined in the Scope of Work and Russ Bassett Project Proposal; 2. All tools needed to complete the aforementioned Scope of Work; 3. Any additional materials to complete the aforementioned Scope of Work; a. Including, but not limited to: i. Hardware ii. In-console wiring (not pertaining to City equipment). o The City of Corpus Christi will supply the following: 1 . Specified electrical requirements as outline in Russ Bassett's Console Reference Guide: Electrical and Communications Integration (see attached); 2. Room cleared and ready for Console installation; 3. Core holes drilled in specified areas of the floor to access the pulled network and electrical cables; 4. Access to the building, back lot, and an elevator (preferably freight); and 5. Trash receptacle. i aw - N F: !It I 1. d. f if !3$is 2' iii=,:t. •f O r SOURCE ELECTRICAL INTEGRATION OVERVIEW FACILITY POWER: Source electrical can enter the console furniture in three (3) ways: from the floor, wall, or ceiling. It is most common for the electrical to enter into the console furniture in conduit, through floor cores. Conduits) carrying multiple utility and/or UPS circuits are then mounted inside of the furniture to the structural wall frame. Floor coring and source electrical are not provided by Russ Bassett. You will want to coordinate with your team to determine the appropriate source electrical design. We can help guide you through the process. 41NWUA�ae:+ ia; �!� seee� .nx :ar - - _-_ t from the floor from the wall from the ceiling RUSS BASSETT CONSOLE ELECTRICAL REQUIREMENTS: Russ Bassett consoles do not require any hardwired electrical connections. The console simply needs to be plugged into a standard NEMA 5-15R electrical outlet. We recommend one dedicated 20 amp circuit per console. This dedicated 20 amp circuit is for the console operation only and does not include the power requirements needed for the customers equipment. The console sit- stand operation alone needs one available outlet to plug in to. If optional desktop convenience outlets (maximum of two (2) per console) are ordered they will also require outlets. These non- critical items are normally plugged into non-essential power or "dirty-power". The maximum amperage draw for a console configured with personal environments is 12.15 amps at 120 VAC. This is the maximum draw for all components operating at full capacity. You Sales Executive can help you identify the total amperage draw of your specific console configuration. CUSTOMER POWER ACCOMMODATIONS AND REQUIREMENTS: The Russ Bassett sit-stand console includes integrated power strips that will require UPS outlets to plug in to. Depending on the console size and configuration, the Russ Bassett sit-stand consoles will come with two (2) to five (5), seven (7) outlet power strips for customer supplied technology and peripherals. In addition to the sit-stand power strips, technology storage cabinets also include a power strip that will need to be considered. Your Sales Executive can help you identify exactly how many power strips will be included in your specific console configuration. These integrated power strips will normally plug in to the UPS or generator power as these are mission critical. To determine how many UPS circuits are required for your console, you will need to collect and total the amperage draw for each piece of equipment that will integrated into the console. NEC (National Electric Code) recommends that a circuit should not handle more than 80 percent of the load for which it is rated. By this standard, the total current draw on a 20 amp circuit should not exceed 16 amps. This allows the breaker to handle temporary surges that may occur when electrical components start up. 1 � e COMMUNICATIONS CABLING OVERVIEW Like source electrical, communications cabling can enter the console furniture in three (3) ways: from the floor, wall, or ceiling. It is most common for the communications cabling to enter into the console }g' furniture in a single bundle, through floor cores. Cable 3 bundles are generally terminated in a J-box mounted inside of the structural wall frame. Communications cabling and any associated termination points such J-Boxes are not provided by Russ Bassett. You will from the floor from the wall want to coordinate with your team to determine the appropriate cabling design. We can help guide you through the process. - - - Fla 'Russ Bassett does offer a number of data termination solutions. If this is something that might add value to your project, please discuss with your Russ Bassettrepresentative. from the ceiling data termination Y �Y D . "s _ J OTHER CONSIDERATIONS GROUNDING Each structural wall frame has two grounding bolts available for grounding the furniture to the facility. Frames can be tied together with bonding jumpers, or a continuous cable can be run through the furniture and each frame tied to that cable. Some of our clients will integrate grounding bus bar kits into the furniture to ground radio and other equipment, ample space is available for these. You will want to coordinate with your team to determine any grounding requirements. Russ Bassett does not ground console furniture to the facility ground or (0) Girck . nd Common Bonding Network. grounding EXTENSION CABLES When using sit-stand console furniture, extension cables are necessary h to accommodate the console moving from the seated to standing height _ positions. This includes monitor cables, mouse and key-board cables and any other data cabling that ties desktop equipment with PCs and other equipment located in the lower technology enclosures. Russ Bassett can provide extended video (VGA, DVI, HDMI, etc.) and data (USB, RJ45, RJ11, 3.5mm Audio, etc.) cables upon request. Depending upon your console furniture design, 15' to 25' cables are normally needed. Your I Russ Bassett representative can assist you in determining proper cable monitor cables lengths for your specific console configuration. SUMMARY Planning for a successful technical console furniture installation is an intense process. Source electrical, grounding, communications cabling, video cabling, PCs, radio equipment, phone equipment, etc. all need ter+ to be properly coordinated. This often involves multiple stakeholders including the client. Russ Bassett, IT, facilities, a general contractor and/ � .. or electrical and communications cabling subcontractors, and potentially , phone and radio equipment vendors. This reference guide is meant to be a technical overview of how these components integrate with the console furniture. convenience outlets WE ARE HERE TO ASSIST YOU. FOR ADDITIONAL INFORMATION REGARDING THE ELECTRICALAND COMMUNICATIONS REQUIREMENTS OF THE RUSS BASSETT CONSOLE PLEASE CONTACT US. I N FO@RUSSBASSETT.COM OR 800-350-2445 �Frussbass ett a 4desience a 53,4 K-HENEnE JAR 1 ® LE-1 LE- ® -Fu ussh .1U��IJIJ 8189 BgFmn Rd.Whittier,CA 90606(800)3562445 FIRE SAE: Matt Gawin 2 LE-2 DESIGNER: E-4 TK REVISIONS BY -,. a LE h NF ® ® INF = LE-5 = 1 114 -o u11 COPIER/ PRINTER 11 - - 6 -31/4 —IR: MetroComm 911 w® � DISPATCH CT-10 m ® SUPERVISOR _ d 3281 John Sartain St CT-9 W Corpus Christi,TX PI- cT-1 I- CT-2ConsoleModernization CT-8 6-6 6 CALL TAKING DRAWING# CT-7 CT-3 DC-11424-01 GT-b CT-5 C74 FINAL APPROVAL BY: Sn�oBCRiRnon: PLAN VIEW e NONE 11T111eev SHeLT RUSS BASSETT CORPORATION(HEREBY(EXPRESSLY RESERVES OTS COMMON)LAW COPYMGHT AND OTHER PROPERTY MGHTS IN THESE PLANS.THESE PLANS ARE NOT TO BE CORED,REPRODUCED OR CHANGED ON ANY FORM OR MANNER WHATSOEVER,NOR ARE THEY TO SIE ASSIGNED TO ANDY TMRE,PARTY WITHOUT RBST O[BTARIIING THE EXPRESS WR TTENO PERMWO ON AND CONSENT OF RUSS BASSETT CORPORATION. 5 D 1 1 40 e 1 �r r n Ir I *� a tea• x a w / n '� 1 — — �� `�.__ r � J .. ..� 4 n1 r J .1 L A... V 4 } _ � :� � ` r t f r __� � . .. �� F�� , �;� _ ,� ;} _i _ _ �s:.�ice. _ 'ti r �4 � _ - { _ - __ ���_ __ _�R� . s �� s r AIN /� ,X i x � � f. �. w � � S � `� r�' �- - `� • ��'� :� �; ATTACHMENT B: BID/PRICING SCHEDULE Quotation mrussbassett PROJECT#: DC-11424-01 Option: 5 8189 Byron Road Whittier,CA 90606 REVISION: D Tel:800.350.2445 Fax:562.698.8972 PROJECT NAME: METROCOM www.russbassett.com QUOTE DATE: 4/4/2018 DESIENCE SALES EXECUTIVE: Matt Gawin EXPIRATION DATE: 10/1/2018 ADDRESS: 8189 Byron Rd Whittier,CA 90606 CUSTOMER: METROCOM 911 PHONE: (602)380-6322 CONTACT: Kathleen Porche EMAIL: mgawinC-?russbass ett.com ADDRESS: 321 John Sartain Street Corpus Christi,TX 78401 PROJECT COORDINATOR:Ashley Garcia PHONE: 361-886-2653 PHONE: (562)945-2445 xt 3399 FAX: FAX: (562)698-8972 EMAIL: kathleenpOcctexas.com EMAIL: agarciaCrussbassett.com AREA: 7 Call Takers AREA 7 TOTAL: $ 104,755.75 7 FSS-LS-78 Flex Sit-Stand,Linear,78W,Sin le Lift $ 3,069.00 $ 21,483.00 ....................................E...............................................................................................................�................................................................................................................................................................................................................................................................... 3 FSS CS-66 Flex Sit-Stand,90°Corner,66W,Single Lift $ 3,272.50 $ 9,817.50 ...........................................................................................................................................................................................................................72.............................................17.......... 3 FCF-42-T-SSP Flex Sit-Stand Comer Filler,42H,Tech Storage,Powder $ 495.00 $ 1,485.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................... 13 FSW-07-3642-SSP-EMT Flex Wall,0715,36L x 42H,Sit-Stand Powder Side A,Empty Side B $ 332.75 $ 4,325.75 ......................................................................................................................................................... ..........._..............................................--............................................................................................................................................................................................................... 7 FSW-07-4242-SSP-EMT Flex Wall,07D,42L x 42H,Sit-Stand Powder Side A,Empty Side B $ 343.75 $ 2,406.25 ........................................................................................................................................................ .....................................................................................9.'5'0..., b FSW-07-1842-SWN-EMT Flex Wall,0715, 18L x 42H,Slatwa.l Side A Empty Side B $ 338.25 $ 2,029.50 6 FSW-07-3042-EMT-EMT Flex Wall,0715,301-x 42H,E.mpfy Side A,Empty Side B $ 222.75 $ 1,336.50 ...................................................................... ............................................................................................................................................................................................................................................................., 1 FSW-07-2442-SWN-EMT Flex Wall,0715,24L x 42H,Slatwall Side A,Empty Side B $ 349.25 $ 349.25 ..................................................................... ...................................................................................................................................................................................................................................................................................... 2 FSW-07-1242-SWN-EMT Flex Wall,07D,121 x 42H,Slatwall Side A,Empty Side B $ 327.25 $ 654.50 ....................................................................... ................................................................. ............................................................................................................................................................................................................................................................................... .........�......................................FTC-0778:V:S............................Flex ToP.0°P..:_7D x 78W,Vented:.Square...................................................................................................................................................................159:50...........................�:�_1.6:50... 6 FTC-0718-V-S Flex Top Cap,715 x 18W,Vented,Square $ 104.50 $ 627.00 .................................................FTC-0766:V:S...........................Flex ToP.0°P..:_7D x bbW,Vented,Square...................................................................................................................................................�................148:50......�.........................891.:��... 1 FTC-0724-V-S Flex Top Cap,7D x 24W,Vented,Square $ 110.00 $ 110.00 .................................................................................................................................. .....................- .................................................................................................................................................................................................................................................... 2 FTC-0712-V-S Flex Top Cap,7D x 12W,Vented,Square $ 99.00 $ 198.00 ................................................................................................................................. ................................................................................................................................................................................................................................................................................................., 1 FBP-3642-VPS Flex Back Panel,36W x 42H,Vented,Powder,Square $ 217.25 $ 217.25 ...................................................................................................................... ....................................................................................................................................................................................................................................................................... 1 FBP-4242-VPS Flex Back Panel,42W x 42H,Vented,Powder,Square $ 222.75 $ 222.75 ..................................................................................................................... ........................................................................................................................................................................................................................................................................................., 3 FCC-07L-9042-EPS Flex Corner Connector,7D,90°L-Type,42H,Exterior,Powder,Square $ 253.00 $ 759.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 7 FWS-SLS-3678-B-E Work Surface,Linear Sit-Stand,Inset,Single Lift,36D x 78L,PES,Endure $ 2,340.25 $ 16,381.75 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 3 FWS-SCS-3666-B E Work Surface,90°Comer Sit-Stand,Single Lift,36D x 66L,PES,Endure $ 2,472.25 $ 7,416.75 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 6 FWS-FRE-3618-E Work Surface,Rectangle,36D x 18L,Endure $ 376.75 $ 2,260.50 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FWS-FRE-3624-E Work Surface,Rectan le,36D x 24L,Endure $ 418.00 $ 418.00 .......................................................................................................................................................................—...................................................................................................................................................................................................................................................................................... 2 FWS-FRE-3612-E Work Surface,Rectangle,36D x 12L,Endure $ 335.50 $ 671.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2 FEC-ASL-0742-L-S Flex Left End Ca ,Linear,Sin le Lift Sit-Stand,7"Wall,42"H,S uare $ 288.75 $ 577.50 P............................... ............................................................................9...................................................................................................................................................................................... 2 FEC-FH-0742-S Flex End Cap,Fixed Height,7"Wall,42"H,Square $ 220.00 $ 440.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2 FEC-ASL-0742-R-S Flex Right End Cap,Linear,Single Lift Sit-Stand,7"Wall,42"H,Square $ 288.75 $ 577.50 ....................................................................................................................................................................................................................................................................................................................................................................................................................................0.'0'0..., 10 WAC-PAN-0718 7"PC Pan for 7"Wall, 18"Long $ 44.00 $ 440.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 5 FPT-361828-LD-S-N-S Flex Technology Pedestal,36D x 18W x 28H,Left Swing,Square,No Lock, $ 511.50 $ 2,557.50 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2 FPT-361228-LD-S-N-S Flex Technology Pedestal,36D x 12W x 28H,Left Swing,Square,No Lock, $ 495.00 $ 990.00 ...................................................................................................................................................................................................................................................................................................................................................................... 1 FPT-242428-LD-S-N-S Flex Technology Pedestal,24D x 24W x 28H,Left Swing,Square,No Lock, $ 495.00 $ 495.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Quotation ovussbassett PROJECT#: DC-11424-01 Option: 5 8189 Byron Road Whittier,CA 90606 REVISION: D Tel:800.350.2445 Fax:562.698.8972 PROJECT NAME: METROCOM www.russbassett.com 1 FPT-361828-RD-S-N-S Flex Technology Pedestal................... ......36D x 18W x 28H,.,....... Right Swingy.Square:No Loci $ 511.50 $ 511.50 .... 30 DAC-MA-OI-SW-S Fully Articulating Monitor Arm-We..... ...................ight Range 5-16 lbs $ 247.50 $ 7,425.00 ....................................................................................................................................................................................................................................................... 5 DAC-SW-SANSTN Slatwall Sanitation Station $ 159.50 $ 797.50 ............................................................................................................................................................................................................................................................................................................................................. ............, 10 DAC-LED-DA-SW Dimmable LED Task Light-Double Arm,Slatwoll Mount $ 253.00 $ 2,530.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................. 10 WAC CO-1 P2U4D Convenience Outlet Plate,1 Power Outlet,2 USB Power,4 Data Ports $ 178.75 $ 1,787.50 ................................................................................................................................................................................................................................................................................................................................................................................................................................................... 10 WAC-CO-BLANK Convenience Outlet Plate,Blank Filler Plate $ 49.50 $ 495.00 ..................................................................................................................................... ......................................................................................................................................................................................................................................................................................... 7 NSP-91973-78 90 Linear Ambient Light Kit,Blue,Slatwoll&Undersurface,78" $ 970.75 $ 6,795.25 ................................................................................................................................ ..............................................................................................................................................................................................................................................................................., 3 NSP-91972-66 90 Corner Ambient Light Kit,Blue,Slatwall&Undersurface,66" $ 1,053.25 $ 3,159.75 AREA:2 Dispatch Area AREA 2 TOTAL: $ 114,798.75 3 Flex Sit-Stand,Linear,84W,..Sin le Lift $ 3,124.00 $ 9,372.00 .................... ................................................................................................................................................................................................................................................................... 7 FSS CS-66 Flex Sit-Stand,90°Corner,66W,Single Lift $ 3,272.50 $ 22,907.50 ................................................................................................................................................................................................................................................................................................................................................ 7 FCF-42-T-SSP Flex Sit-Stand Comer Filler,42H,Tech Stora e,Powder $ 495.00 $ 3,465.00 2 FSW-07-4242-SSP-EMT Flex Wall,07D,42L x 42H,Sit-Stand Powder Side A,Empty Side B $ 343.75 $ 687.50 .............................................................................................................................. ....... ............ ....................... ....... ................................................. .......... .......... ................ ....................................................................................................................................................................................................................................................... ...... ................................................................................................... .................... ..... 1 FSW-07-4242-SWN-EMT Flex Wall,07D,42L x 42H,Slatwoll Side A,Empty Side B $ 382.25 $ 382.25 .............................................................................................................................................................................................................................-id'................................................................................................................................................................................................................9.........., 7 FSW-07-3642-SSP-EMT Flex Wall,07D.36L..42H,Sit-Stand Powder Side A Empty Side B $ 332.75 $ 2,329.25 1 FSW-07-2442-SWN-EMT Flex Wall,07D,24L x 42H,Slotwall Side A,Empty Side B $ 349.25 $ 349.25 ................................................................................................................................................................................................................................................................................................................................................................................................................................................ 11 FSW-07-3042-EMT..EMT Flex Wall.07D.30L..42H. Empty Side A Empty Side B $ 222.75 $ 2,450.25 6 FSW-07-3642-SSP-SSP Flex Wall,07D,36L x 42H,Sit-Stand Powder Side A,Sit-Stand Powder Side $ 431.75 $ 2,590.50 .............................................. ..................................................................................................................................................................................................................................................................................................., 2 FSW-07-3642-SWN-EMT Flex Wall,07D,36L x 42H,Slatwoll Side A,Empty Side B $ 371.25 $ 742.50 .................................................................................................................... ......................................................................................................................................................................................................................................................................................................................... 1 FSW-07-3042-SWN-SWN Flex Wall,07D,30L x 42H,Slatwoll Side A,Slatwoll Side B $ 497.75 $ 497.75 ................................................................................... ......................................................................................................................................................................................................................................................................................................................... �.......................................FSW-07-1842-SWN-EMT Flex Wall,..07D:..18L.x.42H:Slatwoll.Side A.EmptySide.B..................................................................................................................�................338.25...............................338.25... 1 FSW-07-3042-SWN-EMT Flex Wall,07D,30L x 42H,Slotwoll Side A,Empty Side B $ 360.25 $ 360.25 .................................................................................... ............................................................................................................................................................................................................................................................................................................................ 1 FSW-07-4230-EMT-EMT Flex Wall,07D,42L x 30H,Emp..tY.......,............Side A.Em Side B $ 222.75 $ 222.75.. ............................................................................................................. ........P..tY............................................................................................................................................................................................................................. 3 FTC-0784-V-S Flex Top Cap,7D x 84W,Vented,Square $ 165.00 $ 495.00 ............................................................................................................................................................................................................................................................................................................................................................................................................. 2 FTC-0736-V-S Flex Top Cap,7D x 36W,Vented,Square $ 121.00 $ 242.00 10 FTC-0766-V-S Flex Top Cap,7D x 66W,Vented,Square $ 148.50 $ 1,485.00 .................................................................................................................................................................... ........................................................................................................................................................................................................................................................................... 1 FTC-0772-V-S Flex Top Cap,7D x 72W,Vented,Square $ 154.00 $ 154.00 .................................................................................................................................................................... .........................................................................................................................................................................................................................................................................., 2 FTC-0730-V-S Flex Top Cap,7D x 30W,Vented,Square $ 115.50 $ 231.00 .................................................................................................................................................................... .......................................................................................................................................................................................................................................................................... 1 FTC-0718-V-S Flex Top Cap,7D x 18W,Vented,Square $ 104.50 $ 104.50 .........................................................................................................................................................I .........................................................................................................................................................................................................................................................................., 1 FTC-0742-V-S Flex Top Cap,7D x 42W,Vented,Square $ 126.50 $ 126.50 ........................................................................................................................................................ .......................................................................................................................................................................................................................................................................... 1 FBP-4242-VPS Flex Back Panel,42W x 42H,Vented,Powder,Square $ 222.75 $ 222.75 ..................................................................... ............................................................................................................................................................................................................................................................................ 2 FCC-07L-9042-EPS Flex Comer Connector,7D,90°L-T e,42H,Exterior,Powder,S uare $ 253.00 $ 506.00 Y..P..................................................................9................................................................................................................................................................................ 2 FCC-07T-9042-EPS Flex Comer Connector,7D,90°T-Type,42H,Exterior,Powder,Square $ 253.00 $ 506.00 ........................................................... ...............................,..,.................................,.................................,.................................,..,...............................Y............................................................................................................................................................................. ..........�.......................................FCC 07X 9042-MTS.............Flex Comer Connector:.��:..90...X:TY......e...42H:.Err!P..tY..:.S.y2n.....................................................................................................�................165.00...............................1.65:00... 3 FWS-SLS-3684-B-E Work Surface,Linear Sit-Sta nd,Inset,Single Lift,36D x 84L,PES,Endure $ 2,381.50 $ 7,144.50 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 7 FWS-SCS-3066-B E Work Surface,90°Comer Sit-Stand,Single Lift,30D x 66L,PES,Endure $ 2,466.75 $ 17,267.25 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FWS-FRE-2466-E Work Surface,Rectangle,24D x 66L,Endure $ 541.75 $ 541.75 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 3 FWS-FRE-3030-E Work Surface,Rectangle,30Dx30L,Endure $ 338.25 $ 1,014.75 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 3 FWS-FRE-3018-E Work Surface,Rectangle,30D x 18L,Endure $ 266.75 $ 800.25 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2 FWS-FRE-2442-E Work Surface,Rectangle,24D x 42L,Endure $ 398.75 $ 797.50 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FWS-FRE-3072-E Work Surface,Rectangle,30D x 72L,Endure $ 588.50 $ 588.50 ..........................................................................................................................15............................................................................................,..................................................................................................................................................................................................................................... 1 FPD-2424-FF-S-N Flex Drawer Pedestal,24D x 24W,File/File,Square,No Lock $ 288.75 $ 288.75 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2 FPD-2418-FF-S-N Flex Drawer Pedestal,24D x 18W,File/File,S uare,No Lock $ 277.75 $ 555.50 a................................................................................................................................................................................................................................ Quotation ovussbassett PROJECT#: DC-11424-01 Option: 5 8189 Byron Road Whittier,CA 90606 REVISION: D Tel:800.350.2445 Fax:562.698.8972 PROJECT NAME: METROCOM www.russbassett.com ............................................................................................................................................................................. ...................... ........................................................................................................................................................................................................................... 1 FPD-2418-BBF-S-N Flex Drawer Pedestal,24D x 18W,Box/Box/File,Square,..NoeLock.......................................................................... .$ 302.50 $......,.....,_ 302.50 ..............................I.............................. 4 FPD-3018-BBF-S-N Flex Drawer Pedestal,30D x 18W,Box/Box/File,Square,No Lock $ 319.00 $ 1,276.00 .......................................................... ......................................................................................................................................................................................................................................................................................................................................... ....... 2 FPO-3018 Flex Open Storage Pedestal,30D x 18W $ 225.50 $ 451.00 ............................................................._ ..,.._..............................................................................................................................................................................................................................................................................................................................................................._ _.........._ 2 FPM-2015-BBF-S-N Flex Mobile Pedestal,20D x 15W,Box/Box/File,Square,No Lock $ 316.25 $ 632.50 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 3 FPT-243028-PD-S-N-S Flex Technology Pedestal,24D x 30W x 28H,Pair of Doors,Square,No Loc $ 596.75 $ 1,790.25 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2 FPT-242428-LD-S-N-S Flex Technology Pedestal,24D x 24W x 28H,Left Swing,Square,No Lock, $ 495.00 $ 990.00 ..............................................................................................................................................._ ................................................................................................................................................................................................................ 1 FPT-242428-RD S-N-S Flex Technology Pedestal,24D x 24W x 28H,Right Swing,Square,No Loco $ 495.00 $ 495.00 ............................................................................................................................................. ..............................................................................................................................................................................................................., 3 FEC-FH-0742-5 Flex End Cap,Fixed Height,7"Wall,42"H,Square $ 220.00 $ 660.00 ................................................................................................................................... ............................................................................................................................................................................................. 2 FEC-ASL-0742-L-S Flex Left End Cap,Linear,Single Lift Sit-Stand,7"Wall,42"H,Square $ 288.75 $ 577.50 ................................................................................................................................ .............................. ............................................................................................................................................................................................................... .......................................FEGASL-0742:R:S.................Flex Ri.ght End Cap,Linear,Single Lift Sit-Stand,...7...Wall;.42 H:.Square..............................................................................�................288.75...............................288:75... 1 FEC.ASC-0742-B-S Flex Back-to-Back End Cap,Corner,Single Lift Sit-Stand,7"Wall,42"H,Sqi $ 316.25 $ 316.25 ............................................................................................................................................................................................ .................................................................................................................................................................................................................................................. 1 FEC-FH-0730-S Flex End Ca ,Fixed Height,7"Wall,30"H,S uare $ 137.50 $ 137.50 ..............................................................................................................................................P........................... ................., 9.................................................................................................................................................................................................................................. 4 FAP-150 Flex Inside Access Panel,Two Supports,15"W $ 82.50 $ 330.00 ............................................................................................................................................................................................................................................................................................................... 3 FAP-210 Flex Inside Access Panel,Two Supports,21"W $ 93.50 $ 280.50 ..............................................................................................................................................................e1,'''3' ...............................................................................................................................................................................................$....................................................................................., 1 FEP-30-R-S Flex Right End Panel,30D,Square $ 20...25 $ 206.25 1 FSL-30-L Flex Left Support Leg,30D $ 178.75 $ 178.75 ................................................................................................................................................................................................................................................................................................................................................................................................................................................... 10 WAC-IV-RMK-2 2U Internal Vertical Rack Kit $ 82.50 $ 825.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................. 10 WAC-PAN-0718 7"PC Pan for 7"Wall,18"Long $ 44.00 $ 440.00 ..................................................................................................................................................................................................................................................................................................................................................................................................................................20-.........., 32 DAC-MA-OI-SW-S Fully Articulating Monitor Arm-Weight Range 5-16 lbs $ 247.50 $ 7,920.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................. 10 DAC-LED-DA-SW Dimmable LED Task Light-Double Arm,Slatwall Mount $ 253.00 $ 2,530.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 5 DAC-SW-SANSTN Slatwall Sanitation Station $ 159.50 $ 797.50 ............................................................................15................................................................................................................................................................................................................................................................................................................................................................. 10 WAC CO-1 P2U4D Convenience Outlet Plate,1 Power Outlet,2 USB Power,4 Data Ports $ 178.75 $ 1,787.50 .................................................................................................................................................................................................................................................................................................................................................................................................................................................. 10 WAC CO-BLANK Convenience Outlet Plate,Blank Filler Plate $ 49.50 $ 495.00 ........................................................................................................................................................................................................................................................................ 7 NSP-91972-66 90 Corner Ambient Light KItBIue,Slatwall&Undersurface,66" $ 1,053.25 $ 7,372.75 ..................................................................................................................................................................................... 3 NSP-91973-84 90 Linear Ambient Light Kit,Blue,Slatwall&Undersurface,84" $ 970.75 $ 2,912.25 ............................................._ ... ..........................................................................................................................................................................._ 2 FSW-07-1842-SWN-SSP Flex Wall,07D, 18L x 42H,Slatwall Side A,Sit-Stand Powder Side B $ 437.25 $ 874.50 AREA:3 Supervisor AREA 3 TOTAL: $ 17,341.50 1 FSS-LS-96 Flex Sit-Stand,Linear,96W,Single Lift $ 3,234.00 $ 3,234.00 ...........................................................................................................................Si't..."ta,..............................."id,.............................................................................................................................................................................................................................. 2 FSW-07-4842-SSP-EMT Flex Wall,07D,48L x 42H,Sit-Stand Powder Side A Empty Side B $ 354.75 $ 709.50 2 FSW-07-3642-SSP-EMT Flex Wall,07D,36L x 42H,Sit-Stand Powder Side A,Empty Side B $ 332.75 $ 665.50 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FSW-07-4242-SWN-EMT Flex Wall,07D,42L x 42H,Slatwall Side A,Empty Side B $ 382.25 $ 382.25 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FSW-07-4842-SWN-EMT Flex Wall,07D,48L x 42H,Slatwall Side A Em Side B $ 393.25 $ 393.25 P .......................................................................................................................................................................................................................... 1 FSW-07-3642-SWN-EMT Flex Wall,07D,36L x 42H,Slatwall Side A,Empty Side B $ 371.25 $ 371.25 ...........................................................I..,................, ...................................................................................................................................................................................................................................................................................... .......................................FTC-0796:V:S...........................Flex ToP.0°P..:_7D x 96W,_Ven ted:.S.9uare ...................................................................................................................................................................176.00...............................176:00... 1 FTC-0736-V-S Flex Top Cap,7D x 36W,Vented,Square $ 121.00 $ 121.00 ........................................................................................................................................................ ........................................................................................................................................................................................................................................................................... 1 FTC-0790-V-S Flex Top Cap,7D x 90W,Vented,Square $ 170.50 $ 170.50 ........................................................................................................................................................ .........................................................................................................................................................................................................................................................................., Quotation ovussbassett PROJECT#: DC-11424-01 Option: 5 8189 Byron Road Whittier,CA 90606 REVISION: D Tel:800.350.2445 Fax:562.698.8972 PROJECT NAME: METROCOM www.russbassett.com ........................................................................................................................................................................................ ...................... ......................................................................................................................................................................................... 1 FTC-0772-V-S Flex Top Cap,7D x 72W:Vented,Square....................................................................................................................................... $ 154.00 $............ 154.00 ............................_ ............................ 2 FBP-4842-VPS Flex Back Panel,48W x 42H,Vented,Powder,Square $ 228.25 $ 456.50 ..................................................................................................................... ........................................................................................................................................................................................................................................................................... 2 FBP-3642-VPS Flex Back-Fa.nel,36W x 42H,Vented,Powder,Square $ 217.25 $ 434.50 .......................................................................................................................__ --..................................................................................................................................................................................................................................................................................................... 2 FCC-07L-9042-EPS Flex Comer Connector,7D,90°L-Type,42H,Exterior,Powder,Square $ 253.00 $ 506.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FWS-SLS-3696-B-E Work Surface,Linear Sit-Stand,Inset,Single Lift,36D x 96L,PES,Endure $ 2,464.00 $ 2,464.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FWS-FRE-2490-E Work Surface,Rectangle,24D x 90L,Endure $ 684.75 $ 684.75 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FWS-FRE-2436-E Work Surface,Rectangle,24D x 36L,Endure $ 363.00 $ 363.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FPD 2418-BBF-S-L Flex Drawer Pedestal,24D x 18W,Box/Box/File,Square,Lock $ 346.50 $ 346.50 ..........................................................................................................................15.................................................................................................................................................................................................................................................................................................................................. 1 FPD-2430-FF-S-L Flex Drawer Pedestal,24D x 30W,File/File,Square,Lock $ 407.00 $ 407.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FPO-2412 Flex O en Stora e Pedestal,24D x 12W $ 192.50 $ 192.50 P........................................................................................................................................................................................................................................................................................................................... 1 FPC-2412-RD-S-L Flex Closed Storage Pedestal,24D x 12W,Right Swing,Square,Lock $ 277.75 $ 277.75 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FPT-243028-PD-S-N-S Flex Technolo Pedestal,24D x 30W x 28H,Pair of Doors,Square,No Loc $ 596.75 $ 596.75 ....................................................................T...........................................................................-1.............................................................................................................9......................................................................................................................................................................................... 1 FSL-24-L Flex Left Support Leg,24D $ 165.00 $ 165.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2 FEC-FH-0742-S Flex End Cap,Fixed Height,7"Wall,42"H,Square $ 220.00 $ 440.00 ................................................................................................................................................................................................................................................................................................................ 1 FAP-225 Flex Inside Access Panel,One Support,22.5"W $ 99.00 $ 99.00 ............................................................................................................................................................................................................................................................................................................................... 2 FAP-210 Flex Inside Access Panel,Two Supports,21"W $ 93.50 $ 187.00 ................................................................................................................................................................................................................................................................................................................ 2 FAP-150 Flex Inside Access Panel,Two Supports,15"W $ 82.50 $ 165.00 ................................................................................................................................................. ......................................................................................................................................................................................................................................................................................................... 1 WAC-IV-RMK-2 2U Internal Vertical Rack Kit $ 82.50 $ 82.50 ............................................................................................................................................. .................................................................................................................................................................................................................................................................................................., 1 DAC-SW-SANSTN Slatwall Sanitation Station $ 159.50 $ 159.50 .............................................................................................................................................l- ...,...................................................................................................................................................................................................................................................................................................... 6 DAC-MA-OI-SW-S Fully Articulating Monitor Arm-Weight Range 5-16 lbs $ 247.50 $ 1,485.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 DAC-LED-DA-SW Dimmable LED Task Licht-Double Arm,Slatwa11 Mount $ 253.00 $ 253.00 ...........................................................................................15.............................................................................................................................................................................................................................................................................................................................................................. 1 WAC CO-1 P2U4D Convenience Outlet Plate,1 Power Outlet,2 USB Power,4 Data Ports $ 178.75 $ 178.75 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 WAC CO-BLANK Convenience Outlet Plate,Blank Filler Plate $ 49.50 $ 49.50 ....................................................................................................................................................................................................................................................................................................................................................................... 1 NSP-91973-96 90 Linear Ambient Light Kit,Blue,Slatwall&Undersurface,96" $ 970.75 $ 970.75 ................................................................................................................................................................................................................................................................................................................................... AREA:4 RB Care AREA 4 TOTAL: $ 8,400.00 21 RB-Care Russ Bassett Console Care $ 400.00 $ 8,400.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ........................................................................................................................................................................................... CooperativeContract: HGACBuy EC07-16 (9-1-1 Equipment&Services) Product Total: $ 245,296.00 Price does not include applicable sales fax Freight Services: $ 16,500.00 Russ Bassett Installation Services: $ 38,550.00 Total Due $ 300,346.00 Quotation marussbas5ett PROJECT#: DC-11424-01 Option: 5 8189 Byron Road Whittier,CA 90606 REVISION: D Tel:800.350.2445 Fax:562.698.8972 PROJECT NAME: MEfROCOM www.russbassett.com Any drawing submitted to the Client under this Quotation must be signed-off as"approved for manufacture"and returned with applicable purchase order. Drawing REVISION level must match Quote REVISION level. A signed,completed delivery and installation checklist and purchase order is required to prevent any issues at time of delivery and installation. Any unique requirements encountered at time of delivery and installation not covered on the installation checklist will be invoiced at cost in addition to the charges quoted herein. Russ Bassett ships your products using our"Safe Ship"program. The program simply states that we guarantee your products will arrive damage free anywhere in the 48 contiguous United States. If damage should occur,notify customer service and Russ Bassett will rush a replacement part or unit and pick up the damaged product. Due to the custom nature of our products,Russ Bassett recommends using only Certified Russ Bassett Installers. Send to: Russ Bassett Corporation Fax to: (562)698-8972 Attn:Customer Service 8189 Byron Road Whittier,CA 90606 Purchase orders must include the following information to process with Russ Bassett: Sold to,Ship to,Order Date,Requested Delivery/Install Date,PO Number,Quantity,Full Model Numbers&Total. All purchase orders must also accompany the following documents to be considered a complete order: Signed drawing noting console and work surface colors and/or cabinet color,signed quotation,&installation checklist. Quote is Valid for 90 days from date of issue;and,may only be extended in writing by Russ Bassett. Negotiated payment terms as follows: • 10%due 30 days after receipt of order •50%due 30 days after shipment invoice date •30%due on October 15,2018 • 10%due after final sign-off Quotation marussbas5ett PROJECT#: DC-11424-01 Option: 5 8189 Byron Road Whittier,CA 90606 REVISION: D Tel:800.350.2445 Fax:562.698.8972 PROJECT NAME: MEfROCOM www.russbassett.com For the products covered under this proposal is twelve(12)weeks AAO(After Acceptance of Order). Incomplete Purchase Orders may delay the ship date;actual date will be confirmed on written Order Acknowledgement. Russ Bassett Corporation warrants to the original customer that all Desience manufactured products as quoted or proposed will be free from defects in materials and workmanship for the following warranty period: 1. Limited Lifetime Warranty for Russ Bassett Corporation manufactured Desience products. 2. Limited Term Warranty for all Russ Bassett Corporation non-manufactured products or components that are added or integrated into a Russ Bassett Corporation manufactured product shall be warranted as outlined in the original manufacture's warranty. If a Performance Bond is required for this project,the warranty covered by the Performance Bond is limited as follows:'Notwithstanding anything stated in the contract, purchase order,or specifications,the bond only covers a 1 year parts and labor warranty. Any additional warranty will not be the responsibility of the Surety and will be the sole responsibility of Russ Bassett'. Changes to an order,once it has been processed,can be very disruptive and costly.Once an order has been started in manufacturing,usually within 4 weeks of the scheduled ship date,it is not possible to make changes. Any requests for changes to the design or scope of work shall be made in writing. RBC will notify Buyer if it is possible to accommodate the change requests.If there is still time to accommodate the change requests,RBC will provide a quotation covering the cost and lead-time impact of the change.If these impacts are acceptable to Buyer, RBC will produce changed drawings for review and approval.No change will be made without sign-off of the updated quote and drawing by Buyer. Any cancellation requests must be submitted in writing and approved by an officer of Russ Bassett.Upon acceptance of canceled order,a cancellation charge of 25%of the contract amount will be incurred over and above the cost of materials produced or in production,labor or other services performed,freight,taxes and any other out of pocket expenses also incurred by Russ Bassett. Authorized Signature Print Name of Authorized Signature Print Title Print Company Name P.O.Number Date of Authorization ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS ❑ ❑❑❑❑❑❑❑❑❑❑� 111IJBIIIII111 ❑❑❑❑❑❑❑ ❑. 11ontraEtor 11 Est not lb1111en1b wor11 Gtder tas CbntraEt [hti 11aFFFins[ran 1b re11lired Cas Oen oGained and s 11M ins CA7an O Cis Oen a 11Go Od [Iy t O 11ity. 11ontra Gor 11 Cit not a How any s 11FFbntra Gor 11to O 1111 en O wor 11 Chti❑a 11Fki 11 i®r ins Clan O re 11lired o Oany s 11FI-bntra Gor Cas Oen o Gained. B. 11ontraEtor 11 Cit 111inis11 to tO 11ity® Ois11 ManaCbr and 11ontraG lid 11 inistrator one 1111 lb Ey o11 ❑erti Ci Cates o[]Chs CA7an O wit[]a FMii Ea 116 ❑b C114 endorse 11 ents s Cbwin O t O b Orwin 1111 ini 11❑ I Cb Ora O Ey an insEtanO Cb11CanyCs11a11FbGa11d to tO 11ityCs 11is11 ManaCbr. 11O 11ity 11Cat O [isted as an additiona❑inslied on tO ❑enera❑iaCity and 11 Go ❑iaEiAy ❑bCildes by endorsementaand a waiOr o1 s11Golation endorsement is re11lired on a1111aFMi aFT6 ❑billies. Endorsements 11 Est O Goaded wit[] ❑ertiCiCate o❑Chs Gan O. Pro CbEt nalle and[or nm Or 11 Cat O (kited in Des CtiGion Bo11o1111ertid ate o1 Chs Iran O. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per o 11OA7ren O 11 a 11Ge Cate or termination required on all certificates and policies. 1111MM1111111E]11 11111111111111 11II]BIIIIIII11 A 1000 1000 Per 1111O}ren1b in F"in 11] G 10001000 1111Ge Otte 1. 11011❑erdallBroad Ebr11 2. Pre[]ises ❑❑Orations 3. Prod 11Gs 111101111-6ted 11 Orations 11 11ontra G Ca 11Ci a a lity 5. Chde Ondent 11ontra Gors 11 Persona[]InEIiy1111dOrtisin11 ChE y 1111❑❑ 111111131111111111 CinFffflinm A 1000 1000 11011tined ❑ink ❑i11it 1_ Owned 2. ❑fired and Oon1111wned 3. 11ented[IDeased 11 111111111111111111[IMP[][][][][][El11 Etat Gory and lb 11 Eliies wit❑Part ❑b❑tas 1111 1111[Itates [Indorse 11 ent i 1111011 Cany is not 1111i at. do 11 i ii Cbd in lie Cas 11 111111Ibyer1� ❑iaaRy ❑5001000X50010001115001000 11. 1h t O e Ont o lla 11lidents o❑any and related to t Ei s Contra Et1111ontra Etor 11 Est ❑ltni s❑t O Ili s 11 Mana Or wit111baes of allre❑bits o❑any a11lidents witEin 10 days oGO a11lident. EID [IDDEE]EII❑❑❑ ❑❑❑❑EEI❑M❑❑❑❑ ❑. ❑FMiCa FFd Cor Laid e❑ Elbyees❑❑ontra ltor ❑lst o Gain worlbrs❑ Eb❑lbnsation Eblbra Eb t lfo FM a i1ensed ins lA7an 1b Eb❑Cony. ❑Ce EbCbraEb ❑lit lb written on a ❑b illy and endorse❑ents ado lbd EytEb ❑e l�fts De CArt❑ent o❑Chs ltanlb. ❑lb wor lbrs❑Eb❑lbnsati on Eblbra Eb lro tided ❑Est lb in stat Gory a❑oEhts a❑Fhrdin❑to tEb ❑ems DeE�rt❑ent o❑ChslianlbEDiasion o❑❑ orEbrs❑❑o❑lbnsation. ❑n ❑1111 ❑tates [Indorse❑ent s E alb re Hired i❑❑ontraltor is not do❑i d led in tEb ❑tate o❑❑e Cas. B. ❑ontraltor sla1111oEtain and ❑aintain in ❑ 16rlb and e❑eEt Cor tEb dlration o❑tas ❑ontraEt❑and any e ltensi on Cereo mat ❑ontra ltor© sole e❑lbnse❑ins Iran1b Eblbra lb written on an o❑wren l:e Casi s ley l611 Conies aEtEbriled and ad❑itted to do FT-�,iness in tEb ❑tate o❑❑elas and wit❑an ❑.M. Best©ratio❑o❑ no Cess tCan 111111 EID ❑. ❑ontra ltor s E ❑Ii�,,re Hired to s FM it renewa❑ i�,rti Ci Cates o Gins Iran 1b t lro[IFF-6 A tEb ter❑ o Etas lbntra Et and any e pensions witan 10 days o❑t Ce lb[i]Ey e gyration dates. ❑❑3roti lbs Ehder tas ❑❑a at s la alb A Cen to ❑ity at t lb 16 twin❑address❑ ❑ity o❑❑orFT-k ❑lristi ❑ttn❑❑is❑ManaCbr P.❑. Boll C2Ell ❑ori ❑lristim❑ E8 m 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: • ❑ist tEb ❑ity and its o❑iters❑o❑ida®Cb❑Elbyees land ❑b❑3ateers E s additionaEiins lteds Cay endorse❑ent wit❑re lard to o Cerati ons❑lb❑meted o Cerati ons❑and a Cti ati es o❑or on le la llll o❑t le na❑ed ins lred CerC6r❑ed Ehder CentraCt wit❑tEb ❑ityEWit❑tEb eE[bltion o❑tEb worEbrs❑Fh❑Censation Cbi]411 • Protide Cor an endorse❑ent tCat tEb "otEbr insIranCe" ®Ise sla❑Fbot aEE[y to tEb ❑ity o❑❑ori ❑ltisti wEbre tEb ❑ity is an additionaEinslred sCbwn on tEb Cbi]411 • ❑ orEbrs❑b❑Censation and e❑dyers❑ia a City ❑b Odes wi alto tide a wai Cer o Cs ELto lotion in Ca Cbr o❑ tEb ❑ity❑and • Pro fide t arty 30❑Ca Cendar days ad Can ib written noti lb dire Etlyto ❑ity o any❑an 1b®.ti on Chon Ifenewa 1111 ❑ateria ELFAn Ee or ter❑ination in Ib❑era Eb and not Cess t Can ten a 0❑Ca Cendar days ad Can ib written noti lb Cor non ley❑ent o❑lA7e❑i Ell. ❑. ❑ it an Ci le 15❑Ca Cendar days o❑a Can 1b®.ti on Ehon Crenewa❑D ateri a❑❑fin le or ter❑ination o❑le Cera Eb❑ ❑ontraltor s❑ado tide a re®le❑ent ❑erti Ci Cate o❑Chs lA7an 1b and a[Mi Ea.F16 endorse❑ents to ❑ity. ❑ity s Ca 1111l�t le t le o pion to s is[end ❑ontra ltor© lbr[or[]an 1b s❑b A t Gere le a Ca Eke in Eb Cera Eb at any ti❑e d Erin❑t as Centra Ct. ❑ai❑Ite to lA7o tide and to ❑aintain tEb re fired ins lA7an[b s Ea 11[]lenstit lte a ❑ateria❑ lJ7eaE[]o Eras lentraCt. El in addition to any otEbrre❑edies tEb ❑ity [lay ❑aEb Elbn ❑ontraEtor©CAi❑lte to ltoade and ❑aintain any ins ltan[b or ❑b i]Ey endorse❑ents to tEb e Gent and wit an tEb ti❑e Grein re fired Etle ❑ity s la 1111la le t le riELt to order ❑ontra ltor to sto❑wor❑[ere Oder end Cbr wit E[b Cd any Cay❑ent®❑w a Ell lb Eb❑e d le to ❑ontra ltor Gere Ehder Ehti❑❑ontra ltor de❑onstrates Eb❑man E�wit❑t le re ire❑ents Ebreo❑ ❑. ❑of an❑Grein Contained s Ca FFFFi- EbnstrEbd as C>7❑itin❑in anyway t Eb e Etent to w Ci Ell❑ontra Etor ❑ay ❑e ❑e Cd res❑bnsi C1fi Cbr Cly❑ents o❑da❑a Cos to ❑ersons or Cto Cbrty res C❑ti n❑ Cho❑ ❑ontra Clor© or its s C❑Ibntra Clor Is Cor[or 11 an 1b o❑t Cb wor❑Cb Cored Ehder t as Contra CI. 11. Ctl i s a Geed t Cat ❑ontra Clor©ins Iran Ce s Ea FFFFb dee❑ed Cfi❑ary and non CIFhntri[Rory wit❑res Cb CI to any ins Oran 1b or se mains Oran 1b Carried ❑y t Cb ❑ity o❑❑or CT-k ❑Cristi Cor i EiCiity arisin❑o Ct o❑o❑erations Ehder tas CbntraEt. ❑ it is Ehderstood and aCleed tCat tEb insCran1b reClired is in addition to and se Carate Cfo❑ any otEbr oCh❑ation Contained in tds CbntraEt. 2018 Ctrs Oran1b ❑e Clire❑ents PCA7FFbsin 111111 IIPD Metro❑o❑ ❑onsoCb PIA77bse and Ctista®tion 0511 CT7018 sw ❑is❑Mana❑e❑ent ❑alid ❑CA7oFM123112018 BOND REQUIREMENTS: No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. ATTACHMENT D: WARRANTY REQUIREMENTS See attached document, Russ Bassett Limited Lifetime Warranty. u russbassett RUSS BASSETT LIMITED LIFETIME WARRANTY Russ Bassett Corporation warrants to the original customer that all Russ Bassett manufactured products as quoted or proposed will be free from defects in materials and workmanship for the following warranty period: 1. Limited Lifetime Warranty for Russ Bassett Corporation manufactured products. 2. Limited Term Warranty for all Russ Bassett Corporation non-manufactured products or components that are added or integrated into a Russ Bassett Corporation manufactured product shall be warranted as outlined in the original manufacturer's warranty. Russ Bassett is the single point of contact for any and all warranty claims under this warranty agreement.This warranty does not cover ordinary maintenance, normal wear and tear, abuse, improper use, negligence, accident, alterations,damage due to shipping and handling,repair or installation not performed by a certified Russ Bassett Corporation representative, products which have not been maintained or operated in accordance with Russ Bassett Corporation written instructions.This warranty does not cover any damage to customer equipment that is caused by circumstances unrelated to the quality and/or functionality of Russ Bassett Corporation's products. In addition this warranty does not cover consumable items including,but not limited to,light bulbs,filters,etc. No claims under this warranty will be valid unless Russ Bassett Corporation receives written notice within a reasonable time of discovery of the defect and no later than the expiration of the applicable warranty period.In the event that Russ Bassett Corporation does not receive written notice prior to the expiration of the applicable warranty period, Russ Bassett Corporation shall have no obligation to repair or replace the product and shall have no other liability whatsoever under this warranty. Russ Bassett Corporation will replace or repair (at its option) any products which are covered by this warranty and which are found to be defective. Russ Bassett Corporation may provide a substitute product of equal or greater value to resolve a warranty claim. No cost to the customer shall be incurred for any items covered under warranty. Russ Bassett Corporation assumes responsibility for freight and installation.Any product or component that is replaced or repaired will not extend the applicable warranty period. In the event that the product failure is a result of non-warrantable items, an hourly rate will be applied for work performed plus expenses including, but not limited to, product,installation,transportation, and accommodations. The foregoing warranty is exclusive and is in lieu of all other warranties, express or implied, provided by Russ Bassett Corporation including without limitation implied warranties of merchantability and fitness for a particular purpose. Product repair or replacement is the customer's exclusive remedy for any and all product defects. Russ Bassett Corporation accepts no liability beyond the remedies set forth in this warranty statement. in addition, Russ Bassett Corporation shall not be liable for any incidental, consequential or special damages including,without limitation, damages for lost profits or revenues or costs incurred as a result of lost time, data, use of the product or from any other cause whatsoever,whether based on warranty (expressed or implied), contract, or tort including negligence. In no event shall Russ Bassett Corporation's liability exceed the purchase price of the product purchased. If a Performance Bond was provided for this project, the warranty covered by the Performance Bond is limited as follows: `Notwithstanding anything stated in the contract, purchase order, or specifications, the bond only covers a 1 year parts and labor warranty. Any additional warranty will not be the responsibility of the Surety and will be the sole responsibility of Russ Bassett'. 8189 Byron Road Whittier,CA 90606 1 Tel 562.945.2445/Fax 562.698.8972 1 info@russbassett.00m on ussbassett RUSS BASSETT NON-MANUFACTURED PRODUCT WARRANTY INFORMATION LINAK lifting Columns LINAK U.S. Inc. Lifting Columns are warranted for a period of five (5) years from the date of shipment. Console Management System Russ Bassett warrants that our Console Management System will be free from defects in material and workmanship to the original purchaser for three (3) years from the date of shipment. Monitor Arms Monitor Arms are warranted for ten (10)years from the date of shipment against defects in materials and workmanship. Monitor arms will be repaired or replaced under this warranty. Lighting LED Task Lighting is warranted for five (5) years from the date of shipment against defects in materials and workmanship.Task Lights will be repaired or replaced under this warranty. Ambient and CPU LED Lights are warranted for three (3) years from the date of shipment against defects in materials and workmanship and will be repaired or replaced under this warranty. Work Surface Russ Bassett warrants that our work surfaces will be free from defects for up to ten (10) years from the date of shipment where we deem these products to have been subjected to normal use. This warranty applies to laminate work surfaces and substructures,solid edge and edge band, and all hardware. Power, Data,and Cables Power strips, desktop outlets, data keystones, and data and signal cables are warranted for five (5) years from the date of shipment and will be replaced under this warranty. Laminate Products Russ Bassett warrants that all laminate panels and case goods such as Lockers and Laminate storage cabinets will be free from defects for five (5) years from the date of shipment,where we deem these products to have been subjected to normal use. Fabric Panels Russ Bassett warrants that all fabric panels will be free from defects for five (5) years from the date of shipment, where we deem these products to have been subjected to normal use. Acrylic Panels and Screens Russ Bassett warrants that all acrylic panels and privacy dividers will be free from defects for five (5) years from the date of shipment,where we deem these products to have been subjected to normal use. Iron Horse Seating Heavy Duty Frame Warranty—Ten (10) Years from date of sale for 24-hour use. All Other Structural Components—Coverage includes all mechanical components for a period of five (5)years from date of shipment for 24-hour use. Armrests, Cushions,and Trim—Covered for three (3) years for normal wear and tear for 24-hour use. Abuse is not covered. Casters-Covered for one (1) year for normal wear and tear for 24-hour use. Russ Bassett Corporation Warranty Statement This warranty applies to all Russ Bassett Console products purchased on or after January 1,2016 8189 Byron Road Whittier,CA 90606 I Tel 562.945.24451 Fax 562.698.8972 1 info@russbassett.com Attachment E PROVISIONS FOR ADDITIONAL DELAY CHARGES Additional Russ Bassett Charges for Delays to Product Delivery and Installation Schedule: The City understands, acknowledges and agrees that its change request to any established Product delivery or Installation date is disruptive and costly to Contractor regular manufacturing operation. Moreover, Contractor storage capacity is limited and any delay to the Product delivery date impairs Contractor ability to maintain its ongoing operations. Accordingly, in the event City discovers, at any time and for any reason, its Project Site will not be available to receive the Product on the Project delivery date, City shall immediately notify Contractor in writing. The Parties shall immediately meet to determine the impacts to the Project Schedule and revise the Project Schedule, in a writing signed by the Parties. The City may request an extension of the Product delivery date within 30 days from the Effective Date of this Agreement without any additional charge, and provided the extended date is approved in a signed writing between the Parties. In the event of any City-requested change after the 30th day shall bind the City to an automatically-applied storage charge in the minimum sum of (a) $.05 per square foot (as determined by Contractor) per day if room exists at Contractor manufacturing facility, and/or (b) Contractor actual storage and shipping charges, plus 100 overhead, for any necessary offsite storage, whichever individual or aggregate sum is greater. These costs will be the obligation of the City and will be invoiced as incurred. In addition, any costs incurred by Contractor installation team as the result of a change in schedule as described above, will be the obligation of the City and invoiced as incurred. se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 19, 2018 Nc1852Ev Action Item for the City Council Meeting of June 26, 2018 DATE: May 23, 2018 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief rrocha aj�cctexas.com 361-826-3932 Resolution authorizing submission of 6 grant applications for State Homeland Security Program and Law Enforcement Terrorism Activity. CAPTION: Resolution authorizing submission of 6 grant applications to the Office of the Governor for State Homeland Security Program and Law Enforcement Terrorism Activity. PURPOSE: The purpose of the resolution is to authorize the City of Corpus Christi to submit six (6) grants. The grants will be submitted to the Office of the Governor for the Homeland Security Grant Program (HSGP) and Law Enforcement Terrorism Prevention Activities (LETPA). The purpose of the grants is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the United States. BACKGROUND AND FINDINGS: The Homeland Security Grant Program and Law Enforcement Terrorism Prevention Activities annually issues grants to improve our ability to respond to potential acts of terrorism, to purchase more advanced equipment and to enhance training. Since 2004 the U.S. Department of Home Security has annually issued grants to the State of Texas who in turn awards the grants to municipalities through the Homeland Security Program. Listed below are the amounts available for grant funding. Airport CBRNE Response Equipment $14,996.28 Bomb Squad Enhancement $70,128.00 PD Interoperable Communications $199,806.33 Portable Communications Equipment $118,202.19 Corpus Christi Planning $ 22,605.40 CCPD SWAT Enhancement $375,428.00 ALTERNATIVES: If we do not submit these 6 grant applications, we will have limited emergency response and security capabilities. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: City council approval to allow submission of grant applications. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Not applicable ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends authorizing the Fire Department to submit grant applications. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of 6 grant applications to the Office of the Governor for State Homeland Security Program and Law Enforcement Terrorism Activity. WHEREAS, The City of Corpus Christi finds it in the best interest of the citizens of Corpus Christ, that the Airport Chemical, Biological, Radiological and Nuclear Defense (CBRNE) Response Equipment, Bomb Squad Enhancement, Police Department(PD) Interoperable Communications, and PD Portable Communications Equipment, Corpus Christi Planning, and CCPD SWAT Enhancement projects be operated for the year of 2019; WHEREAS, the City of Corpus Christi agrees to provide applicable matching funds for the said project, with the understanding that matching funds are not required by the Homeland Security Grant Program grant application; and WHEREAS, the City of Corpus Christi agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council authorizes submission of grant applications to the Office of the Governor for the following projects: 1. Airport CBRNE Response Equipment; 2. Bomb Squad Enhancement; 3. PD Interoperable Communications; 4. PD Portable Communications Equipment; 5. Corpus Christi Planning; and 6. CCPD SWAT Enhancement. SECTION 2. The City of Corpus Christi designates the Deputy Fire Chief as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Grant Numbers 3598801, 3599401, 3601001, 3602801, 3605801, 3614501 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 Everett Roy Lucy Rubio Greg Smith Grant Numbers 3598801, 3599401,3601001, 3602801, 3605801, 3614501 se o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of June 19, 2018 1852 Action Item for the City Council Meeting of June 26, 2018 DATE: June 19, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEllCa-)-cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services kimb2(a-)cctexas.com (361) 826-3169 Playground Equipment and Installation at Ben Garza Park, Moody Park and South Bluff Park CAPTION: Motion authorizing an eight-month service agreement for the purchase and installation of playground equipment at Ben Garza Park, Moody Park and South Bluff Park from GameTime by Total Recreation Products, Inc. of Cypress, Texas via U.S. Communities Cooperative for a total amount not to exceed $222,281.91. PURPOSE: To approve the purchase of playground equipment and installation at Ben Garza Park, Moody Park and South Bluff Park. BACKGROUND AND FINDINGS: This playground equipment is a replacement for the playground equipment that has been removed due to reaching the end of its life cycle. Funding for this purchase is from the Community Development Block Grant program (CDBG). The equipment identified will allow for use by all age groups and meets goal three of the 2012 Parks and Recreation Master Plan by providing additional opportunities and a fitness station. Utilization of the U.S. Communities Cooperative allows for increased buying power for the City for this type of playground equipment. 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. DEPARTMENTALCLEARANCES: Parks and Recreation FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $644,750.00 $0.00 $644,750.00 Encumbered / $0.00 Expended Amount $313,703.62 $313,703.62 This item $222,281.91 $0.00 $222,281.91 BALANCE $108,764.47 $0.00 $108,764.47 Fund(s): Community Development Block Grant (CDBG) Comments: The full amount of the purchase is included in the CDBG Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet PRICE SHEET CITY OF CORPUS CHRISTI PURCHASING DIVISION PLAYGROUND EQUIPMENT AND INSTALLATION BUYER: JOHN ELIZONDO US COMMUNITIES CONTRACT 2017001134 GAMETIME BY TOTAL RECREATION PRODUCTS CYPRESS, TEXAS UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE Playground Equipment and Installation for Ben 1. Garza Park 1 LS $74,093.97 $74,093.97 Playground Equipment and Installation for 1. -Moody Park 1 LS $74,093.97 $74,093.97 L1. Playground Equipment and Installation for South Bluff Park 1 LS $74,093.97 $74,093.97 Total Price $222,281.91 SC G° a h U arrvoaa�eo 1852 Service Agreement No. 1718 Playground Equipment and Installation for Ben Garza Park THIS Playground Equipment and Installation for Ben Garza Park Service Agreement ("Agreement") is entered into by and between GameTime by Total Recreation Products, Inc. ("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 Playground Equipment 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 playground equipment 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 $74,093.97, 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 during and until completion of the work. Additional insured status for ongoing and completed operations will be provided by Subcontractor performing installation. 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 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. Page 2 of 6 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. 15.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. 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 Page 3 of 6 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 Address: 1201 Leopard Street 3rd Floor City, State, Zip: Corpus Christi, Texas 78401 Phone: (361) 826-3483 Fax: (361) 826-3174 IF TO CONTRACTOR: Name: GameTime by Total Recreation Products, Inc. Contact Person: Jason Marbach Address: 17802 Grant Road City, State, Zip: Cypress, Texas 77429 Phone: (281) 351 -2402 Fax: (281) 351 -2493 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. Page 4 of 6 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 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 Name: Title: RLF,5;P& Date: %�=��� 4e e CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Page 6 of 6 �s ATTACHMENT A: SCOPE OF WORK '1852 SCOPE OF WORK: Scope of Work Company will Provide equipment and installation on selected Playground and Pour in Place fall zone at the following Park 1 ) Installation of Playground will include: • Line Location • Grading for base installation for pour in place surfacing. • Installation of Playground per manufactures instructions. 2) Installation of a 1200 SF concrete slab at 4" thick including: • All material and work to complete forming for concrete slab. • All materials and work to complete reinforcing with wire mesh. • All material and work to complete placement and finish of concrete. • All materials and work to complete clean up. 3) Installation of 1200 SF at required depth per fall height of one pour in place rubber pad including. • All material and work to complete mixing of bonding agent and rubber surfacing. • All material and work to complete placement of pour in place rubber pad. • All material and work to complete clean up. 4) Be aware of surroundings in Park. 5) Contractor will contact Administrator for Scheduling. 6) All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. 7) One CDBG Project Site Sign Page 2 of 16 nrr% ATTACHMENT B: QUOTE/PRICING SCHEDULE by Total Recreation Products,Inc. QUOTE (EaMeTlme, 17802 Grant Road Cypress,Texas 77429 #80715 Phone: 281-351-2402 Toll Free: 800-392-9909 05/22/2018 !PLA—CQ RENb„Y Fax: 281-351-2493 TA-04113-18 Rev 2 City of Corpus Christi- Ben Garza Park City of Corpus Christi Ship To Zip: 78408 Attn: Jose Hernandez 5352 Ayers Building 94 Corpus Christi,TX 78415 Phone: 361-826-3986 Quantity Part# Description Unit Price Amount 1 RDU Game Time -TA-04113-18-1A1 PS16028 $28,942.00 $28,942.00 "Loop Around" 5-12 Unit 1 PIP25589 GT-Impax- 1,200 Sq.Ft.Pour In Place $22,137.50 $22,137.50 Surfacing- Price includes a$3,465.00 discount and freight to Corpus Christi, TX 50%Black/50%Standard EPDM Color- Aromatic Binder PREVAILING Davis Bacon Wages 3"System depth to accommodate 6'CFH INSTALLATION SCHEDULE TO BE DETERMINED BY WEATHER CONDITIONS ALLOWING FOR PROPER MATERIAL SET UP AND CURING. QUOTE DOES NOT INCLUDE ANY TENTING OR ARTIFICIAL HEATING Assumes Good Access,No Design,& Sub Base/Site Prep by Others (Quoted separately in this quote) Security&Dumpster Not Included-Should provision of either be required, additional charges will apply. 1 178749 Game Time -Owner's Kit $53.00 $53.00 Page 1 of 2 TA-04113-18 Rev 2 City of Corpus Christi - Ben Garza Park QUOTE #80715 05/22/2018 Quantity Part# Descn'ption Unit Pfice Amount 1 INSTALL Game Time-Installation- $27,427.87 $27,427.87 Installation scope(to be performed bX BarCon includes the following items ONLY. 1. GameTime Equipment listed on this quote 2. One(1)Site Sign with CDBG Sign requirements included(as specified in bid documentation) 3. Excavation, Grading, & Spoil Removal for surfacing 4. Reinforced Concrete Slab with Ribbon Curbs No other site work, demolition or concrete work included. Rubber surfacing installation to be provided separately, cost is included in surfacing price line item. Acquisition of any and all permits is the sole responsibility of the customer. Standard installation does not include any extra or additional machinery, drillers, etc., for rock excavation. If rock conditions are encountered, additional charges will apply. Wages will be be Davis Bacon 1 BONDS Game Time -Bonds $1,111.49 $1,111.49 Pricing is per USC Contract#2017001134 Installer to meet truck and unload.Freight Calculated to: SubTotal: $79,671.86 Discount: ($6,946.08) Ben Garza Park Freight: $1,368.19 1815 Howard Total Amount: $74,093.97 Corpus Christi,TX 78408 Page 2 of 2 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE 4. Contractor must not commence work under this contract until all insurance A required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until al' similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured, during and until completion of the work, on the General liability and (2) 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. Additional insured status for ongoing and completed operations will be provided by subcontractor performing installation. 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 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 S. Independent Contractors Page 4 of 17 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit ). Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment 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. Ill. 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 D--- 9 nF 17 admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- V11. 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. Sox 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, as additional insureds by endorsement with regard to ongoing 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. DI. 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 C..-._ 1 -8 r? 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 payments) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in anyway the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Valid Through 12131/2018 006116 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 1201 Leopard Street 4t" Floor Surety is a corporation organized and existing 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: Playground Telephone(main number): Equipment and Installation for Ben Garza Park No. 1718 Telephone (fornotice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price:$74,093.97 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) The address of the surety company to which any Said Principal and Surety have signed and sealed notice of claim should be sent may be obtained 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 Playground Equipment and Installation 006116-1 for Ben Garza Park No, 1718 Rev.01--13-2016 Page 1 of 2 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 vaid;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 Playground Equipment and Installation for Rev.01-13-2016 Ben Garza Park No. 1718 Page 2 of 2 ATTACHMENT D: WARRANTY REQUIREMENTS Will require 90-day Warranty on Workmanship. One year manufacture warranty on material. Page 8 of 17 �nsn ATTACHMENT E: 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 FRA 0 Access to Records and Record Retention FRA 1 Clean Air and Water Pollution Control FRA 2 Energy Conservation Requirements FRA3 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FRA4 Lobbying and Influencing Federal Employees FRA 5 Economic Opportunities for Low and Very-Low Income Persons FR-16 Affirmative Action Regulations and Plan FR-17 Women and Minority Owned Businesses (MIWBE) FR-18 Accessibility Section 504 Compliance FRA 9 Texas Architectural Barriers Act FR-20 rug Free Workplace Requirements FR-21 Field Requirements I 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 46 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(i)(2) Page 3 of 46 FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY- Executive Order 11246 as amended 41 CFR PART 60-1.4(b1 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 EO 11375 of Oct 13, Page 4 of 46 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 t1leir 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 46 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 speck 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 Compliance Programs office or from Federal Page 6 of 46 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. £. 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,orwhen 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 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. Page 7 of 46 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. L 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 effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and Page 8 of 46 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 cavy 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 46 FEDERAL REQUIREMENTS: FR-05 COPELAND "ANTI-KICKBACK" ACT— 18 U.S.C. 874140 U.S.C. 276c 129 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 46 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: hUI2://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 (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. Page 11 of 46 (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 Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. Page 12 of 46 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. (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 Page 13 of 46 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 joumeyman 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 Page 14 of 46 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 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 Page 15 of 46 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 46 36021MV "Fr-'J1ww'xv+dd 9avJ'wcWJ!;"07*1w.�stAconJLX3' dvG?1=0 General Decision Number: TX170031 01/05/2917 TX31 Superseded General Decision Number: TX2016e031 State: Texas [onsTructlon Type: Hcavy Counties: Nueces and San Patricio Counties In Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and water Line Construction and Drainage Projects) Note: Under Executive Order (EO) 13658, a--ti hourly minimum wage Of $10.Z6 for calendar year 2817 applies to all contracts subject to the Davis-Baron Act for which the contract is a.rarded (and any solicitation was issued) on or after January 1, 2815. Tf this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wake determination At least $10,28 per hour (ar The applicable wage rate listed on this wage determination, if it is higher) tar all hours spent pertorming oo the contract in calendar year 2017. The EO mini=m wage rate will Ge adjusted Annually. Additional information on contractor requirements and worker protections under the EO is available at kww.dol.gov/whd/govcontracts. e-odification Number Publication Bate e 62/06/2817 SUTX1927-eel 12/ei/1487 Rates Fringes CARPENTER (Excluding Form 5etxJng) . . . . . . . . . . .. . . . . . . . . . . . .x 9.65 Concrete Finisher. . . . . . . . . . . . . . . . 7.51 ELECTRICIAN. . . . . .. . .. . . . . . .. . . . . . 13. 37 2.58 aborersc Cotroon. . . .. . .. .. . . . . . . . . . ..i; 7.25 Utility. . . .. .. .. . . . . . . . . . . ..S 7.68 Po %-r equipment operators: Sackhoe. . . . . .. .. . .. . .. . . .. . .$ 9.21 Motor Grader. . _ . . . .... . . . ..c� s.72 ----------------------------------------------------------- WELDERS - Receive rate prescribed for craft perfor-ling operation to rhicts welding is incadentai _ -..--------t+rza aaa=====�o3zzssYs date: Executive Order {EO) 13766, Establishing Paid Sick Leave for Federal Contractors applies to all c❑nmracts subject to the Davis-Bacon Act fv7 which the contract is awarded (and any solicitation was lssugd) on or after January 1, 2817. if this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their F�s�1wv��.r��_o1 gorA►cldligz�davlsbacart'i?C3i.clrbir�d Page 17 of 46 3.2111cl1 frr;ra�4v�w:n:`c:{ vlw IrzLaS�w:l�ir:4.baraa.X3' L"rb7.r0 OW illness, injury or other health-related n(-ods, including preventive ca-c; to assist a family m_sber (or persnn w:1-a is like family rc the employee) who is ill, =nia-•ed, or has other health related epds, nclR:ding prove-tive ca-e; or fcr reaSOWi resulting frog, or to assist 3 -Family member (or person'. who is like family to the employer) who is a victiin cf, domeslic violence, sexual assault, or stalking. Additional trforrration on centr•actur require"ents and wcrker protortions under the EQ is available at -rrr,r,;.drrl.govfwhd/poveor.t-arts. Unlisted c3assifir.at'1nns riecaded far- work tar included withir tf•e fcapc of the c1s--aifir.-vr1nn5 lltktrd nny be added after award only as provided in the labor' stand.rr s contract clauses The body of each Frage determination lists the classification and wage rakes that have been -Fouad to be pr•eLalling for the cited tYP£(5) ori• construction in the area cavfre.: by the gage determination. 'rhe C14-K51ficaticns are listed in al.phabetica: order or "identifiers" that inrlirate wrether the particular• rare i; a union rate (current union negntiateij rate for local' a survey rate (weiChted average rate; or a rrrinn average rate. . (weighted union average rite) . Union Rate identifiers A Four letter cla,sification abbreviation identifier enclosed in dotted lines beginning with characters otner than "5U- cr "UAVG" denotes that the U-1091 classificetion and rate were prevailing for that classification in ite survey. Example: PLUM019H R05 F17/81/2024. PLUM is an abbreviation identifier of 'Cite union wnicn, prevaliec xn the survey tar, tlrl,s classification, which in this exanpls would be Plunber•s. 0398 indicates the locals union number or district council number where applicable, ?.e., Plumbers Local e19F1. the next rucber, 005 in the ex=plre, is an internal number used in rroressing the wage deterr. ration. $7/02/2e24 is the effective date of th-- must cur•rert *negotiated rate, whlrh in this example is July 1, 2014_ union prevailing tiage rates are updated to rete l ec" a.l 3 vALe changes in the C011Octive bargaining agr-eenEnt (LLA) Fuser ning this classification and rate. Survey Rete Ider:tifiers Classificat=ons listed'' under 'th+` "SFJ" identifier indicate that no o-te rtitu rrevayled for this classificatien in the survey and the publi,hed rate is derived by computirvS .a weighted average rate based on all the rates reported in the survey fur• that ciassi=:cation. As this weighted average rate includes all rates reported in the survey, it, may include both ur:;oz and non union rates. Example: 5uLA20t7.-00! 5113/7.024. 511 indicates 4he rates are survey rates based on a weighted average caliulat;an c-F rates and are not -wajority rates. LA indicates the state of Louisiana. 2012 is the year of survey on which these classi-FEcations and rates are based. The next nu=ber, 007 in the example, is an Internal number used in producing the wage determiratior_ 5/13/201& 1-nd'cates the survey carnpletior dare for the classifications and rates und- - that identifier. ttir,-e"+waw.OYdd,ga:yvoctisra:c..lLTrlsflacorf'FX.M'-'Vb?\wD Page 18 of 46 3121.29t7 nflpsXrvww l. ,vl+rdd;SCahlesk]a,isbaccnq-X01.dvG71: o Survey wage rates are nut updated and recLain in effect until a new survey is conducted. Union Average Rate Ide-tiflers Classifications) listed under the UA$1G identi-Fier indicate that no single rajarity rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. L WIPLE- UALVG-OH-0019 e8/29l2914. UAV6 indicates that the rate is a weighted u-,iar average rate. OH indicates the state. The next numbe~, 0018 it the example, is an internal numbe-~ used in producing the wage determination. 08/29/2014 indicates the survey completion date For the clasSlficatlugts and rates under that identifier. A UA%fG rate will be updated once a year, usually in January of mach year, to reflect a weighted average of the current negotlatod/C8A rate of U--e union locals +ram which the rate is based. -------------------------------------------------------------- WAGE DETERMINATION APPEA: 5 PROCESS 1.) Has there been an initial decision in the aatter7 this ca- be: • an existing publ.is'Lied wage determiration • a survey underlying a wage determir.atian * a Wage and Hour Division :letter setting forth a position on a wage dettrmination matter • a conformance (addltional classification and rate) ruling An survey related matters, initial contact, including requests for summaries of su.-veys, should be .41.0 the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-BaCon survey progra-ei. if the response frQa this initial contact is net satisfactory, then the process described in 2-) and 3.) should be followed. With rogard to any other matter not yet ripe for the fcrnal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to, Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of labor 290 constitution Avenue, N.W. Washington, DC 28210 2.) if the answer to the question in, 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the wage and Hour Ad 1 ni5tratD- (5ee 29 CFR Part 1.8 and 29 CFR Part 7). write to: Wage and Flour Adainlstrator U.S. Department of Labor 20e Constitution Avenue, N.W. washing-ton, DC 2021a The request should be accompanied by a full statement of the interested party's position and by any infamation (wage h9mjtwwwwdad.cu.*.' .chr.71r-0 Page 19 of 46 Y�M]17 W.15,WW w +Jl 7,'lkt f5c�fie�s zrist:3c +T 3i vb'�r=D paYnent data, project description, area practice material, etc.) that the requestor considers relevart to the issue, 3. ) if the decisian of the Adainktrator is nut favorable, an intereslod party may appeal directly to the AdMistrative Review Hoard (formerly the Wage Appeals Board) . Write to: Administrative Review Boar(I U& Department of Labor 200 Constitution Avenue, NX w5hinfon, DG 20210 4. ) All decisions by the AdTibstrative Review ooard are final. END OF GENERAL DECISION Page M 5 46 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 sea. 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 950/5100-6d Page 21 of 46 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. 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. Page 22 of 46 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, 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. Page 23 of 46 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 projectiprogram. 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 ill. 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. PHAs11HAs are to report all contracts/subcontracts. *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 Page 24 of 46 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 25 of 46 Contract and Subcontract Activity U.S. Department or Housing and Urban Development OMB Approval No.: 2535-0117 (exp. 12/31!2006) Public Reporting burden for this collection of information Is estimated to average .50 hours per response, including the time for reviewing instmetions. searching existing data sources, gathering and maintaining the data needed, and compking and reviewing the collection of information. This inlbnnation is voluntary. HUD may not collect this Information, and you are not required 10 complete this font, unless It displays a currently valid OMB Control Number. Executive Order 12421 dated July 14, 1983, directs the Minority Business Development ?tans shalt be developed by each Federal Agency and that these annual plans shall establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the Taal program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise carrcemmg Minority Business Development. if the information is not collected HUD would not he able to establish meaningful MBE goals not evaluate MBE performance against these goals. While no assurances of confidentiality is pledged to respondents. HUD generally disclosed this data only in response to a Freedom of Information request. Privacy Act Notice - The United Stales Depanment ori ousing and Urban Development. federal Housing Administration, is authorized to solicit the information requested in this fon by virtue ofTilk 12, Untied States Code, Section 1701 et seq., and regulations promulgated there under at Title 12, Code of Federal regulations. It will not be disclosed or released outside the United Slates Department of Housing and Urban Development without your consent, except as required or permitted bylaw, I. Gmntee/Prgject Owner/Developer/Sponsor/Builder/40g City of Corpus Christi 3a. Nasne of Contact Person Check if; PHA c IHA c 2. Location (City, State, ZIP Code) 1201 Leopard S1., Corpus Christi, TX 78401 tiny Uei taacourt, CI) Administrator GranIJPrgjecl Number or HUD Case Number or other identification ofpropeny, subdivision, dwelling unit, etc. Prnjeet Name 7a. I= New Construction 2= Education/training CPA: 6= HUD -Held 3= Other form 1IUD-2516 (8/98) Amount or Contractor Subcontract 7b. 'type of Trade Code (Sec below) 7c. 3b. Phone Number (Including Area Codc) 361.88U-3017 4. Reporting Period o Oct.1— to Sept. 30, (Annual -FY) Contractor or Subcontractor Business RuciaUEtltnic Code (See below) 7d. 1= New Construction 2= Substantial Rehab. 7c: Type ofTrade Code, 'lousing/Public Housing: (Management) 3= Repair 4= Service 5=Project Mang. Woman Owned Business (Yes or No.) 7e. 6= Professional 7= Tenant Services Prime Connector Identification (ID) Number 8= Education/Training 9= Arch/Engrg. Appraisal 0= Other 7r. Sec. 3 Contr 7g. Subcontractor identification (ID) Number 7h. I= While Americans 2= Black Americans Id : Racial/Ethnic Codes: 3= Native Americans 4= Hispanic Americans 5= Aslan/Pacific Americans 6= Hasidic Jews 5. Program Code (Not applicable for CPD programs.) 0 Sec explanation of codes at bottom of page, Use a separate sheet for each program code. Scc. 3 Sub. 7i. 6. Date Submitted to Field Office October I Contracior/Subcontractor Name and Address 7j. Name Street City Stain Zip E� All insured, including Section 8 5=Section 202 2= Flexible Subsidy 5. Program Codes (Complete for Housing and Public and Indian Housing programs only): 3= Section 8 Noninsured. Non-HFDA 7— Public/Indian Housing 4= Insured (Management) Section 3 Summary Report U.S,Department of Housing OMB Approval No 2529-0043 Economic Opportunities for and Urban Development (exp 1113012010) Low—and Very Law-Income Persons Office of Fair Housing And Equal Opportunity HUD Field Office:Section bank of page far Public Reporting Burden statement HUD field Office: 1 Recipient Name d Addrn s Isa.r,t;,city.slate.zip? 2 Federal Identicstiai' (grant eZ j 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 rasa 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 Hues Hires that are of Staff Flours of New Hvm far Section 3 Employees Trainees Sec 3 Residents that am See 3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other List 'total Program Codes 3=PubkAndian Housing 4=Homeless Assistance B=CDBG State Administered 1 a Flealble Subsidy A=Development 5=HOME 9=Other CD Programs 2=Sectlan 2021811 8=Operatieri 6=HOME State Administered 10•Other Housing Programs Page 1 of 2 form HUD 60=(6/2001) Ref 24 CFR 135 Page 27 of 46 Part II: Contracts Awarded 1. Constriction Contracts. A. Total dollar amount of all contracts awarded on the pmJect $ 8 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 contravts 2. Nan-Construction Contracts. A Total dollar amount all non-consiruction contracts awarded on the pro.cctlactivity 5 B Total dollar amount of non-construction contracts award-2d to Section 3 busincsse s g C Percentage of the total dollar amount that was awarded to section 3 businessE s % D Total number of Section 3 businesses receiving non-conttrudion 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 prom nently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolilan 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.1701u 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 1592. 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 HUE)60o02(112010' Ref 24 CFR 135 Page 28 of 46 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 99 CFR Part 18.36(i)(8) Page 29 of 46 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 contractorwhich 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 48 CFR Part 18.36N Page 30 of 46 FEDERAL REQUIREMENTS: FRA 1 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(i) (12) & Section 306 of the Clean Air Act& Section 508 of the Clean Wafer Act Page 31 of 46 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 48 CFR Part 18.36&Public Law 94-163 Page 32 o6 46 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 5900.38C Page 33 of 46 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 34 of 46 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 35 of 46 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. 1701 u (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 section Page 36 of 46 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. (1)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 37 of 46 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. Poge 38 of 46 FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES (MIWBE) 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 perfonnance of this project. Page 39 of 46 -w _ !.ti ' L n : - [IF * i1 s iff i l - m 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 41 of 46 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 42 of 46 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 Proiect 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 43 of 46 CDBG PROJECT SIGN 8' Now Red PROJECT NAME Background Project Address White Letters CITY OF CORPUS CHRISTI White Community Development Block Grant (CDBG) Background U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Black (HUD) Letters CDBG FUNDS: $ Total Pro'ect Cost: $ Contractor.- Blue Background • - Number-, White Letters 4' _. i ,8- 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%" plywood. Sign should be posted at a minimum of than 3' 6" high from ground level. ?age 44 of 46 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 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 #1 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 for 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. 11246 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, relig'an, 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 45 of 46 AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF Personalty appeared before me, the undersigned authority in and for said State and County, (NamotTitle)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 conjunction with work done,or tabor, materials,equipment or services furnished by Contractor under contract with the City of Corpus Christi 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. The above statements are made by (Name)of individually and on behalf of the Contractor (Name of Company) (Name and Title) (Company Name) Sworn to and subscribed before me on (Date)_ Notary Public State of Texas Commission Expires END OF FEDERAL REQUIREMENTS Poge 46 of 46 SC G° a h U arrvoaa�eo 1852 Service Agreement No. 1719 Playground Equipment and Installation for Moody Park THIS Playground Equipment and Installation for Moody Park Service Agreement ("Agreement") is entered into by and between GameTime by Total Recreation Products, Inc. ("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 Playground Equipment and Installation for Moody Park; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will deliver and install playground equipment for Moody 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 $74,093.97, 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 during and until completion of the work. Additional insured status for ongoing and completed operations will be provided by Subcontractor performing installation. 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 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. Page 2 of 6 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. 15.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. 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 Page 3 of 6 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 Address: 1201 Leopard Street 3rd Floor City, State, Zip: Corpus Christi, Texas 78401 Phone: (361) 826-3483 Fax: (361) 826-3174 IF TO CONTRACTOR: Name: GameTime by Total Recreation Products, Inc. Contact Person: Jason Marbach Address: 17802 Grant Road City, State, Zip: Cypress, Texas 77429 Phone: (281) 351 -2402 Fax: (281) 351 -2493 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. Page 4 of 6 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 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 Name: Title: RLF,5;P& Date: %�=��� 4e e CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Page 6 of 6 �s ATTACHMENT A: SCOPE OF WORK '1852 SCOPE OF WORK: Scope of Work Company will Provide equipment and installation on selected Playground and Pour in Place fall zone at the following Park 1 ) Installation of Playground will include: • Line Location • Grading for base installation for pour in place surfacing. • Installation of Playground per manufactures instructions. 2) Installation of a 1200 SF concrete slab at 4" thick including: • All material and work to complete forming for concrete slab. • All materials and work to complete reinforcing with wire mesh. • All material and work to complete placement and finish of concrete. • All materials and work to complete clean up. 3) Installation of 1200 SF at required depth per fall height of one pour in place rubber pad including. • All material and work to complete mixing of bonding agent and rubber surfacing. • All material and work to complete placement of pour in place rubber pad. • All material and work to complete clean up. 4) Be aware of surroundings in Park. 5) Contractor will contact Administrator for Scheduling. 6) All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. 7) One CDBG Project Site Sign Page 2 of 16 nrr% ATTACHMENT B: QUOTE/PRICING SCHEDULE C, by Total Recreation Products,Inc. QUOTE ne GalI 17802 Grant Road Cypress,Texas 77429 #80716 Phone: 281-351-2402 Toll Free: 800-392-9909 05/22/2018 + PL4YCORE Gu-nnamF Fax: 281-351-2493 TA-04112-18 Rev 2 City of Corpus Christi- Moody Park City of Corpus Christi Ship To Zip: 78416 Attn: Jose Hernandez 5352 Ayers Building 94 Corpus Christi,TX 78415 Phone: 361-826-3986 Quantity Part# Description Unit Price Amount 1 RDU Game Time -TA-04112-18-1A1 PS16028 $28,942.00 $28,942.00 "Loop Around" 5-12 Unit 1 PIP25588 GT-Impax- 1,200 Sq.Ft.Pour In Place $22,137.50 $22,137.50 Surfacing- Price includes a$3,465.00 discount and freight to Corpus Christi, TX 50%Black/50%Standard EPDM Color- Aromatic Binder PREVAILING Davis Bacon Wages 3"System depth to accommodate 6'CFH INSTALLATION SCHEDULE TO BE DETERMINED BY WEATHER CONDITIONS ALLOWING FOR PROPER MATERIAL SET UP AND CURING. QUOTE DOES NOT INCLUDE ANY TENTING OR ARTIFICIAL HEATING Assumes Good Access,No Design,& Sub Base/Site Prep by Others (Quoted separately in this quote) Security&Dumpster Not Included-Should provision of either be required, additional charges will apply. 1 178749 Game Time -Owner's Kit $53.00 $53.00 Page 1 of 2 TA-04112-18 Rev 2 City of Corpus Christi- Moody Park QUOTE #80716 05/22/2018 Quantity Part# Descn'ption Unit Pfice Amount 1 INSTALL Game Time-Installation- $27,427.87 $27,427.87 Installation scope(to be performed bX BarCon includes the following items ONLY. 1. GameTime Equipment listed on this quote 2. One(1)Site Sign with CDBG Sign requirements included(as specified in bid documentation) 3. Excavation, Grading, & Spoil Removal for surfacing 4. Reinforced Concrete Slab with Ribbon Curbs No other site work, demolition or concrete work included. Rubber surfacing installation to be provided separately, cost is included in surfacing price line item. Acquisition of any and all permits is the sole responsibility of the customer. Standard installation does not include any extra or additional machinery, drillers, etc., for rock excavation. If rock conditions are encountered, additional charges will apply. Wages will be be Davis Bacon 1 BONDS Game Time -Bonds $1,111.49 $1,111.49 Pricing is per USC Contract#2017001134 Installer to meet truck and unload.Freight Calculated to: SubTotal: $79,671.86 Discount: ($6,946.08) Moody Park Freight: $1,368.19 4600 Castenon Total Amount: $74,093.97 Corpus Christi,TX 78416 Page 2 of 2 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE 4. Contractor must not commence work under this contract until all insurance A required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until al' similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured, during and until completion of the work, on the General liability and (2) 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. Additional insured status for ongoing and completed operations will be provided by subcontractor performing installation. 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 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 S. Independent Contractors Page 4 of 17 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit ). Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment 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. Ill. 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 D--- 9 nF 17 admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- V11. 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. Sox 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, as additional insureds by endorsement with regard to ongoing 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. DI. 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 C..-._ 1 -8 r? 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 payments) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in anyway the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Valid Through 12131/2018 006116 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 1201 Leopard Street 4t" Floor Surety is a corporation organized and existing 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: Playground Telephone(main number): Equipment and Installation for Moody Park No. 1719 Telephone (fornotice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price:$74,093.97 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) The address of the surety company to which any Said Principal and Surety have signed and sealed notice of claim should be sent may be obtained 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 Playground Equipment and Installation 006116-1 for Moody Park No. 1719 Rev.01--13-2016 Page 1 of 2 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 PowerofAttorney and place suretyseal below) END OF SECTION Payment Bond Form 00 61 16—1 Playground Equipment and Installation Rev.01-13-2016 for Moody Park No. 1719 Page 2 of 2 ATTACHMENT D: WARRANTY REQUIREMENTS Will require 90-day Warranty on Workmanship. One year manufacture warranty on material. Page 8 of 17 �nsn ATTACHMENT E: 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 FRA 0 Access to Records and Record Retention FRA 1 Clean Air and Water Pollution Control FRA 2 Energy Conservation Requirements FRA3 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FRA4 Lobbying and Influencing Federal Employees FRA 5 Economic Opportunities for Low and Very-Low Income Persons FR-16 Affirmative Action Regulations and Plan FR-17 Women and Minority Owned Businesses (MIWBE) FR-18 Accessibility Section 504 Compliance FRA 9 Texas Architectural Barriers Act FR-20 rug Free Workplace Requirements FR-21 Field Requirements I 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 46 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(i)(2) Page 3 of 46 FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY- Executive Order 11246 as amended 41 CFR PART 60-1.4(b1 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 EO 11375 of Oct 13, Page 4 of 46 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 t1leir 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 46 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 speck 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 Compliance Programs office or from Federal Page 6 of 46 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. £. 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,orwhen 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 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. Page 7 of 46 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. L 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 effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and Page 8 of 46 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 cavy 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 46 FEDERAL REQUIREMENTS: FR-05 COPELAND "ANTI-KICKBACK" ACT— 18 U.S.C. 874140 U.S.C. 276c 129 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 46 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: hUI2://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 (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. Page 11 of 46 (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 Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. Page 12 of 46 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. (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 Page 13 of 46 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 joumeyman 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 Page 14 of 46 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 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 Page 15 of 46 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 46 36021MV "Fr-'J1ww'xv+dd 9avJ'wcWJ!;"07*1w.�stAconJLX3' dvG?1=0 General Decision Number: TX170031 01/05/2917 TX31 Superseded General Decision Number: TX2016e031 State: Texas [onsTructlon Type: Hcavy Counties: Nueces and San Patricio Counties In Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and water Line Construction and Drainage Projects) Note: Under Executive Order (EO) 13658, a--ti hourly minimum wage Of $10.Z6 for calendar year 2817 applies to all contracts subject to the Davis-Baron Act for which the contract is a.rarded (and any solicitation was issued) on or after January 1, 2815. Tf this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wake determination At least $10,28 per hour (ar The applicable wage rate listed on this wage determination, if it is higher) tar all hours spent pertorming oo the contract in calendar year 2017. The EO mini=m wage rate will Ge adjusted Annually. Additional information on contractor requirements and worker protections under the EO is available at kww.dol.gov/whd/govcontracts. e-odification Number Publication Bate e 62/06/2817 SUTX1927-eel 12/ei/1487 Rates Fringes CARPENTER (Excluding Form 5etxJng) . . . . . . . . . . .. . . . . . . . . . . . .x 9.65 Concrete Finisher. . . . . . . . . . . . . . . . 7.51 ELECTRICIAN. . . . . .. . .. . . . . . .. . . . . . 13. 37 2.58 aborersc Cotroon. . . .. . .. .. . . . . . . . . . ..i; 7.25 Utility. . . .. .. .. . . . . . . . . . . ..S 7.68 Po %-r equipment operators: Sackhoe. . . . . .. .. . .. . .. . . .. . .$ 9.21 Motor Grader. . _ . . . .... . . . ..c� s.72 ----------------------------------------------------------- WELDERS - Receive rate prescribed for craft perfor-ling operation to rhicts welding is incadentai _ -..--------t+rza aaa=====�o3zzssYs date: Executive Order {EO) 13766, Establishing Paid Sick Leave for Federal Contractors applies to all c❑nmracts subject to the Davis-Bacon Act fv7 which the contract is awarded (and any solicitation was lssugd) on or after January 1, 2817. if this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their F�s�1wv��.r��_o1 gorA►cldligz�davlsbacart'i?C3i.clrbir�d Page 17 of 46 3.2111cl1 frr;ra�4v�w:n:`c:{ vlw IrzLaS�w:l�ir:4.baraa.X3' L"rb7.r0 OW illness, injury or other health-related n(-ods, including preventive ca-c; to assist a family m_sber (or persnn w:1-a is like family rc the employee) who is ill, =nia-•ed, or has other health related epds, nclR:ding prove-tive ca-e; or fcr reaSOWi resulting frog, or to assist 3 -Family member (or person'. who is like family to the employer) who is a victiin cf, domeslic violence, sexual assault, or stalking. Additional trforrration on centr•actur require"ents and wcrker protortions under the EQ is available at -rrr,r,;.drrl.govfwhd/poveor.t-arts. Unlisted c3assifir.at'1nns riecaded far- work tar included withir tf•e fcapc of the c1s--aifir.-vr1nn5 lltktrd nny be added after award only as provided in the labor' stand.rr s contract clauses The body of each Frage determination lists the classification and wage rakes that have been -Fouad to be pr•eLalling for the cited tYP£(5) ori• construction in the area cavfre.: by the gage determination. 'rhe C14-K51ficaticns are listed in al.phabetica: order or "identifiers" that inrlirate wrether the particular• rare i; a union rate (current union negntiateij rate for local' a survey rate (weiChted average rate; or a rrrinn average rate. . (weighted union average rite) . Union Rate identifiers A Four letter cla,sification abbreviation identifier enclosed in dotted lines beginning with characters otner than "5U- cr "UAVG" denotes that the U-1091 classificetion and rate were prevailing for that classification in ite survey. Example: PLUM019H R05 F17/81/2024. PLUM is an abbreviation identifier of 'Cite union wnicn, prevaliec xn the survey tar, tlrl,s classification, which in this exanpls would be Plunber•s. 0398 indicates the locals union number or district council number where applicable, ?.e., Plumbers Local e19F1. the next rucber, 005 in the ex=plre, is an internal number used in rroressing the wage deterr. ration. $7/02/2e24 is the effective date of th-- must cur•rert *negotiated rate, whlrh in this example is July 1, 2014_ union prevailing tiage rates are updated to rete l ec" a.l 3 vALe changes in the C011Octive bargaining agr-eenEnt (LLA) Fuser ning this classification and rate. Survey Rete Ider:tifiers Classificat=ons listed'' under 'th+` "SFJ" identifier indicate that no o-te rtitu rrevayled for this classificatien in the survey and the publi,hed rate is derived by computirvS .a weighted average rate based on all the rates reported in the survey fur• that ciassi=:cation. As this weighted average rate includes all rates reported in the survey, it, may include both ur:;oz and non union rates. Example: 5uLA20t7.-00! 5113/7.024. 511 indicates 4he rates are survey rates based on a weighted average caliulat;an c-F rates and are not -wajority rates. LA indicates the state of Louisiana. 2012 is the year of survey on which these classi-FEcations and rates are based. The next nu=ber, 007 in the example, is an Internal number used in producing the wage determiratior_ 5/13/201& 1-nd'cates the survey carnpletior dare for the classifications and rates und- - that identifier. ttir,-e"+waw.OYdd,ga:yvoctisra:c..lLTrlsflacorf'FX.M'-'Vb?\wD Page 18 of 46 3121.29t7 nflpsXrvww l. ,vl+rdd;SCahlesk]a,isbaccnq-X01.dvG71: o Survey wage rates are nut updated and recLain in effect until a new survey is conducted. Union Average Rate Ide-tiflers Classifications) listed under the UA$1G identi-Fier indicate that no single rajarity rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. L WIPLE- UALVG-OH-0019 e8/29l2914. UAV6 indicates that the rate is a weighted u-,iar average rate. OH indicates the state. The next numbe~, 0018 it the example, is an internal numbe-~ used in producing the wage determination. 08/29/2014 indicates the survey completion date For the clasSlficatlugts and rates under that identifier. A UA%fG rate will be updated once a year, usually in January of mach year, to reflect a weighted average of the current negotlatod/C8A rate of U--e union locals +ram which the rate is based. -------------------------------------------------------------- WAGE DETERMINATION APPEA: 5 PROCESS 1.) Has there been an initial decision in the aatter7 this ca- be: • an existing publ.is'Lied wage determiration • a survey underlying a wage determir.atian * a Wage and Hour Division :letter setting forth a position on a wage dettrmination matter • a conformance (addltional classification and rate) ruling An survey related matters, initial contact, including requests for summaries of su.-veys, should be .41.0 the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-BaCon survey progra-ei. if the response frQa this initial contact is net satisfactory, then the process described in 2-) and 3.) should be followed. With rogard to any other matter not yet ripe for the fcrnal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to, Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of labor 290 constitution Avenue, N.W. Washington, DC 28210 2.) if the answer to the question in, 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the wage and Hour Ad 1 ni5tratD- (5ee 29 CFR Part 1.8 and 29 CFR Part 7). write to: Wage and Flour Adainlstrator U.S. Department of Labor 20e Constitution Avenue, N.W. washing-ton, DC 2021a The request should be accompanied by a full statement of the interested party's position and by any infamation (wage h9mjtwwwwdad.cu.*.' .chr.71r-0 Page 19 of 46 Y�M]17 W.15,WW w +Jl 7,'lkt f5c�fie�s zrist:3c +T 3i vb'�r=D paYnent data, project description, area practice material, etc.) that the requestor considers relevart to the issue, 3. ) if the decisian of the Adainktrator is nut favorable, an intereslod party may appeal directly to the AdMistrative Review Hoard (formerly the Wage Appeals Board) . Write to: Administrative Review Boar(I U& Department of Labor 200 Constitution Avenue, NX w5hinfon, DG 20210 4. ) All decisions by the AdTibstrative Review ooard are final. END OF GENERAL DECISION Page M 5 46 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 sea. 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 950/5100-6d Page 21 of 46 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. 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. Page 22 of 46 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, 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. Page 23 of 46 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 projectiprogram. 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 ill. 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. PHAs11HAs are to report all contracts/subcontracts. *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 Page 24 of 46 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 25 of 46 Contract and Subcontract Activity U.S. Department or Housing and Urban Development OMB Approval No.: 2535-0117 (exp. 12/31!2006) Public Reporting burden for this collection of information Is estimated to average .50 hours per response, including the time for reviewing instmetions. searching existing data sources, gathering and maintaining the data needed, and compking and reviewing the collection of information. This inlbnnation is voluntary. HUD may not collect this Information, and you are not required 10 complete this font, unless It displays a currently valid OMB Control Number. Executive Order 12421 dated July 14, 1983, directs the Minority Business Development ?tans shalt be developed by each Federal Agency and that these annual plans shall establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the Taal program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise carrcemmg Minority Business Development. if the information is not collected HUD would not he able to establish meaningful MBE goals not evaluate MBE performance against these goals. While no assurances of confidentiality is pledged to respondents. HUD generally disclosed this data only in response to a Freedom of Information request. Privacy Act Notice - The United Stales Depanment ori ousing and Urban Development. federal Housing Administration, is authorized to solicit the information requested in this fon by virtue ofTilk 12, Untied States Code, Section 1701 et seq., and regulations promulgated there under at Title 12, Code of Federal regulations. It will not be disclosed or released outside the United Slates Department of Housing and Urban Development without your consent, except as required or permitted bylaw, I. Gmntee/Prgject Owner/Developer/Sponsor/Builder/40g City of Corpus Christi 3a. Nasne of Contact Person Check if; PHA c IHA c 2. Location (City, State, ZIP Code) 1201 Leopard S1., Corpus Christi, TX 78401 tiny Uei taacourt, CI) Administrator GranIJPrgjecl Number or HUD Case Number or other identification ofpropeny, subdivision, dwelling unit, etc. Prnjeet Name 7a. I= New Construction 2= Education/training CPA: 6= HUD -Held 3= Other form 1IUD-2516 (8/98) Amount or Contractor Subcontract 7b. 'type of Trade Code (Sec below) 7c. 3b. Phone Number (Including Area Codc) 361.88U-3017 4. Reporting Period o Oct.1— to Sept. 30, (Annual -FY) Contractor or Subcontractor Business RuciaUEtltnic Code (See below) 7d. 1= New Construction 2= Substantial Rehab. 7c: Type ofTrade Code, 'lousing/Public Housing: (Management) 3= Repair 4= Service 5=Project Mang. Woman Owned Business (Yes or No.) 7e. 6= Professional 7= Tenant Services Prime Connector Identification (ID) Number 8= Education/Training 9= Arch/Engrg. Appraisal 0= Other 7r. Sec. 3 Contr 7g. Subcontractor identification (ID) Number 7h. I= While Americans 2= Black Americans Id : Racial/Ethnic Codes: 3= Native Americans 4= Hispanic Americans 5= Aslan/Pacific Americans 6= Hasidic Jews 5. Program Code (Not applicable for CPD programs.) 0 Sec explanation of codes at bottom of page, Use a separate sheet for each program code. Scc. 3 Sub. 7i. 6. Date Submitted to Field Office October I Contracior/Subcontractor Name and Address 7j. Name Street City Stain Zip E� All insured, including Section 8 5=Section 202 2= Flexible Subsidy 5. Program Codes (Complete for Housing and Public and Indian Housing programs only): 3= Section 8 Noninsured. Non-HFDA 7— Public/Indian Housing 4= Insured (Management) Section 3 Summary Report U.S,Department of Housing OMB Approval No 2529-0043 Economic Opportunities for and Urban Development (exp 1113012010) Low—and Very Law-Income Persons Office of Fair Housing And Equal Opportunity HUD Field Office:Section bank of page far Public Reporting Burden statement HUD field Office: 1 Recipient Name d Addrn s Isa.r,t;,city.slate.zip? 2 Federal Identicstiai' (grant eZ j 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 rasa 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 Hues Hires that are of Staff Flours of New Hvm far Section 3 Employees Trainees Sec 3 Residents that am See 3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other List 'total Program Codes 3=PubkAndian Housing 4=Homeless Assistance B=CDBG State Administered 1 a Flealble Subsidy A=Development 5=HOME 9=Other CD Programs 2=Sectlan 2021811 8=Operatieri 6=HOME State Administered 10•Other Housing Programs Page 1 of 2 form HUD 60=(6/2001) Ref 24 CFR 135 Page 27 of 46 Part II: Contracts Awarded 1. Constriction Contracts. A. Total dollar amount of all contracts awarded on the pmJect $ 8 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 contravts 2. Nan-Construction Contracts. A Total dollar amount all non-consiruction contracts awarded on the pro.cctlactivity 5 B Total dollar amount of non-construction contracts award-2d to Section 3 busincsse s g C Percentage of the total dollar amount that was awarded to section 3 businessE s % D Total number of Section 3 businesses receiving non-conttrudion 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 prom nently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolilan 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.1701u 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 1592. 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 HUE)60o02(112010' Ref 24 CFR 135 Page 28 of 46 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 99 CFR Part 18.36(i)(8) Page 29 of 46 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 contractorwhich 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 48 CFR Part 18.36N Page 30 of 46 FEDERAL REQUIREMENTS: FRA 1 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(i) (12) & Section 306 of the Clean Air Act& Section 508 of the Clean Wafer Act Page 31 of 46 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 48 CFR Part 18.36&Public Law 94-163 Page 32 o6 46 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 5900.38C Page 33 of 46 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 34 of 46 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 35 of 46 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. 1701 u (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 section Page 36 of 46 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. (1)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 37 of 46 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. Poge 38 of 46 FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES (MIWBE) 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 perfonnance of this project. Page 39 of 46 -w _ !.ti ' L n : - [IF * i1 s iff i l - m 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 41 of 46 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 42 of 46 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 Proiect 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 43 of 46 CDBG PROJECT SIGN 8' Now Red PROJECT NAME Background Project Address White Letters CITY OF CORPUS CHRISTI White Community Development Block Grant (CDBG) Background U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Black (HUD) Letters CDBG FUNDS: $ Total Pro'ect Cost: $ Contractor.- Blue Background • - Number-, White Letters 4' _. i ,8- 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%" plywood. Sign should be posted at a minimum of than 3' 6" high from ground level. ?age 44 of 46 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 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 #1 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 for 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. 11246 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, relig'an, 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 45 of 46 AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF Personalty appeared before me, the undersigned authority in and for said State and County, (NamotTitle)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 conjunction with work done,or tabor, materials,equipment or services furnished by Contractor under contract with the City of Corpus Christi 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. The above statements are made by (Name)of individually and on behalf of the Contractor (Name of Company) (Name and Title) (Company Name) Sworn to and subscribed before me on (Date)_ Notary Public State of Texas Commission Expires END OF FEDERAL REQUIREMENTS Poge 46 of 46 SC G° a h U arrvoaa�eo 1852 Service Agreement No. 1720 Playground Equipment and Installation for South Bluff Park THIS Playground Equipment and Installation for South Bluff Park Service Agreement ("Agreement") is entered into by and between GameTime by Total Recreation Products, Inc. ("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 Playground Equipment and Installation for South Bluff Park; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will deliver and install playground equipment for South Bluff 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 $74,093.97, 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 during and until completion of the work. Additional insured status for ongoing and completed operations will be provided by Subcontractor performing installation. 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 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. Page 2 of 6 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. 15.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. 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 Page 3 of 6 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 Address: 1201 Leopard Street 3rd Floor City, State, Zip: Corpus Christi, Texas 78401 Phone: (361) 826-3483 Fax: (361) 826-3174 IF TO CONTRACTOR: Name: GameTime by Total Recreation Products, Inc. Contact Person: Jason Marbach Address: 17802 Grant Road City, State, Zip: Cypress, Texas 77429 Phone: (281) 351 -2402 Fax: (281) 351 -2493 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. Page 4 of 6 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 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 Name: Title: RLF,5;P& Date: %�=��� 4e e CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Page 6 of 6 �s ATTACHMENT A: SCOPE OF WORK '1852 SCOPE OF WORK: Scope of Work Company will Provide equipment and installation on selected Playground and Pour in Place fall zone at the following Park 1 ) Installation of Playground will include: • Line Location • Grading for base installation for pour in place surfacing. • Installation of Playground per manufactures instructions. 2) Installation of a 1200 SF concrete slab at 4" thick including: • All material and work to complete forming for concrete slab. • All materials and work to complete reinforcing with wire mesh. • All material and work to complete placement and finish of concrete. • All materials and work to complete clean up. 3) Installation of 1200 SF at required depth per fall height of one pour in place rubber pad including. • All material and work to complete mixing of bonding agent and rubber surfacing. • All material and work to complete placement of pour in place rubber pad. • All material and work to complete clean up. 4) Be aware of surroundings in Park. 5) Contractor will contact Administrator for Scheduling. 6) All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. 7) One CDBG Project Site Sign Page 2 of 16 nrr% ATTACHMENT B: QUOTE/PRICING SCHEDULE by Total Recreation Products,Inc. QUOTE �AOMOTIMG=), 17802 Grant Road Cypress,Texas 77429 #80684 Phone:281-351-2402 Toll Free: 800-392-9909 05-22.:2018 • LA ;ORE —P-f Fax: 281-351-2493 TA-04114-18 Rev 2 City of Corpus Christi-South Bluff Park City of Corpus Christi Ship To Zip: 78408 Attn: Jose Hernandez 5352 Ayers Building#4 Corpus Christi,TX 78415 Phone: 361-826-3986 Quantity Part# Description I RDU Game Time- TA-04114-18-1 A 1 PSI 602 8 S28,942.00 528,942.00 "Loop Around" 5-12 Unit t PIP25591 GT-Impax- 1,200 Sq.Ft. Pour In Place 522,137.50 S22,137.50 Surfacing- Priee includes a 53,465.00 discount and freight to Corpus Christi. TX 50"n Blac1J50%Standard EPDAI Color- Aromatic Binder PREVAILING Duch 1Jac011 11 age+ 3"S}°stem depth to accoininodate 6'CFII INSTALLATION SCHEDULE TO BE DETERMINED BY WEATHER CONDITIONS ALLOWING FOR PROPER MATERIAL SET UP AND CURING_ QUOTE DOES NOT INCLUDE ANY TENTING OR ARTIFICIAL HEATING Assumes Good Access,No Design,&Sub Base/Site Prep by Others (Quoted separately in this quote) .Security& Dunilwer lot Included-Ahrurld prop khm i f either be required, additional clrar�eti hill apply. 1 178749 Game Time-Owners Kit 553.00 S53.00 Page 1 of 2 TA-04114-18 Rev 2 City of Corpus Christi -South Bluff Park QUOTE #80684 0512212018 Quantity- I INSTALL Game Time- Installation- S27,427.87 527,427.87 Installation scope(to be perfnrnied by' Bar on includes thefollowirig items ONLY. 1. Gain eTime Equipment listed on this quote 2. One(1)Site Sign with CDBG Sign requirements inchrded(as specified in bid documentation) 3. Excavation, Grading, &Spoil Removal for sra facing 4_ Reinforced Concrete Slab with Ribbon Curbs No other site tis-ork, demolition or concrete work inchrded Rubber surfacing installation to be provided separately,cost is included in surfacing price line item. 1i qui%ition uf'anJ and all permitk A thv %rple reyrrm�ibili{r eq'rhe cur+Yrrtner. Standard installation does not include any extra or additional machinery,drillers, etc., for rock excavation. If rock conditions are encountered, additional charges will apply. Wages will be be Davis Bacon I BONDS GT-Impax-Bonds S1,111.49 S1,111.49 Pricing is per USC Contract#2017001134 Installer to meet truck and unload. Freight Calculated to-. SubTotal; 579,671.86 Discount. (56,946.08) South Bluff Park Freight: 51,368.19 500 Tanchua Total Amount: $74,093.97 Corpus Christi,TX 78408 Page 2 of 2 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE 4. Contractor must not commence work under this contract until all insurance A required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until al' similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured, during and until completion of the work, on the General liability and (2) 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. Additional insured status for ongoing and completed operations will be provided by subcontractor performing installation. 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 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 S. Independent Contractors Page 4 of 17 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit ). Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment 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. Ill. 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 D--- 9 nF 17 admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- V11. 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. Sox 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, as additional insureds by endorsement with regard to ongoing 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. DI. 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 C..-._ 1 -8 r? 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 payments) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in anyway the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Valid Through 12131/2018 006116 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 1201 Leopard Street 4t" Floor Surety is a corporation organized and existing 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: Playground Telephone(main number): Equipment and Installation for South Bluff Park No. 1720 Telephone (fornotice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price:$74,093.97 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) The address of the surety company to which any Said Principal and Surety have signed and sealed notice of claim should be sent may be obtained 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 Playground Equipment and Installation 006116-1 for South Bluff Park No, 1720 Rev.01--13-2016 Page 1 of 2 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 PowerofAttorney and place suretyseal below) END OF SECTION Payment Bond Form 00 61 16—1 Playground Equipment and Installation Rev.01-13-2016 for South Bluff Park No. 1720 Page 2 of 2 ATTACHMENT D: WARRANTY REQUIREMENTS Will require 90-day Warranty on Workmanship. One year manufacture warranty on material. Page 8 of 17 �nsn ATTACHMENT E: 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 FRA 0 Access to Records and Record Retention FRA 1 Clean Air and Water Pollution Control FRA 2 Energy Conservation Requirements FRA3 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FRA4 Lobbying and Influencing Federal Employees FRA 5 Economic Opportunities for Low and Very-Low Income Persons FR-16 Affirmative Action Regulations and Plan FR-17 Women and Minority Owned Businesses (MIWBE) FR-18 Accessibility Section 504 Compliance FRA 9 Texas Architectural Barriers Act FR-20 rug Free Workplace Requirements FR-21 Field Requirements I 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 46 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(i)(2) Page 3 of 46 FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY- Executive Order 11246 as amended 41 CFR PART 60-1.4(b1 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 EO 11375 of Oct 13, Page 4 of 46 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 t1leir 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 46 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 speck 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 Compliance Programs office or from Federal Page 6 of 46 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. £. 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,orwhen 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 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. Page 7 of 46 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. L 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 effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and Page 8 of 46 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 cavy 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 46 FEDERAL REQUIREMENTS: FR-05 COPELAND "ANTI-KICKBACK" ACT— 18 U.S.C. 874140 U.S.C. 276c 129 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 46 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: hUI2://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 (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. Page 11 of 46 (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 Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. Page 12 of 46 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. (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 Page 13 of 46 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 joumeyman 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 Page 14 of 46 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 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 Page 15 of 46 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 46 36021MV "Fr-'J1ww'xv+dd 9avJ'wcWJ!;"07*1w.�stAconJLX3' dvG?1=0 General Decision Number: TX170031 01/05/2917 TX31 Superseded General Decision Number: TX2016e031 State: Texas [onsTructlon Type: Hcavy Counties: Nueces and San Patricio Counties In Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and water Line Construction and Drainage Projects) Note: Under Executive Order (EO) 13658, a--ti hourly minimum wage Of $10.Z6 for calendar year 2817 applies to all contracts subject to the Davis-Baron Act for which the contract is a.rarded (and any solicitation was issued) on or after January 1, 2815. Tf this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wake determination At least $10,28 per hour (ar The applicable wage rate listed on this wage determination, if it is higher) tar all hours spent pertorming oo the contract in calendar year 2017. The EO mini=m wage rate will Ge adjusted Annually. Additional information on contractor requirements and worker protections under the EO is available at kww.dol.gov/whd/govcontracts. e-odification Number Publication Bate e 62/06/2817 SUTX1927-eel 12/ei/1487 Rates Fringes CARPENTER (Excluding Form 5etxJng) . . . . . . . . . . .. . . . . . . . . . . . .x 9.65 Concrete Finisher. . . . . . . . . . . . . . . . 7.51 ELECTRICIAN. . . . . .. . .. . . . . . .. . . . . . 13. 37 2.58 aborersc Cotroon. . . .. . .. .. . . . . . . . . . ..i; 7.25 Utility. . . .. .. .. . . . . . . . . . . ..S 7.68 Po %-r equipment operators: Sackhoe. . . . . .. .. . .. . .. . . .. . .$ 9.21 Motor Grader. . _ . . . .... . . . ..c� s.72 ----------------------------------------------------------- WELDERS - Receive rate prescribed for craft perfor-ling operation to rhicts welding is incadentai _ -..--------t+rza aaa=====�o3zzssYs date: Executive Order {EO) 13766, Establishing Paid Sick Leave for Federal Contractors applies to all c❑nmracts subject to the Davis-Bacon Act fv7 which the contract is awarded (and any solicitation was lssugd) on or after January 1, 2817. if this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their F�s�1wv��.r��_o1 gorA►cldligz�davlsbacart'i?C3i.clrbir�d Page 17 of 46 3.2111cl1 frr;ra�4v�w:n:`c:{ vlw IrzLaS�w:l�ir:4.baraa.X3' L"rb7.r0 OW illness, injury or other health-related n(-ods, including preventive ca-c; to assist a family m_sber (or persnn w:1-a is like family rc the employee) who is ill, =nia-•ed, or has other health related epds, nclR:ding prove-tive ca-e; or fcr reaSOWi resulting frog, or to assist 3 -Family member (or person'. who is like family to the employer) who is a victiin cf, domeslic violence, sexual assault, or stalking. Additional trforrration on centr•actur require"ents and wcrker protortions under the EQ is available at -rrr,r,;.drrl.govfwhd/poveor.t-arts. Unlisted c3assifir.at'1nns riecaded far- work tar included withir tf•e fcapc of the c1s--aifir.-vr1nn5 lltktrd nny be added after award only as provided in the labor' stand.rr s contract clauses The body of each Frage determination lists the classification and wage rakes that have been -Fouad to be pr•eLalling for the cited tYP£(5) ori• construction in the area cavfre.: by the gage determination. 'rhe C14-K51ficaticns are listed in al.phabetica: order or "identifiers" that inrlirate wrether the particular• rare i; a union rate (current union negntiateij rate for local' a survey rate (weiChted average rate; or a rrrinn average rate. . (weighted union average rite) . Union Rate identifiers A Four letter cla,sification abbreviation identifier enclosed in dotted lines beginning with characters otner than "5U- cr "UAVG" denotes that the U-1091 classificetion and rate were prevailing for that classification in ite survey. Example: PLUM019H R05 F17/81/2024. PLUM is an abbreviation identifier of 'Cite union wnicn, prevaliec xn the survey tar, tlrl,s classification, which in this exanpls would be Plunber•s. 0398 indicates the locals union number or district council number where applicable, ?.e., Plumbers Local e19F1. the next rucber, 005 in the ex=plre, is an internal number used in rroressing the wage deterr. ration. $7/02/2e24 is the effective date of th-- must cur•rert *negotiated rate, whlrh in this example is July 1, 2014_ union prevailing tiage rates are updated to rete l ec" a.l 3 vALe changes in the C011Octive bargaining agr-eenEnt (LLA) Fuser ning this classification and rate. Survey Rete Ider:tifiers Classificat=ons listed'' under 'th+` "SFJ" identifier indicate that no o-te rtitu rrevayled for this classificatien in the survey and the publi,hed rate is derived by computirvS .a weighted average rate based on all the rates reported in the survey fur• that ciassi=:cation. As this weighted average rate includes all rates reported in the survey, it, may include both ur:;oz and non union rates. Example: 5uLA20t7.-00! 5113/7.024. 511 indicates 4he rates are survey rates based on a weighted average caliulat;an c-F rates and are not -wajority rates. LA indicates the state of Louisiana. 2012 is the year of survey on which these classi-FEcations and rates are based. The next nu=ber, 007 in the example, is an Internal number used in producing the wage determiratior_ 5/13/201& 1-nd'cates the survey carnpletior dare for the classifications and rates und- - that identifier. ttir,-e"+waw.OYdd,ga:yvoctisra:c..lLTrlsflacorf'FX.M'-'Vb?\wD Page 18 of 46 3121.29t7 nflpsXrvww l. ,vl+rdd;SCahlesk]a,isbaccnq-X01.dvG71: o Survey wage rates are nut updated and recLain in effect until a new survey is conducted. Union Average Rate Ide-tiflers Classifications) listed under the UA$1G identi-Fier indicate that no single rajarity rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. L WIPLE- UALVG-OH-0019 e8/29l2914. UAV6 indicates that the rate is a weighted u-,iar average rate. OH indicates the state. The next numbe~, 0018 it the example, is an internal numbe-~ used in producing the wage determination. 08/29/2014 indicates the survey completion date For the clasSlficatlugts and rates under that identifier. A UA%fG rate will be updated once a year, usually in January of mach year, to reflect a weighted average of the current negotlatod/C8A rate of U--e union locals +ram which the rate is based. -------------------------------------------------------------- WAGE DETERMINATION APPEA: 5 PROCESS 1.) Has there been an initial decision in the aatter7 this ca- be: • an existing publ.is'Lied wage determiration • a survey underlying a wage determir.atian * a Wage and Hour Division :letter setting forth a position on a wage dettrmination matter • a conformance (addltional classification and rate) ruling An survey related matters, initial contact, including requests for summaries of su.-veys, should be .41.0 the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-BaCon survey progra-ei. if the response frQa this initial contact is net satisfactory, then the process described in 2-) and 3.) should be followed. With rogard to any other matter not yet ripe for the fcrnal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to, Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of labor 290 constitution Avenue, N.W. Washington, DC 28210 2.) if the answer to the question in, 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the wage and Hour Ad 1 ni5tratD- (5ee 29 CFR Part 1.8 and 29 CFR Part 7). write to: Wage and Flour Adainlstrator U.S. Department of Labor 20e Constitution Avenue, N.W. washing-ton, DC 2021a The request should be accompanied by a full statement of the interested party's position and by any infamation (wage h9mjtwwwwdad.cu.*.' .chr.71r-0 Page 19 of 46 Y�M]17 W.15,WW w +Jl 7,'lkt f5c�fie�s zrist:3c +T 3i vb'�r=D paYnent data, project description, area practice material, etc.) that the requestor considers relevart to the issue, 3. ) if the decisian of the Adainktrator is nut favorable, an intereslod party may appeal directly to the AdMistrative Review Hoard (formerly the Wage Appeals Board) . Write to: Administrative Review Boar(I U& Department of Labor 200 Constitution Avenue, NX w5hinfon, DG 20210 4. ) All decisions by the AdTibstrative Review ooard are final. END OF GENERAL DECISION Page M 5 46 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 sea. 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 950/5100-6d Page 21 of 46 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. 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. Page 22 of 46 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, 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. Page 23 of 46 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 projectiprogram. 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 ill. 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. PHAs11HAs are to report all contracts/subcontracts. *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 Page 24 of 46 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 25 of 46 Contract and Subcontract Activity U.S. Department or Housing and Urban Development OMB Approval No.: 2535-0117 (exp. 12/31!2006) Public Reporting burden for this collection of information Is estimated to average .50 hours per response, including the time for reviewing instmetions. searching existing data sources, gathering and maintaining the data needed, and compking and reviewing the collection of information. This inlbnnation is voluntary. HUD may not collect this Information, and you are not required 10 complete this font, unless It displays a currently valid OMB Control Number. Executive Order 12421 dated July 14, 1983, directs the Minority Business Development ?tans shalt be developed by each Federal Agency and that these annual plans shall establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the Taal program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise carrcemmg Minority Business Development. if the information is not collected HUD would not he able to establish meaningful MBE goals not evaluate MBE performance against these goals. While no assurances of confidentiality is pledged to respondents. HUD generally disclosed this data only in response to a Freedom of Information request. Privacy Act Notice - The United Stales Depanment ori ousing and Urban Development. federal Housing Administration, is authorized to solicit the information requested in this fon by virtue ofTilk 12, Untied States Code, Section 1701 et seq., and regulations promulgated there under at Title 12, Code of Federal regulations. It will not be disclosed or released outside the United Slates Department of Housing and Urban Development without your consent, except as required or permitted bylaw, I. Gmntee/Prgject Owner/Developer/Sponsor/Builder/40g City of Corpus Christi 3a. Nasne of Contact Person Check if; PHA c IHA c 2. Location (City, State, ZIP Code) 1201 Leopard S1., Corpus Christi, TX 78401 tiny Uei taacourt, CI) Administrator GranIJPrgjecl Number or HUD Case Number or other identification ofpropeny, subdivision, dwelling unit, etc. Prnjeet Name 7a. I= New Construction 2= Education/training CPA: 6= HUD -Held 3= Other form 1IUD-2516 (8/98) Amount or Contractor Subcontract 7b. 'type of Trade Code (Sec below) 7c. 3b. Phone Number (Including Area Codc) 361.88U-3017 4. Reporting Period o Oct.1— to Sept. 30, (Annual -FY) Contractor or Subcontractor Business RuciaUEtltnic Code (See below) 7d. 1= New Construction 2= Substantial Rehab. 7c: Type ofTrade Code, 'lousing/Public Housing: (Management) 3= Repair 4= Service 5=Project Mang. Woman Owned Business (Yes or No.) 7e. 6= Professional 7= Tenant Services Prime Connector Identification (ID) Number 8= Education/Training 9= Arch/Engrg. Appraisal 0= Other 7r. Sec. 3 Contr 7g. Subcontractor identification (ID) Number 7h. I= While Americans 2= Black Americans Id : Racial/Ethnic Codes: 3= Native Americans 4= Hispanic Americans 5= Aslan/Pacific Americans 6= Hasidic Jews 5. Program Code (Not applicable for CPD programs.) 0 Sec explanation of codes at bottom of page, Use a separate sheet for each program code. Scc. 3 Sub. 7i. 6. Date Submitted to Field Office October I Contracior/Subcontractor Name and Address 7j. Name Street City Stain Zip E� All insured, including Section 8 5=Section 202 2= Flexible Subsidy 5. Program Codes (Complete for Housing and Public and Indian Housing programs only): 3= Section 8 Noninsured. Non-HFDA 7— Public/Indian Housing 4= Insured (Management) Section 3 Summary Report U.S,Department of Housing OMB Approval No 2529-0043 Economic Opportunities for and Urban Development (exp 1113012010) Low—and Very Law-Income Persons Office of Fair Housing And Equal Opportunity HUD Field Office:Section bank of page far Public Reporting Burden statement HUD field Office: 1 Recipient Name d Addrn s Isa.r,t;,city.slate.zip? 2 Federal Identicstiai' (grant eZ j 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 rasa 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 Hues Hires that are of Staff Flours of New Hvm far Section 3 Employees Trainees Sec 3 Residents that am See 3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other List 'total Program Codes 3=PubkAndian Housing 4=Homeless Assistance B=CDBG State Administered 1 a Flealble Subsidy A=Development 5=HOME 9=Other CD Programs 2=Sectlan 2021811 8=Operatieri 6=HOME State Administered 10•Other Housing Programs Page 1 of 2 form HUD 60=(6/2001) Ref 24 CFR 135 Page 27 of 46 Part II: Contracts Awarded 1. Constriction Contracts. A. Total dollar amount of all contracts awarded on the pmJect $ 8 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 contravts 2. Nan-Construction Contracts. A Total dollar amount all non-consiruction contracts awarded on the pro.cctlactivity 5 B Total dollar amount of non-construction contracts award-2d to Section 3 busincsse s g C Percentage of the total dollar amount that was awarded to section 3 businessE s % D Total number of Section 3 businesses receiving non-conttrudion 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 prom nently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolilan 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.1701u 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 1592. 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 HUE)60o02(112010' Ref 24 CFR 135 Page 28 of 46 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 99 CFR Part 18.36(i)(8) Page 29 of 46 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 contractorwhich 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 48 CFR Part 18.36N Page 30 of 46 FEDERAL REQUIREMENTS: FRA 1 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(i) (12) & Section 306 of the Clean Air Act& Section 508 of the Clean Wafer Act Page 31 of 46 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 48 CFR Part 18.36&Public Law 94-163 Page 32 o6 46 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 5900.38C Page 33 of 46 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 34 of 46 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 35 of 46 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. 1701 u (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 section Page 36 of 46 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. (1)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 37 of 46 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. Poge 38 of 46 FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES (MIWBE) 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 perfonnance of this project. Page 39 of 46 -w _ !.ti ' L n : - [IF * i1 s iff i l - m 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 41 of 46 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 42 of 46 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 Proiect 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 43 of 46 CDBG PROJECT SIGN 8' Now Red PROJECT NAME Background Project Address White Letters CITY OF CORPUS CHRISTI White Community Development Block Grant (CDBG) Background U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Black (HUD) Letters CDBG FUNDS: $ Total Pro'ect Cost: $ Contractor.- Blue Background • - Number-, White Letters 4' _. i ,8- 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%" plywood. Sign should be posted at a minimum of than 3' 6" high from ground level. ?age 44 of 46 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 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 #1 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 for 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. 11246 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, relig'an, 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 45 of 46 AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF Personalty appeared before me, the undersigned authority in and for said State and County, (NamotTitle)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 conjunction with work done,or tabor, materials,equipment or services furnished by Contractor under contract with the City of Corpus Christi 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. The above statements are made by (Name)of individually and on behalf of the Contractor (Name of Company) (Name and Title) (Company Name) Sworn to and subscribed before me on (Date)_ Notary Public State of Texas Commission Expires END OF FEDERAL REQUIREMENTS Poge 46 of 46 se w �a o F v AGENDA MEMORANDUM NCORPORP`E Future Item for the City Council Meeting of June 19, 2018 1852 Action Item for the City Council Meeting of June 26, 2018 DATE: June 19, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities Dane @..cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim B2 @..cctexas.com (361) 826-3169 Amendment to Liquid Aluminum Sulfate Supply Agreement CAPTION: Motion authorizing Amendment No. 3 to Supply Agreement No. 1072 with Chemtrade Chemicals US, LLC of Parsippany, New Jersey, for the purchase Liquid Aluminum Sulfate for the Utilities Department, for a total increased amount not to exceed $63,180 and a restated total not to exceed $3,363,260. PURPOSE: The purpose of this Agenda Item is to allow a price increase beginning July 11, 2018 from $117.86 to $122.71 a difference of$4.85 per wet ton and $63,180.00 for the remaining eleven months of the contract for an updated not to exceed amount of$3,363,260.00. BACKGROUND AND FINDINGS: Liquid Aluminum Sulfate is used for water treatment as a primary coagulant. Coagulants cause very fine particles to clump together into larger particles that will either settle out in the sedimentation basins or will be removed by the filters. On May 14, 2018, the City received a letter to increase the price of this chemical from $117.86 to $122.71 per wet ton. The initial contract period was for one year, ending June 11, 2018 and two additional one-year periods. The vendor agreed to hold the pricing at the current rate for the first month to allow staff time to seek approval. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to the City's purchasing policies and procedures and State statues regulating procurement. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year Current Year Future Years TOTALS 2017-2018 Budget $7,924,177.02 $47,385.00 $7,971,562.02 Encumbered / Expended Amount $3,984,911 .19 $0.00 $3,984,911 .19 This item $15,795.00 $47,385.00 $63,180.00 BALANCE $3,923,470.83 $0.00 $3,923,470.83 Fund(s): Water Fund Comments: The eleven-month increase will cost $63,180.00 with the amount of$15,795.00 to be paid from FY2017-18 funds. RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement SC Amendment 1852 MRRPORI City of Corpus Christi Purchasing Department Date: Mune 8, 2018 Supply Agreement No.: 1072-Liquid Aluminum Sulfate Amendment No. 3 Reference: RFB 1072-Liquid Aluminum Sulfate Supply Agreement Current Value: $3,300,080.00 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, Chemtrade Chemicals US, LLC., Parsippany, New Jersey, hereinafter referred to as the Supplier, do hereby make and enter into this Amendment which, together with the Supply Agreement No. 1072 and all other duly executed Amendments, constitutes the entire agreement under the above-referenced Supply Agreement between the City and the Supplier. 1. This Amendment modifies the Agreement as follows: The City is allowing a price increase beginning July 11, 2018 from $117.86 to $122.71 a difference of $4.85 per wet ton and $63,180.00 for the remaining eleven months of the contract. The full value of this Supply Agreement is a not to exceed amount of $3,363,260.00. The Supplier and the City agree to and shall abide by all terms and conditions of the original Supply Agreement and any Amendments to that Agreement, to the extent they are not in conflict with the term of this Amendment. Parul Kachhia-Patel Date Maria Pedraza Date Chemtrade Chemicals US, LLC. Procurement Manager City of Corpus Christi, Texas CITY COUNCIL EXECUTIVE SUMMARY Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works Jeff H. Edmonds, P. E., Director of Engineering Services Dan Grimbso, Executive Director of Public Utilities Meeting Date Agenda Category Legis tar ID June 19, 2018 Resolution 18-0717 June 26, 2018 Agenda Title: Professional Services Contract Amendment- Whitecap Wastewater Treatment Plant Odor Control, Process & Bulkhead Improvements PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to execute Amendment No. 1 to a professional services contract o With LJA Engineering, Inc. of Corpus Christi, Texas o In the amount of$229,110 o For a total restated fee of$278,596 o For the Whitecap Wastewater Treatment Plant (WWTP) Odor Control, Process & Bulkhead Improvements project SUMMARY ➢ Existing condition — o Original plant capacity—0.5 million gallons per day (MGD) treatment capacity o Current capacity—2.5 MGD o Odor control unit past useful life cycle o Employs chemicals for treatment, not biological methods ➢ Original contract scope: o Preliminary engineering - ■ Investigate odor emission issues ■ Evaluate odor control alternatives ■ Evaluate bulkhead repair/replacement alternatives ➢ Amendment No. 1 scope— o Evaluate sample data o Calculate required airflow o Further evaluate— ■ Odor control alternatives, ventilation controls & process modifications ■ Structural integrity of bulkhead o Prepare plans ands ecificatons for bidding and construction PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Project approved in Capital Improvement Program (CIP) budget ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Location Map ➢ Project Budget ➢ Presentation ➢ Amendment No. 1 FUTURE ACTIONS ➢ Construction Contract Project No.E10053 PM/CJ Rev.0—05/29/18 Item Details Legistar # 18-0717 Professional Services Contract Amendment— Whitecap Wastewater Treatment Plant Odor Control, Process & Bulkhead Improvements Council Meeting Dates: Item Being Considered: Future Item —June 19, 2018 Motion Action Item - June 26, 2018 RECOMMENDATION: Motion authorizing Amendment No. 1 to a professional services contract with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $229,110 for a total restated fee of $278,596 for Whitecap Wastewater Treatment Plant Odor Control, Process & Bulkhead Improvements for design, bid and construction phase services. (Capital Improvement Program - CIP) SUMMARY: The Whitecap Wastewater Treatment Plant provides wastewater treatment service for the City's customers located on Padre Island. The original plant was built to 0.5 million gallons per day (MGD) capacity and has been expanded over the years to 2.5 MGD capacity due to growth on the island. The existing odor control unit has exceeded its useful life cycle and rehabilitation is now required. Also, the existing unit employs chemicals for treatment and new modern odor control units are biological. In July 2016, City staff authorized a professional services contract for preliminary engineering services with LJA Engineering, Inc., to investigate odor emission issues, evaluate odor control alternatives and evaluate bulkhead repair/replacement alternatives. This Amendment allows for additional evaluation for design purposes and to prepare construction plans. The scope of services includes evaluation of sample data; calculate required airflow; evaluate odor control alternatives, ventilation controls, and process modifications; evaluate structural integrity of bulkhead to propose repairs and replacement alternatives; and prepare plans and specifications for bidding and construction. LJA Engineering, Inc. was selected for this project through Request for Qualifications No. 2012-03 Bond Issue 2012 and CIP Projects. PREVIOUS COUNCIL / BOARD ACTIONS: Approved in 2018 Capital Improvement Program (CIP) Budget. Project No. E10053 1 W/O Rev. 1—05/29/18 NUECES BAY N SHIP C SCALE: N.T.S. CORPUS CHRISTI LEOPARD �w/ 286 r O z 3000, = FO CORPUS CHRISTI BAY Q, 9 y3 PROJECT LOCATION 3=� M�Ro`e 4iygR o�oyy sp�o oo�� TEXAS A&M UNIVERSITY CORPUS CHRISTI y Q 358 ZZ CABANISS 2 OSO BAY CORPUS CHRISTI FIELD Q NAVAL AIR STATION 9 FLOUR BLUFF �o 358 286 W z J F, of z Yoq�o OP 3� 361 P22 PACKE LAGUNA HAN EL MADRE GULF OF MEXICO LOCATION MAP NOT TO SCALE Project: E10053 Whitecap Wastewater Treatment Plant CITY COUNCIL EXHIBIT Odor Control, Process and CITY OF CORPUS CHRISTI,TEXAS Bulkhead Improvements DEPARTMENT OF ENGINEERING SERVICES PROJECT BUDGET ESTIMATE WHITECAP WASTEWATER TREATMENT PLANT ODOR CONTROL, PROCESS & BULKHEAD REHABILITATION FUNDS AVAILABLE: Wastewater C I P.......................................................................................................... $ 5,649,400 TOTAL FUNDS AVAILABLE $ 5,649,400 FUNDS REQUIRED: Construction and Contingency Estimate:.......................................................................... 4,675,000 Construction Estimate............................................................................ 4,250,000 Contingency(10%)................................................................................ 425,000 Construction Inspection and Testinq Estimate:.................................................................. 282,470 Construction Inspection Estimate............................................................. 169,482 Testing Estimate................................................................................... 112,988 Design:..................................................................................................................... 278,596 Preliminary Design (LJA Engineering)....................................................... 49,486 Design (LJA Engineering)THIS ITEM ... 229,110 Reimbursements:........................................................................................................ 284,970 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)...... 112,988 Engineering Services(Project Mgmt/Constr Mgmt)...................................... 169,482 Misc................................................................................................... 2,500 TOTAL $ 5,521,036 ESTIMATED PROJECT BUDGET BALANCE $ 128,364 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 TO THE CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT(No./Name) E10053 -Whitecap WWTP Odor Control and Bulkhead Replacement The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277(City)acting through its duly authorized City Manager or Designee (Director)and LJA Engineering, Inc., 820 Buffalo Street, Corpus Christi, Nueces County,Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES...................................................................2 ARTICLE 11 QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE..................................................4 ARTICLE V OPINIONS OF COST......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE Vill TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES.......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS.................................................10 EXHIBITS Contract for Professional Services Page 1 of 12 ARTICLE I—SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services,pursuant to this Agreement,and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract.At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor,equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request,Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the% of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized underthis Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates(project progress or delays)in the format requested by the City with each monthly invoice. 1.6 For design services,Consultant agrees to renderthe professional services necessary forthe advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities,as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans,specification,bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60%submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specked in Exhibits A and A- 11. 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 31d party owners/operators. Contract for Professional Services Page 2 of 12 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III—COMPENSATION 3.1 The Compensation for all services(Basic and Additional)included in this Agreement and in the Scope of Services for this Agreement shall not exceed $229,110 for a total not to exceed of$278,596. 3.2 The Consultant's fee will be on a lump sum or time and materials(T&M)basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule)when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Contract for Professional Service Page 3 of 12 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that,upon submittal of a Payment Request,all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge,information and belief,be free and clear of liens,claims,security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS,CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary,in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City,Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget.The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work underthis provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee(Effective Date). 4.2yeaFs begiRRiFig en the MGtive Date. The AgFeement may be appFeved GhaRQes: Contract for Professional Services Page 4 of 12 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project,in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the Citywithin ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V-OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment,or over the contractor's methods of determining prices,or over competitive bidding or market conditions,Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry,but Consultant cannot and does not guarantee proposals,bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI - INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII-INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers,agents,employees,excluding the engineer or architect orthat person's agent,employee or subconsultant,over which the City exercises control("Indemnitee")from and against any and all claims,damages,liabilities or costs,including reasonable attorney fees and court costs,to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Contract for Professional Services Page 5 of 12 Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement.This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee,the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE Vill—TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination,unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Contract for Professional Services Page 6 of 12 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees,Consultant will be compensated for its services based upon a Time& Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX—RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement,unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts,commitments, arrangements, notes,daily diaries,reports,drawings,receipts,vouchers,memoranda,time sheets,payroll records,policies,procedures,and any and all other agreements,sources of information and matters that may,in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records,Consultant's facilities and Consultant's current employees,deemed necessary by City or its designee(s), to perform such audit,inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project,which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments,such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the Contract for Professional Services Page 7 of 12 documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if,in the City's judgment,the Consultant generates excessive addenda,either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article 111. ARTICLE XI—CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control,an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII—CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation,City will meet to discuss the request,after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i)submit additional supporting data requested by the City,(ii) modify the initial request for remedy or(iii) request Mediation. 12.1.5 Pending final resolution of a claim,except as otherwise agreed in writing,Consultant shall proceed Contract for Professional Services Page 8 of 12 diligently with performance of the Agreement,and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing,and shall request that the mediation commence no less than thirty(30) or more than ninety(90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise,to the other Party for loss of profits,delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties,Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services Page 9 of 12 ARTICLE XIII—MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party,except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture,then in the event of the termination of the partnership or joint venture,this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment,including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with,pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant,shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project,including scope meetings,review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info—form1295.htm. The form must then be printed,signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at hftps:/twww.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you Contract for Professional Services Page 10 of 12 need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govemmenVcity-secretary/conflict-disclosurerindex. 13.11 Boycott Israel. As required by Chapter 2270,Government Code,Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made for ordinary business purposes. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County,Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severabilitv. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the speck Article, sentences, clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance,shall not affect or prejudice in anyway the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein,is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI LJA EG, INC. 5fZ4 Jeff H. Edmonds, P. E. Date 4ONGIN Date Director of Engineering Services Vice President 820 Buffalo Street Corpus Christi, TX 78401 (361)887-8851 Office jcoym@lja.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services Page 11 of 12 Accounting Account Fund Name Unit No. Activity No. Amount Wastewater CIP 4252-064 550950 E10053-01-4252-EXP $229,110.00 Total $229,110.00 Contract for Professional Services Page 12 of 12 May 3, 2018 AMENDMENT NO. 1 City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attention: Mr. Jeff H. Edmonds, PE, Director of Capital Projects Re: Amendment No. 1 to Small AE Contract for Whitecap Wastewater Treatment Plant Odor Control and Bulkhead Replacement(City Project No. E10053) LJA Project No. C007-20734c Dear Mr. Edmonds: LJA Engineering, Inc. (LJA) is pleased to provide Amendment No. 1 to the Small AE Contract dated July 11, 2016 for Engineering Services associated with the Whitecap Wastewater Treatment Plant Odor Control and Bulkhead Replacement(City Project No. El 0053). LJA Engineering, Inc. (LJA) proposes to work in conjunction with sub-consultants James Joyce, PE, odor control sub-consultant and Bath Engineering Corp., electrical engineers to perform the following services. SCOPE OF SERVICES PRELIMINARY PHASE 1.0 General Administration and Review Background Information Review 1.01 Engineer will perform Project Administration and Management Tasks 1.02 Engineer will prepare Project Scheduling and Updates 1.03 Engineer will participate in Project Meetings with City Staff 1.04 Engineer will review existing As-Built Drawings provided by City Staff 1.05 Engineer will perform site visits to evaluate existing conditions as required 1.06 Engineer will perform Electrical equipment field investigation(Bath Engineering) 2.0 Evaluate Sample Data 2.01 Evaluate Test Data: Engineer will download continuous monitoring data and chart for analysis from Odalog monitors and grab samples. Minimum average and maximum hydrogen sulfide gas concentrations will be identified for the locations tested. 2.02 Calculate Required Airflow: Engineer will calculate enclosed area air volumes and determine minimum required air extraction rates to maintain a negative pressure. Air controls such as flaps, curtains or other covering strategies will be determined on an as-needed basis. Air exchange rates will be compared against NFPA 820 guidelines and adjustments noted for final design. With the combination of odor concentration and airflow rates, Engineer will calculate the hydrogen sulfide and VOC concentrations in airstreams to be treated. EXHIBIT A Page 1 of 7 3.0 Evaluate Odor Control Alternatives 3.01 Chemical Controls: Engineer will evaluate possible chemical addition for control of some of the odors at the WCWWTP including the calculation of stoichiometric chemical usage rates and costs of five (5) of the most commonly used odor control chemicals for domestic wastewater. The calculations will be based upon dissolved sulfide sampling data at the influent lift station. 3.02 Ventilation Controls: Engineer will evaluate ventilation controls and odorous air treatment for odors including the existing odor control system and any additional odor control systems as may be necessary. Engineer will calculate airflow and odor concentrations for ventilation controls and identify feasible technologies capable of effectively treating the odor compounds present. Engineer will select up to three commonly used, effective odor treatment technologies based upon the anticipated 20-year life-cycle cost and perform a more detailed level 4 cost estimate. 3.03 Process Modifications: Engineer will identify possible process modifications which may reduce or eliminate odor sources and evaluate each modification for effectiveness. Where appropriate, Engineer will calculate budget level cost estimates to implement process modifications. 4.0 Evaluate Bulkhead Repair/Replacement Alternatives 4.01 Engineer with meet with City Staff to confirm extent of desired bulkhead rehabilitations. 4.02 Engineer will explore various method of rehabilitating the damaged bulkhead cap and sheet pile surrounding the WCWWTP. These findings and alternatives will be discussed in the Preliminary Engineering Report along with recommendations and cost estimates. 5.0 Progress Meeting 5.01 Present Findings: Engineer will present the findings of Tasks 1 through 4 to City staff at a workshop. The results of the sampling, analysis, inspection and evaluation of odor control technologies along with a brief report on the bulkhead conditions will be presented. 5.02 Discuss Odor Control and Bulkhead Rehabilitation Strategies: The presentation discussion is intended to inform and elicit comments from City staff as to the applicability and acceptance of the proposed control strategy. Utilities, power, labor, chemicals and operating costs of the various technologies will be discussed for applicability to the WCWWTP. Proposed design methods for the rehabilitation of the existing bulkhead will also be presented. 5.03 Confirm Design Assumptions: The goal of the workshop will be to confirm the design assumptions and approve odor control technologies to assure that operations staff are comfortable with any new technology. 6.0 Prepare Preliminary Engineering Letter Report(PELR) 6.01 Engineer will prepare graphs of the monitoring charts, conceptual sketches of the site layout, utilities connections and duct runs of any improvements for inclusion in the report. 6.02 Engineer will evaluate various methods and materials considered for use at the WCWWTP. 6.03 Engineer will provide an analysis of the odor control and bulkhead rehabilitation alternatives within the PELR. 6.04 Engineer will prepare an Opinion of Probable Construction Costs for the Odor Control Facility as well as the bulkhead rehabilitation. EXHIBIT A Page 2 of 7 6.05 Engineer will prepare and submit to the City a draft Preliminary Engineering Letter Report which will include all of the above mentioned items. The PELR will be delivered in PDF electronic format as well as one physical copy. 6.06 Engineer will participate in a City Staff review meeting to discuss findings and comments associated with the PELR. 6.07 Engineer will incorporate City Staff comments into the PELR 6.08 Engineer will provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the final report accurately reflects the City Staff comments received. 6.09 Engineer will submit a final version of the ELR to City Staff. A PDF electrical format as well as one physical copy will be provided. DESIGN PHASE 1.00 Engineer will perform administration efforts for the project including scheduling, workforce communication, and internal tasks associated with the project. 1.01 Engineer will conduct in house meetings with personnel to manage the project. 1.02 Engineer will prepare materials for presentation at the Kickoff meeting. 1.03 Engineer, along with City Staff, will participate in a Kickoff meeting for the Design Phase of the project to ensure that all parties are in agreement of the proposed design improvements put forth in the PELR. 1.04 Coordination with Odor Control Subconsultant, Design Details. 1.05 Site Visits, Meetings with Engineering and Utilities Departments. 1.06 Prepare one (1) set of the construction bid and contract documents for the Odor Control and Bulkhead Rehabilitation Project (electronic and full-size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. 1.07 Engineer will perform QA/QC on 60% submittal of Plans and Specifications. 1.08 Furnish one (1) set of the interim plans (60% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs for each set of plans. Show existing elevations resulting from topographic survey. Required with the interim plans is a "Plan Executive Summar(" which will identify and summarize the project by distinguishing key elements. 1.09 Engineer will participate in a 60% submittal review meeting. 1.10 Engineer will assimilate all 60% review comments, modifications, additions/deletions and make changes to the contract documents and specifications accordingly. 1.11 Engineer will update and prepare a 90% level opinion of probable construction costs. 1.12 Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, and pre-final (if required), plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. UA and Sub-consultants shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. 1.13 Provide one (1) set of the pre-final plans and bid documents (90% submittal- electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. EXHIBIT A Page 3 of 7 Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants. 1.14 Engineer will assimilate all 90% review comments, modifications, additions/deletions and make changes to the contract documents and specifications accordingly. 1.15 Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. WA and Sub-consultants shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. BID PHASE 1.00 Participate in pre-bid conference for the project and provide a recommended agenda for critical construction activities and elements impacting the project. 1.01 Prepare any required addenda necessary during the bidding process. 1.02 Review all pre-bid questions and submissions concerning the bid documents. 1.03 Attend bid openings, analyze bids, evaluate and prepare bid tabulations for the project. 1.04 Provide the City with recommendations for contract award based on bid results for the project. CONSTRUCTION PHASE 1.00 Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. 1.01 Review for conformance to contract documents, shop and working drawings, materials and other submittals for the project. 1.02 Review field and lab tests for the project. 1.03 Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract for the project. 1.04 Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work for the project, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. 1.05 Prepare change orders as authorized by the City(coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. 1.06 Make pre-final and final inspections with City staff and provide the City with a Certificate of Completion for the project. 1.07 Review construction "red-line" drawings, prepare record drawings of each Project as constructed (from the "red-line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. 1.08 Prepare project close-out documents for each project and submit to the City. EXHIBIT A Page 4of7 ADDITIONAL SERVICES 1.0 Surveying and Inspections 1.01 Perform a topographic survey of the existing odor control site and adjacent vicinity. Also, perform a topographic survey of the existing bulkhead alignment and top of concrete cap elevations along with elevations on both the landside and the waterside of the existing 3,380 linear feet of bulkhead. 1.02 Engineer will conduct inspections of existing bulkhead components including the concrete sheet pile, concrete cap, tie-back rods and various deadmen anchors for approximately 3,380 linear feet of bulkheading surrounding the Whitecap WWTP. 1.03 Engineer will conduct inspection from the waterside of the existing bulkhead concrete pile and concrete cap from marine vessel. City Staff will: Provide machinery with operator and personnel necessary to excavate various tie-back rods and dead men anchors for inspection. It is anticipated that these activities will be required for 2-3 working days. Not included in scope of services: It should be noted that underwater inspections by certified divers are not included in this proposal or scope of services. Based on the depths of the soundings, it may be necessary to enlist such services to further investigate possible undermining of the existing concrete sheet piles. 2.0 Install Odor Monitors and Sample Odor Compounds 2.01 Engineer will install three (3) Odalog continuous recording monitors to determine hydrogen sulfide gas concentrations: 1. Before the screens, 2. In the lift station wet well, and 3. In the splitter box. This will determine odor airstream 1-12S gas and odor concentrations. 2.02 Perform Grab Sampling (VOC's and Reduced Sulfur Compounds) Engineer will perform grab sampling for selected volatile organic odor compounds (VOC's) and reduced sulfur odor compounds (RSC's) at selected sites. Up to 10 different grab samples and analysis will be performed to determine odor airstream characterization. 2.03 Sample Dissolved Sulfide: Engineer will sample and measure dissolved sulfide ion concentration (up to 10 samples) wastewater at the influent lift station and other selected locations throughout the plant. City Staff will: Provide access to the various WWTP facilities mentioned above for the purposes of installing and maintaining Odalog meters. 3.0 Operations and Warranty Observations 3.01 Assist with coordination of efforts during the start-up phase and ensure manufacturer's protocol is followed. 3.02 Provide a maintenance guaranty inspection toward the end of the one—year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. EXHIBIT A Page 5of7 Mr.Jeff H. Edmonds, PE May 3,2018 Page 6 Not included in scope of services: It should be noted that Geotechnical Engineering Services including soil borings will be necessary for the development of the Construction Plans and Specifications. The City has indicated that they will be providing such services via third party and therefore these services are not included in LJA's scope of work. COMPENSATION The total amount of this Amendment No. 1 is $229,110.00 as shown in the summary on Attachment W. The man-hour fee analysis for Amendment No. 1 is shown in Attachment"B". REVISED SCHEDULE DATE ACTIVITY To Be Determined NTP 2 Months Atter NTP Draft ELR Submittal 3 Months After NTP Cit Review 4 Months After NTP Final ELR Submittal 6 Months After NTP 60%Deslgn Submittal(both projects) 7 Months After NTP City Review 8 Months After NTP 100%Design Submittal both projects 9 Months After NTP C' Review TBD Pre-Bid Conferences TBD Receive Bids TBD Contract Awards TBD Begin Construction TBD Complete Construction WA Engineering, Inc. Is once again honored to be provided with the opportunity of submitting this proposal for continuing support of your projects for the City of Corpus Christi. We look forward to your favorable consideration of this proposal. Should questions or comments arise relative to any matter within this proposal please do not hesitate to contact us at 361.991.8550. Sincer Amendment No. 1 Accepted By: City of Corpus Christi 9%PE By: Vice President Name: Date: vioow RPW CHRM(CDOY pr,Me v wwrP oaa Cwwal a Ou1kh d PWpWM%MW T*M hb. A Page 6 of 7 Original AMD.NO.1 Total Contract BASIC SERVICES 1 PreliminaryPhase $49486.00 $56670.00 $106,156.00 2 Design Phase $0.00 $94,200.00 $94,200.00 3 Bid Phase $0.00 $5,490.00 $5,490.00 4 Construction Phase $0.00 $20,590.00 $20,590.00 Subtotal Basic Services $49,486.00 $176,950.00 $226,436.00 ADDITIONAL SERVICES 5 Surveying&Inspection $0.00 $34,480.00 $34,480.00 6 Install Odor Monitors&Sample Odor Compounds $0.00 $11,600.00 $11,600. 7 1 Operations&Warranty Observations $0-00 $6,080.00 $6,080.00 Subtotal Additional Services $0.00 $52,160.00 $52,160.00 Total Fee $49 486.00 $229,110.00 $278 596.00 07/11/16 05/03/2018 Admin Approval EXHIBIT A Page 7 of 7 Sample form for: Payment Request COMPLETE PROJECT NAME AE Contract Project No.XXXX Revised 02/01/17 Invoice No.12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services: Contract Amd No.1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000,.00_$1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBDI TBD1 TBDI TBD TBDI TBD1 TBD TBD TBD Subtotal Additional Services $2,000.001 $1,120.001 $1,627.001 $4,747.00 $500.001 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.001 $5,750.00 30.3% Additional Services Fees 1 $2,000.00 $1,120.001 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.001 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.001 23.1% Notes: if needed,update this sample form based on the contract requirements. If applicable,refer to the contract for information on what to include with time and materials(T&M). -0 m v x co s co iT O 00 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: $/hr Project Consultant: CAD Technician: Clerical: Other—specify: SUBCONSULTANT S : firm Principal(s): Project Consultant: CAD Technician: Clerical Other—specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance(COI)with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COL Project name and or number must be listed in Description Box of COL TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims-made policy, retro date must be prior to inception of agreement, have extended reporting period provisions Rev 04/17 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations,completed operation and activities of,or on behalf of,the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the"other insurance"clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 2 Rev 04/17 coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s)if any,which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Rev 04/17 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology.......................................................................................................2 Article 2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent,Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands;Subsurface, Physical and Hazardous Environmental Conditions..............9 Article 6—Bonds and Insurance.................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction..................................................................11 Article 11—Amending the Contract Documents;Changes in the Work....................................................13 Article12—Change Management..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work;Allowances;Unit Price Work......................................................................16 Article 16—Tests and Inspections;Correction,Removal,or Acceptance of Defective Work....................16 Article 17—Payments to Contractor;Set-Offs;Completion;Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22—Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26—Record Data.............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29—Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined,terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution-The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Carpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements-The Invitation for Bids,Instructions to Bidders,Bid Security,Bid Form and attachments,and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check,certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form,refers to individual instrument. 12. Change Order-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times,or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due;or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed,regulated,or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act,42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act,49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act,42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act,15 U.S.C. §§2601 et seq.; e. The Clean Water Act,33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.;or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic,or dangerous waste,substance, or material. 17. Contract-The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times,or terms and conditions of the Contract for the new phase of Work;or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities,if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion;and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work-The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests,or approvals referred to in the Contract Documents;or c. Has been damaged or stolen prior to OAR's recommendation Of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract-The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices,Laws and Regulations,and the requirements of the Contract. 31. Indemnified Costs-All costs,losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers,architects,attorneys,and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations;Laws or Regulations-Applicable laws,statutes,rules,regulations, ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts having jurisdiction over the Project. 33. Liens-Charges, security interests, or encumbrances upon Contract related funds, real property,or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order;or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City),a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives,authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR-The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees-Each member of the OPT and their officers,directors,members, partners,employees,agents,consultants,and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use-Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule-A schedule prepared and maintained by Contractor,describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method(CPM)Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents,prepared,and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings,whether approved or not,are not Drawings and are not Contract Documents. 51. Site-Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications-The part of the Contract that describes the requirements for materials, equipment, systems, standards,and workmanship as applied to the Work,and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor-An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions-The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified asTechnical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities;or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals,or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive-A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined,but when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor isto perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day"mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms"as allowed," "as approved," "as ordered,""as directed,"or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services,materials,or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services,materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment,complete and ready for their intended use. 4. Perform or provide the specified services,materials,or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind,class,and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words"furnish,""install," "perform," "provide,"or similar words include the meaning of the phrase"The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others,it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents,statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. 1. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT,REQUIREMENTS,REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards,whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable,or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLES—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications;and 6. Advise OPT of Designer's findings,conclusions,and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions,and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements;Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests,and Approvals A. OPT's responsibility with respect to certain inspections,tests,and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise,direct,or have control or authority over,and is not responsible for Contractor's means, methods,techniques,sequences,or procedures of construction,or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Desiener is to make periodic visits to the Site to observe the progress and quality of the Work. Desiener is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based On observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Deshtner is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Desiener's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects rotated to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings,Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04,if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS;CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal(RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies,fuels,and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost;and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice.Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence.Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner,Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim;or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT O Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review.Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete,and that to the best of Contractor's knowledge and belief,the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor,including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise;or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. 1. If the Designer does not take any action,the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied.The Owner and Contractor may extend the time for resolving the Claim by mutual agreement.Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION,REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR;SET-OFFS;COMPLETION;CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. S. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information,interpretation,or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal(RCP)per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation,commissioning,and testing;and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform,in general,to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors,textures,or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does,in general,conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does,in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Desiener Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Desi net's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences,or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. S. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations,then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as"Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.8 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged,and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of"Filed as Received"and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked"Rejected"and"Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked"Rejected"and "Cancel -Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. S. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any Objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided;and S. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work its acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 SUPPt.IER NUMBER TO BE ASSIGNED BYT1TT— PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Conus DISCLOSURE OF INTEREST ChnsU City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to da business with the City to provide the following information. Every question must be answered. If the question is not awlicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LTA Engineering?,Inc. P.O.BOX: STREET ADDRESS: 5656 S.Staples St.,Suite 230 CITY: Corpus Christi ZIP: 78411 FITtM IS: 1. Corporation ® 2. Partnership 8 3. Sole Owner ❑ 4. Association 3. Other DISCLOSURE QUESTIONS If additional space is necese7,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A M "E" f 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantialgment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Jeff Coym Title: Vice President crypt or Print) Signature of Certifying Date: May 29,2018 Person: -- DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Owriership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terns of venture or partnership agreements:' g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT"E" Paste 2 of 2 Cor]}US Chr°sN Engineering Whitecap Wastewater Treatment Plant Odor Control, Process & Bulkhead Improvements Council Presentation June 19, 2018 Project Location 1:JCorgus Ch r sti Engineering CARPUS CHRISTI MY n SCALE:NIS. HITECAP WASTEWATER TREATMENT PLANT ODOR CONTROL,PROCESS AND w� BULKHEADIMPROVEMENTS La m e OSB BRAY oQ NMI-4_&l FLOUR BUIFF �o a" O LAGUNA MAORE GULF OF MEXIW 2 Project Vicinity Corpus Chr s[i Engineering WHITECAP WASTEWATER TREATMENT PLANT N ODOR CONTROL, `* SCALE: N.T.S. PROCESS AND t BULKHEAD IMPR VEMENT �ea��y°�° r Whitecap Blvd v � Cr i m by Project Scope Corpus Chr'sti Engineering Preliminary Phase: - Evaluate Sample Data - Evaluate Odor Control Alternatives - Evaluate Bulkhead Repairs - Preliminary Engineering Report Design Phase: - Construction Plans - Bid Documents Construction Phase: - Construction Evaluation - As-builts 4 Project Schedule Corpus Chr'sti Engineering 2018 2019 2020 O N O N N OZD LLQ rn OQrnOZO � LL rn7r ", p N R Z 0 DESIGN BID/AWARD CONSTRUCTION Projected Schedule reflects City Council award in June 2018 with design completion in February 2019. CITY COUNCIL EXECUTIVE SUMMARY Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works - Dan Grimsbo, Executive Director of Utilities Jeff H. Edmonds, P. E., Director of Engineering Services Meeting Date Agenda Category Le istar ID June 19, 2018 Motion 18-0088 June 26, 2018 Agenda Title: Professional Services Contract—Amendment No. 1 for Old Broadway Wastewater Treatment Plant Decommissioning PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to execute Amendment No.1 to professional services contract o With Freese and Nichols, Inc. of Corpus Christi, Texas o In the amount of$290,447 o For a total restated fee of$881,334 o For design, survey, bid and construction phase services SUMMARY ➢ Old Broadway Wastewater Treatment Plant (WWTP) constructed in 1930's ➢ Occupies — eight acres south of newly completed WWTP ➢ Phase 1 (preparation and submittal of decommissioning plan) complete ➢ Phase 2 (media removal and decommissioning of trickling filters) complete ➢ Phase 3 —demolition project (THIS ITEM) o Remove all existing facilities at 1402 West Broadway o Demolish and remove 2-story administrative building o Identify, remove and/or terminate all underground process piping o Grade site and establish vegetative cover PRIOR COUNCIL ACTION ➢ August 25, 2015— Council awarded Change Order No. 9 with Graham Construction Services, Inc. FINANCIAL CONSIDERATIONS ➢ Project approved in Capital Improvement Program ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Location Map ➢ Presentation ➢ Contract Amendment FUTURE ACTIONS ➢ None Project No.E12159 PM/JR Rev.0—04/02/18 Item Details Legistar # 18-0088 Professional Services Contract— Old Broadway Wastewater Treatment Plant Decommissioning (Capital Improvement Program) Council Meeting Dates: Item Being Considered: Future Item —June 19, 2018 Motion Action Item - June 26, 2018 RECOMMENDATION: Authorization to execute Amendment No. 1 in the amount of$290,447 with Freese and Nichols, Inc. of Corpus Christi, Texas for a total restated fee of$881,334 for the Old Broadway Wastewater Treatment Plant Decommissioning project for design, bid and construction phase services. SUMMARY: The Old Broadway Wastewater Treatment Plant, was originally constructed in the 1930's, and occupies approximately eight acres south of the newly completed replacement wastewater treatment plant. In 2013, Phase 1 of the Broadway Wastewater Treatment Plant Replacement Project included the preparation and submittal of a decommissioning plan (Plan) to the Texas Commission on Environmental Quality (TCEQ). Upon TCEQ approval of the Plan, Phase 2, media removal and decommissioning of the trickling filters was performed. This demolition project will serve as the third and final phase of the Wastewater Facilities implementation plan and will remove all existing facilities at 1402 West Broadway to a depth of three feet below existing grade. It will also include demolition and removal of a two-story administration building and the identification, removal, and/or termination of all underground process piping. Once all structures have been removed, the site will be graded and vegetation established. City Staff recommends approval of Amendment No. 1 to the professional services contract with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of$290,447 for a total restated fee of$881,334 for Old Broadway Wastewater Treatment Plant Decommissioning for design, bid, and construction phase services. PREVIOUS COUNCIL / BOARD ACTIONS: August 25, 2015—City Council awarded Change Order No.9 with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of$668,515.36. Project No. E12159 1 PM/JR Rev.0—04/02/18 PROJECT BUDGET ESTIMATE Old Broadway Wastewater Treatment Plant Decommissioning PROJECT FUNDS AVAILABLE: Wastewater CIP........................................................................................ $ 7,367,400 FUNDS REQUIRED: Construction Fee:....................................................................................... 5,423,900 Trickling Filter Media Removal (J.S. Haren)COMPLETE............. 1,023,900 Construction Estimate.......................................................... 4,000,000 Contingency(10%)........................................................... 400,000 Construction Inspection Estimate:................................................................. 221,022 Construction Inspection Estimate............................................ 221,022 Design, Survey and Geotechnical Fees:......................................................... 1,299,654 *Decommissioning(Freese and Nichols)................................... 590,887 Engineer(Govind Development)............................................. 49,950 Demolition (Freese and Nichols)THIS ITEM 290,447 Topographic Survey Estimate................................................ 221,022 Geotechnical Testing Estimate............................................... 147,348 Reimbursements:....................................................................................... 373,370 Contract Administration (Engineering/Finance/Capital Budget)...... 147,348 Engineering Services(Project Mgt/Constr Mgt).......................... 221,022 Misc. (Printing, Advertising, etc.)............................................. 5,000 TOTAL $ 7,317,946 ESTIMATED PROJECT BUDGET BALANCE $ 49,454 *Contract approved by City Council on December 11, 2012 by Motion No. M2012-198 LJ'd NUECES BAY 181 N �oF F�<ro SCALE: N.T.S. ti c 0'QR�poR SHIP C CORPUS CHRISTI g FpogR p A LEOPARD -7 Z PROJECT LOCATION 44 6q CHRISTI p �k'� 286 ZONAL Q OP 358 > MOR CORPUS CHRISTI BAY Q s� oma° 324} Mc�Rp<F O<<iygR 9A s �o G�o�� spia oo�ti TEXAS A&M UNIVERSITY O� y0, CORPUS CHRISTI o�iA Q' 358 22 DD ��RgTp � MogRp� o G CABANISSGj Z OSO BAY CORPUS CHRISTI FIELD 4i Q NAVAL AIR STATION Qv ° FAQ �v 4 43 FLOUR BLUFF 358 286 Z J Opp �Q� 0v Q� Q0J QO2 2444 YOR�T �Q' 39 owy LAGUNA MADRE LOCATION MAP NOT TO SCALE Project Number: E12159 Old Broadway Wastewater Treatment Plant CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS V441 Decommissioning DEPARTMENT OF ENGINEERING SERVICES war CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 The City of Corpus Christi,Texas, a Texas home-rule municipal corporation ("City")and Freese and Nichols, Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for Old Broadway Wastewater Treatment Plant Decommissioning (Project No. E12159): Original Contract I December 11, 2012 1 Motion No. M2012-198 $590,887 In the Original Contract, Exhibit A, Section 1. Scope of Services shall be amended as set forth in the attached Amendment No.1, Exhibit A. In the Original Contract, Exhibit A, Section 3. Fees shall be amended based on the modified scope of services in the attached Amendment No. 1, Exhibit A for a fee not to exceed $290,447, for a total restated fee not to exceed $881,334. All other terms and conditions of the December 11, 2012 Contract for Professional Services between the City and Consultant, and of any amendments to that contract,which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI FREES E ANfNICHOLS, INC. _ March 22, 2018 Jeff H. Edmonds, P.E. Date R6n Guzman, P. -. Date Director of Engineering Services Principal 800 N. Shoreline Blvd., Suite 160ON Corpus Christi, TX 78401 APPROVED AS TO LEGAL FORM (361) 561-6500 Office (361) 561-6501 Fax rg@freese.com Assistant City Attorney Date ATTEST City Secretary Date Project Number E12159 Accounting Unit 4254-042 Account550950 Activity E12159-01-4254-EXP Account Category 50950 Fund Name Wastewater 2015 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E12159 BROADWAY WWTP DECOMISSIONING\FNI\AMENDMENT NO.1\CONTRACT\CONTRACT AMD NO.1.DOC REV.10/1/15 FREESEInnovative approaches Practical results rm'AICHOLS Outstanding service 800 N.Shoreline Blvd.,Suite 160ON • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com March 12, 2018 Mr.Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi,Texas 78469 Re: Broadway Wastewater Treatment Plan Demolition Professional Services Proposal Dear Mr. Edmonds: Freese and Nichols, Inc. (FNI) is pleased to provide our Broadway Wastewater Treatment Plant Demolition Professional Services proposal. Project Understanding: Freese and Nichols, Inc. (FNI) understands that the City of Corpus Christi (City) is planning on demolishing the old Broadway Wastewater Treatment Plant. The old Broadway Wastewater Treatment plant was originally constructed in the 1930's and has been expanded upon multiple times since its original construction. The current plant footprint is approximately 8.0 Acres and it consists of numerous above and below ground structures. The scope of the contract is to remove all structures to a depth of 3 feet below existing grade. Also included in this project is the demolition of a two-story Administration Building and identifying/removing/terminating all underground process piping. This scope does not include Hazardous Materials identification nor abatement. FNI will coordinate with a Hazardous Materials surveyor to provide the City with a proposal for Hazardous Materials Survey Services for the Broadway Wastewater Treatment Demolition project. FNI will provide support throughout the survey efforts in order to encourage a quality deliverable for the City. The Survey contract will be executed and funded by the City. Basic Services: 1. Kick-off Meeting: FNI will conduct a project kick-off meeting with City to discuss project specifics such as utility coordination, Hazardous Materials Survey, project schedule and record document needs. 2. Hazardous Materials Survey Support: FNI will provide support to the City's Hazardous Material Surveyor to assist in City's Hazardous Materials identification/removal. 3. Data Collection and Review: A data request memorandum will be prepared and submitted to the City. FNI will review and analyze available data that is pertinent to the project. Data requests may include "As-Built" drawings of original plant and subsequent expansions/improvements. Amend. No. 1 Exhibit A Page 1 of 5 4. Coordination for Administration Building and Chloride Disinfection Structure: FNI will coordinate with City Staff to ensure all current work-related activities have ceased and have been relocated from existing Administration Building along with coordinating the demolition of chlorine contact structures and chemical tanks currently being utilized. 5. Coordination with Existing Utility: FNI will coordinate demolition activities with all utility providers servicing the project site such as American Electric Power, AT&T and City owned services. 6. Coordinate with Wastewater Operating Department: FNI will coordinate with City Wastewater Staff to determine intent to salvage any material and/or equipment. 7. Develop 60% Design Submittal: FNI will prepare 60%demolition package for the removal of the following structures: Base Bid: a. Plant Office Building b. Lift Station and Bar Screen C. Relief/Recirculation Pumps and Wet Well d. Final Sludge Pumps e. Final Effluent Pumps f. Final Clarifier No. 1 g. Final Clarifier No. 2 h. Headworks Structure i. Return Flow Reconditioners j. Primary Sludge Pumps k. Blower and Sludge Pumps I. Grit Removal and Parshall Flume M. Septage Receiving Station n. Standard Trickling Filter No. 1 o. Standard Trickling Filter No. 2 p. Standard Trickling Filter No. 3 q. Standard Trickling Filter No. 4 r. Redistribution Box S. Relift Pumps t. Intermediate Clarifiers No. 1 U. Intermediate Clarifiers No. 2 V. Intermediate Sludge Pumps W. High Rate Trickling Filter Splitter Box X. High Rate Trickling Filter No. 1 Y. High Rate Trickling Filter No. 2 Z. Disinfection Chemical Storage Tanks aa. Sand Filter Chamber bb. Yard Piping cc. Site Paving dd. Old Pump Building (storage) ee. Flood Pump Building ff. Oil Storage Building gg. Primary Clarifier No.1 hh. Electrical/Breakroom Building Amend. No. 1 Exhibit A Page 2 of 5 Additive Bid Items ii. Chlorine Contact Chamber jj. Non- Potable Pump Building kk. Digester Tanks II. Digester Operations Building mm. Primary Clarifier No.2 nn. Belt Press Building FNI will also develop formal site grading, storm water pollution prevention plans,traffic control plans, seeding and temporary irrigation plans. FNI will compile demolition quantities and prepare Opinion of Probable Construction Costs for both demolition and final site grading improvements. FNI will submit five hard copies of submittal documents (plans and specifications) to the City. Plans will be 11"X17". All documents will also be provided in electronic format (PDF)for review and comment. 8. Pre-final and Final Design: a. Pre-Final and Final Design will include all elements of 60% Design. b. Develop the pre-final design by addressing City formal review comments of 60%design submittal. The Pre-Final submittal will include a plan executive summary, plans, specifications, and up-to-date front-end documents. Provide copy of the documents to the City in electronic format (PDF)for review and comment. c. Develop a revised OPCC for the proposed improvements based on pre-final submittal. d. Hold one (1) review session with City staff to discuss issues and review the pre-final design. e. Address any final comments from the pre-final design submittal prior to finalizing the signed/sealed (IFB) set for submittal to the City for bid. 9. Bid Phase Support: a. Assist City in soliciting qualified contractors to bid on the project. b. Participate in the pre-bid meeting. c. Assist City in securing bids by responding to bidder's requests for information (RFI) during bid phase. Prepare addenda as necessary to address RFls. d. Compile the bid tab, review bids for responsiveness, and provide a bid award recommendation to the City. 10. Construction Phase: Upon completion of the bid phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect City of Corpus Christi in providing these services, however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents)at the Project site or otherwise performing any of the work of the Project. These services are based on the use of FNI Standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract Amend. No. 1 Exhibit A Page 3 of 5 administration procedures are an additional service. If general conditions other than FNI standards are used City of Corpus Christi agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their subconsultants on this project to be listed as an additional insured on contractor's insurance policies. a. Attend the pre-construction meeting and provide an agenda and record and provide meeting minutes. b. Provide general representation services during construction by assisting the City in Submittal review in a manner consistent with the requirements of the construction contract documents. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and test results in accordance with the requirements of the construction contract documents for the projects. c. Attend up to monthly construction progress meetings, and provide an agenda and record and provide meeting minutes. Demolition project is anticipated to be a total of six(6) months. d. Conduct, in company with City's representative, one (1) site visit and final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. e. Revise the construction drawings in accordance with the information furnished by construction Contractor reflecting changes in the Project made during construction.Two (2) sets of prints of"Record Drawings" shall be provided by FNI to the City. Additional Services: This section defines the scope of additional services that may only be included as part of this Contract if authorized by the City. The Consultant may not begin work on any services under this section without specific written authorization from the City. Fees for Additional Services will be negotiated by the City, as required. The Consultant will,with written authorization by the City, perform the following services. 1. Topographical Survey Services 2. Landscape/Irrigation Services Project Schedule: FNI proposed to submit Project submission packages as per the following schedule: 1. 60% Submission 12 weeks upon receiving notice to proceed 2. 90% Submission 8 weeks upon receiving Owner's 60% review comments 3. Pre-Final Submission 3 weeks upon receiving Owner's 90% review comments 4. Issue for Bid submission 1 week upon receiving Owner's Pre-Final comments Fee: Freese and Nichols, Inc. proposes to provide the scope of services listed above for the Lump Sum fee listed below. Basic Services: $277,751.00 Additional Services: $12,696.00 Total Project Fee: $290,447.00 Amend. No. 1 Exhibit A Page 4 of 5 Please feel free to contact me at 361.561.6510 should you have any questions regarding this matter. Respectfully, Ron Guzman, P.E. Principal cc: file Amend. No. 1 Exhibit A Page 5 of 5 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Co� DISCLOSURE OF INTEREST ti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: FREESE AND NICHOLS,INC P. O.BOX: STREET ADDRESS: 800 N SHORELINE BLVD CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A N/A 2. State the names of each "official'of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman,P.E. Title: Vice President/Principal (Type or Print) Signature of Certifying �! Date: March 1, 2018 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Corpus Chr s Engineering Old Broadway Wastewater Treatment Plant Decommissioning Council Presentation June 19, 2018 Project Location 46=40, , Corpus Chr sti Engineering NUECES BAY 51 N SCALE:N.T.S. N, CORPUS CHRISR Q �o Broadway Wastewater Treatment Plant CORPUS CHRISTI BAY W ✓ iss OSO BAY Q CO_U5 nn 13 FLOUR BLUFF =- Project Vicinity Corpus Chr'sti rngin.nring SCALE:U.S. Broadway Wastewater. ] _^VC/ p �¢ Treatment Plant . ► or �,� {tesaca 5t i €•��e �? - el�aakay ., t , _ ,� Project Scope &�4- ) Carpus Chr sti Engineering • This project is 3rd and final phase of Wastewater Facilities Implementation Plan • Project will demolish and remove structures and equipment at Old Broadway Wastewater Treatment Plant • Once all structures have been removed site will be graded and vegetation established Project Schedule &�4- ) Carpus Chr sti Engineering i JUL AUG SEPT OCT NOV DEC JAN FEB !MARMAY APR 2019 2019 Design Bid & Award Project Design Estimate: 8 Months Schedule reflects City Council design award in late June 2018. se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 19, 2018 NCORROP pEO 1852 Action Item for the City Council Meeting of June 26, 2018 DATE: June 19, 2018 TO: Keith Selman, Interim City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations Department LawM(a�cctexas.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 132(acctexas.com (361) 826-3169 Dumpster Collection Services CAPTION: Resolution authorizing a three-year service agreement with K2 Waste Solutions, L.L.C., dba Killian Calderon Disposal, of Corpus Christi, Texas for dumpster collection services for a total amount not to exceed $269,293.14. PURPOSE: This service agreement will provide city-wide dumpster collection services for multiple departments. BACKGROUND AND FINDINGS: Dumpster collection services will be provided to 41 City owned sites located throughout the city. This is a containerized collection service requiring special equipment that would be cost prohibitive for the City to own. Services will be provided on a pre-determined schedule to meet the needs of the various departments requiring this service and non- scheduled collections for special events or emergencies on an as-needed basis. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received three responsive, responsible bids and one nonresponsive bid. Staff is recommending the award to the lowest responsive, responsible bidder, K2 Waste Solutions, LLC, dba Killian Calderon Disposal. 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. DEPARTMENTALCLEARANCES: Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018 Current Year Future Years TOTALS Line Item Budget $1 ,235,188.32 $246,852.04 $1,482,040.36 Encumbered / Expended Amount $889,093.45 $0.00 $889,093.45 This item $22,441.10 $246,852.04 $269,293.14 BALANCE $323,653.77 $0.00 $323,653.77 Fund(s): Various Funds Comments: The initial contract term is a total amount not to exceed $269,293.14, with an estimated expenditure of $22,441.10 is funded in FY2018. The remaining balance of $246,852.04 will be requested in future year's budget. The total contract value will be $269,293.14. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation Resolution authorizing a three-year service agreement with K2 Waste Solutions, L.L.C., dba Killian Calderon Disposal, of Corpus Christi, Texas for dumpster collection services for a total amount not to exceed $269,293.14. WHEREAS, city-wide dumpster collection services will be purchased by the Solid Waste Department; WHEREAS the service agreement will provide city-wide dumpster collection services to multiple departments; WHEREAS, state law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City issued Request for Bids No. 1594 and received three bids for this service with K2 Waste Solutions, L.L.C., dba Killian Calderon Disposal, of Corpus Christi, Texas, as the lowest responsive, responsible bidder; WHEREAS in the event the lowest responsive, responsible bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded items, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement city-wide dumpster collection services for multiple departments. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute a three-year service agreement with K2 Waste Solutions, L.L.C., dba Killian Calderon Disposal, of Corpus Christi, Texas for a total amount not to exceed $269,293.14 for citywide dumpster collection services. Furthermore, in the event that Killian Calderon Disposal fails to execute the contract for the awarded item or fails to perform under a contract for any awarded, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession. 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 Everett Roy Lucy Rubio Greg Smith Page 2 of 2 CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION RFB 1594 BUYER:JOHN ELIZONDO OU MPSTER COLLECTION SERVICES Mark Dunning Industries,Inc Republic Service Killian Calderon Disposal Corpus Christi,TX Corpus Christi,TX Corpus Christi,TX Oty of UNIT TOTAL ANNUAL UNIT TOTAL ANNUAL UNIT TOTAL ANNUAL ITEM DESCRIPTION Dumpster PRICE PRICE MONTHS COST PRICE PRICE MONTHS COST PRICE PRICE MONTHS COST 2 Cubic Yard Containers 1 Twice per week 5 $60.79 $303.95 12 $3,647.40 $59.06 $295.30 12 $3,543.60 $60.76 $303.80 12 $3,645.60 cubic Tara Lockable Uon mere 2 Once per week 1 $30.40 $30.40 12 $364.80 $29.53 $29.53 12 $354.36 $32.88 $32.88 12 $394.56 u m Tara Containers 3 Once every two weeks 1 $45.00 $45.00 12 $540.00 $29.53 $29.53 12 $354.36 $32.88 $32.88 12 $394.56 4 Once perweek 6 $60.79 $364.74 12 $4,376.88 $59.06 $354.36 12 $4,252.32 $60.76 $364.56 12 $4,374.72 5 Twice err 3 $121.58 $364.74 12 $4,376.88 $118.12 $354.36 12 $4,252.32 $111.52 $334.56 12 $4,014.72 u icar oc a e on mers 6 Fivetimes per week 2 $303.97 $607.94 5 $3,039.70 $295.31 $590.62 5 $2,953.10 $278.81 $557.62 5 $2,788.10 7 Six times perweek 2 $364.76 $729.52 7 $5,106.64 $354.37 $708.74 7 $4,961.18 $334.57 $669.14 7 $4,683.98 8 Once perweek 2 $60.79 $121.58 12 $1,458.96 $59.06 $118.12 12 $1,417.44 $60.76 $121.52 12 $1,458.24 9 Twice per week 1 $121.58 $121.58 12 $1,458.96 $118.12 $118.12 12 $1,417.44 $111.52 $111.52 12 $1,338.24 10 Twiceper week 3 $121.58 $364.74 3 $1,094.22 $118.12 $354.36 3 $1,063.08 $111.52 $334.56 3 $1,003.68 Cubic ar ontainers 11 Once perweek 4 $91.19 $364.76 12 $4,377.12 $88.59 $354.36 12 $4,252.32 $88.64 $354.56 12 $4,254.72 12 Once per 1 $91.19 $91.19 4 $364.76 $88.59 $88.59 4 $354.36 $88.64 $88.64 4 $354.56 13 Twice per week 5 $182.38 $911.90 12 $10,942.80 $177.18 $885.90 12 $10,630.80 $167.28 $836.40 12 $10,036.80 14 Three times perweek 1 $273.56 $273.56 12 $3,282.72 $265.78 $265.78 12 $3,189.36 $250.93 $250.93 12 $3,011.16 15 Five times er week 2 $455.95 $911.90 12 $10,942.80 $442.96 $885.92 12 $10,631.04 $413.21 $826.42 12 $9,917.04 Cubm ar oc a e Containers 16Once per week 1 $91.19 $91.19 12 $1,094.28 $88.59 $88.59 12 $1,063.08 $88.64 $88.64 12 $1,063.68 17 Five times per week 1 $455.95 $455.95 5 $2,279.75 $442.96 $442.96 5 $2214.80 $413.21 $413.21 5 $2,066.05 18 8 C Six times ger week 1 $542.14 $542.14 7 $3,794.98 $531.55 $531.55 7 $3720.85 $491.85 $491.85 7 $3,442.95 u is Yam Uontainers 19 Once per week 3 $116.58 $349.74 12 $4,196.88 $118.12 $354.36 12 $4,252.32 $111.52 $334.56 12 $4,014.72 20 Twice per week 2 $238.17 $476.34 12 $5,716.08 $236.24 $472.48 12 $5669.76 $222.04 $444.08 12 $5,328.96 21 Three times per week 1 $359.76 $359.76 12 $4,317.12 $354.37 $354.37 12 $4252.44 $333.57 $333.57 72 $4,002.84 22 Six times per week 1 $724.51 $724.51 12 $8,694.12 $708.73 $708.73 12 $8,504.76 $664.13 $664.73 1 12 E$7,969.56 Nonscheduled Services Oty of UNIT ANNUAL UNIT ANNUAL UNIT ANNUAL ITEM DESCRIPTION Collection PRICE TOTAL COST PRICE TOTAL COST PRICE TOTAL COST 2 Cubic Yard Containers 23 Nonscheduled collection Serivice r container 4 $30.00 $120.00 $120.00 $70.00 $280.00 $280.00 $15.68 $62.72 $62.72 u m ar oc a e o mers 24 Nonscheduled collection Serivice per container 4 $30.00 $120.00 $120.00 $70.00 $280.00 $280.00 $15.68 $62.72 $62.72 -DIC Tara Containers 25 Nonscheduled collection Serivice per container 8 $45.00 $360.00 $360.00 $70.00 $560.00 $560.00 $19.80 $158.40 $158.40 u m ar oc a e Containers 26 Nonscheducollection Serivice r container 3 $45.00 $135.00 $135.00 $70.00 $210.00 $210.00 $19.80 $59.40 $59.40 u led m ar o amers 27 Nonscheduled collection Serivice per container 4 $55.00 $220.00 $220.00 $70.00 $280.00 $280.00 $23.10 $92.40 $92.40 u is Lockable Containers 28 Nonscheduled collection Serivice r container 3 $55.00 $165.00 $165.00 $70.00 $210.00 $210.00 $23.10 $69.30 $69.30 u m ar o amers 29 Nonscheduled collection Serivice per container 4 $65.00 $260.00 $260.00 $70.00 $280.00 $280.00 $25.00 $100.00 $100.00 30 30 Cubic Yard Compactors(Once every two weeks) include delivery,installation,and training 1 $1,100.00 $1,100.00 12 $13,200.00 $535.50 $535.50 12 1 $6,426.00 $550.00 $550.00 12 $6,600.00 31 20 Cubic Yard Roll-off Containers(Once every two weeks) 1 $575.00 $575.00 12 $6,900.00 $285.50 $285.50 12 $3,426.00 3426.00 $250.00 $250.00 12 $3,000.00 ANNUAL TOTALS $106,947.85 $95,257.09 $89,764.38 CONTRACTYEARS 3 3 3 THREE YEAR TOTALS $320,843.55 $285,771.27 $269,293.14 Note:Totals listed above are based on unit pricing. `CC Disposal also submitted a bid but was considered nonresponsive for failure to submit the correct bid form. se SERVICE AGREEMENT NO. 1594 U Dumpster Collection Services HoflPORP�E '.. 1852 THIS Dumpster Collection Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and K2 Waste Solutions, LLC, dba Killian Calderon Disposal ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Dumpster Collection Services in response to Request for Bid/Proposal No. 1594 ("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 Dumpster Collection Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 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-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 $269,293.14, 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 fo Legal Form 12/15/17 Name: Norma Salinas Department: Solid Waste 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 I i (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Norma Salinas Title: Systems Support Coordinator Address:2525 Hygeia, Corpus Christi, TX 78415 Phone: 361-826-1977 Fax: 361-826-4575 IF TO CONTRACTOR: K2 Waste Solutions, LLC, dba Killian Calderon Disposal Attn: Bill Killian Title: Vice President Address: 1726 N Padre Island Dr Corpus Christi, TX 78408 Phone: 361-289-5588 Fax: 480-293-8811 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); I I I Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 i B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law.This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page b of 7 Approved as to Legal Form 12/15/17 i I CONTRACTOR Signature: 4nn 4, Printed Name: !tel L b- (LL-(/ n� Title: yr Date: � J1 o (4 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. 1594 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 ATTACHMENT A - SCOPE OF WORK 4.1 General Requirements/Background Information The Contractor shall provide dumpster route collection services including all labor, materials, tools, and necessary equipment to perform the following service as outlined in this scope of work.The Contractor must be a permitted Solid Waste Hauler and shall comply with all specifications and requirements associated with the City of Corpus Christi Municipal Solid Waste System Service Charge (MSWSSC). 4.2 Scope of Work A. The Contractor will have the responsibility to collect, haul, and dispose of all City waste. B. The Contractor will make the collections in properly identified trucks. C. The Contractor shall dispose of all City waste collected under this contract at: Cefe Valenzuela Landfill 2397 County Road 20, Robstown, TX 78380 D. In some circumstances, a non-scheduled collection may be required. When this situation occurs the Contract Administrator will contact the Contractor, and the Contractor then has 24 hours to collect the waste. E. The Contractor will provide the City with the required containers (See Exhibit A). F. The Contractor must supply the City of Corpus Christi International Airport (See Exhibit A No. 22) a standard 8 cubic yard dumpster and a 30 cubic yard state-of- the-art roll-off self-contained trash compactor, featuring oversized feed openings and expanded container storage capacity. The trash compactor must be designed to store and transport waste and prevent contamination. The Contractor must include delivery, installation, training and service of equipment. Contractor will have 24 hours to respond to calls for servicing the compactor. G. The Contractor shall remain current with all invoices owed to the City for disposal at the Cefe Valenzuela Landfill. The Contractor will be required to maintain a current account with the City for use of the Cefe Valenzuela Landfill. Payments in arrears with the City for use of the Cefe Valenzuela Landfill are grounds for termination. i i f Page 18 of 25 RFB Template Revised 02.27.18 E 4.3 Work Site and Conditions A. The work shall be performed at 41 primary locations throughout the City (See Exhibit A). B. The containers must be kept free of graffiti, damages due to delivery errors, and soiled food products. All containers delivered must be clean and free of odors with leak proof lids in functioning condition. C. Any containers rejected by the City must be corrected or replaced by a suitable container within 48 hours, at no charge to the City, or a replacement will be bought on the open market and any costs incurred, including additional costs over the bid price, shall be paid by the Contractor within thirty days of receipt of the City's invoice. 4.4 City Contract Administrator The Contract Administrator will arrange deliveries, pick-ups and service dates (See Exhibit A). The Contract Administrator shall be the single point of contact for the Contractor for all matters including non-scheduled deliveries, pick-ups, invoicing approvals and shall keep all records pertaining to this contract. The Contract Administrator shall approve all phases of performance and operations under this Contract including authorization for payment. The Contract Administrator may change over time and any such changes will be given to the Contractor in writing. Contract Administrator: Norma Salinas 4.5 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. I i € Page 19 of 25 RFB Template Revised 02.27.18 Exhibit A Location Lockable QTY Size Weekly ' Pickups 1 Police Professional Standards Yes 1 2 cy 1 5805 Williams St., Corpus Christi, TX 78412 Dept. Contacts: Pat Eldridge or Darlene Wilburn Phone: 361-826-2616 2 Broadmoore Senior Center No 1 2 cy 2 1651 Tarlton, Corpus Christi, TX 78416 Dept. Contacts: Margaret Acosta or Rachel Soliz Phone: 361-826-3155 3 Northwest Senior Center No 1 2 cy 2 9725 Up River Rd., Corpus Christi, TX 78410 Dept. Contacts: Margaret Acosta or Rachel Soliz Phone: 361-826-3155 4 Oveal Williams Senior Center No 1 2 cy 2 1414 Martin Luther King, Corpus Christi, TX 78401 Dept. Contacts: Margaret Acosta or Rachel Soliz Phone: 361-826-3155 5 Garden Senior Center No 1 2 cy 2 5325 Greely, Corpus Christi, TX 78412 Dept. Contacts: Margaret Acosta or Rachel Soliz Phone: 361-826-3155 6 Zavala Senior Center No 1 2 cy 2 510 Osage, Corpus Christi, TX 78405 Dept. Contacts: Margaret Acosta or Rachel Soliz Phone: 361-826-3155 7 Police Property Warehouse No 1 4 cy 1 1616 Martin Luther King, Corpus Christi, TX 78412 Dept. Contacts: Pat Eldridge or Darlene Wilburn Phone: 361-826-2616 8 New Police Impound Lot No 1 4 cy 1 5485 Greenwood, Corpus Christi, TX 78417 Dept. Contacts: Pat Eldridge or Darlene Wilburn Phone: 361-826-2616 9 Animal Care Center No 1 4 cy 1 2626 Holly Rd., Corpus Christi, TX 78415 Dept. Contact: Tom Brown Phone: 361-826-4605 Page 20 of 25 RFB Template Revised 02.27.18 Location Lockable QTY Size Weekly Pickups 10 City Warehouse No 1 4 cy 1 5352 Ayers, Bldg. #6, Corpus Christi, TX 78415 Dept. Contact: Robert Presnell Phone: 361-826-1750 11 City Department Signs & Markings N/A 0 N/A 0 5425 Leopard, Corpus Christi, TX 78408 Dept. Contact: Jackie Smith Phone: 361-826-1942 12 City Facility Management & Maintenance No 1 4 cy 1 5352 Ayers Bldg. 3A, Corpus Christi, TX 78415 Dept. Contact: Paul Chatman Phone: 361-826-1984 Cell: 361-331-1065 13 Oso Pool Yes 1 4 cy 1 1109 Bernice, Corpus Christi, TX 78412 Dept. Contact: Rozella Puente Phone: 361-826-3468 14 Cultural Services Heritage Park No 1 6 cy 2 1521 N Chaparral, Corpus Christi, TX 78401 Dept. Contact: Laura Jasso Phone: 361-826-3417 15 Central Library No 1 4 cy 2 805 Comanche, Corpus Christi, TX 78401 Dept. Contact: Gabby Salazar Phone: 361-826-7015 16 Greenwood Senior Center No 1 4 cy 2 4040 Greenwood Dr., Corpus Christi, TX 78416 Dept. Contact: Rachel Soliz Phone: 361-826-3155 17 Lindale Senior Center No 1 4 cy 2 3135 Swanter, Corpus Christi, TX 78412 Dept. Contact: Rachel Soliz Phone: 361-826-3155 18 Ethel Eyerly Senior Center No 1 4 cy 2 654 Graham, Corpus Christi, TX 78418 Dept. Contact: Rachel Soliz Phone: 361- 826-3155 19 Collier Pool No 1 4 cy 2 3801 Harris Dr., Corpus Christi, TX 78411 Dept. Contact: Ashley Rioux Phone: 361-826-3471 i Page 21 of 25 RFB Template Revised 02.27.18 i I E Location Lockable QTY Size Weekly Pickups 20 Marina - Lawrence St. T-Head Yes 1 4 cy 5x Oct-Feb Shoreline Blvd., Corpus Christi, TX 78401 6x Mar-Sep Dept. Contact: Cherie Gutierrez Phone: 361-826-3980 21 Marina - People St. T-Head Yes 1 4 cy 5x Oct-Feb Shoreline Blvd., Corpus Christi, TX 78401 6x Mar-Sep Dept. Contact: Cherie Gutierrez Phone: 361-826-3980 22 Airport Custodial Maintenance No 1 8 cy 1 1000 International Dr., Corpus Christi, TX 78406 Refer to Scope of Work Subsection 4.2 F for details 30 cy Once every Dept. Contact: Rose Rodriguez 1 Tush 2 weeks Phone: 361-289-0171 ext. 1217 Compactor 23 Airport Rental Car No 2 6 cy 1 474 Pinson Dr. Corpus Christi, TX 78406 Dept. Contact: Rose Rodriguez Phone: 361-289-0171 ext. 1217 24 H.E.B. Pool No 1 6 cy 1 1520 Shelly St., Corpus Christi, TX 78404 Dept. Contact: Clayton Garland Phone: 361-826-3482 25 Greenwood Pool No 1 6 cy 1 4305 Greenwood Dr., Corpus Christi, TX 78416 mid-May to Dept. Contact: Ashley Rioux mid-August Phone: 361-826-3471 26 Greenwood Park Yes 1 6 cy 1 4501 Greenwood Dr. Corpus Christi, TX 78416 Dept. Contact: Clayton Garland Phone: 361-826-3482 27 Museum No 1 6 cy 2 1900 N. Chaparral, Corpus Christi, TX 78401 Dept. Contact: Susanne Clark Phone: 361-884-8857 28 City Fleet Maintenance No 1 6 cy 2 5352 Ayers Bldg. #3B Corpus Christi, TX 78415 Dept. Contact: Victor Mondragon Phone: 361-826-1912 29 City Department Services Frost Bank Building No 1 6 cy 2 2406 Leopard St., Corpus Christi, TX 78408 Dept. Contact: Paul Chatman Phone: 361-826-1984 Cell: 361-331-1065 Page 22 of 25 RFB Template Revised 02.27.18 Location Lockable QTY Size Weekly Pickups 30 O.N. Stevens Water Treatment Plant No 1 6 cy 2 13101 Leopard St., Corpus Christi, TX 78410 Dept. Contact: Diana Garza Phone: 361-826-1827 31 Central Kitchen No 1 6 cy 3 4101-A Old Brownsville Rd., Corpus Christi, TX 78405 Dept. Contact: Connie Reschman Phone: 361-826-4123 32 Marina - L Head Yes 1 6 cy 5x Oct-Feb Shoreline Blvd., Corpus Christi, TX 78401 6x Mar-Sep Dept. Contact: Cherie Gutierrez Phone: 361-826-3980 33 City Hall No 2 6 cy 5 1201 Leopard St., Corpus Christi, TX 78401 Dept. Contact: Paul Chatman Phone: 361-826-1984 Cell: 361-331-1065 34 Health Office Building No 1 8 cy 1 1702 Horne Rd., Corpus Christi, TX 78415 Dept. Contact: Antwine Charles Phone: 361-826-7324 35 City Street Department No 1 8 cy 1 2525 Hygeia, Corpus Christi, TX 78415 Dept. Contact: Jackie Smith Phone: 361-826-1942 36 City Utilities Department No 1 8 cy 2 2726 Holly Rd., Corpus Christi, TX 78415 Dept. Contact: Joanna Moreno Phone: 361-826-1649 37 City Motor Pool Police Department No 1 8 cy 2 5352 Ayers Bldg. #5, Corpus Christi, TX 78415 Dept. Contact: Pat Eldridge or Darlene Wilburn Phone: 361-886-2616 38 Gas Department No 1 8 cy 3 4225 S. Port Ave., Corpus Christi, TX 78415 Dept. Contact: Michelle Dalton Phone: 361-826-3962 39 Police Main Station M&O No 1 8 cy 6 321 John Sartain, Corpus Christi, TX 78401 Dept. Contact: Pat Eldridge or Darlene Wilburn Phone: 361-886-2616 Page 23 of 25 RFB Template Revised 02.27.18 Location Lockable QTY Size Weekly Pickups 40 O.N. Stevens Water Treatment Plant No 1 20 cy Once every 13101 Leopard St., Corpus Christi, TX 78410 roll 2 weeks Dept. Contact: Diana Garza off Phone: 361-826-1827 41 Oso Bay Wetlands Preserve No 1 6 cy 1 2446 N. Oso Parkway, Corpus Christi, TX 78414 Dept. Contact: Sara Jose Phone: 361-826-3484 42 Police Shooting Range No 1 4 cy Once every 9601 Hearns Ferry Rd., Corpus Christi, TX 78410 2 weeks Contract Administrator: Pat Eldridge/Darlene Wilburn Phone: 361-886-2616 43 Police Public Safety Warehouse No 1 4 cy 1 1501 Holly Rd., Corpus Christi, TX 78417 Contract Administrator: Pat Eldridge/Darlene Wilburn Phone: 361-886-2616 44 Ben Garza Gym Yes 1 4 cy 2 1815 Howard, Corpus Christi, TX 78418 June - Contract Administrator: Clayton Garland August Phone: 361-826-3482 45 Undale Recreation Center Yes 1 4 cy 2 3133 Swantner, Corpus Christi, TX 78404 June - Contract Administrator: Rozella Puente August Phone 361-826-3468 46 Oak Park Recreation Center Yes 1 4 cy 2 842 Erwin, Corpus Christi, TX 78405 June - Contract Administrator: Rozella Puente August Phone: 361-826-3468 Page 24 of 25 RFB Template Revised 02.27.18 ATTACHMENT B-BID/PRICING SCHEDULE RFB 1594-DUMPSTER COLLECTION SERVICES CITY OF CORPUS CHRISTI K2 WASTE SOLUTINS,LLC,dba PURCHASING DIVISION KILLIAN CALDERON DISPOSAL BUYER:JOHN ELIZONDO CORPUS CHRISTI,TX Qty of UNIT TOTAL ANNUAL ITEM DESCRIPTION Dumpster PRICE PRICE MONTHS COST 2 Cubic Yard Containers 1 Twice per week 5 $60.76 $303.80 12 $3,645.60 2 Cubic Yard Lockable Containers 2 Once per week 1 $32.88 $32.88 12 $394.56 4 Cubic Yard Containers 3 Once every two weeks 1 $32.88 $32.88 12 $394.56 4 Once per week 6 $60.76 $364.56 12 $4,374.72 5 Twice per week 3 $111.52 $334.56 12 $4,014.72 4 Cubic YardLockable'Containers 6 Five times per week 2 $278.81 $557.62 5 $2,788.10 7 Six times per week 2 $334.57 $669.14 7 $4,683.98 8 Once per week 2 $60.76 $121.52 12 $1,458.24 9 Twice per week 1 $111.52 $111.52 12 $1,338.24 10 Twice per week 3 $111.52 $334.56 3 $1,003.68 6 Cubic Yard Containers 11 Once per week 4 $88.64 $354.56 12 $4,254.72 12 Once per week 1 $88.64 $88.64 4 $354.56 13 Twice per week 5 $167.28 $836.40 12 $10,036.80 14 Three times per week 1 $250.93 $250.93 12 $3,011.16 15 Five times per week 2 $413.21 $826.42 12 $9,917.04 6 Cubic Yard Lockable Containers 16 Once per week 1 $88.64 $88.64 12 $1,063.68 17 Five times per week 1 $413.21 $413.21 5 $2,066.05 18 Six times per week 1 $491.85 $491.85 7 $3,442.95 8 Cubic Yard Containers 19 Once per week 3 $111.52 $334.56 12 $4,014.72 20 Twice per week 2 $222.04 $444.08 12 $5,328.96 21 Three times per week 1 $333.57 $333.57 12 $4,002.84 22 Six times per week 1 $664.13 $664.13 12 $7,969.56 Non-Scheduled Services Qty of UNIT ANNUAL ITEM DESCRIPTION Collection PRICE TOTAL COST 2 Cubic Yard;Containers 23 Non-Scheduled collection Serivice per container 4 $15.68 $62.72 $62.72 2 Cubic Yard Lockable'Containers 24 Non-Scheduled collection Serivice per container 4 $15.68 $62.72 $62.72 4 Cubic Yard Containers 25 Non-Scheduled collection Serivice per container 8 $19.80 $158.40 $158.40 4;cubic`Yard Lockable Containers 26 Non-Scheduled collection Serivice per container 3 $19.80 $59.40 $59.40 6 Cubic Yard Containers 27 Non-Scheduled collection Serivice per container 4 $23.10 $92.40 $92.40 6 Cubic Lockable Containers 28 Non-Scheduled collection Serivice per container 3 $23.10 $69.30 $69.30 8 Cubic Yard Containers 29 Non-Scheduled collection Serivice per container 4 $25.00 $100.00 $100.00 30 30 Cubic Yard Compactors(Once every two weeks) include delivery,installation,and training 1 $550.001 $550.00 12 $6,600.00 31 20 Cubic Yard Roll-off Containers(Once every two weeks) 1 $250.00 $250.00 12 $3,000.00 ANNUAL TOTALS $89,764.38 CONTRACT YEARS 3 THREE YEAR TOTALS $269,293.14 Note:Total listed above is based on unit pricing. I ATTACHMENT C -INSURANCE AND BOND REQUIREMENTS L 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 (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 Per occurrence - aggregate 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 of this (All States Endorsement if Company is 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; • 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. L 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 Dumpster Services 03/15/2018 sw Risk Management Valid Through 12/31/2018 BOND REQUIREMENTS: No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. Attachment D - Warranty Requirements Section 8. is null for this Service Agreement. Page 1 of 1 se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 19, 2018 NCORROP pEO 1852 Action Item for the City Council Meeting of June 26, 2018 DATE: June 9, 2018 TO: Keith Selman, Interim City Manager FROM: Kim Womack, Communication Director KimW cj�cctexas.com (361) 826-3211 Kim Baker, Assistant Director of Finance — Purchasing Division KimB26a�cctexas.com (361) 826-3169 Service Agreement for Legislative Management Software CAPTION: Motion approving a three-year Service Agreement for Legislative Management Software (Granicus) with Carahsoft Technology Corporation of Reston, Virginia for a total not to exceed amount of $222,682.62, procured in accordance with the Texas Department of Information Resources contract. PURPOSE: The purpose of this agenda item is to appropriate funds to execute a service agreement for Legislative Management software. BACKGROUND AND FINDINGS: In 2006, the City of Corpus Christi contracted with Granicus for the first time to provide web based video streaming and on-demand video replay of City Council meetings along with basic agenda integration. The contract was amended in 2011 to include a video Learning Management System which was subsequently cancelled. Communications took over E-Government contracts and Granicus services were maintained until a comprehensive review could occur. In the process of reviewing the services, staff determined Granicus services had been expanded to include Legistar (electronic agenda management), Boards & Commissions (web based recruitment and application management), Meeting Efficiency (meeting minutes/tools) and Open Platform (planning forum). The expansion of the Granicus products was approved by previous City management but not until invoices were pulled and contracts analyzed did staff realize three different departments were involved in the procurement and the $50,000 threshold for City Council approval had not occurred. Based on these findings, the Finance Department, City Secretary's Office, Information Technology Department, and Communication Department met to determine options for correcting the situation. The initial discussion included cancelling Open Platform, as it had not been fully integrated, move the web video stream service, and look at other solutions for Legistar, Meeting Efficiency and Boards/Commissions on a case-by-case basis. Staff immediately cancelled open platform and began research. After extensive research staff found that Granicus continues to be the leader in this sector of government communications with their solutions being used by many municipalities around the country. Staff began contract negotiations with Carahsoft under the Texas Department of Information Resources contract TSO 3149 which includes the Granicus products to continue the services at a reasonable price. Negotiations concluded and an agreement was reached May 11, 2018 to allow this item to move forward for recommended award. ALTERNATIVES: Cancel Granicus services including web-based video stream, Legistar, ilegislate, Boards & Commissions and Meeting Efficiency. Move to multiple alternative vendors for an increased cost and fewer features. DECISION FACTORS: There were four factors determining the continuing use of the Granicus Solution: 1) other vendor solutions would require expensive add-ons or work arounds resulting in little to no savings; 2) other vendor solutions could not provide same level of live closed captioning options for accessible communications; 3) pricing for Granicus has remained stable since 2006; and 4) our citizens have come to expect an integrated information solution for City Council information. 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: Communications, Information Technology Services, City Secretary's Office, City Manager's Office, and Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $1,398,053.51 $73,558.14 $1,398,053.51 Encumbered / Expended Amount $0.00 $0.00 This item $73,558.14 $149,124.48 $222,682.62 BALANCE $1,324,495.37 $222,682.62 $1,175,370.89 Fund(s): Information Technology Comments: RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement SC 0 > SERVICE AGREEMENT NO. 1098 U Agenda Management Software bO RPOR Af� 1852 THIS Agenda Management Software Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Carahsoft Technology Corporation, ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Agenda Management Software 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 Agenda Management Software ("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 thirty-six 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 no additional optional-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 $222,682.62, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Kim Womack Department: Communication Phone: 361 .826.3210 Email: kimwCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Kim Womack Title: Director of Communication Address: 1201 Leopard St, 5th Floor, Corpus Christi, Texas 78401 Phone: 361 .826.3210 Fax: n/a IF TO CONTRACTOR: Carahsoft Attn: Lorin Hicks Title: Account Manager Address: 1860 Michael Faraday Drive, Suite 100, Reston VA 20190 Phone: 703.889.9737 Fax: 703.871 .8505 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: Kristina Smith Title: Contracts Manager Date: May 11, 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. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A - Scope of Work Agenda Management Software 1.0 Scope of Work A. Granicus will provide Agenda Management Software to include the following products as detailed in Attacment B Schedule of Pricing: a. Virtual Performance Accelerator b. Boards and Commissions c. Meeting Efficiency Suite d. Government Transparency Suite e. Open Platform Suite f. Template - Sectioned View Page g. Legistar h. Performance Accelerator Suite Attachment B - Schedule of Pricing See attached quote GOVERNMENT- PRICE QUOTATION carahsoft Granicus at Carahsoft GRAN ICUS 1860 MICHAEL FARADAY DRIVE I SUITE 100 RESTON,VIRGINIA 20190 G PHONE(703)871-8500 1 FAX(703)871-8505 TOLL FREE(888)66CARAH WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM TO: Kim Baker FROM: Lorin Hicks Assist Director of Financial Services Granicus Government at Carahsoft City of Corpus Christi 1860 Michael Faraday Drive Corpus Christi,TX USA Suite 100 Reston,Virginia 20190 EMAIL: KimB2@cctexas.com EMAIL: Lorin.Hicks@Carahsoft.com PHONE: (361)826-3169 PHONE: (703)889-9737 FAX: (703)871-8505 TERMS: DIR Contract No.DIR-TSO-3149 QUOTE NO: 11462018 Expiration Date:June 22,2018 QUOTE DATE: 03/1612018 FTIN:52-2189693 Shipping Point:FOB Destination QUOTE EXPIRES: 05/15/2018 Credit Cards:VISA/MasterCard/AMEX RFQ NO: Remit To:Same as Above SHIPPING: GROUND Payment Terms:Net 30(On Approved Credit) TOTAL PRICE: $73,558.14 Texas VID#:1522189693700 Sales Tax May Apply TOTAL QUOTE: $73,558.14 LINE NO. PART NO. DESCRIPTION QUOTE PRICE QTY EXTENDED PRICE ONE-TIME FEE 1 2642-271-101257 Performance Accelerator Advanced Package $1,140.00 TX DIR 1 $1,140.00 Hardware;Requires US Shipping for Large Hardware Item;Includes remote hardware configuration and deployment services Granicus-PAS-GR-246APHW Start Date:05/01/2018 End Date:04/30/2019 ONE-TIME FEE SUBTOTAL: $1,140.00 YEAR ONE ANNUAL SUBSCRIPTION FEE 2 2642-271-101261 Boards and Commissions City bundle enables $17,251.70 TX DIR 1 $17,251.70 automation and management of the citizen advisory boards and commissions workflow for cities-Annual Fee Tier 8 Granicus-SAS-SE-DS-BCCI-8 Start Date:05/01/2018 End Date:04/30/2019 3 2642-271-101247 Meeting Efficiency Suite Minutes Package $12,373.36 TX DIR 1 $12,373.36 Annual Subscription Granicus-MES-GR-246MP Start Date:05/01/2018 End Date:04/30/2019 4 2642-271-101258 Government Transparency Accelerator Package $15,761.30 TX DIR 1 $15,761.30 Annual Subscription Granicus-GTS-GR-246AP Start Date:05101/2018 End Date:04/30/2019 5 2642-271-101262 Granicus Template—Sectioned View Page—12 $589.20 TX DIR 1 $589.20 Month Granicus-SAS6103 Start Date:05/01/2018 End Date:04/30/2019 CONFIDENTIAL QUOTE DATE: 0311 612 01 8 PAGE 1 of 3 QUOTE NO: 11462018 carahsoft GOVERNMENT- PRICE QUOTATION Granicus at Carahsoft G� G R A N I C U S 1860 MICHAEL FARADAY DRIVE I SUITE 100 1 RESTON,VIRGINIA 20190 PHONE(703)871-8500 1 FAX(703)871-8505 1 TOLL FREE(888)66CARAH WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE 6 2642-271-101244 Legistar Open Platform Package Annual $22,979.10 TX DIR 1 $22,979.10 Subscription Granicus-LEG-GR-2460P Start Date:05/01/2018 End Date:04/30/2019 7 2642-271-101256 Performance Accelerator Advanced Packge $3,463.48 TX DIR 1 $3,463.48 Annual Subscription Granicus-PAS-GR-246AP Start Date:05/01/2018 End Date:04/30/2019 YEAR ONE ANNUAL SUBSCRIPTION FEE SUBTOTAL: $72,418.14 SUBTOTAL: $73,558.14 TOTAL PRICE: $73,558.14 TOTAL QUOTE: $73,558.14 SUGGESTED OPTIONS LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE YEAR TWO ANNUAL SUBSCRIPTION FEE 8 2642-271-101261 Boards and Commissions City bundle enables $17,424.22 TX DIR 1 $17,424.22 automation and management of the citizen advisory boards and commissions workflow for cities-Annual Fee Tier 8 Granicus-SAS-SE-DS-BCCI-8 Start Date:05/01/2019 End Date:04/30/2020 9 2642-271-101247 Meeting Efficiency Suite Minutes Package $12,497.10 TX DIR 1 $12,497.10 Annual Subscription Granicus-MES-GR-246MP Start Date:05/01/2019 End Date:04/30/2020 10 2642-271-101258 Government Transparency Accelerator Package $15,918.92 TX DIR 1 $15,918.92 Annual Subscription Granicus-GTS-GR-246AP Start Date:05/01/2019 End Date:04/30/2020 11 2642-271-101262 Granicus Template—Sectioned View Page—12 $595.09 TX DIR 1 $595.09 Month Granicus-SAS6103 Start Date:05/01/2019 End Date:04/30/2020 12 2642-271-101244 Legistar Open Platform Package Annual $23,208.89 TX DIR 1 $23,208.89 Subscription Granicus-LEG-GR-2460P Start Date:05/01/2019 End Date:04/30/2020 13 2642-271-101256 Performance Accelerator Advanced Packge $3,816.12 TX DIR 1 $3,816.12 Annual Subscription Granicus-PAS-GR-246AP Start Date:05/01/2019 End Date:04/30/2020 CONFIDENTIAL QUOTE DATE: 03/16/2018 PAGE 2 of 3 QUOTE NO: 11462018 carahsoft GOVERNMENT- PRICE QUOTATION Granicus at Carahsoft 1860 MICHAEL FARADAY DRIVE I SUITE 100 1 RESTON,VIRGINIA 20190 PHONE(703)871-8500 1 FAX(703)871-8505 1 TOLL FREE(888)66CARAH WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE YEAR TWO ANNUAL SUBSCRIPTION FEE SUBTOTAL: $73,460.34 YEAR THREE ANNUAL SUBSCRIPTION FEE 14 2642-271-101261 Boards and Commissions City bundle enables $17,946.94 TX DIR 1 $17,946.94 automation and management of the citizen advisory boards and commissions workflow for cities-Annual Fee Tier 8 Granicus-SAS-SE-DS-BCCI-8 Start Date:05/01/2020 End Date:04/30/2021 15 2642-271-101247 Meeting Efficiency Suite Minutes Package $12,872.01 TX DIR 1 $12,872.01 Annual Subscription Granicus-MES-GR-246MP Start Date:05/01/2020 End Date:04/30/2021 16 2642-271-101258 Government Transparency Accelerator Package $16,396.48 TX DIR 1 $16,396.48 Annual Subscription Granicus-GTS-GR-246AP Start Date:05/01/2020 End Date:04/30/2021 17 2642-271-101262 Granicus Template—Sectioned View Page—12 $612.95 TX DIR 1 $612.95 Month Granicus-SAS6103 Start Date:05/01/2020 End Date:04/30/2021 18 2642-271-101244 Legistar Open Platform Package Annual $23,905.16 TX DIR 1 $23,905.16 Subscription Granicus-LEG-GR-2460P Start Date:05/01/2020 End Date:04/30/2021 19 2642-271-101256 Performance Accelerator Advanced Packge $3,930.60 TX DIR 1 $3,930.60 Annual Subscription Granicus-PAS-GR-246AP Start Date:05/01/2020 End Date:04/30/2021 YEAR THREE ANNUAL SUBSCRIPTION FEE SUBTOTAL: $75,664.14 SUGGESTED SUBTOTAL: $149,124.48 CONFIDENTIAL QUOTE DATE: 03/16/2018 PAGE 3 of 3 QUOTE NO: 11462018 Procurement Vehicle:Carahsoft Texas Department of Information Resources(DIR) In Support of:Corpus Christi,TX GC7 GRAN I C _U S Quote Number: Q-23972 Granicus Contact: Quote Prepared On: 4/30/2018 Name: Erin Martin Quote Valid Through: 5/31/2018 Phone: +16514929844 Payment Terms: Net 30 Email: erin.martin@granicus.com The Agreement shall commence on 5.1.2018 and continue for three (3)years. Product Name Product Description Invoice Quantity One-Time Total Schedule Virtual Remote configuration and deployment of the Virtual Performance Performance Accelerator on either client hardware or Accelerator Granicus Encoder. Virtual Performance Accelerator is used to distribute video/indexing/documents within a Up Front 1 Each $1,140.00 local network. This distribution is utilized to eliminate the bandwidth impact local viewers would have accessing data from the Granicus Data Center. Total $1,140.00 iiiijiiiiiiiil 1111111111111111111111 jl�i 111111111 Product Name Product Description Invoice Quantity Annual Total Schedule Boards and Boards and Commissions is a Software-as-a-Service (SaaS) Annual 1 Each $17,251.70 Commissions solution that enables government organizations to simplify the citizen application and appointment to boards process of the clerk's office. Boards and Commissions includes: •Unlimited user accounts •Unlimited boards,commissions,committees,and subcommittees •Unlimited storage of citizen applications •Access to one Granicus platform site •Access to one Boards and Commissions site •Access to customizable,embeddable iFrame websites for displaying information to citizens •Access to a customizable online citizen application form including board-specific questions •Customizable forms for board details,appointment details, and internal tracking details •Pre-designed document PDFs for applications, board details and rosters,and vacancy reports •Downloadable spreadsheets for easy reporting •Optional custom templates for document or report generation (additional upfront charge applies) Q-23972:4/30/2018 Page 1 Procurement Vehicle:Carahsoft Texas Department of Information Resources(DIR) In Support of:Corpus Christi,TX Product Name Product Description Invoice Quantity Annual Total Schedule Meeting Efficiency Meeting Efficiency is a hybrid Software-as-a-Service (SaaS) Annual 1 Each $12,373.36 Suite and Hardware-as-a-Service (HaaS)solution that enables government organizations to simplify the in-meeting management and post-meeting minutes creation processes of the clerk's office. By leveraging this solution,the client will be able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During a meeting, record roll calls, motions,votes, notes,and speakers,all indexed with video. Use the index points to quickly edit minutes, templates to format in Microsoft Word or HTML,and publish online with the click of a button. Meeting Efficiency includes: •Unlimited user accounts •Unlimited meeting bodies •Unlimited storage of minutes documents •Access to one Granicus platform site •Access to the LiveManager software application for recording information during meetings •Access to the Word Add-in software component for minutes formatting in MS Word if desired •One MS Word or HTML minutes template(additional templates can be purchased if needed) Government Government Transparency are the live in-meeting functions. Annual 1 Each $15,761.30 Transparency Suite Streaming of an event, pushing of documents, indexing of event,creation of minutes. Open Platform Open Platform is access to MediaManager, upload of Annual 1 Each $0.00 Suite archives,ability to post agendas/documents,and index of archives.These are able to be published and accessible through a searchable view page. Template - Annual 1 Each $589.20 Sectioned View Page Legistar Legistar is a Software-as-a-Service (SaaS)solution that Annual 1 Each $22,979.10 enables government organizations to automate the entire Legislative process of the clerk's office. By leveraging Legistar,the client will be able to easily manage the entire legislative process from drafting files,through assignment to various departments,to final approval. Legistar includes: •Unlimited user accounts •Unlimited meeting bodies and meeting types •Unlimited data storage and retention •Configuration services for one meeting body type •One Legistar database •One In Site web portal •Design services for one agenda report template •Design services for one minute's report template Q-23972:4/30/2018 Page 2 Procurement Vehicle:Carahsoft Texas Department of Information Resources(DIR) In Support of:Corpus Christi,TX Product Name Product Description Invoice Quantity Annual Total Schedule Performance Performance Accelerator Suite provides the ability to utilize Prorated 1 Each $3,463.48 Accelerator Suite* the performance accelerator within a network. Requires Annual Performance Accelerator or Virtual Performance Accelerator Fee for to distribute video/indexing/documents within a local the network. This distribution is utilized to eliminate the period of bandwidth impact local viewers would have accessing data .1.2018— from the Granicus Data Center. 4 4.30.2019 Total $72,418.14 Product Name Year Two Year Three Boards and Commissions $ 17,424.22 $ 17,946.94 Meeting Efficiency Suite $ 12,497.10 $ 12,872.01 Government Transparency Suite $ 15,918.92 $ 16,396.48 Open Platform Suite $ 0.00 $0.00 Template -Sectioned View Page $ 595.09 $ 612.95 Legistar $ 23,208.89 $ 23,905.16 Performance Accelerator Suite $ 3,816.12 $ 3,930.60 TOTAL: $ 73,460.34 $75,664.14 hL • Link to State& Local Terms: https://granicus.com/pdfs/Master Subscription Agreement.pdf • Payment terms: net 30 •Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. •This quote is exclusive of applicable state, local, and federal taxes,which, if any,will be included in the invoice. It is the responsibility of Corpus Christi,TX to provide applicable exemption certificate(s). • If submitting a Purchase Order instead of signing the quote, please include the following language:All pricing, terms and conditions of quote Q-13893 are incorporated into this Purchase Order. Q-23972:4/30/2015 Page 3 Attachment C - Insurance Requirements Not applicable to this Agreement. Attachment D - Warranty Not applicable to this Agreement. SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of June 19, 2018 DATE: June 13, 2018 TO: Keith Selman, Interim City Manager FROM- Gina Sanchez, Marina Superintendent ginas(aD-cctexas.com 361-826-3983 Caravel Replica Nina Ship Ownership STAFF PRESENTER(S): Name Title/Position Department 1. Gina Sanchez Marina Superintendent Marina 2. Rene Garza Dock Master Marina OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Kim Mrazek President Columbus Sailing Association 2. Ron Mrazek Vice President Columbus Sailing Association BACKGROUND : To authorize Columbus Sailing Association to solicit new ownership and relocation of the Nina Columbus ship. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Nina Columbus Ship Presentation 6.19.18 S C.)4 j SARIS¢' Caravel Replica Nina Ship Ownership Council Presentation June 19, 2018 A;s C� Caravel Replica Nina Ship �¢e ��� �A RISA 14 c 5' '•: II �� r � a 4y S'Qj 1 History of the Nina rt-t ARIT�P • The Nina has been moved to various locations throughout the Corpus Christi Marina over the past few years. It has remained in its current location for approximately five years at the Lawrence Street T-Head. • The Nina was built in 1990 and is about 28 years old. • In 2010, City Council leased the Nina to the Columbus Sailing Association (CSA) with a 15 year term. They committed to restoring the vessel to its prior glory. • Complications from "Hurricane Harvey" sank the Nina in 2017. • November 2017, CSA created a four phase repair plan for the Nina: — Phase 1 Raising the Nina (completed) — Phase 2 Tow the Nina — Phase 3 Repairs at the Boat Yard — Phase 4 Tow the Nina back to Marina • In December 2017, the Nina was raised after being under water for five months. There was much damage to the ship. Aquatic worms created many soft spots throughout and barnacles have consumed much of the ship. 4�Us cq�� Submersion Damage I I I � 6 4 Submersion Damage — `�ARINP s l `Qasus cti� i Damage 85Z y , o'! History of the Nina (continued) 4y ARIT4P • After eight years, only three members of the Columbus Sailing Association remain. They are no longer able to conduct the regular maintenance required of the Nina especially in lieu of recent damages. • CSA's goal has been to save and preserve the Nina for historical and educational purposes. • On May 16, 2018, CSA approached the City requesting permission to pursue other opportunities for the Nina. • Three separate interested parties have been identified who could assume ownership and restore the iconic replica. 4 Is Recommendation Motion of Direction to the Interim City Manager to authorize Columbus Sailing Association, for a period of five months, to solicit offers of new ownership and possible relocation of the Caravel Replica Nina ship, subject to final City of Corpus Christi review and acceptance of such offers, with all such offers to be presented to the City Manager no later than December 1, 2018. ' S'S c Questions? SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of June 19, 2018 DATE: June 14, 2018 TO: Mayor and Council Hillcrest Washington-Coles Voluntary Acquisition and Relocation Program Update OUTSIDE PRESENTERL!i Name Title/Position Organization 1. Sean Strawbridge Chief Executive Officer Port of Corpus Christi BACKGROUND: Mr. Sean Strawbridge will give an update on the Hillcrest Washington-Coles Voluntary Acquisition and Relocation Program. LIST OF SUPPORTING DOCUMENTS: Not included in packet.