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Agenda Packet City Council - 07/17/2018
City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 ' cctexas.com Meeting Agenda - Final City Council Tuesday,July 17,2018 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 Ely Perez, Bridgeway Church. C. Pledge of Allegiance to the Flag of the United States to be led by Buck Brice, Assistant City Attorney. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0835 Proclamation declaring July 16 - July 20, 2018, "National Disability Voter Registration Week". Proclamation declaring July 21, 2018, "Mandela Day". Proclamation declaring July 2018, "National Parks and Recreation Month". Recognition of Mayor's "4th of July Big Bang Celebration" Regatta Winners. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: City of Corpus Christi Page 1 Printed on 7/16/2018 City Council Meeting Agenda-Final July 17,2018 a. STRATEGIC FUTURE ISSUES (NONE) b. HEALTH FUND UPDATE C. 18-0840 BUDGET UPDATE Attachments: May 2018 Monthly Report for Council d. CITY PERFORMANCE REPORT- CODE ENFORCEMENT e. OTHER G. MINUTES: 2. 18-0785 Regular Meeting of June 26, 2018 and Workshop Sessions of June 21, 2018 and June 28, 2018. Attachments: Minutes-June 26, 2018 Minutes-June 21, 2018 Workshop Minutes-June 28, 2018 Workshop H. BOARD &COMMITTEE APPOINTMENTS: 3. 18-0678 Committee for Persons with Disabilities Landmark Commission Planning Commission Airport Zoning Commission Attachments: Committee for Persons with Disabilities Landmark Commission Planning Commission Airport Zoning 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. City of Corpus Christi Page 2 Printed on 7/16/2018 City Council Meeting Agenda-Final July 17,2018 J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 - 10) 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. 18-0747 Resolution authorizing submission of grant application for Automobile Burglary Theft Prevention Authority Resolution authorizing submission of grant application for $410,973 to Automobile Burglary Theft Prevention Authority to continue motor vehicle theft enforcement grant with City cash match of$673,711, in-kind match of $61,105, and program income match of$1,831 for a total project cost of $1,147,620. City of Corpus Christi Page 3 Printed on 7/16/2018 City Council Meeting Agenda-Final July 17,2018 Attachments: Agenda Memo-ATPA grant application 06.26.2018 Resolution -ABTPA Grant 2018 5. 18-0524 Resolution for the purchase of nine Crispin butterfly valves for O.N. Stevens Water Treatment Plant - Sole Source Resolution authorizing the purchase of nine Crispin valves from Municipal Valve and Equipment Company from Addison, Texas for a total amount not to exceed $145,854.00. Attachments: Agenda Memo-Crispin Valves Resolution Sole Source-Crispin Valves Price Sheet-Crispin Valves 6. 18-0749 Two Construction Contracts for Community Development and Improvements - Bill Witt Park (Bond 2012, Proposition 4) Motion authorizing a construction contract with ABBA Construction LLC of Laredo, Texas in the amount of$282,999.75 for Base Bid A and a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of$572,533.22 for Base Bid B for Community Park Development and Improvements - Bill Witt Park project. (Bond 2012, Proposition 4). Attachments: Agenda Memo- Bill Witt Park Prosect Budget- Bill Witt Park Location Map Bill Witt Park Presentation Bill Witt Park Letter of Recommendation of Award of Contract- Re-Bid 7. 18-0697 Second Reading Ordinance - Rezoning for a Property located at or near 9630 Compton Road (1st Reading 6/26/18) Case No. 0518-01 Suncrest Construction, Inc: Ordinance rezoning property at or near 9630 Compton Road from "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District. Planning Commission and Staff Recommendation (May 16, 2018): Approval of the change of zoning from the "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District. Attachments: Agenda Memo 0518-01 Suncrest Construction, Inc Ordinance 0518-01 Suncrest Construction, Inc with Exhibit CC Report 0518-01 Suncrest Construction, Inc with Exhibits Presentation 0518-01 Suncrest Construction, Inc. City of Corpus Christi Page 4 Printed on 7/16/2018 City Council Meeting Agenda-Final July 17,2018 8. 18-0719 Second Reading Ordinance -Accepting and appropriating State grant funds for the contract period of October 1, 2018 through September 30, 2019 (1st Reading 6/26/18) Ordinance accepting an amendment to the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities grant in the amount of $50,000, increasing the total amount to $200,000, from the Texas Department of State Health Services to continue implementing systems and strategies addressing Texas Healthy Communities priority indicators; and appropriating the increased grant amount. Attachments: Agenda Memo-TX Health Communities Grant 10-1-2018 to 10-1-2019a6-14-2C Ordinance - HPCDP-TXHC Grant (10-1-2018 to 10-1-2019)a6-14-2018 Contract Amendment-TX Healthy Communities Grant Contract No. 2016-0030 9. 18-0716 Second Reading Ordinance - Farm and Grazing Land Leases at Corpus Christi International Airport (1st Reading 6/26/18) Ordinance authorizing two, five-year Farm Leases with Matt Danysh Farms, Inc and S & S Farms Partnership, and one five-year Grazing Lease with S & S Farms Partnership with a three year option for all leases for land located at Corpus Christi International Airport with projected annual revenue of$133,806.45. Attachments: Agenda Memo-Farm or Grazing Land Lease Ordinance - Farm or Grazing Land Lease.docx Evaluation Matrix Price Matrix- Farm or Grazing Land Lease Farm Lease Agreement- Matt Danysh Farms Farm Lease Agreement-S&S Farms Partnership Grazing Lease Agreement-S &S Farms Partnership 10. 18-0453 Second Reading Ordinance -Appropriating funds for a Three-Year Service Agreement for the Purchase and Installation of a Public-Address System for Corpus Christi International Airport (1st Reading 6/26/18) Ordinance appropriating $216,672 from the Unreserved Fund Balance in the Airport Fund; amending the operating budget; and approving a three-year service agreement for the purchase and installation of a public-address system from Ford Audio-Video System LLC of Austin, Texas, via BuyBoard Cooperative, for an amount not to exceed $216,672. Attachments: Agenda Memo-Public Address System at CCIA Rev 6.11.18 Pricing Sheet- Public Address System at CCIA Ordinance - Public Address System at CCIA City of Corpus Christi Page 5 Printed on 7/16/2018 City Council Meeting Agenda-Final July 17,2018 Service Agreement- Public Address System CC.pdf L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 11 - 14) 11. 18-0802 Public Hearing and First Reading Ordinance - Rezoning property at or near 1752 Flour Bluff Drive Case No. 0518-02 Siecoast Development, Inc.: Ordinance rezoning property at or near 1752 Flour Bluff Drive from "RM-1" Multifamily 1 District to the "CN-1" Neighborhood Commercial District. Planning Commission and Staff Recommendation (May 30, 2018): Approval of the change of zoning from the "RM-1" to the "CN-1". Attachments: Agenda Memo 0518-02 Siecoast Development, Inc Ordinance 0518-02 Siecoast Development, Inc Zoning Report 0518-02 Siecoast Development, Inc Presentation -0518-02 Siecoast Development Inc. 12. 18-0803 Public Hearing and First Reading Ordinance - Rezoning property at or near 4549 Violet Road Case No. 0518-03 Elaine Pittman and James Massur: Ordinance rezoning property at or near 4549 Violet Road from "RS-6" Single-Family 6 District to the "RV" Recreational Vehicle Park District. Planning Commission and Staff Recommendation (May 30, 2018): Approval of the change of zoning from the "RS-6" to the "RV". Attachments: Agenda Memo 0518-03 Elaine Pittman and James Massur Ordinance 0518-03 Elaine Pittman and James Massur Zoning Report 0518-03 Elaine Pittman and James Massur Presentation 0518-03 Elaine Pittman and James Massur 13. 18-0830 Public Hearing Adopting the FY2018-FY2022 5 Year Consolidated Action Plan Resolution adopting the fiscal year (FY) 2018-FY2022 5 Year Consolidated Action Plan (PLAN) which includes the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; authorizing the City Manager or designee to submit the FY2018-FY2022 PLAN to the U.S. City of Corpus Christi Page 6 Printed on 7/16/2018 City Council Meeting Agenda-Final July 17,2018 Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes to the FY2018-FY2022 PLAN if required by HUD. Attachments: Agenda Memo CAP FY2018-FY2022 5 Year Resolution for 5 year 2018-2022 Corpus Christi CP AAP Presentation 7.17.18 14. 18-0831 Public Hearing and First Reading Ordinance Adopting the City of Corpus Christi's Proposed FY2018-2019 Consolidated Annual Action Plan Ordinance adopting the fiscal year (FY) 2018-2019 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs funding from the United States Department of Housing and Urban Development (HUD) and authorizing the City Manager or designee to execute all documents necessary to submit the CAAP, accept and appropriate funding for the approved CAAP projects and further execute funding agreements, amendments or other documents necessary to implement the FY2018-2019 CAAP with organizations for approved projects. Attachments: Agenda Memo-CAAP 2018-2019 Ordinance - FY2018-19 CAAP Ordinance Presentation - HCD Annual Action Plan FY2018-2019 CDBG FY2018-2019 ESG FY2018-2019 HOME City Council Policy No 9 N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 15 -22) 15. 18-0776 First Reading Ordinance -Accepting and appropriating grant funds for the purchase of body cameras for the Police Department Ordinance accepting $156,000 from State of Texas, Office of the Governor Edward Byrne Memorial Justice Assistance Grant for purchase of body cameras with a City cash match of$39,000; and appropriating $156,000 in the Police Grants Fund. Attachments: Agenda Memo-accept 07.10 (1).docx Ordinance - FY 2018 Edward Byrne Memorial Justice Assistance Grant-State City of Corpus Christi Page 7 Printed on 7/16/2018 City Council Meeting Agenda-Final July 17,2018 Award letter 16. 18-0807 First Reading Ordinance -Accepting and appropriating the Edward Byrne Memorial Justice Assistance Grant within the Police Department Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of$167,457 for FY 2017 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $167,457 in the Police Grants Fund to fund enhancement of law enforcement efforts with 50% funds distributed to Nueces County per interlocal agreement. Attachments: Agenda Memo-JAG grant appropriation 07.17.2018 Ordinance - Edard Byrne JAG grant 2018 AWARD REPORT 17. 18-0825 First Reading Ordinance -Accepting and appropriating grant for Internet Crimes Against Children (ICAC) Task Force Program wihtin the Police Department Ordinance authorizing acceptance of grant from Office of the Attorney General for Internet Crimes Against Children (ICAC) Task Force program, in amount of$10,000 for the ICAC program within the Police Department; and appropriating the $10,000 in Police Grants Fund. Attachments: Agenda Memo- ICAC 2018 appropriation 07.17.2018 Ordinance - ICAC Grant 2018 FY2018 ICAC Award document 18. 18-0713 First Reading Ordinance - Partial utility easement closure located at 4030 Giants Drive Ordinance abandoning and vacating 7-feet (420-square feet) of an existing 15-foot utility easement out of Lot 19, Block 3, Manhattan Estates Unit 4 Subdivision, located at 4030 Giants Drive and requiring the owner, Richard Ocanas, to comply with the specified conditions. Attachments: Agenda Memo Giants Easement Closure 18EC1002 Ordinance Giants Easement Closure 6-8-18 Presentation-Giants EC 7-2-18 19. 18-0792 First Reading Ordinance -2018 Que Bueno Taco Festival Agreement Ordinance authorizing an agreement with Corpus Christi PATCH, Inc. to allow use of Artesian Park and portions of Taylor, Mesquite, Starr and Chaparral Streets for the Que Bueno Taco Festival and related activities City of Corpus Christi Paye 8 Printed on 7/16/2018 City Council Meeting Agenda-Final July 17,2018 on September 15, 2018. Attachments: Agenda Memo-Que Bueno Taco Festival 2018 Ordinance -Que Bueno Taco Festival Lease Agreement-Que Bueno Taco Festival 20. 18-0684 First Reading Ordinance -Accepting and appropriating developer contributions, other donations and interest earnings for park improvements Ordinance to accept and appropriate $846,228.34 in developer contributions, other donations and interest earnings in the Community Enrichment Fund for park improvements. Attachments: Agenda Memo-Comm. Enrichment Fds Appropriation FY17-18 (100116-0331 Ordinance - Community Enrichment Fund Appropriation V2 Exhibit A-Community Enrichment Funds Presentation on Community Enrichment Funds 21. 18-0796 First Reading Ordinance -Appropriating $500,000 from Worker's Compensation Reserve Fund Balance for higher-than-actuarially-calculated worker's compensation costs Ordinance appropriating $500,000 from the Reserved Fund Balance in the Workers' Compensation Fund for payment of higher-than-actuarially calculated workers compensation costs and amending the FY17-18 Budget. Attachments: Agenda Memo for Ordinance Appropriating $500K from Risk Reserve Ordinance Appropriating $500K from Risk Reserve 22. 18-0755 First Reading Ordinance -Appropriating $550,000 for Selena Auditorium elevator modernization project Ordinance appropriating $550,000 from the unreserved fund balance of the Hotel Occupancy Tax Fund for modernization of elevators at the Selena Auditorium; and amending the FY18 operating budget. Attachments: Agenda Memo-Selena Elevators Ordinance -Selena Elevators Prosect Budget- E17062 Modernize Selena Elevators (FMAC) P. FUTURE AGENDA ITEMS: (ITEMS 23 - 32) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 23. 18-0790 Resolution for the Purchase and installation of Storage Cabinets for the Corpus Christi Museum of Science and History -Sole Source City of Corpus Christi Page 9 Printed on 7/16/2018 City Council Meeting Agenda-Final July 17,2018 Resolution authorizing a four month service agreement with Southwest Solutions Group, of Lewisville, Texas for the purchase and installation of storage cabinets for a total amount not to exceed $218,299. Attachments: Agenda Memo-Cabinets for the CC Museum of Science and History Resolution -Cabinets for the CC Museum of Science and History Service Agreement 1711 -Cabinets and Install for CC Museum of Science and_I 24. 18-0739 Four-year Service Agreement for Emergency or Disaster Response Services Motion authorizing a four-year service agreement with Garner Environmental Services, Inc. of Deer Park, Texas to secure required equipment and services in the event of an emergency or disaster for a total amount of$200,000 via General Services Administration's (GSA) Cooperative. Attachments: Agenda Memo-Emergency or Disaster Response Services GSA Price Schedule - Emergency or Diaster Respons Services Service Agreement- Emergency or Diaster Response Services 25. 18-0797 Resolution approving submission of a grant application for Beach Cleaning and Maintenance Resolution approving Texas General Land Office's Beach Cleaning and Maintenance Assistance Program FY 2018-2019 grant application. Attachments: Agenda Memo-2019 GLO Beach Maintenance Reimbursement Application Resolution -2019 GLO Beach Maintenance Reimbursement Application FY 2019 BMR application and checklist 26. 18-0683 Four-Year Service agreement for Bio-Monitoring Testing Services for Wastewater Treatment Plants Motion authorizing a four-year service agreement with Bio-Aquatic Testing Inc., of Carrollton, Texas for bio-monitoring testing services for the wastewater treatment plants for a total amount not to exceed $173,040. Attachments: Agenda Memo- Bio-Monitoring Testing for Wastewater Treatment Plants Bid Tabulation - Bio- Monitoring Testing Service Agreement - Bio Monitoring Testing 27. 18-0788 Amendment No. 1 to the Master Services Agreement for Professional Survey Services Motion authorizing Amendment No. 1 to the Master Services Agreement with Urban Engineering of Corpus Christi, Texas in the amount of$60,000 for a total restated fee of$85,000 for Professional Survey Services per year with the option to administratively renew for one additional year for a City of Corpus Christi Page 10 Printed on 7/16/2018 City Council Meeting Agenda-Final July 17,2018 total contract price of$170,000. Attachments: Agenda Memo- Prof Survey Services Amend. No. 1 Location Map- Prof Survey Services Amend. No. 1 Presentation - Prof Survey Services Amend. No. 1 Master Services Agreement - Prof Survey Services Amend. No. 1 28. 18-0789 Resolution Approving Construction Contracts for Residential Street Rebuild Program (RSRP) Bond 2016 Resolution rejecting bids and authorizing construction contracts with A. Ortiz Construction & Paving, Inc., of Corpus Christi, Texas in the amount of $4,570,000 for Base Bid Part 1 and with J. Carroll Weaver, Inc., of Sinton, Texas in the amount of$4,390,000 for Base Bid Part 2 for the Bond 2016 Residential Street Rebuild Program Project. Attachments: Agenda Memo- Bond 2016 RSRP Resolution -Skipping low bidder as non-responsive Bond 2016 RSRP Prosect Budget- Bond 2016 RSRP Letter of Recommendation - Bond 2016 RSRP Location Map- Bond 2016 RSRP Presentation - Bond 2016 RSRP 031285 Resolution Approving Work Plan - 11072017 RSRP Bond 2016 Work Plan (abbreviated) 29. 18-0725 Purchase of Three Trucks for Solid Waste Operations Motion authorizing the purchase of one side loading refuse truck from Rush Truck Center of New Braunfels, Texas, and two self-loading brush trucks from Houston Freightliners of Houston, Texas via HGAC and two Chassis for the trucks from Petersen Industries of Lake Wells, Florida via NJPA for a total amount not to exceed $650,394.80. Attachments: Agenda Memo-Purchase of Three Trucks for Solid Waste Operations Price Sheet- Purchase of Three Vehicles for Solid Waste Operations 30. 18-0744 Disaster Debris Clearing, Removal and Disposal Services Motion authorizing a two-year service agreement to provide disaster debris clearing, removal and disposal services with TFR Enterprises, Inc., of Leander, Texas for$168,893,230, with two two-year options for a total potential multi-year amount of$506,679,690. Attachments: Agenda Memo- Disaster Debris Clearing Removal and Disposal Services RFB Bid Tabulation Disaster Debris Clearing Removal and Disposal Services RFB 1 Service Agreement 1491 - Disaster Debris Clearing Removal and Disposal Sery 31. 18-0737 Two-year Service Agreement for Storm Debris Removal Monitoring City of Corpus Christi Page 11 Printed on 7/16/2018 City Council Meeting Agenda-Final July 17,2018 and Consulting Services Motion authorizing a two-year service agreement to provide storm debris monitoring and consulting services with Thompson Consulting Services, LLC, of Lake Mary, Florida for$871,875, with two two-year options for a total potential multi-year amount of$2,615,625. Attachments: Agenda Memo-Storm Debris Removal Monitoring and Consulting Services RFI Evaluation Matrix-Storm Debris Removal Monitoring and Consulting RFP 1496 Service Agreement Storm Debris Removal Monitoring and Consulting RFP 149E 32. 18-0800 Master Agreement - Municipal Lease Line of Credit Motion approving a two-year Master Lease-Purchase Financing Agreement with JPMorgan Chase Bank, N.A. of Chicago, Illinois for an estimated expenditure of$11,883,665, with three additional options for one-year periods. Attachments: Agenda Memo- Municipal Lease Line of Credit Matrix RFP 1448 Municipal Lease Line of Credit Summary Master Lease-Purchase Financing Agreement Q. BRIEFINGS: (NONE) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation)may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. R. EXECUTIVE SESSION: (ITEMS 33 -35) 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. 33. 18-0836 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 economic development agreements, industrial district agreements, entities that are signatories to the City's industrial district agreements, annexation, and disannexation, City of Corpus Christi Page 12 Printed on 7/16/2018 City Council Meeting Agenda-Final July 17,2018 (including, but not limited to, transactions involving Flint Hills Resources Corpus Christi, LLC (and LP) and related entities) and pursuant to Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial information relating to some or all of the aforementioned matters and entities that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect. 34. 18-0837 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 lawsuits of Salinas Construction Technologies, Ltd. and Salinas and Sons, Inc. v. City of Corpus Christi, Graham Construction Services, Inc. v. City of Corpus Christi, et al, and other lawsuits against the City and the City's officers and employees. 35. 18-0838 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 economic development agreements, agreements pursuant to Texas Local Government Code Chapter 212, potential economic development agreement(s) involving Gulf Coast Growth Ventures and related entities, potential amendment(s) to water contracts with San Patricio Municipal Water District) and pursuant to Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial information relating to some or all of the aforementioned matters and entities that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect(s). 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 13 Printed on 7/16/2018 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT May 31,2018 CURRENT MONTH YEAR-TO-DATE ACTUALS ACTUALS ANNUAL CURRENT AMENDED % A TENDED Y. AMENDED SUMMARY BY FUND PRIOR YEAR YEAR BUDGET VARIANCE FAV([INFAV) PRIOR YEAR CURRENT YEAR BUDGET VARIANCE JFAV(%N AV) BUDGET REVENUES GENERAL PROPERTY TAXES 771,989 772,856 403,417 369,439 91.58% 67,852,164 69,905,183 70,792,364 (887,181) -1.25% 72,001,866 See Note SALES TAXES 4,133,934 5,582,100 5,051,165 530,935 10.51% 35,407,571 38,888,728 36,307,184 2,581,544 7.11% 53,934,000 See Note OTHER TAXES 101,785 0 110,096 (110,096) -100.00% 11,984,899 10,484,463 12,469,583 (1,985,120) -15.92% 12,978,199 See Note FRANCHISEFEES 2,354;225 2,220,102 1,722,103 497,999 28.92% 9,498,790 9,520,972 10,640,574 (1,119,601) -10.52% 17,454,365 See Note GENERAL GOVERNMENT SVCS 2,673 4,350 5,002 (652) -13.04% 53,804 38,906 41,016 (2,110) -5.15% 62,724 ANIMAL CARE SERVICES 8,703 10,215 6,808 3,407 50.04% 68,660 66,537 54,464 12,073 22.17% 81,700 OTHER PERMITS&LICENSES 11,190 13,643 10,207 3,436 33.66% 246,674 133,041 154,656 (21,615) -13.98% 195,392 HEALTH SERVICES 69,076 64,326 107,456 (43,130) -40.14% 966,312 942,376 859,648 82,728 9.62% 1,289,500 LIBRARY SERVICES 11,525 11,561 10,026 1,535 15.31% 80,991 81,461 80,208 1,253 1.56% 120,312 SOLID WASTE SERVICES 3,141,907 3,282,189 3,269,411 12,778 0.39% 24,553,079 26,749,520 26,155,288 594,232 2.27% 39,232,928 MUNICIPAL COURT FEES 358,974 437,510 412,373 25,136 6.10% 3,303,859 3,652,232 3,385,608 266,624 7.88% 5,035,162 PUBLIC SAFETY SERVICES 1,110,873 1,484,191 1,211,957 272,234 22.46% 8,130,024 8,649,033 9,695,656 (1,046,623) -10.79% 14,541,272 See Note MUSEUMFEES (103,917) 17,042 73,732 (56,690) -76.89% 362,129 36,467 215,545 (179,078) -83.08% 618,171 INTEREST ON INVESTMENTS 55,863 105,367 29,167 76,200 261.25% 395,262 713,226 260,336 452,890 173.96% 377,000 INTERGOVERNMENTAL SVCS 4,042 (3,221) 151,092 (154,313) -102.13% 1,309,024 1,661,226 1,290,515 370,711 28.73% 1,894,883 RECREATION SERVICES 464,232 413,985 368,433 45,552 12.36% 2,935,478 2,882,122 2,788,825 93,297 3.35% 4,421,201 OTHER REVENUE 58,427 296,094 61,910 234,184 378.26% 381,233 5,608,817 4,833,638 775,179 16.04% 5,092,057 ADMIN CHARGES 529,881 555,529 555,199 329 0.06% 4,229,695 4,428,196 4,428,196 (0) 0.00% 6,662,393 INTERFUND CONTRIBUTIONS 320,332 1,071,624 392,862 678,762 172.77% 2,584,541 4,742,444 4,742,444 0 0.00% 7,550,574 REIMBURSEMENT REVENUE 0 0 0 0 #DN/01 0 0 0 0 #DN l 0 TOTAL GENERAL FUND REVENUE 13,405,715 16,339,461 13,952,418 2,387,043 17.11% 114,344,189 189,184,951 189,195,748 (10,797) -0.01% 243,50.1,700 1 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT May 31,2018 CURRENT MONTH YEAR-TO-DATE ACTUALS ACTUALS ANNUAL CURRENT AMENDED Y. AMENDED AMENDED SUMMARY BY FUND PRIORYEAR YEAR BUDGET VARIANCE FAV 1[% AV) PRIOR YEAR CURRENT YEAR BUDGET VARIANCE JFAV(%�AV) BUDGET EXPENSES MAYOR 735 14,972 16,184 1,212 7.49% 67,902 101,256 129,472 28,217 21.79% 194,209 CITY COUNCIL 0 7,058 11,973 4,915 41.05% 51,757 62,765 95,784 33,019 34.47% 143,675 LEGAL 244,050 241,446 276,087 34,641 1255% 1,915,793 1,930,986 2,208,697 277,710 12.57% 3,313,045 CITY AUDITOR 1,469 28,534 34,576 6,042 17.47% 265,422 205,426 276,608 71,182 25.73% 414,912 CITY MANAGER 181,567 263,791 250,412 (13,378) -5.34% 1,261,953 1,458,448 2,003,300 544,852 27.20% 3,004,949 CITY SECRETARY 2,204 47,475 52,830 5,354 10.14% 519,447 378,182 422,638 44,456 10.52% 633,957 FINANCE 648,874 388,651 516,831 128,180 24.80% 3,799,295 3,625,049 4,134,645 509,596 12.33% 6,201,967 OFFICE OF MANAGEMENT AND BUDGET 70,854 84,021 88,302 4,282 4.85% 477,117 590,748 706,419 115,670 16.37% 1,059,628 HUMAN RESOURCES 143,643 143,459 167,864 24,405 14.54% 1,014,134 1,082,951 1,342,909 259,958 19.36% 2,014,364 MUNICIPAL COURT-JUDICIAL 84,199 94,073 98,002 3,929 4.01% 694,713 749,474 784,017 34,542 4.41% 1,176,025 MUNICIPAL COURT-ADMINISTRATION 269,845 319,672 353,023 33,351 9.45% 2,599,100 2,494,456 2,824,183 329,727 11.68% 4,236,275 MUSEUMS 1,275 153,662 129,533 (24,129) -18.63% 935,920 1,071,337 1,036,263 (35,074) -3.38% 1,554,395 FIRE 3,484,318 4,234,378 4,709,876 475,498 10.10% 34,192,496 34,907,077 37,679,009 2,771,931 7.36% 56,518,513 POLICE 2,597,280 5,698,820 6,358,890 660,070 10.38% 43,419,471 46,507,087 50,871,119 4,364,032 8.58% 76,306,678 HEALTHSERVICES 243,972 227,695 300,983 73,289 24.35% 1,726,257 1,826,675 2,407,866 581,191 24.14°0 3,611,799 ANIMAL CARE SERVICES 214,389 256,598 273,390 16,792 6.14% 1,616,851 1,667,857 2,187,121 519,264 23.74% 3,280,681 LIBRARY SERVICES 286,719 287,369 595,810 308,442 51.77% 2,396,295 2,504,350 4,766,483 2,262,133 47.46°0 7,149,724 PARK&RECREATION 152,653 1,243,395 1,602,756 359,361 22.42% 9,848,320 9,930,080 12,822,050 2,891,970 22.55% 19,233,075 STREET SERVICES 0 235,498 336,333 1 00,835 29.98% 2,718,716 1,947,275 2,690,668 743,392 27.63°0 4,036,001 SOLID WASTE SERVICES 1,251,737 2,001,474 2,993,924 992,450 33.15% 15,328,659 23,161,089 23,951,396 790,307 330% 35,927,093 COMM UNITY DEVELOPMENT 155,972 148,669 179,973 31,304 17.39% 1,321,644 1,189,525 1,439,783 250,258 17.38% 2,159,674 COMPREHENSIVE PLANNING 87 25,956 102,902 76,946 74.78% 117,960 203,461823,213 619,752 75.28% 1,234,820 TOURISM 0 82,579 74,875 (7,704) -10.29% 0 83,038 599,000 515,962 86.14% 898,500 ECONOMIC DEVELOPMENT 48,500 24,446 197,773 173,327 87.64% 1,167,157 970,355 1,582,185 611,830 38.67% 2,373,278 TRANSFER TO STREET 0 1,130,601 1,130,601 0 0.00% 9,790,213 9,044,809 9,044,809 0 0.00% 13,567,213 OPERATING TRANSFERS OUT 100,083 83,925 359,687 275,763 76.67% 2,028,373 3,733252 2,877,497 (855,755) -29.74% 4,316,245 RESERVE APPROPRIATION 150,000 0 0 0 0.00% 0 0 0 0 0.00% 2,609,893 ACCRUED PAY RESERVE 0 0 0 0 0.00% 0 0 0 0 0.00% 1,400,000 OTHERACTMTIES 28,113 0 0 0 0.00% 0 0 0 0 0.00% 250,000 TOTAL GENERAL FUND EXPENSES 10,362,537 17,468,218 21,213,391 3,745,173 17.65% 139,274,965 151,427,008 169,707,131 18,280,123 10.77% 258,820,589 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT May 31,2018 CURRENT MONTH YEAR-TO-DATE ACTUALS ACTUALS ANNUAL PRIOR CURRENT JAMENDED1 °/a PRIOR I CURRENT AMENDED % AMENDED SUMMARY BY Fl:\� YEAR YEAR BUDGET VARIANCE FAV(UNFAV) YEAR YEAR BUDGET VARIANCE FAV(IINFAV) BUDGET GENERAL FUND 1020 Revenue 13,405,715 16,339,461 13,952,418 2,387,043 17.1% 174,344,189 189,184,951 189,195,748 (10,797) 0.0% 243,543,700 Expenses 10,362,537 17,468,218 21,213,391 3,745,173 17.7% 139,274,965 151,427,008 169,707,131 18,280,123 10.8% 258,820,589 ENTERPRISE FUNDS WATER FUND(4010)-Revenue 12,474,265 11,382,566 12,789,444 (1,406,879) -11.0% 88,516,840 87,016,564 89,601,281 (2,584,717) -2.9% 153,473,333 See Note WATER FUND(4010)-Expense 10,373,502 9,362,076 12,552,385 3,190,309 25.4% 87,982,154 81,266,050 100,419,082 19,153,032 19.1% 150,628,623 RAW WATER SUPPLY DEV(4041)-Revenue 148,795 149,454 154,652 (5,198) -3.4% 1,094,021 1,153,825 1,237,216 (83,391) -6.7% 1,855,828 RAW WATER SUPPLY DEV(4041)-Expense 0 0 0 0 N/A 1,099,320 0 0 0 N/A 2,917 CHOICE CANYON FUND(4050)-Revenue 12,283 12,283 3,391,006 (3,378,724) -99.6% 73,102 3,507,510 3,418,096 89,414 2.6% 3,433,576 CHORE CANYON FUND(4050)-Expense 0 0 912,500 912,500 100.0% 0 10,950,000 10,950,000 0 0.0% 10,950,000 GAS FUND(4130)-Revenue 2,241,189 2,314,321 3,014,045 (699,724) -23.2% 20,235,535 22,222,707 26,960,508 (4,737,801) -17.6% 39,348,065 See Note GAS FUND(4130)-Expense 3,501,468 2,332,694 3,309,800 977,105 29.5% 20,115,537 21,108,130 26,478,398 5,370,268 20.3% 39,717,597 WASTEWATER FUND(4200)-Revenue 6,712,610 5,909,705 6,848,246 (938,542) -13.7% 50,732,945 46,893,126 52,982,784 (6,089,658) -11.5% 80,374,458 See Note WASTEWATER FUND(4200)-Expense 4,521,691 5,758,856 7,038,856 1,279,999 18.2% 55,608,676 40,617,998 56,310,846 15,692,848 27.9% 84,466,269 STORM WATER FUND(4300)-Revenue 2,398,663 2,415,945 2,408,697 7,248 0.3% 23,077,855 19,336,030 19,269,575 66,455 0.3% 28,904,363 STORM WATER FUND(4300)-Expense 2,299,832 2,439,790 2,779,597 339,806 12.2% 22,535,714 21,892,024 22,236,772 344,748 1.6% 33,355,159 AIRPORT FUND(4610)-Revenue 697,360 761,922 690,095 71,827 10.4% 5,702,098 5,899,030 6,248,818 (349,788) -5.6% 9,373,227 AIRPORT FUND(4610)-Expense 618,290 827,594 826,068 (1,526) -0.2% 5,156,877 5,425,726 6,608,546 1,182,820 17.9% 9,912,819 GOLF CENTER FUND(4690)-Revenue 660 127,664 3,319 124,345 3746.5% 5,180 130,688 26,645 104,043 390.5% 39,923 GOLF CENTER FUND(4690)-Expense 1,348 1,330 55,463 54,132 97.6/0 10,784 7,484 443,703 436,219 98.3% 665,554 MARINA FUND(4700)-Revenue 165,047 209,411 190,639 18,772 9.8% 1,290,859 1,595,558 1,464,761 130,797 8.9% 2,244,324 MARINA FUND(4700)-Expense 145,930 166,723 199,654 32,931 16.5% 1,214,858 1,269,477 1,597,234 327,757 20.5% 2,395,851 TOTAL ENTERPRISE FUND REVENUE 24,850,672 23,283,269 29,490,144 (6,206,874) -21.04b 19o,72e,a3s 167,788,038 201,209,684 (13,454,646) 76.7% 319,047,097 TOTAL ENTERPRISE FUND EXPENSE 21,462,061 20,689,064 27,674,323 6,765,256 24840 193,723,920 162,536,666 225,044,561 42,507,693 16 A% 332,094,769 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT May 31,2018 CURRENT MONTH YEAR-TO-DATE ACTUALS ACTUALS ANNUAL PRIOR CURRENT JAMENDED1 °/a PRIOR I CURRENT AMENDED % AMENDED SUMMARY BY FUND YEAR YEAR BUDGET VARIANCE FAV(UNFAV) YEAR YEAR BUDGET VARIANCE FAV(UNFAV) BUDGET INTERNAL SERVICE FUNDS STORES FUND(5010)-Revenue 438,814 757,312 432,793 324,519 75.0% 2,845,841 3,654,593 3,522,090 132,504 3.8% 5,253,267 STORES FUND(5010)-Expense 411,928 807,433 503,755 (303,678) -60.3% 2,580,624 3,778,200 4,030,039 251,840 6.2% 6,045,059 FLEET MAINT SVCS ED(5110)-Revenue 1,207,597 1,332,737 1,230,206 102,531 8.3% 11,792,704 10,453,423 10,398,010 55,413 0.5% 15,597,015 FLEET MAINT SVCS ED(5110)-Expense 1,018,083 1,568,829 2,065,097 496,268 24.0% 9,903,221 10,571,090 16,520,774 5,949,684 36.0% 24,781,161 FACILITIES MAINT SVC ED(5115)-Revenue 389,973 405,847 403,114 2,733 0.7% 3,118,196 3,248,048 3,226,212 21,836 0.7% 4,838,662 FACILITIES MAINT SVC ED(5115)-Expense 542,259 432,174 558,731 126,558 22.7% 3,199,330 3,035,226 4,469,851 1,434,625 32.1% 6,704,777 IT ED(5210)-Revenue 1,301,738 1,327,941 1,323,727 4,214 0.3% 10,407,280 10,622,515 10,589,816 32,699 0.3% 15,884,724 IT FD(5210)-Expense 1,214,347 1,119,168 1,500,910 381,741 25.4% 9,094,913 10,336,419 12,007,276 1,670,857 13.9% 18,010,914 ENGINEERING SRVCS FUND(5310)-Revenue 8,333 12,445 0 12,445 N/A 68,928 102,166 3,736,879 (3,634,713) -97.3% 7,444,887 See Note ENGINEERING SRVCS FUND(5310)-Expense 395,014 501,862 628,809 126,946 20.2% 3,449,382 3,795,615 5,030,471 1,234,855 24.5% 7,545,706 EMP BENE FILTH-FIRE ED(5608)-Revenue 622,882 754,524 708,787 45,737 6.5% 4,861,001 5,668,777 5,670,296 (1,519) 0.0% 8,505,458 EMP BENE FILTH-FIRE FD(5608)-Expense 788,787 571,228 776,386 205,158 26.4% 5,501,037 6,282,372 6,211,091 (71,281) -1.1% 9,316,636 EMP BENE FILTH-POLICE FD(5609)-Revenue 683,861 804,910 812,389 (7,479) -0.9% 5,707,631 6,207,312 6,499,112 (291,800) -4.5% 9,748,676 See Note EMP BENE FILTH-POLICE ED(5609)-Expense 1,051,013 566,317 810,512 244,195 30.1% 7,237,304 5,903,024 6,484,093 581,069 9.0% 9,726,140 EMP BENE FILTH-CITICARE ED(5610)-Revenue 1,465,360 1,872,781 2,182,607 (309,826) -14.2% 12,291,889 14,651,694 17,460,856 (2,809,162) -16.1% 26,191,272 See Note EMP BENE FILTH-CITICARE FD(5610)-Expense 1,988,247 1,526,711 1,805,363 278,652 15.4% 14,304,712 10,121,697 14,442,901 4,321,204 29.9% 21,664,351 LIAWEMP BENEFIT-LIAR(5611)-Revenue 423,833 530,878 1,740 529,138 30410.2% 3,409,525 4,231,308 4,294,582 (63,273) -1.5% 6,441,873 LIAWEMP BENEFIT-LIAR(5611)-Expense 979,062 886,925 536,477 (350,449) -65.3% 3,960,743 3,947,286 4,291,813 344,527 8.01/6 6,437,719 LIAB/EMP BENEFIT-WC(5612)-Revenue 242,985 233,632 1,560 232,072 14876.4% 1,896,401 1,922,267 1,788,938 133,329 7.51/6 2,683,408 LIAB/EMP BENEFIT WC(5612)-Expense 191,773 275,256 222,057 (53,199) -24.0% 1,935,235 2,169,270 1,776,459 (392,811) -22.1% 2,664,688 LIAB/EME BENEFIT(5613)Revenue 83,027 90,754 0 90,754 N/A 663,870 725,564 722,228 3,336 0.5% 1,083,342 LIAB/EME BENEFIT(5613)Expense 78,934 73,775 89,530 15,756 17.6% 603,209 615,551 716,242 100,691 14.1% 1,074,363 OTHER EMPLOYEE BENEFIT(5614)-Revenue 237,494 202,959 219,157 (16,198) -7.4% 1,625,512 1,696,345 1,753,256 (56,911) -3.2% 2,629,888 OTHER EMPLOYEE BENEFIT(5614)-Expense 262,217 231,542 221,816 (9,725) -4.4% 1,621,258 1,361,266 1,774,531 413,265 23.3% 2,661,796 HEALTH BENEFITS ADMIN(5618)-Revenue 48,552 50,349 50,205 144 0.3% 388,165 402,541 401,640 901 0.2% 602,461 HEALTH BENEFITS ADMIN(5618)-Expense 41.732 41,571 49,948 8,377 16.8% 310,240 329,982 399,583 69,601 17.4% 599,374 TOTAL INTL SERVICE FUND REVENUE 7,154,450 8,377,069 7,366,285 1,010,784 13.7% 59,076,942 63,586,554 70,063,915 (6,477,361) -9.2% 106,904,932 TOTAL INTL SERVICE FUND EXPENSE 8,963,399 8,602,790 9,769,390 1,158,223 77.9% 63,701,208 62,246,998 78,155,123 15,908,125 20.4% 717,232,684 4 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT May 31,2018 CURRENT MONTH YEAR-TO-DATE ACTUALS ACTUALS ANNUAL PRIOR7 CURRENT AMENDED % PRIOR I CURRENT AMENDED % AMENDED SUMMARY BY FUND YEAR I YEAR BUDGET VARIANCE FAV(UNFAV) YEAR YEAR BUDGET VARIANCE FAV(UNFAV) BUDGET DEBT SERVICE FUNDS SEAWALL IMPROVEMT DS FUND(1121)-Revenue 238,922 239,291 0 239,291 N/A 1,914,000 1,920,234 1,908,613 11,621 0.6% 2,862,919 SEAWALL IMPROVEMT DS FUND(1121)-Expense 0 0 238,577 238,577 100.0% 2,417,309 2,458,609 1,908,613 (549,997) -28.8% 2,862,919 ARENA FACILITY DS FUND(1131)-Revenue 288,681 291,098 0 291,098 N/A 2,303,182 2,320,096 2,284,933 35,163 1.5% 3,427,400 ARENA FACILITY DS FUND(1131)-Expense 0 0 285,617 285,617 100.0% 590,600 545,700 2,284,933 1,739,233 76.1% 3,427,400 BASEBALL STADIUM DS FUND(1141)-Revenue 186,160 0 0 0 N/A 1,484,019 16,123 0 16,123 N/A 0 BASEBALL STADIUM DS FUND(1141)-Expense 0 2,260 160,680 158,420 98.6% 53,000 1,958,848 1,285,439 (673,410) -52.4% 1,928,158 DEBT SERVICE FUND(2010)-Revenue 887,657 757,113 519,544 237,569 45.7% 49,078,122 44,911,387 45,161,713 (250,326) -0.61/6 46,990,845 DEBT SERVICE FUND(2010)-Expense 1,050 0 4,033,767 4,033,767 100.0% 43,003,373 39,307,518 32,270,133 (7,037,385) -21.8% 48,405,200 WATER SYSTEMREV DS FUND(4400)-Revenue 2,181,801 1,991,847 1,973,007 18,840 1.0% 17,600,920 16,062,038 15,968,072 93,966 0.6% 24,044,115 WATER SYSTEMREV DS FUND(4400)-Expense 0 0 2,000,436 2,000,436 100.0% 5,353,194 4,665,542 16,003,490 11,337,948 70.8% 24,005,235 WASTEWATER SYS REV DS FUND(4410)-Revenue 1,794,986 1,787,970 1,771,943 16,027 0.9% 14,594,685 14,515,455 14,430,689 84,766 0.6% 21,773,621 WASTEWATER SYS REV DS FUND(4410)-Expense 0 0 1,811,768 1,811,768 100.0% 8,171,166 5,668,044 14,494,147 8,826,103 60.9% 21,741,220 GAS DS FUND(4420)-Revenue 112,083 113,984 112,313 1,671 1.5% 922,844 937,919 926,814 11,105 1.2% 1,404,379 GAS DS FUND(4420)-Expense 0 0 117,032 117,032 100.0% 357,973 442,072 936,253 494,180 52.8% 1,404,379 STORMWATER DS FUND(4430)-Revenue 1,274,795 1,294,979 1,284,040 10,939 0.9% 10,310,053 10,458,563 10,402,104 56,459 0.5% 15,668,052 STORMWATER DS FUND(4430)-Expense 0 0 1,303,921 1,303,921 100.0% 4,328,454 4,138,503 10,431,368 6,292,865 60.3% 15,647,052 AIRPORT 2012A DS FUND(4640)-Revenue 79,343 78,643 0 78,643 N/A 635,491 630,470 629,346 1,124 0.2% 944,019 AIRPORT 2012A DS FUND(4640)-Expense 0 0 78,668 78,668 100.0% 874,284 881,334 629,346 (251,988) 40.0% 944,019 AIRPORT 2012B DS FUND(4641)-Revenue 30,819 30,826 0 30,826 N/A 246,529 246,679 244,989 1,691 0.7% 367,483 AIRPORT 2012B DS FUND(4641)-Expense 0 0 30,624 30,624 100.0% 207,491 206,991 244,988 37,997 15.5% 367,482 AIRPORT DS FUND(4642)-Revenue 33,216 33,308 0 33,308 N/A 265,987 267,017 265,900 1,117 0.4% 398,850 AIRPORT DS FUND(4642)-Expense 0 0 33,238 33,238 100.0% 290,175 295,675 265,900 (29,775) -11.2% 398,850 AIRPORT CFC DS FUND(4643)-Revenue 40,252 40,228 0 40,228 N/A 322,238 322,461 319,934 2,527 0.8% 479,901 AIRPORT CFC DS FUND(4643)-Expense 0 0 39,992 39,992 100.0% 354,263 358,638 319,933 (38,704) -12.1% 479,900 MARINA DS FUND(4701)-Revenue 50,773 51,063 0 51,063 N/A 407,056 409,867 408,500 1,367 0.3% 612,750 MARINA DS FUND(4701)-Expense 0 0 51,063 51,063 100.0% 527,900 539,825 408,500 (131,325) 32.1% 612,750 TOTAL DEBT SERVICE FUND REVENUE 7,199,489 6,710,350 5,660,847 1,049,503 les% 100,085,125 93,018,309 92,951,607 66,702 O.1% 118,976,334 TOTAL DEBT SERVICE FUND EXPENSE 1,050 2,260 10,185,380 10,183,121 100.0 66,529,182 61,467,299 81,483,043 20,015,743 24.6% 122,224,564 5 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT May 31,2018 CURRENT MONTH YEAR-TO-DATE ACTUALS ACTUALS ANNUAL PRIOR CURRENT AMENDED % PRIOR CURRENT AMENDED °/a AMENDED SUMMARY BY FUND YEAR YEAR BUDGET VARIANCE FAV(UNFAV) YEAR YEAR BUDGET VARIANCE FAV(UNFAV) BUDGET SPECIAL REVENUE FUNDS HOTEL OCCUPANCY TAX FD(1030)-Revenue 1,422,109 1,249,966 1,409,969 (160,003) -11.3% 8,028,700 9,266,751 8,279,408 987,343 11.9% 15,673,112 See Note HOTEL OCCUPANCY TAX ED(1030)-Expense 1,198,575 1,745,979 1,644,242 (101,738) -6.2% 9,603,119 11,097,965 13,153,934 2,055,969 15.6% 19,730,901 PUBLIC,EDUC&GOVT CABLE ED(1031)-Revenue 147,470 155,673 54,167 101,506 187.4% 347,389 362,347 454,484 (92,138) -20.3% 681,727 PUBLIC,EDUC&GOVT CABLE FD(1031)-Expense 1,387 1,827 47,372 45,545 96.1% 59,992 46,056 378,977 332,921 87.8% 568,465 STATE HOT FUND(1032)-Revenue 2,483 6,762 0 6,762 N/A 1,120,470 1,450,777 937,690 513,087 54.7% 3,100,000 STATE HOT FOND(1032)-Expense 33,620 58,674 22,091 36,583 165.61 355,456 1,361,144 1,554,577 193,433 12.4% 2,331,866 MUNICIPAL Cr SECURITY ED(1035)-Revenue 7,065 9,275 0 9,275 N/A 60,784 75,485 80,000 (4,515) -5.6% 80,000 MUNICIPAL CT SECURITY ED(1035)-Expense 0 7,974 10,612 2,639 24.9% 1,068 82,560 84,899 2,338 2.8% 127,348 MUNICIPAL CT TECHNOLOGY ED(1036)-Revenue 9,385 12,440 0 12,440 N/A 80,858 100,856 100,000 856 0.9% 100,000 MUNICIPAL Cr TECHNOLOGY ED(1036)-Expense 6,035 5,190 12,978 7,788 60.0% 36,320 30,097 103,820 73,727 71.0% 155,731 MUNICIPAL Cr JUVE CS MGR ED(1037)-Revenue 11,287 15,068 0 15,068 N/A 97,579 122,216 110,707 11,509 10.4% 110,707 MUNICIPAL CT JUVE CS MGR FD(1037)-Expense 13,600 7,483 17,047 9,564 56.1% 114,325 85,736 136,375 50,639 37.1% 204,563 JUVENILE CASE MGR OTHER(1038)-Revenue 2,084 2,876 0 2,876 N/A 17,172 22,923 17,800 5,123 28.8% 18,500 JUVENILE CASE MGR OTHER(1038)-Expense 0 0 1,600 1,600 100.0% 0 0 16,133 16,133 100.0% 24,200 PARING IMMOVEMENT FUND(1040)-Revenue 136 407 9,167 (8,760) -95.6% 61,036 48,843 73,336 (24,493) -33.4% 110,000 PARING IMPROVEMENT FUND(1040)-Expense 0 0 9,167 9,167 100.0% 139 10,000 73,333 63,333 86.4% 110,000 SIREETS FUND(1041)-Revenue 2,278,933 2,805,144 2,696,025 109,119 4.0% 20,518,804 21,031,066 21,568,203 (537,137) -2.5% 32,352,305 STREETS FUND(1041)-Expense 1,878,492 2,996,199 3,822,714 826,515 21.6% 17,957,577 16,500,299 30,581,713 14,081,413 46.0% 45,872,569 RESIDENTIAL STREET RECON FUND(1042)-Revenue108,018 376,690 368,738 7,952 2.2% 1,540,394 3,478,958 3,500,194 (21,236) -0.61 3,500,194 RESIDENTIAL STREET RECON FUND(1042)-Expense 41,456 160,615 0 (160,615) N/A 166,375 1,358,729 1,614,767 256,039 15.9% 2,422,151 REDLIGHT PHOTO ENFCEMT FD(1045)-Revenue 718 602 0 602 N/A 782,555 9,090 6,407 2,683 41.9% 6,407 REDLIGHT PHOTO ENFCEMT ED(1045)-Expense 38,928 33,018 72,935 39,917 54.7% 534,076 576,109 583,482 7,373 1.3% 875,223 HEALTH 1115 MCAID WAIVER(1046)-Revenue 982 1,420 0 1,420 N/A 632,911 11,481 28,204 (16,723) -59.3% 0 HEALTH 1115 MCAID WAIVER(1046)-Expense 2,177 0 0 0 N/A 31,157 16,204 18,803 2,599 13.8% 28,204 REINVESTMENT ZONE NO.2 ED(1111)-Revenue 111,661 89,735 25,511 64,224 251.7% 3,559,991 3,924,704 3,729,834 194,870 5.2% 4,039,512 REINVESTMENT ZONE NO.2 ED(1111)-Expense 1,993 1,071 116,500 115,429 99.1% 214,793 168,833 931,997 763,164 81.9% 1,397,996 TIF NO.3 DOWNTOWN TIF(1112)-Revenue 12,472 18,571 108,415 (89,844) -82.9% 1,025,075 1,185,257 887,313 297,944 33.6% 1,320,973 TIF NO,3 DOWNTOWN TIE(1112)-Expense 45,416 33,025 208,159 175,134 84.1% 305,571 449,712 1,665,272 1,215,561 73.0% 2,497,909 6 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT May 31,2018 CURRENT MONTH YEAR-TO-DATE ACTUALS ACTUALS ANNUAL PRIOR CURRENT AMENDED °/a PRIOR CURRENT AMENDED % AMENDED SUMMARY BY FUND YEAR YEAR BUDGET VARIANCE FAV(UNFAV) YEAR YEAR BUDGET VARIANCE FAV(UNFAV) BUDGET SEAWALL IMPROVEMENT ED(1120)-Revenue 544,254 2,004,763 786,640 1,218,123 154.9% 19,684,630 6,689,227 5,736,455 952,773 16.6% 8,604,682 See Note SEAWALL IMPROVEMENT ED(1120)-Expense 240,865 240,872 579,622 338,750 58.4% 1,929,677 1,927,541 4,636,975 2,709,433 58.4% 6,955,462 ARENA FACD,TIY FUND(1130)-Revenue 530,304 1,981,099 2,058,187 (77,088) -3.7% 4,519,304 6,377,674 5,508,827 868,847 15.8% 8,263,241 See Note ARENA FACD.IIY FUND(1130)-Expense 524,758 541,904 584,694 42,790 7.3% 3,974,270 4,353,055 4,677,554 324,499 6.9% 7,016,331 BUSINESS/JOB DEVELOPMT FD(1140)-Revenue 523,773 755,960 6,250 749,710 11995.4% 4,471,244 5,721,386 5,377,535 343,850 6.4% 5,402,535 See Note BUSI4ESS/JOB DEVELOPMT ED(1140)-Expense 287,471 164,107 839,299 675,192 90A% 2,270,637 1,291,199 6,714,393 5,423,195 80.8% 10,071,590 DEVELOPMENT SERVICES ED(4670)-Revenue 712,024 661,057 632,235 28,822 4.6% 4,200,793 5,671,799 3,861,267 1,810,532 46.9% 6,445,325 See Note DEVELOPMENT SERVICES IT)(4670)-Expense 316,917 430,159 642,940 212,782 33.1% 4,110,031 3,409,358 5,143,524 1,734,166 33.7% 7,715,286 VISITORS FACILITIES FUND(4710)-Revenue 479,511 507,968 931,476 (423,508) -45.5% 3,843,782 4,256,448 4,166,700 89,748 2.2% 11,744,742 VISITORS FACILITIES FUND(4710)-Expense 117,128 489,933 1,141,390 651,456 57.1% 2,487,586 3,974,330 9,131,116 5,156,786 56.5% 13,696,674 LEPC FUND(6060)-Revenue 343 250 10,000 (9,750) 97.5% 225,783 175,444 81,412 94,032 115.5% 269,812 LEPC FUND(6060)-Expense 7,019 (731) 22,444 23,175 103.3% 149,653 149,714 179,550 29,836 16.6% 269,325 C.C.CRIME CONTROL DIST FUND(9010)-Revenue 511,931 572,365 552,375 19,990 3.6% 4,385,317 4,887,603 4,419,000 468,603 10.6% 6,628,501 C.C.CRIME CONTROL DISI FUND(9010)-Expense 713,436 493,773 556,367 62,594 11.3% 5,108,307 4,144,540 4,450,938 306,398 6.9% 6,676,406 TOTAL SPECIAL REV FUND REVENUE 7,4t6,943 n,zze,o9t 9,649,15s 1,578,936 16.9% 79,204,571 74,870,339 68,924,777 5,945,557 6.6% 108,452,275 TOTAL SPECIAL REV FUND EXPENSE 5,469,274 7,an,o71 1o,3sz,t73 3,o1a,z6a z9a% 49,410,128 51,033,180 95,632,134 39,798,959 40.5% 128,748,200 TOTAL ALL FUND REVENUE 60,027,470 65,938,240 66,118,848 (180,608) -0.3% 603,439,261 608,415,186 622,345,731 (13,930,544) -2.2% 896,922,338 TOTAL ALL FUND EXPENSE 46,258,320 54,373,403 79,194,657 24,886,043 31.4% 512,639,403 508,711,373 640,222,011 131,510,638 20.5% 959,120,827 7 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT FOR THE 8 MONTHS ENDING May 31,2018 NOTES 8 Months Ending General Fund Budget Actuals Variance Revenues 189,195,748 189,184,951 -10,797 General Property Tax 70,792,364 69,905,183 -887,181 A greater number of property owners elected to pay quarterly due to the storm. We will see a correction in coming months. Sales tax 36,307,184 38,888,728 2,581,544 Positive trend continues as we are up for the 8 months. Other Taxes 12,469,583 10,484,463 -1,985,120 Due mostly to Industrial in lieu of taxes shortfall of almost$1.8 million. Franchise Fees 10,640,574 9,520,972 -1,119,601 We do anticipate this revenue to come in lower then budgeted due to a decreased revenue from Cable and Telecommunication franchises. Public Safety Svcs 9,695,656 8,649,033 -1,046,623 Emergency Call revenue ($362K),Towing & Storage charges ($282K), 911 Wireless ($77K) and Wireline ($162K) and Parking revenue ($132) are all under budgeted numbers. Emergency Call revenue, Towing & Storage and Parking charges are a concern and the rest are timing differences. Enterprise Funds Budget Actuals Variance Water Fund Revenue 89,601,281 87,016,564 -2,584,717 Disconnect & Late fees are under budgeted amount by$1,068,000 due to waiver of these charges after storm event.These fees will start being charged in June, but are expected to fall short of budgeted amounts. Raw water charges for contract customers are down by$1,182,000 and Large volume users are down by$706,000. Most revenues are expected to improve in the last four months of the fiscal year. Gas Fund Revenue 26,960,508 22,222,707 -4,737,801 Due to Purchased Gas Adjustment-Cost of Natural Gas lower than budgeted so we have lower revenues and expenditures. Wastewater Fund Revenue 52,982,784 46,893,126 -6,089,658 Starting in the second quarter the City moved to charging residential customers for wastewater usage based on actual water consumption. Residential and Commercial revenues are below budgeted amounts. Revenue is expected to improve the last four months of the fiscal year. Accuracy of billing is currently being reviewed. TOTAL ENTERPRISE FUNDS 201,209,684 187,755,038 -13,454,646 8 Internal Service Funds Budget Actuals Variance Engineering Svs Fund Revenue 3,736,879 102,166 -3,634,713 Entry for project revenue has not been made yet. Revenue is expected near budgeted levels at years end. Police Health Fund Revenue 6,499,112 6,207,312 -291,800 Retiree contribution revenue is low. Also employee contribution is short due to the election of a less expensive plan option. Citicare Health Fund Revenue 17,460,856 14,651,694 -2,809,162 Employee contribution revenue is short because more employees chose the value plan than anticipated. Emp Contribution budgeted at 51%Choice & 49%value. Actuals are 13% Choice & 87%Value. TOTAL INTERNAL SERVICE FUNDS 70,063,915 63,586,554 -6,477,361 Special Revenue Funds Budget Actuals Variance HOT Fund Revenue 8,279,408 9,266,751 987,343 Mostly due to increased activity resulting from the storm. Seawall Fd Revenue 5,736,455 6,689,227 952,773 Increase in sales tax revenue Arena Fd Revenue 5,508,827 6,377,674 868,847 Increase in sales tax revenue Business&Job Dev Fd Revenue 5,377,535 5,721,386 343,850 Increase in sales tax revenue Dev Services Fd Revenue 3,861,267 5,671,799 1,810,532 Permit revenue up due mostly to increased activity after the storm. C.C. Crime Control Revenue 4,419,000 4,887,603 468,603 Increase in sales tax revenue TOTAL SPECIAL REVENUE FUNDS 68,924,777 74,870,334 5,945,557 9 General Fund 8 Months Ending Budget Actuals Variance Expenditures 169,707,131 151,427,008 -18,280,123 VARIANCE EXPENSES MAYOR 28,217 Savings in Travel, Printing and other operational Exp CITY COUNCIL 33,019 Almost no use in the Council Business exp Operating Savings in multiple accts (Especially LEGAL 277,710 Professional Services) CITY AUDITOR 71,182 Salary Savings CITY MANAGER 544,852 Operational Savings(Travel, Professional Srvs.) CITY SECRETARY 44,456 Savings in Travel, Printing and other operational Exp FINANCE 509,596 Savings in Professional Servs. (Pos not yet paid) OFFICE OF MANAGEMENT AND BUDGET 115,670 Savings in Professional Servs. (Pos not yet paid) HUMAN RESOURCES 259,958 Savings in Professional Servs. (Pos not yet paid) MUNICIPAL COURT-JUDICIAL 34,542 Savings in Professional Servs. MUNICIPAL COURT-ADMINISTRATION 329,727 Salary Savings and some savings in operating MUSEUMS (35,074) Post storm repairs Operating Savings in multiple accts (Especially FIRE 2,771,931 Professional Services) Operating Savings in multiple accts (Especially Professional Services and Salaries due to the academy POLICE 4,364,032 not starting until May) HEALTH SERVICES 581,191 Salary Savings and some savings in operating ANIMAL CARE SERVICES 519,264 Salary Savings and some savings in operating Salary Savings and Professional Srvs. (Pos and Harvey LIBRARY SERVICES 2,262,133 Repairs) Salary Savings and Professional Srvs. (Pos and Harvey PARK&RECREATION 2,891,970 Repairs) STREET SERVICES 743,392 Professional Srvs. (Pos) SOLID WASTE SERVICES 790,307 Post storm activity COMMUNITY DEVELOPMENT 250,258 Salary Savings and some savings in operating COMPREHENSIVE PLANNING 619,752 Savings in Professional Srvs. TOURISM 515,962 Payment will occur in next few months ECONOMIC DEVELOPMENT 611,830 380 Payments are expected in the next few months TRANSFER TO STREET 0 Residential Street Transfer(2.9million) occurred in one OPERATING TRANSFERS OUT (855,755) month RESERVE APPROPRIATION 0 ACCRUED PAY RESERVE 0 OTHER ACTIVITIES 0 TOTAL GENERAL FUND EXPENSES 18,280,123 10 Budget Actuals Variance Enterprise Funds Water Fund 100,419,082 81,266,050 19,153,032 Under budgeted amounts mostly in Salaries, Prof Svcs, chemicals,vehicles, Harvey Repairs ($1.2M)and transfer to Debt($10M). Do have ($2.8M) in encumbrances. Gas Fund 26,478,398 21,108,130 5,370,268 Under budgeted amounts in Gas Purchases ($4.7M)&Salary savings and Professional Services. WW Fund 56,310,846 40,617,998 15,692,848 Under budgeted amounts mostly in Salaries, Prof Svcs,vehicles and Trans to IDIQ projects ($9M). Do have ($3M) in encumbrances. Airport Fund 6,608,546 5,425,726 1,182,820 Harvey org ($250K),facilities, spread a little among all orgs. $160K encumbered. TOTAL ENTERPRISE FUNDS 225,044,581 182,536,888 42,507,693 Internal Service Funds Fleet Maintenance 16,520,774 10,571,090 5,949,684 Behind in purchasing for future replacement, $9M budgeted for the year, have spent only$1.5M, $3M Encumbered. Remaining in vacancy savings and service station. Facilities Maintenance 4,469,851 3,035,226 1,434,625 Have a reserve for$1,020,000, 0 spent so this is$700K short Have encumbrances of$476K. Remaining in vacancy savings. IT Fund 12,007,276 10,336,419 1,670,857 Mostly due to the timing of professional service contracts and salary savings. Engineering Svs Fund 5,030,471 3,795,615 1,234,855 Spread throughout organization, mostly vacancies. Citicare Health Fund 14,442,901 10,121,697 4,321,204 Reverse effect from the revenue note. Potentially we could see an increase in the last 4 months of the fiscal year. General Liability 4,291,813 3,947,286 344,527 Mostly due to timing of Insurance premiums and damage claims payment. We expect this to increase and reach budgeted levels by year end. Workers Comp 1,776,459 2,169,270 -392,811 A singular WC case has emerged that is significantly impacting the available funds. Other Employee Benefits 1,774,531 1,361,266 413,265 Mostly due to lower then budgeted costs of Dental and other claims. We expect this to increase and reach budgeted levels by year end. TOTAL INTERNAL SERVICE FUNDS 78,155,123 62,246,998 15,908,125 11 Budget Actuals Variance Special Revenue Funds HOT Fund 13,153,934 11,097,965 2,055,969 100K Economic Dev. 168K in Harvey 200K in 300K in Advertising Reimburse. Rest in Convention Center Capital and Maintenance Street Fund 30,581,713 16,500,299 14,081,413 Street Preventative Maintenance Program project time line TIF#2 931,997 168,833 763,164 Debt Payment not made yet TIF#3 1,665,272 449,712 1,215,561 Project time lines Seawall Fund 4,636,975 1,927,541 2,709,433 No transfer made yet to Seawall CIP-budgeted $4,050,000 Business&Job Dev Fd 6,714,393 1,291,199 5,423,195 Small & Large incentives not paid out yet Dev Services Fd 5,143,524 3,409,358 1,734,166 Salary and professional Services, $725K encumbered Visitors Facilities 9,131,116 3,974,330 5,156,786 Capital Improvement project time lines TOTAL SPECIAL REVENUE FUNDS 85,832,134 51,033,180 34,798,954 12 Cit`' of Corpus Christi 1201 Leopard Street 1 City Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday,June 26,2018 11:30 AM City 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 11:31 a.m. B. Invocation to be given by Reverend Bruce Wilson, Chaplain, Metro Ministries. Reverend Bruce Wilson gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Kimberly Houston, Interim City Auditor. Interim City Auditor Kimberly Houston 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 7/13/2018 City Council Meeting Minutes June 26,2018 Present: 9- Mayor Joe McComb,Council Member Rudy Garza Jr.,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 July 4, 2018, "Mayor's 4th of July Big Bang Celebration". Recognition of"Mayor's July 4th Big Bang Celebration" Essay Contest Winners. Proclamation declaring July 1, 2018, "Ms. Coastal Bend Senior Pageant Day". Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor McComb presented the proclamations, recognized the "Mayor's July 4th Big Bang Celebration" Essay Contest Winners, and conducted the swearing-in ceremony for newly appointed board and committee members. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb deviated from the agenda and referred to comments from the public. Sherry Sells, 5014 Wingfoot,spoke regarding sidewalk conditions; ADA accessibility on sidewalks;enforcement of sidewalk repairs; and the requirement that property owners are responsible for maintaining their sidewalks. Dorothy Pena, 5906 Cinnamon Oaks,thanked the City Council for keeping the Zavala, Greenwood, and Broadmoor Senior Centers open and provided funding options for maintaining parks including an Open Space Ordinance and soda tax. Joan Veith, 5701 Cain Drive, complimented Gas Department employees on their efficiency and politeness during a recent visit to her residence.Andrea Montalvo-Hamid, 7030 Wakeforest,spoke regarding proposed budget cuts to the Parks and Recreation Department and in support of the City submitting a letter to the entities in the City's industrial districts requesting that they pay their fair share of taxes. Melissa Zamora spoke regarding the following: in opposition to budget cuts to the Parks and Recreation Department; in support of the City submitting a letter to the entities in the City's industrial districts requesting that they pay their fair share of taxes; and in support of adding a$2.00 charge to residential utility bills to be City of Corpus Christi Page 2 Printed on 7/13/2018 City Council Meeting Minutes June 26,2018 allocated fairly to each department. Brittany Garcia spoke regarding the environmental, health and budgetary benefits of parks and green spaces. BRIEFINGS: (ITEM 26) 26. Harbor Bridge Replacement Project Update Mayor McComb deviated from the agenda and referred to Item 26. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to allow representatives with Flatiron Dragados to provide a quarterly update on the progress of the Harbor Bridge Replacement Project. Hunter Bodycott, Project Manager, provided the following information:the project sections;the construction progress including: roadworks,the Comanche Street Bridge Reconstruction, the Stillman Pedestrian Bridge Reconstruction,the Staples Street Bridge demolition, the IH 37 traffic switch,the Robstown pre-cast yard, approaches -pile driving, approaches -footing, and the north and south of the Port foundation pours; upcoming traffic impacts; and on-line traffic information. A council member discussed the following topics:the project scope and details and the status of the Leopard Street project and impacts. 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 returned to comments from the public. Adam Carrington, 2949 Riverbend Court, spoke in support of increasing term limits of City Council members from two years to four years. Mariah Boone, 710 Ponder, spoke regarding democracy in City Council meetings and changing the time for public comment. Mimosa Thomas, 710 Ponder,spoke regarding the following topics: concern with the way the City Council meeting is being run;the public comment period of the meeting; in opposition to Parks and Recreation budget cuts; and in support of the City submitting a letter to the entities in the City's industrial districts requesting that they pay their fair share of taxes. Selena Ortega,4737 Rogerson ,spoke in support of changing the time for public comment to a later time. Julie Rogers, 710 Furman Avenue, spoke regarding the following topics: a statement expressing that she felt her freedom of speech rights had been violated; problems associated with last year's Mayor's 4th of July Big Bang Celebration; and basic communication problems between the City and the public. Sylvia Campos,4410 Fir,spoke regarding the following topics:the City's proposed budget; democracy; and encouraged the City Council to listen to the public and direct staff to meet with City of Corpus Christi Page 3 Printed on 7/13/2018 City Council Meeting Minutes June 26,2018 citizens to address their concerns. Susie Luna Saldana, 4710 Hakel,spoke regarding the City's budget and prioritizing public safety. Isabel Araiza, 326 Poenisch,spoke regarding the following topics: starting the public comment period at the designated time; changes made to the public comment time to accommodate other agenda items;the appointment of Police Chief Mike Markle as Interim Assistant City Manager;the City being set up as a paramilitary City; democracy; the City's budget; and in support of the industrial districts paying their fair share of taxes. Ron Navarro, 1414 Peabody, spoke regarding issues in the Hillcrest community related to the Harbor Bridge Replacement project. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb deviated from the agenda and referred to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: C. OTHER 1) The Vector Control Unit has been activated to address the mosquitoes. Workers are conducting larvicide prevention and mosquito traps have been set out to analyze the mosquito situation. Residents are encouraged to remove standing water and mow the grass on their property to help reduce mosquitoes.2)The Corpus Christi International Airport documented approximately 10 inches of rain during the recent rain event. However,the rain occurred mostly south of Corpus Christi and did not fall at the City's watershed. The cumulative total of Choke Canyon and Lake Corpus Christi is still at 41.1°/x. A combined total of 50% is required to come out of Stage 1 of the City's Drought Contingency Plan.Water accumulated at Lake Texana and the City will likely receive an offer from the Lavaca-Navidad River Authority to move water via the Mary Rhodes Pipeline. 3) The Utilities Department is holding a public meeting on the Water Quality Report on Monday,July 9, 2018 at 6:00 p.m. at the Water Utilities Building located at 2726 Holly Road. The report will also be made available through the mail.4)Interim City Manager Selman made the following statement regarding comments made by an outside presenter at the June 21,2018 City Council Workshop: "During last Thursday's meeting, a statement was made by two of the presenters that firefighting is a young man's job and that statement represented only the personal opinion of those that were presenting. The City and its managers do not discriminate on the basis of age or sex and we do not endorse the viewpoint presented by that statement". 5) Interim City Manager Selman recognized employees from the Utilities and Communication Departments for receiving the following: the Utilities Department earned the Watermark Award from the Texas Section of the American Water Works Association as a result of a video created by the Communication Department highlighting the current water quality projects and the Communication Department was presented an award by the Texas Association of Municipal Information Officers for the 2017"City Hall in the Mall" event. a. CITY PERFORMANCE REPORT-ANIMAL CARE Mike Gillis, Animal Care Service Program Manager, provided a briefing on the mission,statement, operational profile, baseline information and performance indicators of Animal Care Services. City of Corpus Christi Page 4 Printed on 7/13/2018 City Council Meeting Minutes June 26,2018 Council members and Mr. Gillis discussed the following topics: if the City has enough chemicals to address mosquitoes; providing the public with an up-to-date map of the mosquito spraying schedule and suggestions on how to protect animals; non-traditional communication initiatives to provide information to residents to reduce mosquito infestation;spraying for adult mosquitoes; goals for live release; and whether Animal Care Services has seen an increase in the number of abandoned animals in the Hillcrest neighborhood. b. STRATEGIC FUTURE ISSUES None. G. MINUTES: 2. Regular Meeting of June 19, 2018. Mayor McComb referred to approval of the minutes. Council Member Lindsey-Opel made a motion to approve the minutes,seconded by Council Member Hunter and passed unanimously. R. EXECUTIVE SESSION: (ITEM 29) Mayor McComb deviated from the agenda and referred to Executive Session Item 43. The Council went into executive session at 1:36 p.m. The Council returned from executive session at 2:19 p.m. 29. Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning the City's franchise agreement with AEP Texas Central Company and/or Nueces Electric Cooperative, fees payable pursuant to said franchise, and the AEP application for changes to its Energy Efficiency Cost Recovery Factor at the Texas Public Utility Commission. Mayor McComb referred to Item 29. Council Member Smith made a motion to waive the confidentiality of executive session,seconded by Council Member Lindsey-Opel and passed unanimously. City Attorney Miles K. Risley provided a brief overview of the AEP and Nueces Electric Cooperative power factors. The following motion was considered: Motion authorizing the City Attorney to initiate discussions with AEP and Nueces Electric Cooperative to develop ordinances for City Council consideration to provide for 5%increase in the power factor charged to AEP and NEC consumers in the City of Corpus Christi pursuant to Section 6 of said franchises. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: City of Corpus Christi Page 5 Printed on 7/13/2018 City Council Meeting Minutes June 26,2018 Aye: 9- Mayor McComb, Council Member Garza Jr., 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 Enactment No: M2018-110 L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 29. H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 15) 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 Lindsey-Opel,seconded by Council Member Rubio,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 Jr., 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 3. 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. This Resolution was passed on the consent agenda. Enactment No: 031462 4. Service Agreement for the Purchase and Installation of MetroCom 911 Dispatch Consoles Motion authorizing the purchase and installation of MetroCom 911 Dispatch Consoles, with a one-year service agreement for $305,346 from Russ Bassett of Whittier, California, via Houston-Galveston Area City of Corpus Christi Page 6 Printed on 7/13/2018 City Council Meeting Minutes June 26,2018 Council Cooperative. This Motion was passed on the consent agenda. Enactment No: M2018-105 5. 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 Terrorism Activity. This Resolution was passed on the consent agenda. Enactment No: 031463 6. 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. This Motion was passed on the consent agenda. Enactment No: M2018-106 7. 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. This Motion was passed on the consent agenda. Enactment No: M2018-107 8. 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 City of Corpus Christi Page 7 Printed on 7/13/2018 City Council Meeting Minutes June 26,2018 design, bid and construction phase services. (Capital Improvement Program - CIP) This Motion was passed on the consent agenda. Enactment No: M2018-108 9. 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. This Resolution was passed on the consent agenda. Enactment No: 031464 10. 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. This Motion was passed on the consent agenda. Enactment No: M2018-109 11. Second Reading Ordinance - Rezoning for a Property located at or near 4001 Leopard Street (1st Reading 6/19/18) Case No. 0418-02 Corpus Christi's Limousine's Unlimited, Inc.: 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 This Ordinance was passed on second reading on the consent agenda. Enactment No: 031465 12. Second Reading Ordinance -Accepting and Appropriating a Regional grant to support the Web Based Emergency Operations Center(WebEOC) (1st Reading 6/19/18) City of Corpus Christi Page 8 Printed on 7/13/2018 City Council Meeting Minutes June 26,2018 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031466 13. Second Reading Ordinance -Accepting and appropriating State grant for Immunization/Locals Grant Program for the contract period September 1, 2018 through August 31, 2019 (1st Reading 6/19/18) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031467 14. Second 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 (1st Reading 6/19/18) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031468 15. Second Reading Ordinance -Appropriating funds and authorizing execution of Advance Funding Agreement for Region-wide Bike Boulevard Wayfinding Initiative (1st Reading 6/19/18) 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. This Ordinance was passed on second reading on the consent agenda. City of Corpus Christi Page 9 Printed on 7/13/2018 City Council Meeting Minutes June 26,2018 Enactment No: 031469 M. PUBLIC HEARINGS: (ITEM 16) 16. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 9630 Compton Road. Case No. 0518-01 Suncrest Construction, Inc: Ordinance rezoning property at or near 9630 Compton Road from "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District. Planning Commission and Staff Recommendation (May 16, 2018): Approval of the change of zoning from the "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District. Mayor McComb referred to Item 16. 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 a 3,700 square foot single-family residence. 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 Council or the public. Mayor McComb closed the public hearing. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza Jr., 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: (ITEMS 17 - 18) 17. Resolution designating Mother Teresa Shelter in Corpus Christi as the subrecipient of Homeless Housing and Services Program funds for 2019 and 2020 Resolution designating Mother Teresa Shelter in Corpus Christi as the subrecipient of Homeless Housing and Services Program (HHSP) funds from the Texas Department of Housing and Community Affairs (TDHCA) for 2019 and 2020. Mayor McComb referred to Item 17. City Secretary Rebecca L. Huerta announced that Council Member Guajardo was abstaining on this item. City of Corpus Christi Page 10 Printed on 7/13/2018 City Council Meeting Minutes June 26,2018 Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to approve a resolution designating Mother Teresa Shelter in Corpus Christi as a subrecipient of Homeless Housing and Service Program funds from the Texas Department of Housing and Community Development(TDHCA). The Mother Teresa Shelter has been receiving and administering the funding since 2010. Beginning in the 2018-2019 funding cycle, TDHCA is requiring cities to formally designate subrecipients. There were no comments from the public. Council Member Lindsey-Opel made a motion to approve the resolution, seconded by Council Member Rubio. This Resolution was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza Jr., Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 1 - Council Member Guajardo Enactment No: 031470 18. 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) Mayor McComb referred to Item 18, authorizing Amendment No. 1 to the professional services contract for the Old Broadway Wastewater Treatment Plant Decommissioning. Director of Engineering Services Jeff Edmonds stated that this item was presented at the June 19,2018 Council meeting and additional information was provided in the City Manager's Report to respond to City Council's questions. There were no comments from the public. Council members and staff discussed the following topics:the engineering fees related to the demolition; how critical it is to develop green space when the Hillcrest neighborhood is being relocated;the urgency to demolish the old plant;staff's recommendation for demolition of the old plant to reduce environmental risks and blight; operations at the new Broadway Wastewater Treatment Plant; legal issues associated with the components of the new Broadway Wastewater Treatment Plant; a council member expressed concern with decommissioning the old plant when the plant might be needed to address issue experienced by the recent rain events;the agreement between the City and the Hillcrest Neighborhood Association to demolish the old plant and replace with green space;the amount of land that will be available after the Staples Street Extension project and its value;the highest, best use for the remaining property to be repurposed;the estimated cost of demolition;the length of time the J.W. Cunningham Water Plant has been decommissioned; if funding for the entire decommissioning project is available or if bonds will be sold to cover the costs;the agreed order/consent decree related to the overall City of Corpus Christi Page 11 Printed on 7/13/2018 City Council Meeting Minutes June 26,2018 wastewater system and the decision related to Oso Creek;the scope of work for the original contract with Freese and Nichols; and the cost of the new Broadway Wastewater Treatment Plant. Council Member Garza made a motion to table the item,seconded by Council Member Hunter. This item was tabled with the following vote: Aye: 9- Mayor McComb, Council Member Garza Jr., 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 O. FIRST READING ORDINANCES: (ITEMS 19 -22) 19. First Reading Ordinance - Rezoning property at or near 6502 and 6630 Agnes Street (Public Hearing held 6/12/18) (Tabled to 6/26/18) 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 Recommendation (April 18, 2018): Approval of the change of zoning from from "I L" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions. Applicants Amended Request: 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. Staff Recommendation with amendments: 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. Mayor McComb referred to Item 19. Interim City Manager Keith Selman stated that staff requested that this item be tabled. Council Member Hunter made a motion to table the item, seconded by Council Member Molina. This item was tabled with the following vote: Aye: 9- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith City of Corpus Christi Page 12 Printed on 7/13/2018 City Council Meeting Minutes June 26,2018 Abstained: 0 20. First Reading Ordinance -Accepting and appropriating State grant funds for the contract period of October 1, 2018 through September 30, 2019 Ordinance accepting an amendment to the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities grant in the amount of$50,000, increasing the total amount to $200,000, from the Texas Department of State Health Services to continue implementing systems and strategies addressing Texas Healthy Communities priority indicators; and appropriating the increased grant amount. Mayor McComb referred to item 20. Director of Public Health Annette Rodriguez stated that the purpose of this item is to accept a grant in the amount of$50,000 from the Texas Department of State Health Services, increasing the total amount of the grant to$200,000 to continue the Texas Health Communities grant. There were no comments from the Council or the public. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 21. First Reading Ordinance - Farm and Grazing Land Leases at Corpus Christi International Airport Ordinance authorizing two, five-year Farm Leases with Matt Danysh Farms, Inc and S & S Farms Partnership, and one five-year Grazing Lease with S & S Farms Partnership with a three year option for all leases for land located at Corpus Christi International Airport with projected annual revenue of$133,806.45. Mayor McComb referred to Item 21. Director of Aviation Fred Segundo stated that the purpose of this item is to approve two,five-year farm leases with Matt Danysh Farms, Inc. and S &S Farms Partnership, and one five-year grazing lease with S &S Farms Partnership for land located at the Corpus Christi International Airport. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 13 Printed on 7/13/2018 City Council Meeting Minutes June 26,2018 Aye: 9- Mayor McComb, Council Member Garza Jr., 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 22. First Reading Ordinance -Appropriating funds for a Three-Year Service Agreement for the Purchase and Installation of a Public-Address System for Corpus Christi International Airport Ordinance appropriating $216,672 from the Unreserved Fund Balance in the Airport Fund; amending the operating budget; and approving a three-year service agreement for the purchase and installation of a public-address system from Ford Audio-Video System LLC of Austin, Texas, via BuyBoard Cooperative, for an amount not to exceed $216,672. Mayor McComb referred to Item 22. Director of Aviation Fred Segundo stated that the purpose of this item is to appropriate$216,672 from the Unreserved Fund Balance for a three-year service agreement for the purchase and installation of a public-address system. 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: 9- Mayor McComb, Council Member Garza Jr., 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 P. FUTURE AGENDA ITEMS: (ITEMS 23 - 25) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff did not have planned presentations. Council members requested information on Item 25. 23. Resolution authorizing submission of grant application for Automobile Burglary Theft Prevention Authority Resolution authorizing submission of grant application for $410,973 to Automobile Burglary Theft Prevention Authority to continue motor vehicle theft enforcement grant with City cash match of$673,711, in-kind match of$61,105, and program income match of$1,831 for a total project cost of$1,147,620. This Resolution was recommended to the consent agenda. City of Corpus Christi Page 14 Printed on 7/13/2018 City Council Meeting Minutes June 26,2018 24. Resolution for the purchase of nine Crispin butterfly valves for O.N. Stevens Water Treatment Plant -Sole Source Resolution authorizing the purchase of nine Crispin valves from Municipal Valve and Equipment Company from Addison, Texas for a total amount not to exceed $145,854.00. This Resolution was recommended to the consent agenda. 25. Two Construction Contracts for Community Development and Improvements - Bill Witt Park (Bond 2012, Proposition 4) Motion authorizing a construction contract with ABBA Construction LLC of Laredo, Texas in the amount of$282,999.75 for Base Bid A and a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of$572,533.22 for Base Bid B for Community Park Development and Improvements - Bill Witt Park project. (Bond 2012, Proposition 4). This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEMS 26 -28) 27. Parks Master Plan Update Mayor McComb referred to Item 27. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to provide an update regarding the Parks Master Plan. Mr. Ellington presented the following information:the project branding; public engagement activities to gather input;the survey process;the data analysis; and next steps. Council members and staff discussed the following topics:the public outreach dates; bringing the Parks Master Plan back to City Council after the survey is complete to consider a list of parks projects to include in Bond 2018;staff's recommendation of bond projects; the repurposed parks list; how new park projects will impact the budget related to maintenance; developing a model to address the maintenance of large parks that will not effect the existing parks system; dedicating resources to The Water's Edge Park; how repurposing parks reduces operating costs and benefits the parks system's budget; if the community center concept is included in the Parks Master Plan; and utilization of parks. 28. Discussion regarding illegal dumping of tires. Mayor McComb referred to item 28. Interim City Manager Keith Selman stated that at the last City Council meeting, Council Member Guajardo requested that an item be placed on the agenda to discuss illegal dumping of tires. Director of Solid Waste Operations Lawrence Mikolajczyk reported on the following: Solid Waste Operations accepts tires at the J.C. Elliot Transfer Station; four tires can be disposed of daily at no charge to residents;there is a small fee associated City of Corpus Christi Page 15 Printed on 7/13/2018 City Council Meeting Minutes June 26,2018 with the disposal of more than four tires; and up to four tires can be set out curbside to be collected during the bulky items/brush collection cycle. Mr. Mikolajczyk stated that illegal dumping usually occurs because citizens do not want to pay a disposal fee charged by retail sellers. Mr. Mikolajczyk stated that an ordinance could be created to further regulate retail tire sellers and distributors to prohibit residents from leaving their establishment with tires. Council members and staff discussed the following topics: regulating retail tire businesses; if there is a requirement that tire shop operators keep a registered log of tires picked up by a contractor who disposes of tires; Solid Waste Operations allowing the disposal of four tires daily at no charge to residents and a small fee for disposal of more than four tires; tire collection during the bulky/brush collection cycle; the vendor used by the City to remove tires from the J.C. Elliott Transfer Station; increasing awareness and educating the residents regarding services offered by Solid Waste Operations related to the disposal of tires; addressing illegal dumping at Bates Road and Flato Road;the passage of an ordinance mandating that tires are to be surrendered at retail tire businesses; if the City of Austin discontinued bulky item collection; and if the City has considered operating its own recycling plant. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. The following item was identified: discuss ways to diversify water supply. T. ADJOURNMENT The meeting was adjourned at 3:46 p.m. City of Corpus Christi Page 16 Printed on 7/13/2018 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Workshop Session Thursday,June 21,2018 9:00 AM City Council Chambers Public Notice - - ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. COUNCIL MAY GIVE DIRECTION TO THE CITY MANAGER, BUT NO OTHER ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 9:06 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. Charter Officers present: Interim City Manager Keith Selman, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present 7- Mayor Joe McComb, Council Member Paulette Guajardo, Council Member Michael Hunter, Council Member Debbie Lindsey-Opel, Council Member Ben Molina, Council Member Everett Roy, and Council Member Lucy Rubio Absent 1 - Council Member Greg Smith Council Member Lindsey-Opel arrived at 9:15 a.m. C. BRIEFINGS TO CITY COUNCIL: 1. Review of the Corpus Christi Firefighters' Retirement System Mayor McComb referred to Item 1. Matt Wood, Board Chairman, Corpus Christi Fire Fighters'Retirement System (CCFFRS), presented information on the following topics regarding the CCFFRS: history; board members; membership/retirement eligibility; benefit formula;funding basics; a comparison among other Texas Local Fire Fighters Retirement Act systems; and contributions /distributions from 2006-2017. A council member and Mr.Wood discussed the following topics: the mayor's appointee to the CCFFRS's board of directors; qualifications for retirement and City of Corpus Christi Page 1 Printed on 6/27/2018 City Council Workshop Session Meeting Minutes June 21,2018 how benefits are calculated. Mark Fenlaw of Rudd and Wisdom, Inc., consulting actuaries for the CCFFRS, presented information on the following topics regarding the CCFFRS ("system"): benefit increases for retirees; system soundness; December 31, 2016 actuarial valuation results;steps taken to strengthen the system; requirements for benefit increases; retiree benefit data; monthly benefit amounts; data relating to active employees; and the City's vested interest in the system. Mr.Wood presented information on the following topics regarding the CCFFRS: recognition of the system's practices;the system's investment best practices and investments; actuarially determined contributions by the City; and a summary of the system's goals. Mayor McComb read a prepared statement from absent Council Member Smith. Council members and the presenters discussed the following topics: number of years required to pay the unfunded liability; amount of the unfunded liability over the years;the investment rate assumption; past performance estimates versus actual past performance; the assumed rate of return and how it is calculated;the national average for each of the following: age of fire fighter retirees,fire fighters'life span, and age of fire fighters at hire;the benefits formula; past versus current year asset allocations; beneficiary designation; best practices; peer reviews; past system losses and efforts to make up said losses; and retiree benefit increases. 2. United Corpus Christi Chamber of Commerce Recommendations for Funding of Residential Streets Mayor McComb refered to Item 2. Alan Wilson, Chairman of the United Corpus Christi Chamber of Commerce's Residential Streets Committee (Committee) presented information on the following topics: a summary of the presentation;funding of residential streets; the Committee's goals and recommendations; and final comments. Council members and Mr.Wilson discussed potholes. Council members thanked Mr. Wilson and the Committee for their work. 3. Budget Workshop 5 - Overview of Fiscal 2018-2019 Budget Mayor McComb referred to Item 3. Director of Management& Budget Eddie Houlihan presented information on the status of the FY 2019 budget. Council members and staff discussed the following topics: the departments in the General Fund that will not experience budget cuts, as presented today; potentially cutting city council members' business accounts;funding public safety; eliminating a full-time equivalent(FTE); council members paying out-of-pocket for their lunches during council meetings and being provided a one-hour lunch break;that improvements in the Police and Fire Departments are needed to realize cost efficiencies; and doing more with current staffing levels versus reducing staff levels. City of Corpus Christi Page 2 Printed on 6/27/2018 City Council Workshop Session Meeting Minutes June 21,2018 Interim City Manager Keith Selman presented information on the following topics: the United Corpus Christi Chamber of Commerce's Residential Street Committee's recommendations; a property tax review, including potential adjustments to the Maintenance&Operations (M&O) and Interest&Sinking (I&S) portions; a residential street rebuild funding proposal;staff's proposal regarding the budget shortfall and residential streets; and a M&O strategy and five-year outlook, including tax rate scenarios and utility impact. Council members and staff discussed having the next budget workshop on Thursday,June 28,2018 at 9:00 a.m. and the Texas Ambulance Supplemental Payment Plan (TASPP) revenues and their uses. D. ADJOURNMENT The meeting was adjourned at 11:06 a.m. City of Corpus Christi Page 3 Printed on 6/27/2018 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 i I cctexas.com �xa Meeting Minutes City Council Workshop Session Thursday,June 28,2018 9:00 AM City Council Chambers Public Notice - - ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. COUNCIL MAY GIVE DIRECTION TO THE CITY MANAGER, BUT NO OTHER ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 9:03 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present 9- Mayor Joe McComb, 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, Council Member Greg Smith, and Council Member Rudy Garza Jr. Council Member Everett Roy arrived at 9:04 a.m. Council Member Lindsey-Opel arrived at 9:05 a.m. C. BRIEFINGS TO CITY COUNCIL: 1. Budget Workshop 6 - Overview of the 2018 -2019 Budget Mayor McComb referred to Item 1. Director of Management and Budget Eddie Houlihan presented information on the following topics: current status of the FY18-19 budget; potential General Fund reductions totaling $1,538,123; and staff's proposal. City of Corpus Christi Page 1 Printed on 7/12/2018 City Council Workshop Session Meeting Minutes June 28,2018 Noe Hinojosa of Estrada Hinojosa Company, Inc.,the City's financial advisor, presented information on the following topics: general obligation debt outstanding;2018A general obligation taxable restructuring of$36.95 million in refunded bonds; and the tax rate impact and final 2018 pricing for a$52 million bond election and related schedule of events. Council members and Mr. Hinojosa discussed the following topics: the City's current and future debt capacity; deferring payment of existing bond obligations; defeasance; the increased cost of debt service over the past years; the impact on the property tax rate; changes in the Maintenance and Operation (M&O)and Interest and Sinking(I&S) portions of the property tax rate over recent years;the amount of a 2018 bond that the current property tax rate can absorb;the assumed growth rates used in Mr. Hinojosa's analysis; a history of the City's debt and capital needs; bond monies dedicated to street reconstruction; adopting the proposed debt restructing plan versus reducing City services;the estimated cost of the proposed debt restructuring; and that the fund balance will not be utilized under the proposed debt restructuring. Interim City Manager Keith Selman presented information on a residential street proposal involving the use of Type B funds and 2018 Bond proceeds. Council members and staff discussed the following topics: the allowability of the use of Type B funds for reconstruction of arterial and collector roadways and not for residential streets; maintenance versus seal coat versus reconstruction of roadways;the Street Preventive Maintenance Program (SPMP);that the proposal, as presented, requires Council's commitment to appropriate $3 million dollars for residential streets annually;the progress to date on residential street reconstruction;savings realized from one-time sources;the two-cent voter-approved property tax increase; a desire to not add additional debt; dedicating monies to residential streets in the future by means of a resolution approved by Council; if certain residential streets may qualify to be identified as collector or arterial roadways;that the first two-cent property tax increase relating to the voter-approved 2-2-2 cent increase is proposed for the FY18-19 budget; the amount of additional revenue associated with a one-cent and two-cent increase in the property tax rate; using property taxes to service debt for residential street reconstruction;that the voter-approved 2-2-2 cent property tax increase,specifically precludes it being used for debt service;the use of Type B funds to service debt for arterial and collector roadways; certificate of obligation sales tax bonds; paying debt on eligible Type B projects; use of Type B monies to fund debt service;the risk of a petition calling for an election regarding certificates of obligation; taking on a lesser amount of debt than the full amount that could be absorbed by the current property tax rate; and some council members preferring the pay-as-you-go approach to street repairs over the issuance of additional debt. Council Member Lindsey-Opel made a motion directing the Interim City Manager to put$10 million into the 2018 bond program, dedicated to residential streets, pending staff's recommendation on how this would be accomplished,seconded by Council Member Guajardo. Mayor McComb made a motion to amend the motion to include pay-as-you-go options,seconded by Council Member Smith. City of Corpus Christi Page 2 Printed on 7/12/2018 City Council Workshop Session Meeting Minutes June 28,2018 Council Member Lindsey-Opel withdrew her motion of direction. Council members and staff discussed the following topics: bringing back additional options to fund residential street repairs; thanks was extended to staff for the work they have done to date of the FY18-19 budget; and the Texas Ambulance Supplemental Payment Program (TASPP)funds being allocated solely for the Fire Department's use. MOTION OF DIRECTION Council Member Guajardo made a motion directing the Interim City Manager to allocate TASPP revenue to the Fire Department, beginning in FY19-20, seconded by Council Member Rubio. Council members and staff discussed the following topics: the effect of allowing department revenue to be kept by the department that generates it; that grant monies are department-specific and designated for the purpose for which each grant is intended; ways to reward departments for identifying new revenue sources; considering such a motion of direction for all departments, notjust a single City department;the ability to bind future City Councils by way of a motion of direction; use of TASPP funds for one-time costs versus using monies from the General Fund;the Fire Department's fleet funding requirements;the long-term stability of TASPP funding; and health fund costs related to the Fire Department. The motion of direction failed with the following vote: Mayor McComb and Council Members Molina, Roy, Smith, Garza and Lindsey-Opel voting"No" and Council Members Rubio, Guajardo and Hunter voting "Aye". Council members and staff discussed the date the Nueces County Appraisal District will have the certified roll to the City and if additional budget meetings are required. Interim City Manager Selman presented information on the following additional topics: the cumulative impact of various property tax and utility rate scenarios; General Fund five-year outlook; and additional revenue opportunities and potential efficiencies. Council members and staff discussed the need to further discuss residential streets at a future workshop session or regular City Council meeting. D. ADJOURNMENT The meeting was adjourned at 11:21 a.m. City of Corpus Christi Page 3 Printed on 7/12/2018 City Of Corpus Christi COMMITTEE FOR PERSONS WITH DISABILITIES BOARD DETAILS SIZE 9 Seats The Committee for Persons with Disabilities provides a program to TERM LENGTH 2 Years ll encourage, assist and enable persons OVERVIEW TERM LIMIT 6 Yearswith disabilities to participate in the social and economic life of the City; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Nine(9)residents of the city who shall be appointed by the City Council. The FTO-lk membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of DETAILS persons with disabilities,subject to Council approval.The Human Relations Administrator, Director of Parks and Recreation,and Building Official shall serve as ex-officio non-voting members.The Chairperson of the Committee for Persons with Disabilities shall serve as an ex-officio voting member of the Human Relations Commission. ............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Chapter 2,Article IV, Division 23,Code of Ordinances;Ord. No.024364(2/13/01). MEETS 1st Wednesday of the month at 3:00 p.m.,City Hall, City Council Chambers. ............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Two-year staggered terms. _.............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Human Relations ................................................................................................................................................................................................................................................................................................................... OTHER INFORMATION COMMITTEE FOR PERSONS WITH DISABILITIES Page 1 of 1 Committee for Persons with Disabilities July 17,2018 One(1)vacancy with term to 2/1/20.(Note:The committee is recommending the appointment of Melanie Gomez.) Dalia Gutierrez COMMITTEE FOR PERSONS WITH DISABILITIES Resigned District 1 2 2/1/20 Richard Balli COMMITTEE FOR PERSONS WITH DISABILITIES Active District 2 3 2/1/19 Chair Marshall Burns COMMITTEE FOR PERSONS WITH DISABILITIES Active District 2 3 2/1/20 Vice-Chair Mary C Bustos COMMITTEE FOR PERSONS WITH DISABILITIES Active District 3 2 2/1/19 James(T.C.)Chadden COMMITTEE FOR PERSONS WITH DISABILITIES Active District 2 1 2/1/20 Joe A.DeLaGarza COMMITTEE FOR PERSONS WITH DISABILITIES Active District 3 1 2/1/19 Anthony M Navarrette COMMITTEE FOR PERSONS WITH DISABILITIES Active District 3 1 2/1/20 Sabrina Ramirez COMMITTEE FOR PERSONS WITH DISABILITIES Active District 1 1 2/1/19 Anthony Zoccolillo COMMITTEE FOR PERSONS WITH DISABILITIES Active District 4 2 2/1/19 Building Official COMMITTEE FOR PERSONS WITH DISABILITIES Active N/A N/A Ex-Officio,Non-voting Human Relations Administrator COMMITTEE FOR PERSONS WITH DISABILITIES Active N/A N/A Ex-Officio,Non-voting Parks and Recreation Director COMMITTEE FOR PERSONS WITH DISABILITIES Active N/A N/A Ex-Officio,Non-voting Committee for Persons with Disabilities Applicants July 17,2018 Boards Applying For �® Belinda Barrera COMMITTEE FOR PERSONS WITH DISABILITIES District 3 Port Royal Hwy 361 Port Aransas TX Christina C Buttler COMMITTEE FOR PERSONS WITH DISABILITIES District 2 Coastal Bend Center for Independent Living 1537 Seventh Street Corpus Christi TX Robert Chapman COMMITTEE FOR PERSONS WITH DISABILITIES District 5 Retired TX Melanie R Gomez COMMITTEE FOR PERSONS WITH DISABILITIES District 2 Corpus Christi Regional Transportation Authority 602 N.Staples Corpus Christi TX Vanessa P Nisbet COMMITTEE FOR PERSONS WITH DISABILITIES District 2 The Rise School of Corpus Christi 744 Everhart Rd. Corpus Christi TX Elizabeth F Schlueter COMMITTEE FOR PERSONS WITH DISABILITIES District 5 The Deaf and Hard of Hearing Center 5151 McArdle Road Corpus Christi TX CITY OF CORPUS CHRISTI Submit Date: Nov 25, 2017 Application for a City Board, Commission, Committee or Corporation Profile Belinda Barrera 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 41 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Port Royal front desk Employer Job Title hwy 361 Work Address-Street Address and Suite Number port aransas Work Address-City Belinda Barrera Page 1 of 5 tX Work Address-State 78373 Work Address-Zip Code 3617495011 Work Phone lovebblucky@yahoo.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted CITIZENS ADVISORY HEALTH BOARD: Submitted COMMISSION ON CHILDREN & YOUTH: 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) college student major communications Why are you interested in serving on a City board, commission or committee? to be involved in my city Demographics Belinda Barrera 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 Belinda Barrera 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. na Belinda Barrera Page 4 of 5 Board-specific questions (if applicable) Question applies to COMMISSION ON CHILDREN &YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Health and Human Services Question applies to LIBRARY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Belinda Barrera Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: May 29, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mrs. Christina C Buttler Prefix First Name Middle Initial 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 40 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Coastal Bend Center for Transportation and Navigator Independent Living Program Manager nployer Job Title 1537 Seventh Street Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mrs. Christina C Buttler Page 1 of 5 TX Work Address-State 78404 Work Address-Zip Code 361-883-8461 Work Phone christinab@cbcil.org Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: 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) I have been on the Corpus Christi Crime Stoppers Board of Directors for the past 3 years. I am also on the Vinson Morris Children's Center (at First United Methodist Church) Board of Directors and have been on that board for almost 4 years. I recently completed Leadership Corpus Christi- Class 46. 1 was named one of the 40 honorees for Corpus Christi under 40. Why are you interested in serving on a City board, commission or committee? I have 6 years of professional experience with working with the disabled population and elderly community alike. I want to advocate for those individuals and assist in anyway necessary. I am excited and passionate about growing a stronger community in Corpus Christi. I want to give back to my city. CB Resume 1 pdf Upload a Resume Mrs. Christina C Buttler 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 Mrs. Christina C Buttler 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 Mrs. Christina C Buttler Page 4 of 5 Board-specific questions (if applicable) Mrs. Christina C Buttler Page 5 of 5 Christina Buttler Objective Seeking an opportunity to obtain a position that will utilize my years of experience alongside my ability to learn and adapt to new situations promptly for professional growth. Skills • Multi-task oriented,fast learner who adapts quickly to new situations and actively seeks ways to improve personal and organizational performance. • Excellent leadership and organizational skills with the ability to effectively handle multiple ongoing events and time critical projects. • Strong communication and interpersonal skills-accustomed to working with a broad spectrum of personalities. • Experience with customer relations and developing solutions to solve any conflicts. • Strong organizational skills with experience completing documents and accurately completing daily tasks. Education University of the Incarnate Word Bachelor of Applied Arts and Sciences December 13,2012 • National Dean's list • Dean's list Experience Affordable Care Act Navigator/Program Manager Coastal Bend Center for Independent Living October 2013 —present • Oversee Navigators to provide education and enrollment services to targeted population. • Lead and facilitate the CHIMES Navigator training and certification process. • Implement an evaluation and monitoring strategy to ensure Navigators are carrying out their roles effectively. • Oversee and enforce appropriate policies to control conflicts of interest and ensure CHIMES Program meets privacy and security standards. • Work with appropriate United Way of Tarrant County(lead agency)staff to manage the disbursement of funds and ensure compliance. • Ensure that submission of reports and supportive information to United Way of Tarrant County is completed in a timely manner. • Facilitate strategic thinking and collaboration to help Navigators overcome obstacles and achieve their goals. • Track Navigators'progress toward goals and regularly communicate with the lead agency and partners about performance and needed adjustments. • Oversee data collection efforts. • Work collaboratively with other involved regional entities'staff,divisions, and members of the advocacy and business communities to deliver a cooperative and coordinated effort around public education,outreach and enrollment assistance. • Attend on-going education and training; Schedule, coordinate, and deliver community educational presentations, seminars, and outreach events as well as provide enrollment assistance to target population. • Provide excellent customer service to both internal and external clients; • Make client home visits. • Provide coaching to all staff members. • Submit staff timesheets and activity detail biweekly with the fiscal department. • Complete staff evaluations. Relocation Specialist/Program Manager Coastal Bend Center for Independent Living October 2012—present • Conduct outreach,intake and assessment of referred consumers wishing to relocate from nursing facilities. • Assist in the development of a relocation plan. • Establish and maintain collaborative relationships with appropriate entities providing consumer relocation services. • Assure that necessary and appropriate services and supports are identified and secured for each consumer. • Assist consumers to apply for housing resources such as Project Access,TBRA(Tenant Based Rental Assistance) and Section 8 vouchers, and other appropriate housing preferences. • Meet with consumers as frequently as necessary to assure a smooth transition and successful relocation. • Provide consumer follow-up and support as required. • Meet all documentation(case notes and reports) and reporting requirements of the project including timely submission. • Coordinate with other services offered by CBCIL that meet consumer needs and preferences. • Submit programmatic information to fiscal department in timely and precise manner for invoices,billing, and other purposes as requested. • Provide coaching for all staff members. • Submit staff timesheets and activity detail biweekly with the fiscal department. • Complete staff evaluations. Dietary Technician CHRISTUS Spohn Hospital- Shoreline August 2000— October 2012 • Assist Registered Clinical Dieticians with patient diet instructions,food preferences, calorie counts as ordered per MD,patient complaints and customer service. • Other responsibilities include answering telephone calls,assisting patients with their daily menu selections,modifying patient menus as needed,data entry,fax/copy machine communication and customer service training for nutrition services staff. • Participate on hospital wide patient satisfaction committee. • Assist with ancillary departmental rounds with Case Management and Social Workers. Community Corpus Christi Under 40-2018 Honoree Involvement Corpus Christi Leadership Class XLVI Corpus Christi Crime Stoppers Board of Directors-member 2015-current Vinson Morris Children's Center Board of Directors-member 2015- current CITY OF CORPUS CHRISTI Submit Date: Jun 13, 2018 Application for a City Board, Commission, Committee or Corporation Profile Robert A Chapman 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 35 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone N/A Work Address-Street Address and Suite Number N/A@a N/A Work E-mail address Robert A Chapman Page 1 of 5 Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: 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 of Science in Vocational Education Why are you interested in serving on a City board, commission or committee? I have had previous experience in conducting accessibility of Texas schools for the Texas Education Agency. My spouse has ALS and accessibility is problem for her in getting around the city. Demographics Gender W Male Verification Robert A Chapman 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 Robert A Chapman 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. I did not answer yes. Board-specific questions (if applicable) Robert A Chapman Page 4 of 5 Robert A Chapman Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: May 14, 2018 Application for a City Board, Commission, Committee or Corporation Profile Melanie R Gomez First Name Middle Initial 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 40 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Corpus Christi Regional Transportation Authority Eligibility Coordinator ,,,,oyer Job Title 602 N. Staples Work Address-Street Address and Suite Number Corpus Christi Work Address-City Melanie R Gomez Page 1 of 5 TX Work Address-State 78401 Work Address-Zip Code 361-903-3464 Work Phone melgomez@ccrta.org Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: 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) Associates Degree in Psychology Why are you interested in serving on a City board, commission or committee? In 2006, 1 began learning about various disabilities and the need for transportation for persons with disabilities. I am currently the Eligibility Coordinator for CCRTA. One of my roles is determining eligibility for B-Line, ADA Paratransit service. I also play a role in serving CCRTA's Advisory Committee, RCAT, whose members provide knowledge, guidance and insight on transportation disadvantaged riders and services. Over the years, I have gained knowledge, experience and resources to better serve persons with disabilities. I believe I could bring some of that knowledge to the CFPWD. Melanie Gomez Resume Committee Member.docx Upload a Resume Melanie R Gomez 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 Melanie R Gomez 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 Melanie R Gomez Page 4 of 5 Board-specific questions (if applicable) Melanie R Gomez Page 5 of 5 MELANIE R. GOMEZ Work History Corpus Christi Regional Transportation Authority, Corpus Christi, Texas Eligibility Coordinator Jun 13, 2005 to present Provide technical expertise in the assessment and evaluation of applicants for paratransit services and the application of ADA standards for determining functional potential of eligible individuals. Interview clients, conduct eligibility assessments to determine eligibility of individuals with mobility, cognitive and visual impairments. Develop training programs and provide informational presentations to eligible individuals. Prepare detailed reports, training assessments, and evaluation findings. Develop and maintain calendar for eligibility related activity. Coordinate meetings with eligibility reviews and appeals committee. Facilitate monthly advisory board meetings, including creating meeting agenda, meeting notices, managing audio system, taking minutes, room preparation and lunch arrangements. In previous position, was required to provide clerical support, as a Senior Administrative Assistant, to the Director of Program Management and Facilities Maintenance Supervisor. Reviewed and approved departmental invoices, prepared bi-weekly payroll for both departments through detailed reporting and tracking in accordance with departmental guidelines, policies and procedures. Maintained Facilities Maintenance database related to work orders and preventative maintenance inspections. Prepared monthly and quarterly reports with regards to attendance, utilities, incentives, petty cash, and any other necessary reports. Provided receptionist relief when necessary, operated office equipment, and provided assistance to other departments when necessary. City of Corpus Christi (Health Dept.), Corpus Christi, Texas Staff Assistant Jun 01, 2004- Jun 10, 2005 Assisted Department Head and 6 inspectors with day to day operations, including miscellaneous office work and organization, prepared minutes, notes and documents for the Food Service Advisory Committee, prepared and issued permits, reconciled fees for permits and money deposits, updated computer records, managed database system, data entry, processed sanitation complaints, filed, created word documents as needed, provided information and assistance to walk-in clients, scheduled appointments and maintained a calendar of departmental activities, answered incoming calls, made appropriate responses, relayed accurate messages, and transferred calls. Nueces County(Health Dept.), Corpus Christi, Texas Intermediate Clerk Nov 01, 2001-Jun 01, 2004 Answered incoming calls, provided correct and accurate information to those callers, or directed calls to the appropriate areas of the health department, which included 10 divisions, for a total of 150 employees. Directed and provided information to walk-in clients. Focused on organizing the reception department in order to maintain order in dealing with the volume of customers, both internal and external, to most effectively meet their needs. Assisted other departments, when needed, with filing, making copies, faxing, organizing, and data entry. Assisted Senior Clerk with county payroll on a bi- weekly basis, using Excel. Assisted food service department with preparing and issuing permits, collecting fees for permits, updating computer records, data entry, taking sanitation complaints, and answering phones. Education Del Mar College, Corpus Christi, Texas Associates Degree Major: Psychology Roy Miller High School, Corpus Christi, Texas High School Diploma/GED Computer Skills Typing Speed: 80 Words per Minute • Database Software (Access) • Email Software (Outlook) • Internet Browser (Internet Explorer, Firefox, etc.) • Peripheral Devices (Scanners, Printers, etc.) • Personal Computers • Presentation Software (PowerPoint) •Spreadsheet Software (Excel) •Word Processing Software (Word) Language Skills English - Excellent (Read, Write, Speak) Spanish - Good (Read, Speak) References Linda Fallwell-Stover Executive Director Coastal Bend Center for Independent Living Marshall Burns Resident Services Manager Corpus Christi Housing Authority Richard Balli Colleague CITY OF CORPUS CHRISTI Submit Date: Oct 10, 2017 Application for a City Board, Commission, Committee or Corporation Profile Vanessa P Nisbet First Name Middle Initial 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 15 If yes,how many years? Primary Phone Alternate Phone The Rise School of Corpus Christi Executive Director Employer Job Title 744 Everhart Rd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Vanessa P Nisbet Page 1 of 5 78411 Work Address-Zip Code 361-814-9399 Work Phone director@risecorpuschristi.org Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: 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) Master's Degree in Administration Education, Currently finished a certification in Low-incidence and disability, Currently Executive Director of the Rise School of Corpus Christi. Why are you interested in serving on a City board, commission or committee? I feel I can advocate for the needs of our special needs community as this is what i do on a daily basis. nisbet resume.docx Upload a Resume Demographics Gender W Female Vanessa P Nisbet 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 Vanessa P Nisbet 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 Vanessa P Nisbet Page 4 of 5 Board-specific questions (if applicable) Vanessa P Nisbet Page 5 of 5 Vanessa Nisbet Educator Goal oriented and driven, childcare teacher dedicated to educating young children, inspiring minds, and a love for learning. Enthusiastic, hardworking, and motivated educator with strong communication and interpersonal skills to cultivate working relationships within the childcare community. Education: Masters of Science Educational Administration December 2010 Texas A&M University- Corpus Christi Bachelor of Science in Interdisciplinary Studies December 2008 Texas A&M University- Corpus Christi Associates of Arts in Teaching Ec-4 Generalist May 2007 Del Mar College-Corpus Christi Certifications: Pedagogy and Professional Responsibilities EC-4 October 2008 Content EC-4 Generalist April 2009 Special Education EC-12 July 2014 Director Certification August 2014 Related Experiences: Vanessa Nisbet Rise School o orpus rls February 2015-Current Executive Director Rise School of Corpus Christi March 2011-February 2015 Lead Teacher (18monthes-3.5 years classroom) Kelly Services (Substitute) August 2010-February 20111 West Oso ISD,Tuloso Midway ISD, Flour Bluff ISD YMCA Summer Camp Director Corpus Christi, Texas Summer 2010 Kindergarten Teacher SS. Cyril and Methodius School 2009-2010 Seashore Learning Center Pre-k 3 & 4 Summer 2009 Camp Counselor Accelerated Reading Interventionist & Accelerated Math Interventionist Spring 2009 3, 4, and 5 grades East Elementary, Taft Texas Student Teaching 2nd grade Stephen F. Austin Elementary Gregory, Texas Fall 2008 Field Base 1St and 2nd Grade Rose Shaw Elementary CCISD, Corpus Christi Texas Summer 2008 Head Start @ Y Pre-K4 Teacher Vanessa Nisbet 2006-2008 References: Sherry Rumley Amy Brown Rob George CITY OF CORPUS CHRISTI Submit Date: Oct 15, 2017 Application for a City Board, Commission, Committee or Corporation Profile Elizabeth F Schlueter 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 17 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone The Deaf and Hard of Hearing Center Executive Director Employer Job Title 5151 McArdle Road Work Address-Street Address and Suite Number Corpus Christi Work Address-City Elizabeth F Schlueter Page 1 of 6 Texas Work Address-State 78411 Work Address-Zip Code 361-993-1154 Work Phone bschlueter@deafhhcenter.org Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Currently serve on the Functional Needs Support Team (FNST) for the City. Coordinate with other non profits and am a member of the Executive Committee 501 c3 non-profit team in our community. Involved in emergency management functions for assisting when occur and when needed as a leader for The Deaf and Hard of Hearing Center. Prepare and provide presentations to share knowledge and advocacy for Rotary, Friday Morning Group and a member of the Wednesday morning group to assist and link vital resource information as needed. Elizabeth F Schlueter Page 2 of 6 Education, Professional and/or Community Activity (Present) Education: Master of Business Administration I December 12, 2009 1 University Of The Incarnate Word Bachelor of Business Administration I August 11, 2007 1 University Of The Incarnate Word Major: Management. As a Graduate of Leadership Corpus Christi, Class 42, Past Westside Business Association Board Member, and Community advocate I am excited to join a team to lead volunteer business solutions, organizational development, and customer service consultant and project initiatives with grant and contract management expertise. Current role: EXECUTIVE DIRECTOR I THE DEAF AND HARD OF HEARING CENTER 16/2016 to Current • Serve as Chief Administrative Officer for The Deaf and Hard of Hearing Center and its affiliates and is responsible for development and management of its affairs. - Responsible for executing the day-to-day operations of the Deaf and Hard of Hearing Center• Plan for administering the fiscal resources of the center and manage staff and provide for on-going staff development • Responsible planning and developing unique programmatic efforts in response to needs of the Center communities and talking to community organizations and promoting the center to increase awareness and help solicit funds • Maintain active relationships with the Deaf and Hard of Hearing communities and other service providers in the Coastal Bend, the state and beyond. Why are you interested in serving on a City board, commission or committee? I believe in our city and the core values that every person matters. We are better united and bringing individuals together to achieve a community goal that is bigger than who we are individually. Our mission is to provide services to deaf, hard of hearing and hearing individuals for advocacy, education, training and empower those with a hearing loss. This is important, but more important is that no one gets left behind and that all have a people first mentality. Elizabeth Schlueter Updated Functional Resume 10- 17.docx T Upload a Resume Demographics Gender W Female Verification Elizabeth F Schlueter Page 3 of 6 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 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 Elizabeth F Schlueter Page 4 of 6 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? 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) Elizabeth F Schlueter Page 5 of 6 Elizabeth F Schlueter Page 6 of 6 Elizabeth Schlueter Objective As a Graduate of Leadership Corpus Christi, Class 42, Past Westside Business Association Board Member, and Community advocate I am excited to join a team to lead business solutions, organizational development, and customer service consultant and project initiatives with contract management expertise. Skills & Abilities Planning and Contract Management Lead, plan, organize, and control to balance work, time, and team support for best possible effectiveness as well as productivity by setting goals with timelines to meet or exceed overall objectives. Understanding of Customer Service and its impact on the bottom line, coupled with a history of creating, developing, and implementing programs to increase company performance membership initiatives and financial outcomes. Liaison for Center Foundation, facilitated fundraisers, marketing and public relations with dynamic processes and continuous improvement. Revenue doubled from one fundraiser to the next through planning, with budget, and goals while monitoring to balance for fiscal success. • Through proactive communication and expertise I have assisted many teams in implementation of expectations, training, development, and coaching for stronger organizational, time management, and problem solving with immediate results. Project Management Project management with architects and engineers for cost impact with quality assurance through audits for twelve buildings that serve over 10, 000 individuals on re-roofing, parking lot replacement, window replacement, construction, and many other projects for more productive and better working environments. Last Grant involved with was number one in City out of twelve and received $280,000 in funding, and over $500,000 in total funding. Strong attention to detail and documentation skills, with business acumen and commercial awareness project recognized in an audit of Community Development Block Grant as being 100% compliance. Assets Management • Created a proposal and recommendation that was approved by the Foundation Board of directors and approved by the Board of trustees to provide healthy messages through a $40,000 LED monument sign that will be sharing information to potentially 300,000 plus community members. Cost Effectiveness Over twenty years of high visibility experience providing leadership to meet deliverables and goals while identifying issues to save on costs. Ran descriptive statistics for annual data in cellular cost of 280 staff to determine need for phone and proposed options for stipend or other communication avenues. Narrowed information to opportunities of trending data from 4 to 6 months to identify maximum cost savings. Outcome recommended and approved by the executive management team resulted in an annual cost savings of$18, 267.72. Facilitated borrowed partner process for grand opening of local store, saving company $60,000 in hiring and investment costs. Safety Certification from the Division of Emergency Management for completion of academic requirements for emergency planning and special needs population. Led federal compliance as the liaison for the joint commission which included emergency management with 14 other chapters and over 1,000 standards and elements of performance. Corporate Safety Representative in a law suit for Target Corporation and won case saving the company thousands of dollars. Technical Compliance with Federal, State, and Local laws. Global Corporate knowledge of coordinating Grants and Contracts with detailed and analytical skills from planning to monitor for positive financial results. Executes organizational objectives while multi-tasking and managing multiple major projects at the same time. Texas Administrative Codes (TAC) utilized in creating requests for proposals/applications. Experience with Medicaid Managed Care, insurance, billing, and coding working with multiple vendors and providers. Resilient and responsive to tackling new challenges on a daily basis with excellent multi-media tools, electronic files, data analysis, verbal and written communication skills. Experience EXECUTIVE DIRECTOR I THE DEAF AND HARD OF HEARING CENTER 16/2016 to Current Serve as Chief Administrative Officer for The Deaf and Hard of Hearing Center and its affiliates and is responsible for development and management of its affairs. Responsible for executing the day-to-day operations of the Deaf and Hard of Hearing Center Plan for administering the fiscal resources of the center and manage staff and provide for on-going staff development Responsible planning and developing unique programmatic efforts in response to needs of the Center communities and talking to community organizations and promoting the center to increase awareness and help solicit funds Maintain active relationships with the Deaf and Hard of Hearing communities and other service providers in the Coastal Bend, the state and beyond. INSTRUCTOR-SUCCESION PLANNING (Externship Coordinator )CAREER SERVICES DIRECTOR SOUTHERN CAREER INSTITUTE 11/2015 -6/2016 Responsible for delivery of course materials and instruction for academic programs to prepare the student for the workplace knowledgeable of institutional educational policies and procedures Participate in curriculum development and revision CONTRACT MANAGER I BEHAVIORAL HEALTH CENTER OF NUECES COUNTY 19/2008-2/2014 Fundraising Leader, Planning Network Advisory Committee Liaison, Local Plan Coordinator Joint Commission Accreditation Facilitator, attended Conference in Chicago, 2010, 2011 and 2012 Contracts, Grant and Request for Proposal (write, review and management) Quality Management and Supervised for Quality Control Inspector at CCAD (Contact-Janitorial Services) Credentialing, Best Value Cost Analysis, Procurement Experience and ADA Compliance (plans and execution) Human Resource functions and Member of Functional/Access Needs Team for the City STORE MANAGER I BARNES & NOBLE COLLEGE BOOKSELLERS FOR TAMUCC 1 11/2007 TO 6/2008 Responsible for hiring, payroll, scheduling, ordering, merchandising and total store operations. Work towards buying back used books for student and University success, up 16% As a service for the University communicated and maintained partnerships with the TAMUCC Provost, Faculty and Deans of the College EXECUTIVE TEAM LEADER I TARGET CORPORATION 1 11/2003-11/2007) Assisted in leading a 43 million a year successful retail store Responsible for assisting with the following: hiring, payroll, scheduling, ordering, merchandising and total store operations Was selected to attend Leadership Academy for Target in Atlanta Support help in Alexandria, Louisiana after Hurricane Katrina Page 2 • Safety Captain for the store/Assessment Captain for the store and district team 2006 STORE MANAGER I STARBUCKS COFFEE COMPANY 1 12/2002-9/2003 Planning and execution of a very successful job fair, friends &family and grand opening Beat opening sales budget and extended hours of operation Responsible for hiring, payroll, scheduling, ordering, merchandising and total store operations Assisted with the opening of new stores in Laredo, San Antonio, EI Paso and New Braunfels and helped create a new store opening book for future store openings. New store opening specialist. ASSISTANT STORE DIRECTOR I HEB GROCERY COMPANY 19/1994-8/2002 Assisted Unit/Store in leading a 65 million a year successful retail unit Ensured that customers were provided quality products and superior customer service Lead HEB in Ingleside, Texas while Store Director was opening a new store in Rockport, Texas Taught "Diversity"to over 1500 partners in the Gulf Coast Region, assisted in creation of new financial training roll-out for the Company Education Master of Business Administration I December 12, 2009 1 University Of The Incarnate Word Bachelor of Business Administration I August 11, 2007 1 University Of The Incarnate Word Major: Management Page 3 City Of Corpus Christi LANDMARK COMMISSION BOARD DETAILS in SIZE : � A The Landmark Commission promotes the TERM LENGTH 3 Years use of historical and cultural landmarks 107 for the culture, prosperity, education, and OVERVIEW TERM LIMIT 6 Yearsgeneral welfare of the people of the City and visitors to the City. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Eleven (11)members nominated by individual City Council Members and F-Elk appointed by a majority vote of the Council. Insofar as possible,the numerical composition shall correspond to the ethnic,gender,and economic distribution of the City according to the last Federal Census report.All members shall have knowledge and experience in either the architectural,archaeological,cultural, DETAILS social,economic,ethnic or political history of Corpus Christi.Representation of the following competencies shall be appointed as members to the commission:Two (2)historians,one(1)licensed real estate salesperson,(1)registered architect, one(1)structural or civil engineer,one(1)person knowledgeable in title search and/or property surveyor and five(5)other members. No one profession will constitute a majority of the membership.All terms for three years. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Section 2-204, Code of Ordinances.Ord. No. 12315, 10-16-74;Ord. No. 19908,8- 11-87;Ord. No.030228,7-15-14. _.............................................................................................................................................................................................................................................................................................................................. MEETS 4th Thursday of every month at 4:30 p.m.,City Hall, Council Chambers. _.............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Three-year terms. .................................................................................................................................................................................................................................................................... DEPARTMENT Development Services OTHER INFORMATION LANDMARK COMMISSION Page 1 of 1 Landmark Commission July 17,2018 Six(6)vacancies with terms to 11/20/20 and 11/20/21 representing the following categories: 1-Engineer,1-Historian,3-Regular Members and 1-Title Search. (Note: Staff is recommending the postponement of 1-Title Search for further recruitment.) Craig Thompson LANDMARK COMMISSION Seeking Reappointment District 2 1 11/20/17 Engineer 4/580% Jillian Becquet LANDMARK COMMISSION Seeking Reappointment District 5 Partial 11/20/17 Historian 5/5100% Bert Rucker Jr. LANDMARK COMMISSION Seeking Reappointment District 4 1 11/20/17 Regular Member 5/5100% Dylan Farley LANDMARK COMMISSION Exceeded Number of Allowed Absences District 4 Partial 11/20/17 Regular Member Margareta Fratila LANDMARK COMMISSION Exceeded Number of Allowed Absences District 3 Partial 11/20/17 Regular Member Matt Martini LANDMARK COMMISSION Resigned District 5 1 11/20/18 Title Search Ira J.Freeman LANDMARK COMMISSION Active District 4 1 11/20/19 Architect Christine Reiser Robbins LANDMARK COMMISSION Active District 4 1 11/20/18 Historian Denise Gallimore LANDMARK COMMISSION Active District 4 1 11/20/18 Real Estate Randy J.Dees Sr. LANDMARK COMMISSION Active District 2 1 11/20/18 Regular Member Lisa A.Garza LANDMARK COMMISSION Active District 3 1 11/20/19 Regular Member Landmark Commission Applicants July 17,2018 Kathleen De La Garza LANDMARK COMMISSION District 2 TAMUCC 6300 Ocean Drive Corpus Christi TX Regular Member Kelly Ellis LANDMARK COMMISSION District 2 Edward Jones 5830 McArdle#5 Corpus Christi TX Regular Member Rachel P.Gomez LANDMARK COMMISSION District 5 Caliber Home Loans 802 N Carancahua Ste.3850 Corpus Christi TX Regular Member Gordon R.Robinson LANDMARK COMMISSION District 4 Corpus Christi Regional Transportation Authority 602 N.Staples St. Corpus Christi TX Regular Member Kristen J.Ross LANDMARK COMMISSION Districts Gregory-Portland ISD 4600 Wildcat Drive Portland TX Regular Member Amy Aldridge Sanford LANDMARK COMMISSION District 3 Texas A&M University-Corpus Christi 6300 Ocean Drive,Unit 5758 Corpus Christi TX Regular Member Robert C.Soape LANDMARK COMMISSION District 5 Retired Regular Member Bryan E.Stone LANDMARK COMMISSION District 5 Del Mar College 101 Baldwin Blvd. Corpus Christi TX Historian,Regular Member CITY OF CORPUS CHRISTI Submit Date: Sep 08, 2017 Application for a City Board, Commission, Committee or Corporation Profile Kathleen de la Garza 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 3 If yes,how many years? Primary Phone Alternate Phone TAMUCC Academic Advisor Employer Job Title 6300 Ocean Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas _ Work Address-State Kathleen de la Garza Page 1 of 5 361-825-3466 Work Address-Zip Code kathleen.delagarza@tamucc.edu Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? LANDMARK 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) BA: History/Public History MA: International Relations MS: Education/Community & College Counseling Why are you interested in serving on a City board, commission or committee? I'm passionate about history and preserving historical documents/buildings/materials that represent a place's culture and history. While an undergraduate at Longwood University in Farmville, Virginia I spent a summer working at Lyndhurst, a Hudson Valley estate in New York, renovating sections of the mansion. I also assisted an elderly home owner in rural Virginia obtain National Register Status for her home which had Revolutionary War significance. I am also passionate about genealogy and was recently inducted into the Daughters of the American Revolution Corpus Christi chapter. My husband and I recently purchased a home in Historic Morningside which we are excited to preserve. KathleendelaGarzaresume.docx Upload a Resume Demographics Kathleen de la Garza 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 Kathleen de la Garza 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 Kathleen de la Garza Page 4 of 5 Board-specific questions (if applicable) 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? rJ None of the above Kathleen de la Garza Page 5 of 5 Kathleen de la Garza Education: Longwood University: Farmville,Virginia 2008-2010 M.S., Community and College Counseling Webster University: Leiden,the Netherlands 2003-2004 M.A., International Relations Longwood University: Farmville,Virginia 1998-2002 B.A.,History Employment: TexasA&M University: Corpus Christi, TX September 2014- Present College of Liberal Arts Academic Advisor for all Psychology and Sociology majors. Assist students with course selection and registration process. Maintain an open and honest dialogue with students regarding their degree audit, GPA, and future plans Post College. Additional duties include; • Attending department meetings and working with faculty to convey important information to students • Volunteering on advising committees • Process change of major forms and registration forms • Refer when necessary to Counseling and other resources available to students • Reach out to students on academic probation • Working Island Days and Summer Orientation Lubbock Christian University: Lubbock,Texas December 2010—August 2014 Counselor for Student Support Services, a Trio program, at LCU. Duties included working with first generation,limited income, and students with disabilities providing personal, financial and academic counseling. Handled a caseload of students and met with them weekly or bi weekly depending on their GPA.Additional duties included; • Developed and Implemented workshops on Financial Literacy, Student Loans and Conflict Resolution • Assisted in managing Grant Aid for prospective students. • Helped students find scholarships and maintained a database with over 400 scholarships • Member of Financial Appeals Committee &At Risk Students Committee • Assisted students in filling out their FAFSA each academic year • Represented Flight Plan at each Chap Day, an on campus event to recruit prospective students and familiarize then with the resources Flight Plan offers • Conducted intake interviews with each student to see what resources they may need before they begin classes • Maintained database tracking Flight Plan student involvement on campus • Advised in registration • Maintained Flight Plan's Facebook page as a way to communicate with students • Accompanied all incoming freshmen to a ten day orientation camp prior to the start of the Fall Semester Department of Defense: Camp Arifjan, Kuwait May 2006- October 2007 Army Education Test Examiner through Central Texas College for the Department of Defense in Kuwait. Conducted all of the Army testing for the country of Kuwait and traveled to remote sites and locations to administer tests to service members.Additional duties included: Administering and processing college-level tests,Army personnel tests,Air Force career development exams and distance learning to both soldiers and civilians Adhered to specific test instructions and maintained security of controlled items in accordance with Department of Defense directives Pax Ludens Foundation for Training & Research in Conflict Resolution: Leiden, The Netherlands April 2005 -April 2006 Worked as a Content Developer and Research Analyst. Duties included: • Performed theoretical and reality-based research,program coordination and project development • Conducted conflict resolution training programs with academic clients and the Dutch military • Contributing author to Clingendael(Netherlands Institute of International Relations) &Pax Ludens training manual: "International Conflict Management-Analysis& Intervention Center for Holocaust and Genocide Studies: Amsterdam,The Netherlands January 2005 -April 2005 Organized a symposium to explore transitional justice in modern day Cambodia which focused on Pol Pot's Khmer Rouge and how to bring about healing in a country affected by genocide. Engaged speakers including international judges,journalists, survivors, and ambassadors. Participated in the 2nd annual Nordic Conference on genocide studies in Copenhagen, Denmark. CITY OF CORPUS CHRISTI Submit Date: Feb 04, 2018 Application for a City Board, Commission, Committee or Corporation Profile Kelly Ellis 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 19 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Edward Jones Financial Advisor Employer Job Title 5830 McArdle #5 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Kelly Ellis Page 1 of 5 Texas Work Address-State 78412 Work Address-Zip Code 361-992-5301 Work Phone kelly.ellis@edwardjones.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? LANDMARK 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 Degree in Clinical Psychology Why are you interested in serving on a City board, commission or committee? Now that my children have grown, I would like to spend my spare time giving back to this community. I worked on the Board for the Texas Museum of Asian Culture for about 5 years and loved the experience. Due to kids getting to sports and social activities, I had to take a step back Demographics Kelly Ellis 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 Kelly Ellis 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. NA Kelly Ellis Page 4 of 5 Board-specific questions (if applicable) 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? rJ None of the above Kelly Ellis Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: May 13, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mrs Rachel P Gomez 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 28 years If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Caliber Home Loans Sales Manager nployer Job Title 802 N Carancahua Ste.1850 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mrs Rachel P Gomez Page 1 of 6 Texas Work Address-State 78401 Work Address-Zip Code 361-500-6800 Work Phone rachel.gomez@caliberhomeloans.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted LANDMARK COMMISSION: Submitted MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: CASA Board member Terming out of being a Board member for American Red Cross. Education, Professional and/or Community Activity (Present) Board Member for American Red cross Current Board Member for CASA of the Coastal Bend. Former Board Member for Corpus Christi Crime Stoppers. Past President Elect for Corpus Christi Kiwanis of Six Points, Leadership Corpus Christi Class of 46, PATCH Ritz Theater Revitalization Volunteer, Junior League of Corpus Christi past member, Corpus Christi Chamber of Commerce member, Young Business Professional, and Volunteer with Church Unlimited. Why are you interested in serving on a City board, commission or committee? I want to be more involved in the community and take more action. I am a recent graduate of Leadership Corpus Christi Class 46 and I want to do more with what I have learned. Mrs Rachel P Gomez Page 2 of 6 Rachel PrunedaGomezResume.docx Upload a Resume Demographics Gender V Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents 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 Mrs Rachel P Gomez 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 Mrs Rachel P Gomez 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 LANDMARK COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? 1-J None of the above 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? W Business Community Mrs Rachel P Gomez Page 5 of 6 Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and qualified elector* of the District (Nueces County)? r-- Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you resided in the District for at least 2 years? c: Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? 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 Mrs Rachel P Gomez Page 6 of 6 RACHEL PRUNEDA GOMEZ QUALIFICATIONS SUMMARY Professional with experience in fast paced high demand environments where interpersonal skills,confidence and accuracy are a necessity.Persuasive communicator with well developed cold calling,presentation,recruiting and research skills.Able to develop productive relationships with clients and colleagues of all levels.Expert relationship building skills.Great communication skills and very well spoken.High level of personal integrity and honesty.Fast learner,able to process large amounts of information quickly. EDUCATION Texas State University San Marcos, Texas Graduation Date: 12/01 Bachelors of Science in Biology 3-year completion St. Mary's University School of Law San Antonio, Texas 8/02 - 7/03 Juris Doctorate Studies PROFESSIONAL EXPERIENCE Caliber Home Loans 4/18 - present Branch Sales Manager Corpus Christi, TX Originating residential mortgage loans. Outside sales,cold calling and heavily marketing to Real Estate Agents and prospecting new companies on a daily basis. Community outreach to market the company and increase awareness of our products and programs available.Attending networking events to effectively broaden my sphere of influence and establish referral partner relationships. Established a streamlined approach to obtaining leads through social networking and internet marketing campaigns. Cold calling prospective clients to obtain refinance loans.Walk customers through the home buying process and focus on creating the best mortgage experience to ensure repeat business through referrals. Cantera Mortgage/Loan Simple/Envoy Mortgage 1/08 - 4/18 Senior Loan Officer/Administrative Consultant/Branch Sales Manager Corpus Christi, TX Providing sales consulting, administrative, and IT services to the mortgage company. Established a streamlined approach to obtaining leads through social networking and internet marketing campaigns. Cold calling prospective clients to obtain refinance loans.Walk customers through the home buying process and focus on creating the best mortgage experience to ensure repeat business both from referrals of clients and realtors. Created forms and a contact management system to assist Loan officers in marketing to and following up with the potential buyers. Recruit, interview and train potential loan officers. The Brickman Group 3/06 - 1/08 Divisional Recruiter Atlanta, GA Corporate recruiter for the Southeast Division of Brickman. Pre-screening, Interviewing and Recruiting all levels of positions from management to labor positions for GA, NC, SC, and FL. Providing training and mentorship for regional recruiters throughout my division. Internal client relationship management and needs analysis Experience with metrics, candidate tracking and needs forecasting. Building and maintaining relationships with area colleges and universities to ensure candidate flow for supervisory positions and above. Conducting training meetings, coordinating team events and recording progress of position development throughout 22 branches. Ajilon Office - Specialized Recruiting Services 8/05 -3/06 Branch Manager Atlanta, GA Quality business-to-business sales and recruiting based on the regions staffing and employment needs. Cold calling accounts as well as maintaining current ones. Worked with high-end, medium and corporate accounts. Effectively assessed client needs to provide tailored solutions for their business needs. Directly contacted potential clients to gather leads on potential recruits in the market place as well as promote and generate new business. Increased applicant and client base by daily prospecting and calling on potential targets and top executives throughout the region. Maintained a reputation to successfully negotiate and close sales. Utilized knowledge of staffing industry to work directly with key clients in the Medical,Technological, Telecommunications, and Software industries. Successfully ran office through meeting and exceeding monthly budgets by analyzing market trends as well as profit and loss statements Howroyd Group-AppleOne Employment Services 8/03 - 8/05 Account Executive/Branch Manager Austin, TX/Atlanta, GA Promoted from Account Executive to Manager in less than a year for efforts in recruiting and sales. Effectively led teams of Account Executives to excel in various regions with one becoming the highest producing branch. Trained and assisted in operating an efficient, profitable branch in accordance with projections, policies and procedures developed. Successfully drove two separate non-profitable branches to profitability through cold calling, sales and recruiting texhniques.Recognized for recruiting efforts and highest amount of permanent placements per quarter in the region. Recognized company wide for various achievements in sales and recruiting and attended CEO's annual reward trip at highest level of recognition. Managed payroll for staff,Analyzed profit and loss statements of branch and provided leadership to all employees. Texas Legislature - House of Representatives 8/01 - 08/02 Intern/Legislative Aide to the Honorable Vilma Luna Austin,TX Took temporary internship to learn from and assist member of the Texas House of Representatives. Provided direct support to the Representative. Handled all correspondence between the Representative and constituents, researching and addressing concerns. Issued press releases for the Representative and composed quarterly newsletter for the district. Updated and briefed Representative on current events and re-districting of state legislative territories. Formulated Statistics for demographic regions dealing with redistricting.Analyzed bills for review by the Representative and handled Opinion Requests from the Attorney General of Texas. Integral member of team and a supportive co-worker willing to do anything around the office and able to take on multiple responsibilities. CITY OF CORPUS CHRISTI Submit Date: Oct 24, 2017 Application for a City Board, Commission, Committee or Corporation Profile Gordon R Robinson 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 4 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Corpus Christi Regional Transportation Authority Director of Planning ,,,,oyer Job Title 602 N. Staples St. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Gordon R Robinson Page 1 of 7 TX Work Address-State 78401 Work Address-Zip Code 361-903-3483 Work Phone grobinson@ccrta.org Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? BOARD OF ADJUSTMENT: Submitted PLANNING COMMISSION: Submitted LANDMARK COMMISSION: Submitted CORPUS CHRISTI B CORPORATION: Submitted ISLAND STRATEGIC ACTION COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted MARINA ADVISORY COMMITTEE: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: 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 a City board, commission or committee. I do serve as a member of the Board of Directors with my homeowners association, Tropic Isles HOA, in Flour Bluff. Gordon R Robinson Page 2 of 7 Education, Professional and/or Community Activity (Present) I have a Bachelor of Science degree in Geography from the University of California at Davis. I am the Director of Planning at the Corpus Christi Regional Transportation Authority (CCRTA). In addition, I am a Project Management Professional (PMP). During periods of implementing service improvements or conducting major planning studies, I have connected with the community throughout the City of Corpus Christi. Additionally, I interface with the CCRTA Board of Directors each month through presentations at meetings to advance transit initiatives and report performance statistics. I enjoy living in Corpus Christi and serving the community as a CCRTA professional. I've talked with residents and visitors at transit stations, bus stops, on buses, while walking in downtown or in the neighborhoods. I've confidently presented in front of several stakeholder groups at senior centers, schools, neighborhood associations including North Beach, Flour Bluff, and the Northside area, City of Corpus Christi Committee for Persons with Disabilities, Young Business Professionals, Downtown Merchants Association, Corpus Christi MPO Technical Advisory Committee, CCRTA Board of Directors, CCRTA Committee on Accessible Transportation, R/UDAT Steering Committee, Caller Times, Naval Air Station, Corpus Christi Army Depot, and other groups. I am a member of the Corpus Christi Metropolitan Planning Organization (MPO) Technical Advisory Committee, CCRTA-City of Corpus Christi Monthly Coordination Meetings, and the Regional/Urban Design Assistance Team Program (R/UDAT) Steering Committee which was formed in the Fall of 2014. Why are you interested in serving on a City board, commission or committee? Corpus Christi is a diverse city with multiple business, education, recreation, and tourism opportunities. It is a growing region that needs to strategically advance more development and revitalization efforts. My interests while serving on a committee are to increase family and youth activities, improve economic development, provide focused revitalization opportunities to attract more residents and visitors to our community, and foster public and private partnerships to increase our overall livelihood. By serving on a City of Corpus Christi Committee, I believe that I have the background and professional knowledge to make a positive impact for our community. Gordon_Robinson_Resume.pdf Upload a Resume Demographics Gender V Male Verification Gordon R Robinson Page 3 of 7 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 Gordon R Robinson Page 4 of 7 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. The CCRTA has an annual agreement with the City of Corpus Christi for street maintenance funds. Board-specific questions (if applicable) Gordon R Robinson Page 5 of 7 Question applies to CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to ISLAND STRATEGIC ACTION COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? I None of the above 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? W None of the above Question applies to MARINA ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Gordon R Robinson Page 6 of 7 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 Gordon R Robinson Page 7 of 7 Gordon Robinson, PMP SUMMARY: Experienced executive leader, technically skilled, certified project management professional (PMP), and effective communicator who is a hands-on, motivated, reliable, and experienced professional in the areas of strategic planning, transit service design and implementation including scheduling, blocking, rostering, customer service, bus and paratransit operations including bus stop management and detours, maintenance and fleet management, personnel management, capital improvements, budgeting and reporting, contract management and negotiation, ridership analysis and performance reporting using Genfare fare boxes and Automated Passenger Counters, trip planning and next bus technology, vanpooling, bicycle sharing, community outreach, problem solving, civil and traffic engineering, environmental and land use planning, and Title VI of the Civil Rights Act of 1964. EDUCATION: Bachelor of Science, Physical Geography; University of California at Davis. PROFESSIONAL EXPERIENCE: 11/2013-Present: Director of Planning, Corpus Christi Regional Transportation Authority (CCRTA), Service Development Department, Corpus Christi, Texas. ■ Direct the Authority's Service Development Department activities which includes the development of short and long range transportation plans in alignment with financial plans and approved budgets. ■ Effectively manage an annual budget of approximately $425,000 and department staff. ■ Lead short and long range planning studies including the development of service plans with cost estimates to implement three operator sign-ups per year. ■ Apply for state and federal grants in coordination with agencies including the Federal Transit Administration (FTA), Metropolitan Planning Organization (MPO), Texas Department of Transportation (TxDOT), and other subrecipients. ■ Lead the analyzing, monitoring, and reporting of ridership results and performance metrics using Genfare fare box data, surveys, and trip card summaries. ■ Support and problem solve customer focused transit technology products utilizing Clever Devices, Trapeze FX and Blockbuster, Google Transit, and TransLoc. ■ Develop scopes of work and independent cost estimates to initiate and implement projects, and manage multiple consultant contracts. ■ Lead federal reporting efforts under Title VI of the Civil Rights Act of 1964 and National Transit Database (NTD) including required passenger sampling. ■ Support the completion of FTA Triennial and Federal Certification Reviews. ■ Conduct customer outreach to inform public and other stakeholders of service improvements and changes. ■ Prepare and present reports to the Board of Directors, bus operators, public, and other local and regional stakeholders. 11/2011-10/2013: Director of Planning, Riverside Transit Agency (RTA), Planning Department, Riverside, California. ■ Developed the Planning Department's annual budget of $1,200,000, managed projects, consultant contracts, service agreements, and implemented quarterly service changes. ■ Directed and managed the Agency's planning and programming functions to support short and long range transportation plans. Led NTD reporting and passenger sampling efforts. ■ Served as Project Manager for the 10-year RTA Forward Transit Plan to develop service improvements. ■ Regularly analyzed, monitored, and reported ridership results and performance metrics using Genfare fare box data, automated passenger counters, and TransitMaster CAD/AVL. ■ Served as Project Manager for a scheduling services three year contract totaling approximately $536,000. ■ Developed and submitted state and federal grant applications. ■ Prepared and presented reports to the Board of Directors, bus operators, public, and other local and regional stakeholders. ...continued... Gordon Robinson • Page 2 07/2010-10/2011: Transit Planning Manager, Orange County Transportation Authority (OCTA), Strategic Planning Department, Planning Division. Orange, California. ■ Managed new transit planning section under the Planning Division responsible for completing a $500,000 comprehensive systemwide fixed route and paratransit bus system restructuring study, branded the "Transit System Study", with extensive public outreach with approximately 50 stakeholders including all 34 cities in Orange County, the public, transit advocates, major employers, major colleges and universities, and the Board of Directors. ■ Effectively led a team to develop work plans for prioritized annual and short range transit plans, completed transit initiatives including OCTA's Go Local Program and other planning studies, and submitted a planning grant application for a regional park and ride study in partnership with Caltrans. ■ Developed a 20-year bus capital plan, conducting transit planning study to improve service delivery at the Brea Mall transit center, completing project study report equivalents at the Laguna Hills Transportation Center and the Anaheim Regional Transportation Intermodal Center to improve and define service design. ■ Regularly analyzed, monitored, and reported ridership results and performance metrics using Genfare fare box data, automated passenger counters, and Orbital CAD/AVL. ■ Prepared and presented regular progress updates and reports to executive management, the Board of Directors, and several other stakeholder groups. 12/2007-06/2010: Bus Rapid Transit Project Manager, Orange County Transportation Authority (OCTA), Service Planning and Customer Advocacy Department, Transit Division. Orange, California. ■ Project manager and contract manager to oversee 15 firms under the Program Management Consultant multi-year contract to support the Five-Year Rapid Transit Program involving the Bus Rapid Transit (BRT) program, Go Local and Measure M community circulator programs, and the planning and design for the Anaheim Regional Transportation Intermodal Center. ■ Project manager in charge of OCTA's federally and state funded $55 million Bravo! BRT program responsible for completing the design, construction, and implementation phases of three planned arterial based mixed-flow BRT corridors in Orange County. ■ Led and coordinated multiple consultant team contracts for the civil and architectural design of approximately 110 BRT station stops including the preliminary design of a real-time passenger information system, traffic signal synchronization design and implementation, and preliminary concept design of transit signal priority elements for 252 intersections within the BRT corridors. ■ Participated in contract negotiations with Procurement Department and legal counsel to resolve consultant performance and invoicing issues. ■ Researched fare collection methods and travel time delays to reduce anticipated dwell times. ■ Led grant application efforts to obtain funding to implement traffic signal synchronization. ■ Conducted and coordinated stakeholder outreach efforts throughout the design of the BRT program. ■ Prepared and presented regular progress updates and reports to executive management, the Board of Directors, and other stakeholder groups. 03/2002-11/2007: Senior Transportation Analyst, Orange County Transportation Authority (OCTA), Service Planning and Customer Advocacy and Strategic Planning Departments in the Transit and Planning Divisions. Orange, California. ■ Managed and coordinated the planning and implementation of new bus services and other bus service improvements and recommendations for each service change using field work and data analysis tactics. ■ Developed specific work plans for small contracts, analyze data to support transit planning studies, assess ridership projections, and support routing and stop improvements. ■ Conducted analysis using GIRO's HASTUS scheduling databases, GFI fare box data, and Geographic Information Systems (GIS) methods and applications to assess travel speeds and service levels throughout city and unincorporated areas within the service area. ■ Prepared and presented reports to Board of Directors and coordinated with stakeholder groups to implement improvements. ...continued... Gordon Robinson • Page 3 07/2000-03/2002: Systems Manager, FORMA. Irvine, California. ■ Under the Planning Division, managed GIS staff assigning tasks, monitoring budgets, schedules, and project deadlines while performing external and internal marketing responsibilities including proposal writing, proposal interviews, demonstrations, conference presentations, developing business relationships, and completing marketing brochures and posters. ■ Served as project manager for the $170,000 Rivers and Mountains Conservancy Open Space Plan which included the data collection and GIS system development of over 650 data sets containing aerial imagery, historical, infrastructural, biological, demographical, transportation, and other planning related data. Coordinated and authored responses to request for proposals for GIS projects and built product demonstrations and brochures for presentations, meetings, and clients using ESRI software products. ■ Provided private and public sector clients with GIS analysis results, reports, maps, and modeled visualizations, AutoCAD drawing modifications, and Microsoft Access software to support projects and related tasks. 11/1994-06/2000: Senior GIS Analyst, RBF Consulting, Information Systems Services Department. Irvine, California. ■ In support of planning and engineering projects, supervised a team of employees assigning tasks, monitoring budgets, and schedules to meet project milestones for private and public sector clients. Served as deputy project manager for the completion of the Natural Communities Conservation Plan (Orange County Central-Coastal NCCP/HCP) planning effort in collaboration with the Irvine Company and other organizations to preserve open space, multiple species, and habitat areas in Orange County. ■ Served as lead analyst to develop a transportation travel time model in order to determine the best location of a new fire station to serve a planned new development in south Orange County. ■ Provided on-site GIS support for the OCTA to build and edit spatial and tabular routing data for transit and master plan of arterial highway applications. Served as data conversion manager for the City of Santa Barbara Automated Mapping Services project responsible for the data collection and conversion of over 330 water and wastewater atlas sheets containing over 18,000 facilities. ■ Performed GIS analysis and mapping using ESRI software products, Microstation SE and Descartes, Microsoft Access, and MapObjects software to support projects. HONORS, AWARDS, and ACCOMPLISHMENTS: ■ 2017-18 Leadership Corpus Christi Class 46 Participant ■ 2016-17 Texas Transit Leadership Initiative Graduate ■ Presenter at the 2017, 2016 and 2015 APTA Multimodal Operations Planning Workshops ■ Presenter at the 2016 APTA Bus and Paratransit Conference in Reno, NV ■ 2015 American Public Transportation Association (APTA) Peer Review, Pierce Transit, Lakewood, WA ■ Member of the APTA Policy and Planning Committee, APTA Major Capital Investment Planning Subcommittee, and the APTA EJ/Title VI Subcommittee ■ Certified Project Management Professional (PMP), License 1436980, and member of the Project Management Institute ■ Member of the Corpus Christi MPO Technical Advisory Committee ■ Member of the Board of Directors for the Tropic Isles Home Owners Association in Corpus Christi, TX ■ Competent Communicator Award with Toastmasters International ■ Member of the 2011-2012 OCTA Leadership Academy ■ Graduate of the 2010 University of the Pacific Transit and Paratransit Management Certification Program CITY OF CORPUS CHRISTI Submit Date: Mar 29, 2018 Application for a City Board, Commission, Committee or Corporation Profile Kristen J Ross 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 4.5 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Gregory-Portland ISD Teacher Employer Job Title 4600 Wildcat Drive Work Address-Street Address and Suite Number Portland Work Address-City Kristen J Ross Page 1 of 5 Texas Work Address-State 78374 Work Address-Zip Code kross@g-pisd.org Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? LANDMARK COMMISSION: Submitted COMMISSION ON CHILDREN & YOUTH: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) B.A. History and Political Science Master of Education specializing in curriculum and instruction Why are you interested in serving on a City board, commission or committee? I am a teacher dedicated to improving the future of children in our community through quality education. I'm seeking leadership experience in my community beyond my job. I'm also a new mother who will be raising her children in this community and want it to be a place my daughter and her peers can flourish in. Kristen_Ross_Resume_2018_updated.pdf Upload a Resume Demographics Gender W Female Kristen J Ross 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 Kristen J Ross 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. NA Kristen J Ross Page 4 of 5 Board-specific questions (if applicable) Question applies to COMMISSION ON CHILDREN &YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Education 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? W None of the above Kristen J Ross Page 5 of 5 KRISTEN vci innnnnD\ Every student deserves to learn from a team of teachers who love learning and coaching kids through engaging experiences. With my background as a teacher, gifted/talented services coordinator, and department ® chair in both East and South Texas, I aim to continue providing students with an authentic educational experience as a school administrator and leader of learning. CERTIF"-'A-rinN10 LEADERSH'n r")LES Principal Department Chair- English Language Arts & Reading Grades 7-8 Principal Grades (EC-12) Gregory-Portland Junior High 2017 Classroom Teacher Gifted/Talented Campus Coordinator English Language Arts & Reading Gregory-Portland Junior High 2015-2017 Grades (4-8) English Language Arts & Reading Lead Teacher-Sophomore English Language Arts Grades (8-12) Henderson High School 2011-2013 English as a Second Language Supplemental Longview/Tyler Municipal Liaison National Novel Writing Month 2011-2013 AEL & T-TESS EDUCATION TEACHING EXPERIENCE Master's of Education 7th Grade ELAR Regular and Advanced Curriculum & Instruction Gregory-Portland Junior High School Texas A&M University 8th Grade STAAR Remediation Bachelor of Arts Henderson Middle School History & Political Science LeTourneau University 9-12th Grade Speech Communications &Teen Leadership Henderson High School AWARDS & GRANTE 10th Grade Regular and Pre-Advanced Placement HISD Tech Star Teacher Award Henderson High School 2013 10-12th Grade Creative Writing Elective Education Foundation $5,000 Grant Henderson High School Holocaust Museum Field Trip 2012 KRISTEN CURRICULUM & PROFESSIONAL ACTIVITIES PRESENTATIONS , LNhLISi-i LHNVUHUt= HK l S tk KtHUINh Henderson High School B.Y.O.D. in the ELAR Classroom Gregory-Portland Junior High School Region 7 ESC Technology Conference • Member of South Texas Curriculum Consortium writing team iPads in the Classroom • Served on Site-Based Decision Making committee, Campus Improvement HISD Tech Tuesday Sessions Plan Committee, and • Piloted BYOD & iPads program How to Write a Novel in 30 Days • Led PLC in goal-setting, vertical alignment, and resource adoption East Texas Writers Association • Developed a data disaggregation tool for spiral re-teaching and targeted intervention • Incorporated project-based teaching • Utilized standards-based grading • Modeled 21St century technology-rich classroom lessons • Planned rigorous Advanced ELAR lessons utilizing TEKS, data, and GT standards 'UBLICATIONS GIFTED/TALENTEC Wonder of Men: The Life and Gregory-Portland Junior High Times of A.G. Kirchner Biography written after being • Re-structured G/T pull out program. contracted by the Kirchner family • Served as the campus G/T entrance testing administrator which took several months of • Maintained G/T entrance, exit, and progress paperwork. interviews and historical research • Led G/T stakeholder committee for end of the year program evaluation to complete. • Organized student-led action research project over active seating 2008 • Organized yearly public showcase • Mentored genius Hour Passion Projects from robotics to novel-writing Tales of Taneslan • Coached teachers on differentiation with projects for the gifted student Middle grade fiction novel drawing • Initiated student cultural exchange with Pakistan upon my experiences of world • Model lessons to colleagues. cultures in my travels through over 20 countries. 2006 CITY OF CORPUS CHRISTI Submit Date: Sep 09, 2017 Application for a City Board, Commission, Committee or Corporation Profile Dr. Amy Aldridge Sanford Prefix 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 4 If yes,how many years? Primary Phone Alternate Phone Texas A&M University-Corpus Associate Vice President for Christi Academic Affaire Employer Job Title 6300 Ocean Drive, Unit 5758 Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Dr. Amy Aldridge Sanford Page 1 of 5 78412 Work Address-Zip Code amy.aldridge.sanford@tamucc.edu Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? LANDMARK COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Former member of the Cable Commission. Education, Professional and/or Community Activity (Present) American Association of University Women, YWCA board of directors, 1 st vice president for the Central States Communication Association, National Communication Association, Texas Speech Communication Association. Why are you interested in serving on a City board, commission or committee? I want to be a good community city and participate in city government. I'm particularly interested in the Landmark Commission because I have done a lot of research on Mexican American Civil Rights in South Texas and believe that we need to do a better job of preserving and marking these spaces. AASanford CV.doc Upload a Resume final.CT.Civil Rights Tourism_copy.docx Please upload any additional supporting documents. Demographics Dr. Amy Aldridge Sanford 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 Dr. Amy Aldridge Sanford 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. NA Dr. Amy Aldridge Sanford Page 4 of 5 Board-specific questions (if applicable) 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? rJ None of the above Dr. Amy Aldridge Sanford Page 5 of 5 Amy Aldridge Sanford, PhD BIOGRAPHY Dr.Amy Aldridge Sanford is an associate vice president for Academic Affairs at Texas A&M University-Corpus Christi. Prior to that appointment, she served six years as a department chair. She is the 1"vice president for the Central States Communication Association, an organization that serves 13 states in the Midwest. During the past five years,Amy has been a presenter on more than 30 academic panels and given nearly 50 invited lectures. She has been published in academic journals and is currently writing a book about student activism and the struggles that accompany paradigmatic shifting.Amy employs qualitative methods to explore the role of communication in leadership, gender, activism, pedagogy, intercultural communication, and privilege. She received a PhD in communication studies from the University of Iowa in 2006. Amy taught for nine years at her alma mater Northeastern State University in Tahlequah, OK, before coming to TAMU-CC in 2013. ADMINISTRATION AND TEACHING Texas A&M University-Corpus Christi, Corpus Christi,TX, May 2016-present Associate Vice President, Division of Academic Affairs Associate Professor of Communication Studies Texas A&M University-Corpus Christi is one of 11 universities in the Texas A&M University System. It is a Hispanic-Serving Institution with more than 12,000 students from 47 states and 54 foreign nations and 1,318 faculty and staff. Undergraduate and graduate degrees, including doctoral programs, are offered in the five academic colleges of Business, Education and Human Development, Liberal Arts, Nursing and Health Sciences, and Science and Engineering. Administration The Associate Vice President for Academic Affairs is a full-time appointment under the direct supervision of the ProvostVice President for Academic Affairs. Major responsibilities include (a) Assisting deans, department chairs and faculty with academic program planning and development, including the development and approval of new undergraduate and graduate programs; (b) Preparing and disseminating reports and data to internal and external bodies, including the TAMU System Office and the Texas Higher Education Coordinating Board; (c) Supervising the Office of International Education and related international partnerships; (d) Interpreting information relating to university policies, including legislative actions and Memorandums of Understanding that affect the Division of Academic Affairs; and (e)Acting as a liaison to coordinate projects involving Academic Affairs and internal and external partners. Selected activities and accomplishments include: • Working closely with the Provost to propose and vet a new university-wide process for catalog changes and new program proposals. • Communicated with college offices to restart degree and certificate proposals that had been stalled. Facilitated the approval process with multiple entities, including colleges, councils, Faculty Senate, Vice President for Finance &Administration, President's Amy Aldridge Sanford, PhD 2 Cabinet, and our external governing bodies. Cleaned up backlog within first year on the job. • Initiated the reactivation of the International Student Organization as a recognized group. They were responsible for many activities, including the Parade of Nations and the International Student Success panel. • Supervised the university's transition to an International Pathway Partnership with a new third-party provider, which required an update to the I-17. • Led a university-wide effort to clean up undergraduate and graduate catalogs and align degree inventories with the public inventory managed by the Texas Higher Education Coordinating Board. • Write, review, interpret, and execute contracts, Memos of Understanding/Agreement, and related addendum. • Prepared tenure and promotion files for the System office and the Board of Regents. • Act as a liaison with the Division of Student Engagement and Success. Teaching (no release) Master's Thesis Committees Oduba, F.* (2017). "Self-Disclosure and Motivation in Social Media Use by Nigerian Women." Rudick, C. L. (2017). "Their Stories: Environmental Identity and Narrated Experience." Rodriguez, M. (2016). "Feminist Conversations with Friends and Romantic Dating Processes." *Adviser Doctoral Dissertation Committees Martin, J.V. (in progress). Texas Woman's University, PhD, Women's Studies. External member. Riley, M. (in progress). Texas A&M University-Corpus Christi, PhD, Curriculum & Instruction. Garcia, R. (2017). "Assessing the link between academic placement and academic achievement in reading, mathematics, and science among 5th graders with disabilities." Texas A&M University-Corpus Christi, PhD, Educational Leadership. Graduate Faculty Representative. Texas A&M University-Corpus Christi, Corpus Christi,TX,August 2013-May 2016 Department Chair of Communication & Media Associate Professor of Communication TAMU-CC's Department of Communication & Media has more than 300 undergraduate majors, 30 graduate students, 90 minors, and a faculty of 15 full-time and 10 part-time instructors. The BA in Communication includes emphases in communication studies, media studies, and media production. Options with minors include communication, public relations, digital journalism, and speech education. Administration The Department Chair is a half-time appointment under the supervision of the Dean of the College of Liberal Arts. Major responsibilities include (a) providing direction and coordination of strategic planning and assessment; (b) monitoring budget and allocating resources; (c) supervising and evaluating all personnel; (d) administering all applicable policies and procedures; (e) coordinating course schedule; (f) recruiting faculty and students; and (g) acting as an ambassador to both internal and external constituents. Selected activities and accomplishments include: Amy Aldridge Sanford, PhD 3 • Strategic Planning: Created 2020 strategic plan for the department, which included enrollment projections, research goals, and recruitment strategies. Planning included a SWOT analysis. Updated the department's mission and objectives. • Curriculum: Proposed a new BA degree for Media Arts beginning in Fall 2017. Revamped the journalism minor and relocated it from the English Department to the Department of Communication & Media as a digital journalism minor.Also moved the campus newspaper Island Waves from Student Engagement and Success to an academic unit. Internship program has been revamped to include more paid internships. • Assessment: Oversaw assessment for the BA, MA, four minors, and two university core programs. Implemented Senior Research Poster Sessions every semester for students in the senior seminar classes. This has increased the visibility of the program and also allows for the gathering of assessment data based on the students' research.Appointed a committee to survey recent alumni. Data will be used to evaluate course offerings, class content, and internship opportunities. • Faculty: Hired five new faculty members in the areas of journalism, organizational communication, production, and communication generalist. Increased adjunct faculty four-fold in order to add offerings of public speaking sections to the campus community. Established Promotion and Tenure guidelines for the department. • Fundraising: Represented the department and university at many Foundation events, including athletic events, Homecoming, State of the University and Happy Hours. Worked closely with college's development officer to increase employee, alumni, and corporate giving. Negotiated a course reassignment for a faculty member to dedicate time to alumni relations and fundraising. Secured the department's first endowed scholarship. • Recruitment and Retention: Encouraged more communication between faculty mentors and their student proteges. We also updated department's web page and established a social media presence. Secured recruitment materials (i.e., display board, brochures, etc.) and cobranded items (i.e., yo yos, lunch bags, pens, sticky notes) for recruitment fairs and other appearances. Initiated the first COMM Week in 2013 and it has become an annual event. The week includes a career night, alumni panel, movie night, and a nationally known keynote speaker. Regularly take graduate students to state and regional conferences. • Course Offerings: Offered more blended and online courses from the department. More faculty Blackboard certified. Offers at least four sections of Public Speaking completely online each semester. Created a new course for the university core curriculum to replace the public speaking offering. The new course better fits the requirements of the Texas Higher Education Coordinating Board. Will join the university's learning communities with this course beginning in Fall 2016. Teaching (Quarter-time Appointment) Undergraduate Courses Senior Seminar in Communication Studies Business & Professional Communication Graduate Courses Introduction to Communication Scholarship Teamwork & Leadership (7.5 week class; 50% online) Undergraduate Honors Thesis Tichota, C. (2016). "The Effects of Anonymity on Yik Yak Users' Uncertainty and Telepresence." Amy Aldridge Sanford, PhD 4 Master's Thesis Committees Nava, I.* (2015). `Facebook is the yellow pages of today': South Texas Hispanic Business Administrator Social Media Utilizations, Relevancies, and Concerns. Weise,A. (2015). "Animated Violence:A Qualitative Look at the Narrative Context Surrounding Violent Acts in Four Animated Movies." Crowley, T. (2013). "Online News Consumption and Political Confirmation Bias." *Adviser Doctoral Dissertation Committee Varbelow, S. (2015). "Growing into the Size of Your Feet:A Narrative Inquiry into the Role Early Academic Experiences Play Throughout Life." Texas A&M University-Corpus Christi, PhD, Educational Leadership. Methodologist. Northeastern State University,Tahlequah, OK, July 2010-July 2013 Department Chair of Communication,Art, &Theatre Associate Professor of Communication (promoted July 2012) Founded in 1851 as a Cherokee seminary, Northeastern State University is a member of the regional university system in Oklahoma and had nearly 10,000 students in 2013. NSU's Department of Communication,Art, &Theatre had more nearly 300 undergraduate majors, 30 graduate students, and a faculty of 17 full-time and 15 part-time instructors. The department included four programs: communication studies, theatre, art, and mass communication. Administration The Department Chair is a half-time appointment under the supervision of the Dean of the College of Liberal Arts. Major responsibilities include (a) providing direction and coordination of strategic planning and assessment; (b) monitoring budget and allocating resources; (c) supervising and evaluating all personnel; (d) administering all applicable policies and procedures; (e) coordinating course schedule; (f) recruiting faculty and students; (g) acting as an ambassador to both internal and external constituents; and (h) directing the graduate program. Selected activities and accomplishments include: • During the first two years as department chair at Northeastern, we totally overhauled the degree plans for the graduate program and four of our five undergraduate programs, instituted program coordinators, incorporated many more 1-hour course offerings and offerings at the branch campuses, encouraged excellence amongst the adjunct faculty, streamlined general education objectives in communication studies, updated very outdated technology, improved web presence, had four successful program reviews, updated RTP guidelines, hired new faculty and increased the number of online and blended course offerings within the department. • Presented assessment workshops with colleagues both locally and regionally. Faculty members within each program wrote mission statements, objectives, and outcomes. • Seventeen full-time faculty were employed within CAT, eleven of them were not tenured and had to be evaluated annually. Helped them set attainable goals that allowed them to grow as scholars and teachers; meetings were always positive and productive. Had the responsibility of reviewing tenured faculty every three years and found them to be very responsive to suggestions. • Of all 16 departments on the campus, the Department of Communication,Art &Theatre had one of the most complicated budgets because of the number of lines. The million- Amy Aldridge Sanford, PhD 5 dollar budget includes the student newspaper, forensics team, communication lab, student travel, operating expenses, faculty salaries, adjunct salaries, graduate assistantships, broadcasting lab, the art gallery, technology, multiple student clubs, and the theatre program. Many of these programs were funded by student fees, but the student newspaper is self-sustaining with about $50,000 in annual advertising revenue. Teaching (Half-time Appointment) Undergraduate Courses Women in Leadership (online); Leadership Internship; Strategies for Teaching Communication; Qualitative Research Methods (50% online); Nonprofit Organizational Communication (50% online); Privilege & Marginalization; Rhetoric of U.S. Women's Movements; Capstone; Job Interviews & Resumes (1-hour credit); Interviewing Techniques & Concepts; Group Dynamics. Graduate Courses Women in Leadership (online); Media Internship; Strategies for Teaching Communication; Qualitative Research Methods (50% online); Nonprofit Organizational Communication (50% online); Privilege & Marginalization; Rhetoric of U.S. Women's Movements. Undergraduate Honors Projects & Capstone Projects Austin, L. (2011). "'There's more of an atmosphere to feel pressure to drink...kind of a hidden pressure':An examination of how college students involved in Greek and Ministry organizations." Blankenship,A. (2011). "'The Church isn't a building; it's a people':A study on the communication of traditional church goer about the contemporary church." Graff, F. (2013). "Breaking the Silence: How Muted Group Theory Plays a Role in Keeping Women Silent in Domestic Abuse Situations." Medeiros, D. T. (2011). "`They help me define who I am and who I want to be': Examining how college students communicate about the Clifton StrengthsFinder Program." (Presented at the annual meeting of the Central States Communication Association,April 2011). Turner, M. C. (2013). "Destructive Competition and Contingent Self-Worth: Adultification on TLC's Toddlers & Tiaras." Master's Thesis Committees Campbell, R.* (2012). "'I still fear the future, but it is much brighter than I had expected':A look at how parents communicate about hope following an unexpected diagnosis of Down syndrome." Martin, J.V.* (2011). "`I'm not gonna write you a love song': The feminist messages of Sara Bareilles." McGowen, S.T.* (2010). "Conflicting narratives of female politicians." Woods, D. (2011). "The transcendence appeal of WikiLeaks:A kategoria and apologia analysis of the defense rhetoric of Julian Assange." *Adviser Doctoral Dissertation Committees Kaney, P. L. (2013). "Representations of Disability in Youth Literature:A Discourse Analysis of Award Winning Books." Emporia State University, PhD, Library and Information Management. External member. Northeastern State University,Tahlequah, OK, July 2006-July 2010 Amy Aldridge Sanford, PhD 6 Assistant Professor of Communication (tenured July 2010) Coordinator of Graduate Studies (beginning 2008) Teaching (Full-time Appointment) Undergraduate Courses Fundamentals of Communication; Competitive Forensics; Public Speaking; Business & Professional Communication; Group Dynamics; Oral Interpretation; Interviewing Techniques and Concepts; Job Interviews & Resumes (1-hour credit); Capstone; Rhetoric of U.S. Women's Movements; Primetime Animation; Privilege & Marginalization; Critical Pedagogy; Nonprofit Organizational Communication; Reality Television; Qualitative Research Methods; Strategies for Teaching Communication; Leadership Internship; Computer-Mediated Communication (online). Graduate Courses Rhetoric of U.S. Women's Movements; Primetime Animation; Privilege & Marginalization; Critical Pedagogy; Nonprofit Organizational Communication; Reality Television; Qualitative Research Methods; Strategies for Teaching Communication;Advanced Group; Computer- Mediated Communication (online). Undergraduate Honors Project Williams, L. (2009). "'A hawk that only lives in Tahlequah': How the RiverHawk brand is used to promote the NSU brand." Master's Thesis Committees Duncan, L.M.* (2009). "Who's getting the education?: Participation in collegiate classrooms." Head, S.E.* (2009). "`This music ain't got the same soul': Popular music and feminist views across generations." Kenyon, S.* (2009). "Leadership communication: Leader-follower communication in the age of Appeasement." *Adviser Northeastern State University,Tahlequah, OK,August 2004-July 2006 Instructor of Speech Communication Director of Forensics Coordinator of Communication Education Teaching (Full-time Appointment) Undergraduate Courses Fundamentals of Communication; Competitive Forensics; Public Speaking; Group Dynamics; Interviewing Techniques and Concepts; Capstone; Strategies for Teaching Communication. Graduate Course Strategies for Teaching Communication. ADDITIONAL LEADERSHIP EXPERIENCES First Vice-President for the Central States Communication Association, 2017-18. Amy Aldridge Sanford, PhD 7 • Founded in 1931, CSCR is a professional, academic organization dedicated to communication studies and related disciplines. The annual meeting draws about 1,000 attendees. Over the years, I have served as chair of three interests groups, member at large on the executive committee, and chair of the nominating committee. HERS Bryn Mawr Summer Institute, Bryn Mawr, Pennsylvania, July 2016. • Competitively selected to attend a 2-week institute on the campus of Bryn Mawr College. Established in 1976, the institute has prepared over 2,500 women faculty and administrators for leadership roles in higher education. Administrative Fellow in the Division of Academic Affairs, Spring 2016. • A competitively selected half-time appointment under the supervision of the Provost and Vice Provost. Major responsibilities included proposing a new university catalog process, ushering new program proposals, and communicating with the Regents and Coordinating Board. Chair of Texas Association of Communication Administrators, 2014-16. • Planned panels for our annual convention with the Texas Speech Communication Association. During my time as vice chair and chair, we increased participation and leadership within the organization. Higher Education Department Chairs Academy, Edmond, Oklahoma, May 2014. • Designed to offer education professionals the opportunity to network and share best practices while experiencing a leadership curriculum designed specifically for their needs. Interim Assistant Dean for the College of Liberal Arts, Spring 2012. • The interim dean of the College of Liberal Arts appointed me as his interim assistant dean to help with his workload. Chair of Screening Committee for the Director on Indigenous Studies Development Center Director, December 2011-April 2012. • When the university was running behind on a timeline of a $1.8 million dollar federal grant, I was asked to step in and lead a committee to get a director hired, which we did. Founding Director for Women's & Gender Studies Minor, 2011-2013. • Organized a group of faculty, staff, administrators, and community members who wanted to create a minor in Women's and Gender Studies. The proposal was approved by the state regents in the spring of 2011. Served as the founding director for the minor. Assistant to the Interim Vice President for Academic Affairs, Fall 2009. • When NSU was without a provost, the interim provost asked me to leave the classroom and serve as her assistant until a permanent provost could be hired. My primary responsibilities included preparing reports for the Regents and representing Academic Affairs on university committees. President of the Oklahoma Speech Theatre Communication Association, 2007-2008. • Founded in 1927, OSTCA is a professional state organization made up of about 100 members dedicated to communication, mass communication, and theatre. In 2007, I was the primary program planner for the annual convention. Chair of Centennial Lectureship Committee, 2008-2009. • Appointed to the committee in 2007 and was asked to chair in 2008 after two other chairs had resigned. Under my leadership, we brought four speakers to campus, including Elizabeth Eckford from the Little Rock Nine. Chair of General Education Task Force, 2007-2010. • Appointed by the Vice President for Academic Affairs to chair a university committee to overhaul the university's general education curriculuma job that hadn't been successfully completed in 20 years. The curriculum was successfully created, vetted, and Amy Aldridge Sanford, PhD 8 implemented under my leadership.Additionally, a standing university committee was put in place. Selected Professional Development 6th Annual Great Expectations Speaker Luncheon with Lisa Ling, Women's Shelter of South Texas. (June 27, 2017) The Acceleration Institute, Texas State University. (April 6, 2017 -April 7, 2017) Harnessing the River of Power, Texas Women in Higher Education. (April 2, 2017 -April 4, 2017) Soaring to New Heights, Corpus Christi Black Chamber. (March 30, 2017) Understanding Developmental Education Non-Course Based Options (NCBOs), Texas Higher Education Coordinating Board. (February 14, 2017) Universities. (February 2, 2017 - February 4, 2017) Texas Council of Chief Academic Officers Retreat, TCCAO. (January 23, 2017 - January 25, 2017) 47th annual NAACP MLK Freedom Fund Banquet, NAACP-H. Boyd Hall Branch. (January 15, 2017) Mendez vs Westminster (1947), Texas A&M University-Corpus Christi. (October 14, 2016) Texas Tribune Festival, Texas Tribune. (September 23, 2016 - September 24, 2016) 60x3OTX Regional Conference, Texas Higher Education Coordinating Board. (September 15, 2016) Chicano Voices: Stories from the South Texas Civil Rights Movement, Texas A&M University- Corpus Christi. (September 9, 2016 - September 10, 2016) Active Shooter Training, Center for Faculty Excellence & Faculty Senate. (September 9, 2016) Green Zone Training. (August 18, 2016) Annual Conference & Expo, NAFSA:Association of International Educators. (May 31, 2016- June 3, 2016) Navigating Uncharted Seas, Texas Women in Higher Education. (April 4, 2016 -April 5, 2016) Marc Lamont Hill, MLK Community Celebration, TAMU-CC & Del Mar College. (January 26, 2016) Feminist, Inclusive and Consequential Academic Leadership:A Mentoring Workshop on Overcoming Barriers, Confronting Dilemmas, and Creating Departmental and Institutional Change, National Communication Association. (November 18, 2015) Dolores Huerta, Del Mar College. (October 23, 2015) "The Warmth of Other Suns", Isabel Wilkerson, John Hope Franklin Center for Reconciliation. (May 27, 2015) Micheal Eric Dyson, MLK Community Celebration, TAMU-CC & Delmar Community College. (January 29, 2015) Living a Blended Heritage: Native American & Mexican American,YWCA Corpus Christi. (September 16, 2014) Donna Brazile, MLK Community Celebration, TAMU-CC & Delmar Community College. (January 23, 2014) Distance Education Certificate Training, Distance Education. (January 6, 2014 - January 10, 2014) SCHOLARSHIP Research Interests Amy Aldridge Sanford, PhD 9 Qualitative researcher with a specific strength for in-depth semi-structured interviewing. Topical interests and expertise include leadership, gender performance, college student activism, feminism, and pedagogy. Book Project Sanford,A.A. (in progress). Turning left: Newfound liberal consciousness and everyday activism. Explores college student activism and the struggles that accompany paradigmatic shifting. Includes chapters on the history of liberal activism in the United States, types of activism, dialoguing through disagreement, leadership, and risks associated with activism. Book Chapters Sanford,A.A. & Martin, J.V. (in press). Addressing Cultural Intersections: Critical Feminist Communication Pedagogy. In A.Atay and S. Toyosaki (Ed.), Theorizing critical intercultural communication pedagogy. Lanham, MD: Lexington Books. Copeland, K. D. & Sanford,A.A. (2018). Beyond the Classroom Walls: Sharing Institutional Problems and Proposed Solutions at Public Symposia. In C. K. Rudick, K. B. Golsan, & K. Cheesewright (Ed.), Teaching from the Heart& Learning to Make a Difference: Teaching the Introductory Communication Course through Critical Communication Pedagogy. San Diego, CA: Cognella. Sanford,A.A., Copeland, K., &Wallace, B. (2013). Presenting Oral Arguments. In M. F. Stanley (Ed.), Engaging self in critical inquiry and analysis: A rhetoric and reader for argument. (2nd edition). Southlake, TX: Fountainhead Press. Refereed Journal Articles Rudick, C. K., Sollitto, M., Claus, C. J., Sanford,A.A., Nainby, K., & Golsan, K. B. (2017). Comparing Hispanic-to-White Co-Cultural Communication at Hispanic Serving and Predominately White Institutions. Communication Reports. Rodriguez, S. R. R., Sanford,A.A., Rudick, C. K., & Martin, J. V. (2016). Expanding Academic Development at Professional Conferences: An Assessment of a Compressed Faculty Learning Community. Learning Communities Journal 8 (1), 51-69. Sanford,A.A., Ross, E. M., Blake, S. J., Cambiano, R. L. (2015). Finding Courage and Confirmation: Resisting Impostor Feelings through Relationships with Mentors, Romantic Partners, and Other Women in Leadership.Advancing Women in Leadership, 35, 33-43. http://advancingwomen.com/awl/awl wordpress/archives/ Sanford,A.A. (2014). Feminist Students' Perceived Barriers to Feminist Activism in the Heartland. Iowa Journal of Communication 46(2). Sanford,A.A. (2010). `I can air my feelings instead of eating them': Blogging as social support for the morbidly obese. Communication Studies 61 (4), 567-584. Imes, R.S., Bylund, C.L., Sabee, C.M., Routsong, T., & Sanford,A.A. (2008). Patients' Reasons for Refraining from Discussing Internet Health Information with Their Healthcare Providers. Health Communication. 23(6), 538-547. Bylund, C.L., Gueguen, J.A., Sabee, C.M., Imes, R.S., Li,Y., & Sanford,A.A. (2007). Provider- patient dialogue about internet health information: An exploration of strategies to improve the provider-patient relationship. Patient Education and Counseling, 66(3), 346- 352. Sabee, C.M., Bylund, C.L., Imes, R.S., Sanford,A.A. & Rice, I.S. (2007). Patients'Attributions for Health-Care Provider Responses to Patients' Presentation of Internet Health Research. Southern Communication Journal, 72(3), 265-284. Amy Aldridge Sanford, PhD 10 Bylund, C.L., Sabee, C.M., Imes, R.S., & Sanford,A.A. (2007). Exploration of the Construct of Reliance Among Patients Who Talk with Their Providers about Internet Information. Journal of Health Communication. 12(1), 17-28. Aldridge,A. N. (2004). The Block Game. Communication Teacher, 18(2), 70-73. Grant Applications Strada Education (funded).August 2016-May 2019. $325,000. Co-PI. The goals of the Minority Serving Institution Measuring College Value project involve preparing mechanical engineering students to (a) communicate technical information with non-technical audiences, (b) secure a desirable job quickly after graduation, and (c) have the communication skills necessary to advance as leaders within their careers. CSCR Federation Prize (not funded). "Problematic Integration Theory: The effects of state and national election results on local campaign volunteers' motivations and willingness to engage in future activism. Submitted February 2015. $3,000. Journal Editorial Boards Journal of Communication Pedagogy, November 2017-November 2019. Communication Quarterly, June 2016-June 2017. Health Communication,August 2015-August 2016. Communication Teacher,August 2015-December 2017. The Journal of Popular Culture Studies, June 2015-June 2016. Iowa Journal of Communication,August 2014-August 2015. Invited Publications/Columns Sanford,A.A. (February 12, 2017). "Confronting those imposter feelings on the j ob," Corpus Christi Caller-Times. Sanford,A.A. (July 2016). Bring your students to CSCR! Central States Communication Association Newsletter, 84(2), 9-10. Sanford,A.A. (Summer 2016). Five Suggestions for Leaders Committed to Equality. The Department Chair, 27(1), 8-11. Sanford,A.A. (April 1, 2016). "Equal-rights History Revisited," Corpus Christi Caller-Times. Sanford,A.A. (September 27, 2015). "Promote Civil Rights Tourism in South Texas," Corpus Christi Caller-Times. Sanford,A.A., &Wahl, S. T. (Summer 2015). Making the Move: Tips for Externally Hired Chairs. The Department Chair, 26(1), 6-7. Sanford,A.A. (March 22, 2015). "Women Must Continue the Fight," Corpus Christi Caller- Times. Selected Invited Lectures and Workshops From a March to a Movement: Learn How to Ignite Activism on Your Campus, National Conference for College Women Student Leaders, College Park, MD. (June 2017). Nothing to do with Luck: Identifying and Overcoming Imposter Feelings, Tarleton State University, Stephenville, TX. (March 2017). Leadership Committed to Equality,AAUW Corpus Christi, Corpus Christi, TX. (November 2016). Leadership: Sex, Gender, and the Imposter Phenomenon, Carl Albert State College, Poteau, OK. (September 2016). Serving the Value of Excellence: Five Tips for Leaders Committed to Equality, Columbus State University, Columbus, GA. (April 2016). Amy Aldridge Sanford, PhD 11 Evaluating Faculty, TAMU System conference call facilitated with the Vice Chancellor for Academic Affairs, originated from College Station, TX. (December 2015). Dialoguing Though We Disagree: Modeling Civil Discourse in the Classroom, keynote for the annual meeting of the Oklahoma Speech Theatre Communication Association, Tulsa, OK. (September 2015). Stand and Deliver: Building and Maintaining Faculty Mentor-Student Protege Relationships, TED-style talk given to 200 faculty and staff, Center for Faculty Excellence, Texas A&M University-Corpus Christi. (January 2015). Mission Statements, Committees, and Strategic Planning, consultation provided to the board of directors for the Northeast Oklahoma Regional Alliance, Tahlequah, OK. (May 2013). Racism in America: Does it still exist?, panelists at all-school assemblies at Booker T. Washington High School, Tulsa, OK. (February 2013). Selected Scholarly Presentations Author & Presenter— "Bridging the Gap: Sustaining Difficult Conversations Interpersonally, Pedagogically, and Personally," NCA Conference, National Communication Association, Dallas. (November 2017). Co-Author & Presenter - "Hispanic—identified Students and Co-Cultural Theory: Communication Strategies within Distinct Institutional Contexts," NCA Conference, National Communication Association, Philadelphia. (November 2016). Co-Author & Presenter - "Theorizing Critical Intercultural Communication Pedagogy," CSCR annual meeting, Central States Communication Association, Grand Rapids, MI. (April 2016). Presenter— "Crucial Moments in the Chair Experience:A Case Study Approach,"Academic Chairpersons Conferences, Kansas State University, Charleston, NC. (February 2016). Co-Author - "'It's Just Not Who I Am': Work/Life Balance for Women in Leadership," NCA Conference, National Communication Association, Las Vegas. (November 2015). Co-Author - "Context and Co-Cultural Theory: Comparing Hispanic-to-White Co-Cultural Communication at Hispanic Serving and Predominately White Institutions," NCA Conference, National Communication Association, Las Vegas. (November 2015). Co-Author - "Embracing Opportunities to Learn Together:A study on Faculty Learning Communities and Educational Development," NCA Conference, National Communication Association, Las Vegas. (November 2015). Organizer & Panelist - "Administrators Converge to Discuss Solutions:A Case Study Approach to Common University Challenges," CSCR Conference, Central States Communication Association, Madison,WI. (April 2015). Panelist - "Changing Academic Discourse: Mentoring International Students," CSCR Conference, Central States Communication Association, Madison, WI. (April 2015). Co-Author & Presenter- "Making the Move: Tips for Externally Hired Department Chairs," 32nd Academic Chairpersons Conferences, Kansas State University,Austin, TX. (February 2015). Presenter - "Managing the Past and Embracing Presence: Faculty Learning Community on Teaching Controversial Topics," NCA Conference, National Communication Association, Chicago. (November 2014). Organizer & Presenter - "All Eyes on You: Being a Responsible College/University Administrator," TSCA Conference, Texas Speech Communication Association, Lubbock, TX. (October 2014). Organizer & Panelist - "Elevating to an Administrative Role in Higher Education: Considerations, Challenges, and Triumphs," CSCR Conference, Central States Communication Association, Minneapolis, MN. (April 2014). Amy Aldridge Sanford, PhD 12 Author & Presenter - "Hold up, Sheryl Sandberg, I'm No Imposter:A Critique of the Best Selling Book"Lean In"," CSCA Conference, Central States Communication Association, Minneapolis, MN. (April 2014). Panelist - "Facilitating `Possible' Communication and Paradigm Shifts: Challenges, Strategies, and Techniques for Discussing `Difficult' Course Topics," CSCA Conference, Central States Communication Association, Kansas City, MO. (April 2013). EDUCATION 2006 PhD Communication Studies University of Iowa 2003 MA Communication Studies University of Iowa 2001 MEd School Administration Northeastern State University 1999 BA Communication Education (minor in mass communication) Northeastern State University Honors,Awards, & Fellowships Y Women in Careers (March 2017). Since 1979, the Corpus Christi YWCA has recognized local women who have made a significant impact in their career fields while exemplifying the mission of the YWCA to eliminate racism and empower women. Corpus Christi Under 40 (January 2016). CCU40 is an event honoring the accomplishments of men and women under 40 years of age who have made significant contributions in their professional fields as well as through service in the community. Amigos de la Isla, Student Engagement & Success (May 2015). This award annually honors one faculty member and one staff member who have gone above and beyond their roles on campus to accomplish goals and serve students. Outstanding Islander, TAMU-CC Marketing & Communication (May 2015). Recognizes outstanding students, faculty, staff and alumni that make Texas A&M University- Corpus Christi the first-choice destination for many students throughout the world. An average of three awards are given monthly. Outstanding Service Award,AAUW Tahlequah (June 2013). The recipients have provided exemplary service to the branch over a period of at least ten years. They have made tremendous contributions to AAUW's mission —to promote equity for all women and girls, lifelong education, and positive societal change. Josh Lee Service Award, Oklahoma Speech Theatre Communication Association (September 2012). Named for the Oklahoma teacher/statesman, college debate champion,professor of speech at the University of Oklahoma, U. S. Representative and U. S. Senator. Lee was head of the Speech Department at OU for several years. Award is given for career contributions to speech, theatre, Amy Aldridge Sanford, PhD 13 communication in Oklahoma. Northeastern Student Government Association "Faculty Member who made a Difference" (May 2011). Each student leader of NSGA is allowed to recognize one faculty member of his/her choice at an annualluncheon. International Faculty Development Fellow to Amman, Jordan, Northeastern State University (June 2011). Five faculty members are awarded a $7,000 fellowship to attend a Council on International Educational Exchange (CIEE) faculty seminar. Northeastern Student Government Association "Faculty Member who made a Difference" (May 2010). Each student leader of NSGA is allowed to recognize one faculty member of his/her choice at an annualluncheon. "The Journal Record's"Achievers Under 40-Class VII (June 2010). Thirty-nine young professionals under the age of 40 who are working to make Oklahoma a better place. They have not only proven themselves in their professions, they clearly demonstrate a commitment to the communities where they live. DaVinci Fellow, awarded by The DaVinci Institute (March 2009). The DaVinci Institute Board of Directors recognizes creativity, broadly defined, among Oklahoma's higher education faculty. Acting on the premise that creative thought and insight are fundamental components of extraordinary scholarship, invention, teaching, and performance across academic disciplines, the DaVinci Institute seeks nominees whose accomplishments reflect a high degree of innovation. NSU Inaugural Centurion, given during NSU's Founders' Day (March 2009). Adapted from the word "centurion," the commander of a century (100 men) in the Roman army, the Northeastern State University Centurion is an individual whose leadership and commitment, in the course of helping others, has allowed them to make a significant impact during the past 100 years of NSU history. Other centurions include Carrie Underwood and Drew Edmondson. Fred Tewell Outstanding College Communication Educator, awarded by the Oklahoma Speech Theatre Communication Association (September 2008). Tewell was a long-time professor of communication at Oklahoma State University, where he taught and coached debate for 25 years. Tewell was an active member of OSTCA for many years.Award is given for career contributions to college teaching in the discipline of communication. PROFESSIONAL AFFILIATIONS National Communication Association Central States Communication Association, lifetime member. Texas Speech Communication Association • Four-Year College and University committee member, 2015-17. Texas Council of Chief Academic Officers Texas Association for Communication Administrators Amy Aldridge Sanford, PhD 14 • Vice President and Program Planner, 2013-14. Texas Women in Higher Education. • Institutional Representative,August 2016-present. Texas International Education Consortium. • Operating Council,August 2016-present. YWCA Mission Member • Board of Directors, 2017-2020. • Nominating Committee, 2016-2017. Oklahoma Speech and Theatre Communication Association, 1998-2013. Oklahoma Alumni &Associates of FHA, NHA, HERO, & FCCLA. • Co-founder. • Board member, 1997-1999 and 2012-2013. Oklahoma Women in Higher Education. • Institutional Representative on the Board of Directors, 2010-2013. American Association of University Women. • State Vice President of Membership, 2012-2013. • Branch President, 2009-11. Society for Collegiate Journalists, lifetime member. NSU Alumni Association, lifetime member. UNIVERSITY & COMMUNITY SERVICE Texas A&M University-Corpus Christi,August 2013-present College/School Service Committee Member, Dean Screening Committee, October 2015-May 2016. Peer Leader, Go Blue Give Green, Fall 2015. Committee Member, SAMC Event Coordinator Screening Committee, Summer 2015. Committee Member,Art Chair Screening Committee, December 2013 - March 2014. University Service Committee Member, Provost/VPAA Screening Committee, July 2017-present. Designated School Official, Student & Exchange Visitor Information System (SEVIS), July 2017-present. Interviewer, Honors Program, May 2017. Faculty Mentor, Day at the Capitol, February 2017. Chair, Hiring Committee, Coordinator for Study Abroad, November 2016-March 2017. Academic Affairs Liaison, Student Engagement & Success Council,August 2016-Present. Committee Member, International Education Committee,August 2016-Present. Committee Member, Hiring Committee, Coordinator for International Student and Scholar Services,August 2016-January 2017. Committee Member, Export Control Committee, June 2016-Present. Session Chair, First-Year Research Conference, May 2015. Committee Member, Endowment Scholarship Committee, January 2015-August 2016. Scorer, FYLCP Assessment, January 2015. Committee Member, Faculty Onboarding, May 2014-August 2014. Committee Member, Student Publications Committee,April 2014-May 2016. Committee Member, Core Curriculum Committee, October 2013-October 2016. Committee Member, Institutional Review Board, October 2013—January 2016. Amy Aldridge Sanford, PhD 15 TAMU System Service Committee Member, Council for Academic Technology and Innovative Education (CATIE), May 2016-May 2017. Committee Member, TAMUS Communication Marketable Skills Workgroup. (March 2016— July 2016). Community Service: Board Member, YWCA, May 2017-May 2020. Auction Angel, KEDT-TV, May 2017. Judge, Optimist International Oratorical Contest,April 2017. Volunteer, Corpus Christi 911, November 2016. Guest Speaker, Dress for Success/Workforce Solutions, October 2016. Committee Member, YWCA Nominating Committee, May 2016-May 2017. Judge, Texas Intercollegiate Forensics Association, November 2015. Volunteer, Kids Against Hunger, September 2015. Board Member, Corpus Christi Cable Commission,April 2014-June 2015. Judge for District 32A Academic Meet, University Interscholastic League,April 2015 and March 2017. Committee Member, YWCA Public Relations Committee,April 2014-December 2014. Member, Battleground Texas, June 2014-November 2014. Judge for District 32A Academic Meet, University Interscholastic League, 2014, 2015 and 2017. Spelling Bee Pronouncer, Calk Elementary, January 2014. 1 "Caller-Times" Sept. 27, 2015 South Texas Should Promote Civil Rights Tourism Amy Aldridge Sanford For people interested in Black Civil Rights history, there are plenty of places to experience the past, including the home of Medgar Evers in Jackson, Mississippi; Ebenezer Baptist Church in Atlanta, Georgia; the Edmund Pettus Bridge in Selma, Alabama; and Central High School in Little Rock, Arkansas. These sites keep history alive so that visitors may never forget the lessons learned from both triumphs and tragedies. Mexican American Civil Rights also has a rich history in the US, and the landmarks in South Texas must be promoted and preserved before it is too late. This involves a three-step process: (1) Recognizing the heroes of the Mexican American Civil Rights Movement; (2) Identifying and restoring important landmarks in South Texas; and (3) Inviting people from around the globe to experience these important spaces. Corpus Christi is a great place to start. This community was home to Ben Garza, who along with others founded the League of United Latin American Citizens in 1929 at Salon Obreros y Obreras on Lipan Street. In a time when "No Mexicans Allowed" signs were commonplace, the group formed to defend the civil rights of Mexican Americans. While an historical marker at the former site of Obreros was placed in 1981, many other places have not been marked, including the site of LULAC's first convention at Allende Hall on Black Street (renamed North Staples years later). Other potential sites for tourists interested in Garza could include the cafe he owned on Chaparral, Rose Hill Cemetery where he is buried, and Ben Garza Park. Dr. Hector P. Garcia, a community activist and founder of the American GI Forum, lived most of his adult life in Corpus Christi. Tourism spaces related to him could include his former medical practice on Bright Street; the historical marker at Lamar Elementary, where AGIF was originally organized; his family homes on Ohio Avenue and Peerman Place; and his statue and papers on the campus of Texas A&M University-Corpus Christi. James 'Jimmy" DeAnda practiced law in Corpus Christi for nearly 25 years, beginning in 1955. Prior to his arrival in town, he served on a team of attorneys that successfully argued the landmark Hernandez v. 2 Texas case before the Supreme Court. Because of this verdict in favor of Hernandez, Mexican Americans had to be included in jury pools. DeAnda's law office and/or home could be sites of interest. Tourists could also visit the town of Edna, where the original murder trial against Pete Hernandez was litigated. The location of the crime and the former county jail were Hernandez was held could be designated landmarks. A search through the database of the Texas Historical Commission landed no results for historical markers related to Hernandez v. Texas. Other cities in South Texas with contributions to be made to Mexican American Civil Rights tourism include San Antonio and Crystal City. In the 1930s, Emma Tenayuca helped organize labor strikes against The Southern Pecan Shelling Company and the Finck Cigar Company in San Antonio. These strikes predated the Delano Grape Strike and Boycott organized by Cesar Chavez and Dolores Huerta by two decades. There is an historical marker dedicated to Tenayuca at Milam Park (formerly Plaza Del Zacate), but the sites of the labor struggle in San Antonio should also be highlighted. Crystal City High School was an important site for Chicano activism in 1969. Jose Angel Gutierrez led a citizen uprising and a student walk out in response to the dominant political structure that was controlled by the city's business elite. Out of this activism, the Raza Unida Party was eventually formed. Today, the old high school is still standing and would be a great site for a National Parks museum much like the museums dedicated to Central High School in Little Rock, Arkansas, and Monroe Elementary School (Brown v Board of Education) in Topeka, Kansas. Recently my husband and I made the 70-mile trip to Three Rivers to see the funeral home where Felix Longoria, a Mexican American killed in World War II, was denied a wake because as the mortuary director noted, "the Whites wouldn't like it." We pulled into the 200 block of East Thornton, and saw an empty lot where the building had been demolished and the historical marker, placed in 2009, was nowhere to be found. We were surprised and disappointed. People's memories are short. The stories of our Mexican American Civil Rights heroes must be told and the spaces they walked must be preserved before more buildings and history in South Texas are further demolished. Amy Aldridge Sanford, PhD, is an associate professor and chair of the Department of Communication & Media at Texas A&M University- 3 Corpus Christi. She is currently writing a book about university students and activism. 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 CITY OF CORPUS CHRISTI Submit Date: Feb 04, 2018 Application for a City Board, Commission, Committee or Corporation Profile Dr. Bryan E. Stone Prefix F 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 14 years If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Professor, History/Social Del Mar College Sciences Employer Job Title 101 Baldwin Blvd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Dr. Bryan E. Stone Page 1 of 5 TX Work Address-State 78404 Work Address-Zip Code 3616981988 Work Phone bstone@delmar.edu Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? LANDMARK 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) Ph.D., American Studies and Civilization, University of Texas at Austin, 2003 M.A., English, University of Virginia, 1991 B.A., English, The University of Texas at Austin, 1989 Managing editor, "Southern Jewish History" See online CV with full list of professional activiites, publications, and presentations: http://dmc122011.delmar.edu/socsci/Faculty/Stone/Vita/ Why are you interested in serving on a City board, commission or committee? I have lived in Corpus Christi for many years, but my public involvement has revolved entirely around Del Mar College. I believe that I have professional skills that may be of benefit to the city at large. Bryan_Stone= CV 1-page 02- 2018 .docx Upload a Resume Dr. Bryan E. Stone 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 Dr. Bryan E. Stone 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 Dr. Bryan E. Stone Page 4 of 5 Board-specific questions (if applicable) 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? W Historian Dr. Bryan E. Stone Page 5 of 5 Bryan Edward Stone, Ph.D. Del Mar College Department of Social Sciences 101 Baldwin Boulevard Erm Corpus Christi,Texas 78404 (361) 698-1988 (w) Bryan Edward Stone Curriculum Vita Page 2 www.delmar.edu/socsci/Faculty/Stone (case sensitive) Education Ph.D.,American Studies and Civilization, University of Texas at Austin, 2003 M.A., English, University of Virginia, 1991 B.A., English,The University of Texas at Austin, 1989 Teaching Experience Del Mar College, Corpus Christi,Texas August 2004-Present Professor, History/Social Sciences The University of Texas at Austin Summers 2009-2012 Schusterman Center for Jewish Studies Visiting Professor, Jewish Studies Dawson Community College, Glendive, Montana August 1999-May 2004 Instructor,History/Humanities Selected Publications Memories of Two Generations:A Yiddish Life in Russia and Texas,by Alexander Z. Gurwitz (University of Alabama Press, 2016). The Chosen Folks: Jews on the Frontiers of Texas (University of Texas Press, 2010). Winner, Southern Jewish Historical Society Book Prize, 2011 "Teaching Southern Jewish History:A Dialogue," with Scott M. Langston, Southern Jewish History 15 (2012): 1-40. "Edgar Goldberg and the Texas Jewish Herald: Changing Coverage and Blended Identity,"Southern Jewish History 7(2004): 71-108. Managing Editor, Southern Jewish History, 2015 - Committee Memberships,Del Mar College Chair, Faculty Council, 2012-2013 Chair, Promotion, Rank,Tenure, and Evaluation Task Force, 2011-2013 Member,Academic Standards Committee, 2014-2017 History Program Review Committee, 2017-present Presentations and Conferences A full list is available at www.delmar.edu/socsci/Faculty/Stone. References are available on request. City Of Corpus Christi PLANNING COMMISSION BOARD DETAILS The Planning Commission makes and amends a master plan for the SIZE 9 Seats physical development of the City;to recommend to the City Council in approval or disapproval of proposed changes in the zoning plan;to exercise control over platting or subdividing land within the corporate limits of the city 107 TERM LENGTH 3 Years and within an area extending five miles beyond the City limits;to submit annually to the City Manager not less than 90 days prior to the beginning of OVERVIEW TERM LIMIT ' Years the budget year a list of recommended capital improvements which,in the opinion of the commission,are necessary or desirable during the forthcoming five-year period;to require information from other departments of the City government in relation to its work;to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. In addition,members appointed to the Planning Commission are concurrently appointed to the concurrent Beach/Dune Committee(§10-17). This committee reviews applications for master planned development ordinances from applicants seeking beachfront construction,and submits their recommendations to City Council.They also review the location of the dune protection line and beachfront construction line at least once every five years or within 90 days after a tropical storm or hurricane affecting the portion of the coast lying within the City's jurisdiction. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Nine(9)members which shall consist of nine registered voters of the City F-�Ik appointed by the City Council for three-year staggered terms.The following organization may appoint an ex-officio, non-voting representative: United States Navy. Members elect a Chair from among its membership at the first regular meeting in August of each year. DETAILS ............................................................................................................................................................................................................................................ CREATION/AUTHORITY City Charter Art.5,Sec. 1-6.The first Planning Commission ordinance was adopted in 1937 and has been amended several times,the latest amendment being adopted 7-13-68. Sec. 10-17, Code of Ordinances;Ord. 022164,2-28-95; Ord.031165-06/13/17. ....................................................................................................................................................................................................................................................... MEETS Every other Wednesday,City Hall,Council Chambers,5:30 p.m. _.............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Three-year staggered terms. _.............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Development Services _.............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION PLANNING COMMISSION Page 1 of 1 Planning Commission July 17, 2018 Three(3)vacancies with terms to 7/31/21. 1 i. Matthew Ezell PLANNING COMMISSION Seeking Reappointment District 2 Partial 07/31/18 Member 75%12/16 Sheldon Schroeder PLANNING COMMISSION Seeking Reappointment District 4 Partial 07/31/18 Member 85%17/20 Mike Lippincott PLANNING COMMISSION Met Six-Year Term Limit District 4 2 07/31/18 Vice-Chair Jeremy Baugh PLANNING COMMISSION Active District 1 1 07/31/19 Member Carl E Crull PLANNING COMMISSION Active District 5 2 07/31/20 Member Daniel M Dibble PLANNING COMMISSION Active District 5 1 07/31/19 Member Heidi Hovda PLANNING COMMISSION Active District 2 2 07/31/20 Member Marsha Williams PLANNING COMMISSION Active District 3 2 07/31/20 Member Eric Villarreal PLANNING COMMISSION Active District 2 2 07/31/19 Chair Ben Polack PLANNING COMMISSION Active 1 N/A Ex-Officio/Non-Voting Planning Commission Applicants July 17,2018 z •- Work Address Roland A Gaona PLANNING COMMISSION District 3 Self-employed(Keller Williams Coastal Bend) 4518 Everhart Rd.,Ste.101 Corpus Christi TX Yes Craig C Hebner PLANNING COMMISSION District 1 Horton Automatic 4242 Baldwin Blvd Corpus Christi TX Yes Jason Page PLANNING COMMISSION District 4 Self Employed Corpus Christi TX Yes Christopher Rabe PLANNING COMMISSION District 1 Texas A&M University-Kingsville 700 University Blvd Kingsville TX Yes Gordon R Robinson PLANNING COMMISSION District 4 Corpus Christi Regional Transportation Authority 602 N.Staples St. Corpus Christi TX Yes Diana Summers PLANNING COMMISSION District 4 Hogan Homes 400 Mann St. Corpus Christi TX Yes Kamran Zarghouni PLANNING COMMISSION District 5 KM Premier Real Estate 7002 S.Staples Ste104 Corpus christi TX Yes CITY OF CORPUS CHRISTI Submit Date: Apr 02, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr. Roland A Gaona Prefix 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 57 years If yes,how many years? Are you a registered voter? r Yes f No Primary Phone Alternate Phone Self-employed (Keller Williams Coastal Bend) REALTOR® Job Title 4518 Everhart Rd., Ste. 101 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mr. Roland A Gaona Page 1 of 6 Texas Work Address-State 78411 Work Address-Zip Code 361.425.7131 Work Phone ragaona6l@gmail.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? BOARD OF ADJUSTMENT: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: 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: No Education, Professional and/or Community Activity (Present) I have previously served on the Transportation Advisory Board, the Municipal Arts Commission, and the Nueces County Transportation & Railroad Board along with 39 years as a residential and commercial REALTOR®, Member of the Corpus Christi Assoc. of REALTORS®Texas Real Estate Political Action Committee, member of the Corpus Christi Assoc. of REALTORS® Governmental Affairs Committee, Founder of the LULAC #1 Foundation inc. Founder of The Tejano Civil Rights Museum & Cultural Resource Center, Member of the Board of Directors of Bailando Dance Festival Why are you interested in serving on a City board, commission or committee? Because I believe that it is important to give back to the community in areas of my expertise and knowledge. Mr. Roland A Gaona Page 2 of 6 Demographics 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 Mr. Roland A Gaona 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 Mr. Roland A Gaona 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. I did not answer Yes to any of the questions above. Board-specific questions (if applicable) Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and qualified elector* of the District (Nueces County)? r• Yes c No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you resided in the District for at least 2 years? YesNo Mr. Roland A Gaona 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? r Yes r No Mr. Roland A Gaona Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile Craig C Hebner 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 37 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Habitat for Humanity Prosect Manager Employer Job Title Work Address-Street Address and Suite Number Corpus Christi Work Address-City Craig C Hebner Page 1 of 7 Texas Work Address-State 3618666719 Work Phone Craig_Hebner@Overheaddoor.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CLEAN CITY ADVISORY COMMITTEE: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CIVIL SERVICE COMMISSION: Submitted CIVIL SERVICE BOARD: Submitted BUILDING STANDARDS BOARD: 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: None Education, Professional and/or Community Activity (Present) Trustee on Board of Directors for Wood River Home Owners Association Why are you interested in serving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. Craig Resume 5-1-16 2 .docx Upload a Resume Craig C Hebner Page 2 of 7 Demographics 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 Craig C Hebner Page 3 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 r No Craig C Hebner Page 4 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? rw 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 BUILDING STANDARDS BOARD 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 BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r Yes r- No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided in the City for at least 3 years? r Yes r^ No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? r Yes r= No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? r. Yes r No Craig C Hebner Page 5 of 7 Question applies to CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Not Connected with Oil and Gas Well Industry Question applies to WATER RESOURCES ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * W Residential Customer and Home Owner of City's Water System Craig C Hebner Page 6 of 7 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 Craig C Hebner Page 7 of 7 Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015— Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review projects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study job specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction projects • Prepare and submit budget estimates and progress /cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out 0 Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 —January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel,job site equipment, and materials needed • Prior to arrival on j ob site, prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel, material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids Lead Engineer 2009-2012 Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well-bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Tetra Mud School Combat Lifesavers Course Tetra Well Control School Combat Controller Fluid Engineer School Basic EMT Course Defensive Driving Range Safety Officer Plant Operations Course Heavy Equipment Operators Course PEC SafeGulf School of Infantry PEC SafeLand Marine Corps Leadership School Offshore Safety Certification Flight Deck Safety Course IADC Global Leadership Course Crane & Riggers Course Forklift Certification Offshore Safety Certification Rig Pass HSE Safety A.R.C. CPR and First Aid Certification CUDD Firefighting School CUDD Well Control School H2S Certification References Available Upon Request CITY OF CORPUS CHRISTI Submit Date: 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 BOARD,CIVIL SERVICE COMMISSION Have you resided in the City for at least 3 years? (.- Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? r Yes (-. No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? (.- 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: Jun 08, 2017 Application for a City Board, Commission, Committee or Corporation Profile Christopher J Rabe 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 0 years, 3 months If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texas A&M University-Kingsville Instructor Employer Job Title 700 University Blvd Work Address-Street Address and Suite Number Kingsville Work Address-City Christopher J Rabe Page 1 of 5 Texas Work Address-State 78363 Work Address-Zip Code 3615932860 Work Phone christopher.rabe@tamuk.edu Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not applicable Education, Professional and/or Community Activity (Present) Delta Chi Fraternity, Academic Advisor Tennis Club, Academic Advisor Why are you interested in serving on a City board, commission or committee? I am interested in serving on a City Board because I believe I would like to serve at the civic level in the city I reside in. In addition, my academic and professional background is in industrial engineering and I believe that I could benefit serving the city board. Resume_CJ R.pdf Upload a Resume Demographics Christopher J Rabe 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 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 Christopher J Rabe Page 3 of 5 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? 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? rYes 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) Christopher J Rabe Page 4 of 5 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? rYes (- No Christopher J Rabe Page 5 of 5 CHRISTOPHER JUSTIN RABE PERSONAL SKILLS Safety Auditing,Industrial Hygiene,Environmental Compliance,Invoicing,Chemicals,DOT Compliance,Quality Control/Assurance, JSA and Permit writing,Monitor Exposure Limits,Risk Management,Company Presentations,Government Regulation Compliance. EDUCATION Master of Science,Major:Industrial Engineering(Major GPA:3.6) Texas A&M University-Kingsville Graduated Date:December 11,2015 Bachelor of Science,Major:Industrial Management and Technology Engineering;Minor:Business Administration(Major GPA:3.4) Texas A&M University-Kingsville Graduated Date:December 14,2012 PROFESSIONAL EXPERIENCE Jacobs Engineering(Celanese plant),Bishop,Texas Oct,2014-Present Health&Safety Specialist Developed and Implementing Safety Employee Management Tracker(EMT)Training,Employee profile,and Accident Investigations Database for all of Brock/Jacobs Celanese sites Bishop,TX PSM experience and developing and updating SOP's Safety oversight on Ibuprofen(cGMP)warehouse practices packaging and transportation(DOT) Safety oversight on Formaldehyde warehouse practices packaging and transportation(DOT) Safety oversight on manufacturing raw plastic pellets Special and Natural In charge of Safety Committee Audits and Review Inspection on Safe work permits Job audits done on a daily basis Conducted QC/QA Investigations on a number of maintenance projects Conducted tool box safety meetings in the field Follow Brock and Jacobs policies along with Celanese standards Supervise Welders,Boiler Makers,Pipe Fitters,Scaffold Builders and Insulators on a day to day Basis on Safety regulations. On site safety for turnarounds work being done in plant Conducted risk assessments to manager injury prevention Collects and analyzes HSE data specific to projects group. Delivers safety meetings weekly to professional services organization Provides general HSE guidance to project group relating to process safety,construction safety specific to each location Responsible for incident reporting and case management for each location Safety Evaluation Report for Daily safety audits Responsible for representing Jacobs Safety in"Planning,Health,Safety,Security,Environmental,Right"(PHSSER)meetings with client focusing on constructability and risk assessment Responsible for creating HAPs(Hazard Assessment Plans) Responsible for collection,review and corrective actions of all Safety Observations turned in from professional services organization Collects and documents industrial hygiene information:(monitoring data,targeted IH monitoring,vent plans Environmental Evolutions National,Robstown,Texas June 2014-Oct 2014 Environmental Health&Safety Engineering Specialist Operated ISNetworld Compliance,Veriforce,and PICS Auditing for New and existing customer score cards Operate and update OSHA 300 logs. DOT Auditing to insure Company compliance Conducted QC/QA on Frack tanks and DOT trucks Environmental Compliance and Auditing to meet TCEQ and EPA regulations Facilitated operational compliance with FEN standards,policies,along with OSHA,TCEQ,EPA,ANSI regulations Conducted tool box safety meetings in the field and yard Conducted Noise Conservation Exposure to meet OSHA and ANSI regulations Coordinated environmental waste management excavation for hazardous materials clean-up and facilitated Roll-off Box wash out along with disposal of waste. Conducted continuous air monitoring quality checks with four gas meter 112S,LEL,OZ,CO Acid Frack tank clean out of confined space on a daily basis. Industrial Hygiene monitoring using ULTRA RAY 3000 meter for(Benzene) Supervised and audited FEN crews. implemented the utilization of work permits and Job Safety Analysis(JSA) Systematized audits on work permits and job safety analysis for the FEN District Conducted risk assessments to manager injury prevention. Investigated Accidents involving personal injury and vehicle collision Developed and Executed Monthly Environmental,Health and Safety presentations to provide continuing education to FEN employees Schlumberger,Alice,Texas March 2013-May 2014 Health Safety&Environmental Specialist Facilitated operational compliance with Schlumberger standards,policies,and OSHA regulations Investigated Site and DOT accidents Conducted QC/QA Investigations on Iron and Chemicals DOT Auditing to insure Company compliance Conducted Noise Conservation Exposure to meet OSHA and ANSI regulations Coordinated environmental waste management excavation for hazardous materials clean-up Supervised and audited Schlumberger crews on multiple track and Cement locations Supervised District Bulk Plant,Shop,&Maintenance to ensure that safety procedures were followed and PPE was being utilized correctly implemented the utilization of work permits and job safety analysis(JSA) Systematized audits for work permits and job safety analysis for the Alice Schlumberger District Conducted risk,health,safety,and environmental presentations to provide continuing education to Schlumberger employees on a regular basis Generated investigation reports with various company representatives(BHP Billiton,Marathon,&Conoco Phillips)to mitigate future accidents Field Financial Administrator Maintained inventory for field operations,including:Fracturing chemicals,PPE,chemical shipping papers,operational parts,etc. Coordinated field logistical support ordering Equipment as needed Conducted QC/QA to make sure product was performing to operational standards Invoicing for each Fracturing stage that was done on site for customer;each fracturing stage was invoiced over$100,000 dollars 12 stages Audited field chemicals to ensure quotes were accurate for cost efficiency for the company Collaborated with Field Engineers,Field Supervisors,and various Company Representatives for field operation effectiveness and efficiency Conducted Quality Control/Quality Assurance for field operations inventory including Equipment and chemicals Texas A&M University-Kingsville,Texas Student .Master of Science,Major:Industrial Engineering Texas A&M University-Kingsville,Texas Student Bachelor of Science,Major.Industrial Management and Technology Industrial Field Safety Certification Oil Field Certification ORGANIZATION .Junior Achievement Organization of South Texas-2016 CERTIFICATIONS (OSHA)General Industry 30 hour Oil Field Service Certificate PEC Basic Safety Awareness Orientation Field Safety Certificate TWIC Card Adult First Aid/CPR/AED(American Red Cross)current H2S certified HONORS AND AWARDS Dean's List,Texas A&M University-Kingsville,Spring 2012 Society of Manufacturing Engineers,Vice President 2011-2012 COMPUTER&NETWORK SKILLS Computer Skills: Windows XP,Access Database,Microsoft Office Suite,CAD/CAM,SolidWorks Network Skills: ISNetworld Compliance,Veriforce Compliance,PICS Auditing CITY OF CORPUS CHRISTI Submit Date: Oct 24, 2017 Application for a City Board, Commission, Committee or Corporation Profile Gordon R Robinson 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 4 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Corpus Christi Regional Transportation Authority Director of Planning ,,,,oyer Job Title 602 N. Staples St. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Gordon R Robinson Page 1 of 7 TX Work Address-State 78401 Work Address-Zip Code 361-903-3483 Work Phone grobinson@ccrta.org Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? BOARD OF ADJUSTMENT: Submitted PLANNING COMMISSION: Submitted LANDMARK COMMISSION: Submitted CORPUS CHRISTI B CORPORATION: Submitted ISLAND STRATEGIC ACTION COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted MARINA ADVISORY COMMITTEE: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: 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 a City board, commission or committee. I do serve as a member of the Board of Directors with my homeowners association, Tropic Isles HOA, in Flour Bluff. Gordon R Robinson Page 2 of 7 Education, Professional and/or Community Activity (Present) I have a Bachelor of Science degree in Geography from the University of California at Davis. I am the Director of Planning at the Corpus Christi Regional Transportation Authority (CCRTA). In addition, I am a Project Management Professional (PMP). During periods of implementing service improvements or conducting major planning studies, I have connected with the community throughout the City of Corpus Christi. Additionally, I interface with the CCRTA Board of Directors each month through presentations at meetings to advance transit initiatives and report performance statistics. I enjoy living in Corpus Christi and serving the community as a CCRTA professional. I've talked with residents and visitors at transit stations, bus stops, on buses, while walking in downtown or in the neighborhoods. I've confidently presented in front of several stakeholder groups at senior centers, schools, neighborhood associations including North Beach, Flour Bluff, and the Northside area, City of Corpus Christi Committee for Persons with Disabilities, Young Business Professionals, Downtown Merchants Association, Corpus Christi MPO Technical Advisory Committee, CCRTA Board of Directors, CCRTA Committee on Accessible Transportation, R/UDAT Steering Committee, Caller Times, Naval Air Station, Corpus Christi Army Depot, and other groups. I am a member of the Corpus Christi Metropolitan Planning Organization (MPO) Technical Advisory Committee, CCRTA-City of Corpus Christi Monthly Coordination Meetings, and the Regional/Urban Design Assistance Team Program (R/UDAT) Steering Committee which was formed in the Fall of 2014. Why are you interested in serving on a City board, commission or committee? Corpus Christi is a diverse city with multiple business, education, recreation, and tourism opportunities. It is a growing region that needs to strategically advance more development and revitalization efforts. My interests while serving on a committee are to increase family and youth activities, improve economic development, provide focused revitalization opportunities to attract more residents and visitors to our community, and foster public and private partnerships to increase our overall livelihood. By serving on a City of Corpus Christi Committee, I believe that I have the background and professional knowledge to make a positive impact for our community. Gordon_Robinson_Resume.pdf Upload a Resume Demographics Gender V Male Verification Gordon R Robinson Page 3 of 7 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 Gordon R Robinson Page 4 of 7 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. The CCRTA has an annual agreement with the City of Corpus Christi for street maintenance funds. Board-specific questions (if applicable) Gordon R Robinson Page 5 of 7 Question applies to CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to ISLAND STRATEGIC ACTION COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? I None of the above 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? W None of the above Question applies to MARINA ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Gordon R Robinson Page 6 of 7 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 Gordon R Robinson Page 7 of 7 Gordon Robinson, PMP SUMMARY: Experienced executive leader, technically skilled, certified project management professional (PMP), and effective communicator who is a hands-on, motivated, reliable, and experienced professional in the areas of strategic planning, transit service design and implementation including scheduling, blocking, rostering, customer service, bus and paratransit operations including bus stop management and detours, maintenance and fleet management, personnel management, capital improvements, budgeting and reporting, contract management and negotiation, ridership analysis and performance reporting using Genfare fare boxes and Automated Passenger Counters, trip planning and next bus technology, vanpooling, bicycle sharing, community outreach, problem solving, civil and traffic engineering, environmental and land use planning, and Title VI of the Civil Rights Act of 1964. EDUCATION: Bachelor of Science, Physical Geography; University of California at Davis. PROFESSIONAL EXPERIENCE: 11/2013-Present: Director of Planning, Corpus Christi Regional Transportation Authority (CCRTA), Service Development Department, Corpus Christi, Texas. ■ Direct the Authority's Service Development Department activities which includes the development of short and long range transportation plans in alignment with financial plans and approved budgets. ■ Effectively manage an annual budget of approximately $425,000 and department staff. ■ Lead short and long range planning studies including the development of service plans with cost estimates to implement three operator sign-ups per year. ■ Apply for state and federal grants in coordination with agencies including the Federal Transit Administration (FTA), Metropolitan Planning Organization (MPO), Texas Department of Transportation (TxDOT), and other subrecipients. ■ Lead the analyzing, monitoring, and reporting of ridership results and performance metrics using Genfare fare box data, surveys, and trip card summaries. ■ Support and problem solve customer focused transit technology products utilizing Clever Devices, Trapeze FX and Blockbuster, Google Transit, and TransLoc. ■ Develop scopes of work and independent cost estimates to initiate and implement projects, and manage multiple consultant contracts. ■ Lead federal reporting efforts under Title VI of the Civil Rights Act of 1964 and National Transit Database (NTD) including required passenger sampling. ■ Support the completion of FTA Triennial and Federal Certification Reviews. ■ Conduct customer outreach to inform public and other stakeholders of service improvements and changes. ■ Prepare and present reports to the Board of Directors, bus operators, public, and other local and regional stakeholders. 11/2011-10/2013: Director of Planning, Riverside Transit Agency (RTA), Planning Department, Riverside, California. ■ Developed the Planning Department's annual budget of $1,200,000, managed projects, consultant contracts, service agreements, and implemented quarterly service changes. ■ Directed and managed the Agency's planning and programming functions to support short and long range transportation plans. Led NTD reporting and passenger sampling efforts. ■ Served as Project Manager for the 10-year RTA Forward Transit Plan to develop service improvements. ■ Regularly analyzed, monitored, and reported ridership results and performance metrics using Genfare fare box data, automated passenger counters, and TransitMaster CAD/AVL. ■ Served as Project Manager for a scheduling services three year contract totaling approximately $536,000. ■ Developed and submitted state and federal grant applications. ■ Prepared and presented reports to the Board of Directors, bus operators, public, and other local and regional stakeholders. ...continued... Gordon Robinson • Page 2 07/2010-10/2011: Transit Planning Manager, Orange County Transportation Authority (OCTA), Strategic Planning Department, Planning Division. Orange, California. ■ Managed new transit planning section under the Planning Division responsible for completing a $500,000 comprehensive systemwide fixed route and paratransit bus system restructuring study, branded the "Transit System Study", with extensive public outreach with approximately 50 stakeholders including all 34 cities in Orange County, the public, transit advocates, major employers, major colleges and universities, and the Board of Directors. ■ Effectively led a team to develop work plans for prioritized annual and short range transit plans, completed transit initiatives including OCTA's Go Local Program and other planning studies, and submitted a planning grant application for a regional park and ride study in partnership with Caltrans. ■ Developed a 20-year bus capital plan, conducting transit planning study to improve service delivery at the Brea Mall transit center, completing project study report equivalents at the Laguna Hills Transportation Center and the Anaheim Regional Transportation Intermodal Center to improve and define service design. ■ Regularly analyzed, monitored, and reported ridership results and performance metrics using Genfare fare box data, automated passenger counters, and Orbital CAD/AVL. ■ Prepared and presented regular progress updates and reports to executive management, the Board of Directors, and several other stakeholder groups. 12/2007-06/2010: Bus Rapid Transit Project Manager, Orange County Transportation Authority (OCTA), Service Planning and Customer Advocacy Department, Transit Division. Orange, California. ■ Project manager and contract manager to oversee 15 firms under the Program Management Consultant multi-year contract to support the Five-Year Rapid Transit Program involving the Bus Rapid Transit (BRT) program, Go Local and Measure M community circulator programs, and the planning and design for the Anaheim Regional Transportation Intermodal Center. ■ Project manager in charge of OCTA's federally and state funded $55 million Bravo! BRT program responsible for completing the design, construction, and implementation phases of three planned arterial based mixed-flow BRT corridors in Orange County. ■ Led and coordinated multiple consultant team contracts for the civil and architectural design of approximately 110 BRT station stops including the preliminary design of a real-time passenger information system, traffic signal synchronization design and implementation, and preliminary concept design of transit signal priority elements for 252 intersections within the BRT corridors. ■ Participated in contract negotiations with Procurement Department and legal counsel to resolve consultant performance and invoicing issues. ■ Researched fare collection methods and travel time delays to reduce anticipated dwell times. ■ Led grant application efforts to obtain funding to implement traffic signal synchronization. ■ Conducted and coordinated stakeholder outreach efforts throughout the design of the BRT program. ■ Prepared and presented regular progress updates and reports to executive management, the Board of Directors, and other stakeholder groups. 03/2002-11/2007: Senior Transportation Analyst, Orange County Transportation Authority (OCTA), Service Planning and Customer Advocacy and Strategic Planning Departments in the Transit and Planning Divisions. Orange, California. ■ Managed and coordinated the planning and implementation of new bus services and other bus service improvements and recommendations for each service change using field work and data analysis tactics. ■ Developed specific work plans for small contracts, analyze data to support transit planning studies, assess ridership projections, and support routing and stop improvements. ■ Conducted analysis using GIRO's HASTUS scheduling databases, GFI fare box data, and Geographic Information Systems (GIS) methods and applications to assess travel speeds and service levels throughout city and unincorporated areas within the service area. ■ Prepared and presented reports to Board of Directors and coordinated with stakeholder groups to implement improvements. ...continued... Gordon Robinson • Page 3 07/2000-03/2002: Systems Manager, FORMA. Irvine, California. ■ Under the Planning Division, managed GIS staff assigning tasks, monitoring budgets, schedules, and project deadlines while performing external and internal marketing responsibilities including proposal writing, proposal interviews, demonstrations, conference presentations, developing business relationships, and completing marketing brochures and posters. ■ Served as project manager for the $170,000 Rivers and Mountains Conservancy Open Space Plan which included the data collection and GIS system development of over 650 data sets containing aerial imagery, historical, infrastructural, biological, demographical, transportation, and other planning related data. Coordinated and authored responses to request for proposals for GIS projects and built product demonstrations and brochures for presentations, meetings, and clients using ESRI software products. ■ Provided private and public sector clients with GIS analysis results, reports, maps, and modeled visualizations, AutoCAD drawing modifications, and Microsoft Access software to support projects and related tasks. 11/1994-06/2000: Senior GIS Analyst, RBF Consulting, Information Systems Services Department. Irvine, California. ■ In support of planning and engineering projects, supervised a team of employees assigning tasks, monitoring budgets, and schedules to meet project milestones for private and public sector clients. Served as deputy project manager for the completion of the Natural Communities Conservation Plan (Orange County Central-Coastal NCCP/HCP) planning effort in collaboration with the Irvine Company and other organizations to preserve open space, multiple species, and habitat areas in Orange County. ■ Served as lead analyst to develop a transportation travel time model in order to determine the best location of a new fire station to serve a planned new development in south Orange County. ■ Provided on-site GIS support for the OCTA to build and edit spatial and tabular routing data for transit and master plan of arterial highway applications. Served as data conversion manager for the City of Santa Barbara Automated Mapping Services project responsible for the data collection and conversion of over 330 water and wastewater atlas sheets containing over 18,000 facilities. ■ Performed GIS analysis and mapping using ESRI software products, Microstation SE and Descartes, Microsoft Access, and MapObjects software to support projects. HONORS, AWARDS, and ACCOMPLISHMENTS: ■ 2017-18 Leadership Corpus Christi Class 46 Participant ■ 2016-17 Texas Transit Leadership Initiative Graduate ■ Presenter at the 2017, 2016 and 2015 APTA Multimodal Operations Planning Workshops ■ Presenter at the 2016 APTA Bus and Paratransit Conference in Reno, NV ■ 2015 American Public Transportation Association (APTA) Peer Review, Pierce Transit, Lakewood, WA ■ Member of the APTA Policy and Planning Committee, APTA Major Capital Investment Planning Subcommittee, and the APTA EJ/Title VI Subcommittee ■ Certified Project Management Professional (PMP), License 1436980, and member of the Project Management Institute ■ Member of the Corpus Christi MPO Technical Advisory Committee ■ Member of the Board of Directors for the Tropic Isles Home Owners Association in Corpus Christi, TX ■ Competent Communicator Award with Toastmasters International ■ Member of the 2011-2012 OCTA Leadership Academy ■ Graduate of the 2010 University of the Pacific Transit and Paratransit Management Certification Program CITY OF CORPUS CHRISTI Submit Date: Jul 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile Diana Summers 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 HOGAN HOMES CHIEF FINANCIAL OFFICER Employer Job Title 400 MANN ST. Work Address-Street Address and Suite Number CORPUS CHRISTI Work Address-City Diana Summers Page 1 of 5 78401 Work Address-Zip Code 512-994-8786 Work Phone Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: 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) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICE WATERHOUSE COOPERS, LLC, DALLAS: AUDIT ASSOCIATE 2010-2011 ; DELOITTE AND TOUCHE, LLC, AUSTIN: AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, ASSISTANT TO THE PRESIDENT 2013-PRESENT MEMBER OF CORPUS CHRISTI ROTARY CLUB Why are you interested in serving on a City board, commission or committee? BROWN.pdf Upload a Resume Diana Summers Page 2 of 5 Demographics 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. 9 1 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 Diana Summers 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. Diana Summers Page 4 of 5 Board-specific questions (if applicable) 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 Diana Summers Page 5 of 5 Diana Brown Acknowledged for strong analytical and problem solving skills,as well as development of team and client relationships.Recognized for achieving an understanding of numerous different business operations and processes,identifying and quickly elevating potential engagement issues,task prioritizing,and multi-tasking abilities.Enjoys challenging engagements and new opportunities to fiuther develop professional skills.Thrives in a team environment yet also works well independently.Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers,LLC,Dallas Associate,2010-2011 Audited a diverse portfolio of clients including manufacturing,health care,financial,chemical,and holding companies. Part of review team for the issuance of an initial client stock offering Performed 404 SOX Controls testing. Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche,LLC,Austin Senior Associate,2011—2013 Managed and executed the audits of two companies in the manufacturing and construction fields. Participated on two company segment carve out audits. Performed 404 SOX controls design and operating effectiveness testing. Member of new client acquisition team EDUCATION University of South Carolina Bachelor of Science in Business Administration,2009 Double Majored.Finance and Accounting Directed Studies:French College of Charleston Masters of I ccounting 2010 Study Abrond:University of South Carolina,Maymester Session,Kenya,Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya.Examined the local operations oC The Coca Cola Company,Dockers,a subsidiary of Levi Strauss and Co.,Kazuri Beads,Ltd.and KickStart,a non-profit dedicated to developing technologies for small-scale enterprises.Studied the importance of eco-tourism to the national economy. National Outdoor Leadership School,Broome,Australia Studied leadership skills and development,while facing extreme conditions of the Australian Outback.Also focused on technical outdoor skills and environmental ethics. OTHEWLE AUERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award(2008) Recipient ut il,e Student Government Executive Officer Meritorious Award(2009) Student Senator representing Darla Moore School of Business(2007-2009) Chairman For Senate Finance committee(2009) Sorority Comicil President(2008-2009) Omicron I lia 1:.ippa Honors Society President(2009) Mortar Bmrd 1-lonors Society Treasurer(2008) CITY OF CORPUS CHRISTI Submit Date: May 17, 2018 Application for a City Board, Commission, Committee or Corporation Profile Kamran Zarghouni 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 5 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone K&M PREMIER REAL ESTATE, LLC Broker/ Owner Job Title 7002 S.Staples Ste. 104 Work Address-Street Address and Suite Number Corpus christi Work Address-City Kamran Zarghouni Page 1 of 6 Tx Work Address-State 78413 Work Address-Zip Code 3619915263 Work Phone kamranzarghouni@gmail.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? PLANNING 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) Texas Real Estate Broker Certified Residential Specialist (CRS) Short Sales and Foreclosures Resource (SFR) Accredited Buyer Representative (ABR) Military Relocation Professional (MRP) Texas A&M — Corpus Christi University Bachelor Degree Texas A&M Commerce - Master of Business Administration (MBA) Degree Texas CC 40 Under 40 American Cancer Association The Ark Assessment Center & Emergency Shelter The American Heart Association and the Children's Diabetes Association Corpus Christi Police Department Corpus Christi Fire Department CCPD Operation Safe Return Coastal Bend Wellness Foundation The Hope House of Corpus Christi Children's Advocacy Center of the Coastal Bend Kamran Zarghouni Page 2 of 6 Why are you interested in serving on a City board, commission or committee? With over 10 years of experience in real estate and as a local business owner, I recognize the many details involved within new development and the work required to act and sustain in the best interest of our community to progressively move forward. I am always looking for new and innovative ways to continue to build and cultivate Corpus Christi to its fullest potential by designing new subdivisions and business venues to bring more commerce and families to the city. As a dedicated leader, community activist, and a family man, I am enthusiastic to see the future of this city grow by leaps and bounds. Serving on a City board, commission or committee allows me the opportunity to serve my community proudly in areas that I can offer insight and knowledge for the further development of Corpus Christi. I am willing and ready to offer my dedication, passion, and hard work that it requires to serve on the city planning commission. Again, I graciously ask for your nomination and thank you for this opportunity to be involved and, more importantly, serve the City of Corpus Christi. Kamran Zar-hq ouni_Bio.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. W I Agree Kamran Zarghouni Page 3 of 6 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, 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 Kamran Zarghouni Page 4 of 6 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 (:- 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. No to all the above. Board-specific questions (if applicable) Kamran Zarghouni 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 Kamran Zarghouni Page 6 of 6 Kamran Zarghouni, President and Founder of K&M Premier Real Estate, Inc., has more than 15 years of progressively responsible experience directing as many as 30 employees for K&M Premier Real Estate and successfully selling over 500 homes. Kamran holds a Bachelor of degree from Texas A&M —Corpus Christi University and a Master of Business Administration (MBA) degree Texas A&M Commerce. When Kamran arrived in the United States 14 years ago he became immediately determined to make an impact in his career choice and his community. Instilled with the notion that anyone can succeed regardless of life's circumstances, Kamran has led K&M Premier Real Estate through start-up, survival, turnaround and growth modes. In an industry such as real estate where the changes in the market are ever evolving, Kamran is diligent and committed to his profession. As a passionate motivator with extensive industry knowledge, Kamran has championed his agents to strive to be the best in the real estate market. Not only are his interest in the success of his business but he also has a strong rooted interest in his community. Kamran and K&M Premier Real Estate participate in various community activities by donation and volunteering for programs such as American Cancer Association,The Ark, The American Heart Association and the Children's Diabetes Association, CCPD Operation Safe Return, Coastal Bend Wellness Foundation, the Hope House of Corpus Christi and other local organizations and fundraisers. Recently, he was honored and accepted into the Corpus Christi Young Business Association's 2018 40 Under 40 Class. Kamran's main passion has been to help children in need and it is because of this motivation that has made it his mission to continue building homes and business plazas in Corpus Christi, Texas, and the surrounding areas to ensure the growth of his community for a prosperous future for the next generation. He actively looks for new and innovative ways to continue to build and cultivate Corpus Christi to its fullest potential by designing new subdivisions and business venues to bring more commerce and families to the city. A dedicated leader, community activist, and a family man, Kamran is enthusiastic to see the future of this city grow by leaps and bounds. City Of Corpus Christi AIRPORT ZONING COMMISSION BOARD DETAILS SIZE 9 Seats The Airport Zoning Commission shall TERM LENGTH 3 Years preserve, protect, and maintain the importance of the operations of the OVERVIEW TERM LIMIT 6 Years Corpus Christi International Airport and of the military flight training mission of Naval Air Station Corpus Christi. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION The Airport Zoning Commission (Commission)shall be composed of the same F-Elk nine registered voters who are members of the City's duly appointed Planning Commission.The members shall serve staggered terms of three years coterminous with the term each member serves on the Planning Commission.Any vacancy in an unexpired term on the Commission shall be filled for the remainder DETAILS of the term,by appointment of the City Council, by the same Planning Commission member appointed to fill the vacancy on the Planning Commission. The Commission members shall elect a Chairperson and a Vice-Chairperson from among its membership at the first regular meeting,who shall serve until August; the members shall then elect a new Chairperson and Vice-Chairperson annually at the first meeting held each August.In addition to the Chairperson and Vice- Chairperson,the Commission may provide for the selection of such other Officers from among its membership as it deems proper.The Director of the Corpus Christi International Airport and the Director of the Environmental and Strategic Initiatives Department of the City of Corpus Christi,or their designees,shall be entitled to attend all meetings and sessions of the Commission, but shall have no vote in matters acted upon by the Commission. A naval representative of Naval Air Station Corpus Christi shall be entitled to attend all meetings and sessions of the Commission,but shall have no vote in matters acted upon by the Commission. ............................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Section 241.002 of the Texas Local Government Code;Ordinance 031307, 12/12/17. .. . . . . . . . . . . . . . . . ................................................................................................................................................................................................................................................................ MEETS Date and time of meetings to be determined.The Commission shall meet not less than once each month, however,the Chairperson (or Vice-Chairperson in the absence of the Chairperson) may cancel any monthly meeting for which no business of the Commission needs to be conducted. ............................................................................................................................................................................................................................................................................................................................... TERM DETAILS Staggered terms of three years coterminous with the term each member serves on the Planning Commission. ............................................................................................................................................................................................................................................................................................................................... DEPARTMENT Development Services . . . . . . . . . . . . . . ....................................................................................................................................................................................................................................................................... AIRPORT ZONING COMMISSION Page 1 of 2 OTHER INFORMATION AIRPORT ZONING COMMISSION Page 2 of 2 Airport Zoning Commission July 17, 2018 Three(3)vacancies with terms to 7/31/21.(The Airport Zoning Commission is comprised of the same nine members as the Planning Commission.) M Matthew Ezell PLANNING COMMISSION Seeking Reappointment District 2 Partial 07/31/18 Member 100%2/2 Sheldon Schroeder PLANNING COMMISSION Seeking Reappointment District 4 Partial 07/31/18 Member 100%2/2 Mike Lippincott PLANNING COMMISSION Met Six-Year Term Limit District 4 2 07/31/18 Vice-Chair Jeremy Baugh PLANNING COMMISSION Active District 1 1 07/31/19 Member Carl E Crull PLANNING COMMISSION Active District 5 2 07/31/20 Member Daniel M Dibble PLANNING COMMISSION Active District 5 1 07/31/19 Member Heidi Hovda PLANNING COMMISSION Active District 2 2 07/31/20 Member Marsha Williams PLANNING COMMISSION Active District 3 2 07/31/20 Member Eric Villarreal PLANNING COMMISSION Active District 2 2 07/31/19 Chair Ben Polack PLANNING COMMISSION Active 1 N/A Ex-Officio/Non-Voting se GO O Va. v AGENDA MEMORANDUM NORROPp�EO Future item for the City Council meeting of June 26, 2018 1852 Action Item for the City Council meeting of July 10, 2018 DATE: June 14, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema�cctexas.com 886-2603 Approval to submit a grant application to the Automobile Burglary and Theft Prevention Authority to continue the motor vehicle theft enforcement grant in the Police Department CAPTION: Resolution authorizing submission of grant application for $410,973 to Automobile Burglary Theft Prevention Authority to continue motor vehicle theft enforcement grant with City cash match of$673,711, in-kind match of$61,105, and program income match of$1,831 for a total project cost of $1,147,620. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: The City of Corpus Christi is applying for Year 18 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of$2 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant which includes crime prevention programs focusing on reducing auto thefts. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and two civilians. The civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In-kind contributions include copy machine and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for four sworn officers who are funded and currently work in the auto theft and auto burglary bureau. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 20 plus years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $34,248 $376,725 $410,973 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of grant application for $410,973 to Automobile Burglary Theft Prevention Authority to continue motor vehicle theft enforcement grant with City cash match of $673,711, in- kind match of $61,105, and program income match of $1,831 for a total project cost of $1,147,620 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to submit a grant application in the amount of $410,973 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 18 with a City cash match of $673,711, in-kind services of $61,105, and a program income match of $1,831 , for a total project cost of $1 ,147,620; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention Authority. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith mus c.� GO O� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 26, 2018 NORPO P PE 1852 Action Item for the City Council Meeting of July 17, 2018 DATE: June 26, 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 B2Ca-).cctexas.com (361) 826-3169 Purchase of Nine Crispin Butterfly Valves for Utilities Department— Sole Source CAPTION: Resolution authorizing the purchase of nine Crispin valves from Municipal Valve and Equipment Company from Addison, Texas for a total amount not to exceed $145,854.00. PURPOSE: The item is to approve the purchase of nine Crispin butterfly valves for the Utilities Department. BACKGROUND AND FINDINGS: The Utilities Department, specifically the O.N. Stevens Water Treatment Plant, utilizes the 42" flanged class 150B AWWA C504 butterfly valve to seal the drains on each filter located on the south filter train. These butterfly valves have seats that are fully accessible and can either be adjusted to stop leakage or replaced without removing the entire valve and purchasing a new replacement. The butterfly valve design meets all American Water Works Association (AWWA) standards. This is sole source purchase. Municipal Value and Equipment Company has a patent on this product and is the only manufacturing company authorize to build the Series 47 Design and exclusively owns the original engineering property. 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: Utilities Department -Water FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $445,205.06 $0.00 $445,205.06 Encumbered / Expended Amount $149,351.06 $0.00 $149,351.06 This item $145,854.00 $0.00 $145,854.00 BALANCE $150,854.00 $0.00 $150,854.00 Fund(s): Utilities Fund- Water 2015 CIP Comments: The cost is for a total amount not to exceed $145,854.00 and funded in FY2017-18 from Fund 4096 and project E13051 . RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing the purchase of nine Crispin valves from Municipal Valve and Equipment Company from Addison, Texas for a total amount not to exceed $145,854.00 WHEREAS, the Crispin butterfly valves will be used by the Utilities Department; WHEREAS, these items will seal the drains on each filter located on the south filter train at the Water Treatment Plants; 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) (2), as this purchase is necessary to preserve that public health and safety of the City's residents. 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 Municipal Valve and Equipment Company, of Addison, Texas, for the purchase of nine Crispin butterfly valves, as a sole source purchase necessary to protect the public health and safety of the City's residents, for a total amount not-to-exceed $145,854.00. 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 Crispin Butterfly Valves Buyer: Cynthia Perez Municipal Valve&Equipment Company JITEMI DESCRIPTION COST I QUANTITY JEXTENDED TOTAL 1 Crispin Valve-42"-C504 Butterfly Valve $16,206.001 9 1 $145,854.00 TOTAL $145,854.00 ,as Cgp a v AGENDA MEMORANDUM Future Item for the City Council Meeting of June 26, 2018 NCOFPO0.PE0 1852 Action Item for the City Council Meeting of July 17, 2018 DATE: June 20, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jay Ellington, Director of Parks and Recreation jayell@cctexas.com (361) 826-3042 Construction Contract Community Park Development and Improvements - Bill Witt Park Bond 2012, Proposition 4 CAPTION: Motion authorizing a construction contract with ABBA Construction LLC of Laredo, Texas in the amount of $282,999.75 for Base Bid A and a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of $572,533.22 for Base Bid B for Community Park Development and Improvements - Bill Witt Park project. (Bond 2012, Proposition 4). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for Community Park Development and Improvements - Bill Witt Park project. BACKGROUND AND FINDINGS: This project is part of Bond 2012 Proposition 4 — City-Wide Community Parks development and improvements which includes West Guth, Bill Witt/Oso Creek, Hector P Garcia/Salinas, Billish and Parker Parks as well as downtown squares La Retama and Artesian Parks. Bond 2012 brochure description: "This project will primarily focus on irrigation upgrades and extensions at West Guth, Bill Witt/Oso Creek, Hector P. Garcia/Salinas, Billish, and Parker Parks as well as downtown squares La Retama and Artesian Parks. Additionally, improvements may include dog parks, skate parks and splash pads, shade structures, landscaping, trails, parking improvements and other items." Project Scope: Bill Witt Park is a Special Use Park that is utilized by several different sports leagues that pay for use of the fields. It is listed in the Parks Master Plan as a Regional Park and is recommended for major investments. Upgrades planned for Bill Witt Park will increase desirability of sports fields for use in larger tournament events. Improved amenities will make the park more desirable for community events and regular use by citizens, particularly for residents moving into new subdivisions being constructed near the park. This project will focus on irrigation upgrades, installation of a dog park, and other items designated for community parks in compliance with the City of Corpus Christi Parks, Recreation, and Open Space Master Plan. Base Bid "A" consists of upgrading and extending existing irrigation systems and installing new irrigation systems within the park. Base Bid "B" consists of a new dog park, demolition of 3 abandoned buildings and related structures, landscaping, and miscellaneous sports league upgrades. Base Bid "B" includes 3 Additive Alternates to the bid, consisting of a hike&bike trail, a covered pavilion, and perimeter fencing around the soccer and football field areas. Bidders had the option of submitting a bid for Base Bid "A" only, Base Bid "B" only, or both Base Bids. On June 13, 2018, the City received proposals from four (4) bidders and the bids are as follows: Contractor Base Bid A Base Bid B Base Bid B Base Bid B Base Bid B Add Alt 1 Add Alt 2 Add Alt 3 ABBA Construction, LLC 282,999 75 No Bid No Bid No Bid No Bid Laredo, Texas Mako Contracting No Bid 572,533.22 177,732.60 137,022.00 40,992.76 Corpus Christi, Texas Mo-Con Services Inc. No Bid 596,438.76 148,133.20 129,165.25 60,938.05 Corpus Christi, Texas Gourley Contractors 356,162.29 691,931.62 255,433.90 348,941.89 44,309.74 Corpus Christi, Texas Engineer's Opinion of $219,219.75 $511,350 $145,150 $116,050 $61,280 Probable Construction Cost ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Future work to complete this project will include resurfacing one existing parking lot and construction of a new parking lot to accommodate increased traffic at fields and dog park. This work will be constructed through a separate contract to economize on costs. This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements. Martinez, Guy & Maybik, Inc., was selected for this project as a result of RFQ No. 2012-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2017-2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2017-2018 Expenditures Budget 183,230.00 1,061,362.00 1,244,592.00 Encumbered / 183,230.00 183,230.00 Expended Amount This item — BB A 282,999.75 282,999.75 This item — BB B 572,533.22 572,533.22 Future Anticipated Expenditures This 205,829.03 205,829.03 Project BALANCE 01 01 1 0 Fund(s): Parks and Recreation Bond 2012 and Community Development Improvements Comments: This agenda item will result in two Construction Contracts with combined expenditures of an amount not to exceed $855,532.97 and project is estimated to be complete in seven months from issuance of Notice to Proceed. RECOMMENDATION: City staff and Martinez, Guy & Maybik recommend a construction contract be awarded to Abba Construction in the amount of $282,999.75 for Base Bid A and a construction contract be awarded to Mako Contracting in the amount of$572,533.22 for Base Bid B for Community Park Development and Improvements - Bill Witt Park project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation PROJECT BUDGET ESTIMATE Community Park Development and Improvements-Bill Witt Park Bond 2012, Proposition 4 PROJECT FUNDS AVAILABLE: Park Bond 2012, Proposition 4............................................................................. 1,065,237 Community Development Funds.............................................................................. 179,355 TOTAL FUNDS AVAILABLE 1,244,592 FUNDS REQUIRED: Construction and Contingency Fees:........................................................................... 941,086 Construction (ABBA Construction)THIS ITEM Base Bid A 283,000 Construction (Mako Contracting)THIS ITEM Base Bid B 572,533 Contingency(10%)........................................................................... 85,553 Construction Inspection and Testing Fees:................................................................... 53,877 Construction Inspection TBD.............................................................. 44,082 Construction Materials Testing(Professional Service Industries, Inc.) ......... 9,795 Design and Geotechnical Fees:................................................................................. 185,655 Design Engineering(Martinez, Guy&Maybik)....................................... 181,780 Geotechnical Testing(Tolunay Wong) 3,875 Reimbursements:.................................................................................................. 63,974 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)........... 25,189 Engineering Services(Project Mgt)...................................................... 37,785 Misc. (Printing,Advertising, etc.)......................................................... 1,000 TOTAL 1,244,592 ESTIMATED PROJECT BUDGET BALANCE 0 NUECES BAY 181 oy c oRRrpoR I N v SCALE: N.T.S. SHIP CHAN CORPUS CHRISTI LEOPARD O a z CORPUS CHRISTI BAY 286 0 ORGP 358 PROJECT LOCATION 0 UQO��A Spry ti TEXAS A&M UNIVERSITY Off~ y0<<Y CORPUS CHRISTI O� � 358 ZZ Q� �S�Rgrpcg3�0 'rte rc�Rp�F O CABANISS Gj Z OSO BAY CORPUS CHRISTI FIELD t� Q NAVAL AIR STATION Qv ° �v FLOUR BLUFF 358 286 s O z J a wN LAGUNA MADRE LOCATION MAP NOT TO SCALE Project Number: E14002 CITY COUNCIL EXHIBIT Bill Witt Park CITY OF CORPUS CHRISTI,TEXAS WQ DEPARTMENT OF ENGINEERING SERVICES wri Corpus Chr sti Engineering Community Park Development and Improvements - Bill Witt Park (Rebid) Bond 2012, Proposition 4 Council Presentation June 26, 2018 Project Location �rsn Corpus*Ch,sti Engineering N SCALE:N.T.S. R PROJECT LOCATION ®h Project Vicinity Corpus*Ch,sti Engineering COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS N f BILL WITT PARK SCALE:N.T.S. �� Yplkt BOND 2012 A. owe a .■�F pro c Safe Steel Dr Project Scope ICON J P Corpus Chrsti E-v)� Engineering Background: • Special Use Park utilized by several sports leagues • Sports leagues generate a revenue stream unlike most other parks • Upgrades increase desirability of sports fields for larger tournament events Construction Scope: Base Bid A • Irrigation upgrades in soccer, football, baseball, & kickball fields Base Bid B • Dog park with pergola and water fountain • Drainage improvements • Landscaping improvements • Demolition of existing buildings Additive Alternates • Hike & bike trail (Add Alt#1) • Covered pavilion (Add Alt#2) • Split rail fencing(Add Alt#3) Project Schedule A Corpus Chr'sti Engineering / / • M J J A S O N D J F Award / Bid Construction Projected Schedule reflects City Council award in June 2018 with anticipated construction completion in February 2019. June 18, 2018 MARTINEZ, GUY ME MAYBiK, INC. ENGINEERS&SURVEYORS Ricardo Martinez, P.E. 6000 S. Staples Suite 207 Corpus413 Project Manager- MGM Inc. 361-81 Christi, Texas 788-6 2s�-a,a-3U70 -Fax 1-888-s53-S51a 6000 South Staples St, Suite 207 Corpus Christi, Texas 78413 GorpusOmsfr -Nouslon Eagle PasslDelRio Area Sarah West, P.E. City of Corpus Christi- Project Manager 1201 Leopard Street Corpus Christi, Texas 78469 RE: Community Park Development & Improvement Bill Witt Park — Re-Bid (Bond 2012), Project No. E14002 Letter of Recommendation of Award of Contract Dear Sarah West P.E., Bids for the subject project were publicly opened on June 13, 2018. A total of five (5) bids were received for the project, two for Base Bid A & three for Base Bid B. The two apparent bidders for Base Bid A of the subject project are ABBA Construction LLC, with a total base bid of $282,999.75, and Gourley Contractors LLC with a total base bid of $356,162.29. The three apparent bidders for Base Bid B of the subject project are Mo-Con Services Inc. with a total base bid of $596,438.76, Gourley Contractors LLC with a total base bid of $691,931.62, and Mako Contracting LLC with a total base bid of $572,533.22. Three Additives/Alternates were included in the bid for the subject project, however due to budgetary concerns the three additives/alternates will not be considered as part of the recommendation for this project. Our office has reviewed all bidders' Statement of Experience (SOE) submitted subsequent to the bid date (see attachments). ABBA Construction LLC has key personnel listed for the project (Project Manager, Superintendents, etc.) that appear to satisfy all the minimum experience requirements listed in the contract documents. After phone interviews with the bidders provided references, ABBA Construction LLC received satisfactory reviews from its performance on similarly sized projects and projects of the similar scope of work as the subject project. After review of the provided statement of experience from Mako Contracting LLC it appears that Mako Contracting LLC has experience working/completing projects with the City of Corpus Christi on several projects. The listed projects completed in the statement of experience for Mako Contracting LLC are of the same size or larger scale, and displays that Mako Contracting LLC has experience in completing projects of similar scope of work as the subject project. Mako Contracting LLC also has key personnel listed for the project (Project Manager, Superintendent, Safety Manager, etc.) that appear to satisfy all the minium experience requirements listed in the contract documents. Therefore, MGM recommends award of Base Bid A for the subject project to ABBA Construction LLC in the total bid amount of $282,999.75, and Base Bid B for the subject project to Mako Contracting LLC in the total bid amount of $572,533.22 with no additives/alternates recommended for this project due to budgetary concerns. Sincerely, Ricardo Martinez, P.E. to ......................... RICARDO MARTINEZ ..................... .*+R ...58265 8 2 6 5 ' #� rs TIA se O AGENDA MEMORANDUM NCORPORPSE 1852 Public Hearing and First Reading for the City Council Meeting of June 26, 2018 Second Reading for the City Council Meeting of July 17, 2018 DATE: June 4, 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 9630 Compton Road CAPTION: Case No. 0518-01 Suncrest Construction, Inc: Ordinance rezoning property at or near 9630 Compton Road from "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District. PURPOSE: The purpose of this item is to allow for the construction of a 3,700 square foot single-family residence. RECOMMENDATION: Planning Commission and Staff Recommendation (May 16Planning Commission and Staff Recommendation (May 16, 2018): Approval of the change of zoning from the "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District. Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS-22" Single-Family 22 District is consistent 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. 0518-01 Suncrest Construction, Inc.: Ordinance rezoning property at or near 9630 Compton Road from "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Suncrest Construction, 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 16, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District and on Tuesday, June 26, 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 Suncrest Construction, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 0.99 acres out of Lot 16, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Compton Road, east of Flour Bluff Drive, and west of Central Street (the "Property"), from "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District (Zoning Map No. 036032), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. 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\0518-01 Suncrest Construction, Inc\Council Documents\Ordinance_0518-01 Suncrest Construction, 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\ZONING CASES\2018\0518-01 Suncrest Construction, Inc\Council Documents\Ordinance_0518-01 Suncrest Construction, Inc.docx Page 3 of 3 IL CG-1 �° SUBJECT PROPERTY R E J� 2 OO O p kV RS-6 CG-1 Q- 6 3 0h sr 7 0 5 8 1 4 coMp�o RE hRp Date Created:413012018 0 400 800 Prepared By:JeremyM Feet Department of Development Services CASE: 0518-01 ZONING & NOTICE AREA "QS RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 / RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 / R° CN-2 Neighborhood Commercial RS-TF Two-Family 'Po° <•o CR-1 Resort Commercial \ RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse SUBJECTJ CG-2 General Commercial0 SP Special Permit PROPERTrY RV Recreational Vehicle Park a CI Intensive Commercial ;� CBD Downtown Commercial RMH Manufactured Home Cayo Del°so �v 0il14T CR-3 Resort Commercial FR Farm Rural Rice Q(� ,oG 0", H Historic Overlay N 041"O RO1 ry BP Business Park a Subject with 200'buffer O O favor S eeF-9'kOR Cl�f Corpus 4 Owners within 200'listed on v Owners LOCATION MAP Christiattached ownership table /�in opposition R PLANNING COMMISSION FINAL REPORT Case No. 0518-01 INFOR No. 18ZN1009 Planning Commission Hearing Date: May 16, 2018 = Owner: Suncrest Construction, Inc. a o Applicant: Kamal Ashour .L Location Address: 9630 Compton Road u Legal Description: Being 0.99 acres out of Lot 16, Section 48, Flour Bluff and Q°a o Encinal Farm and Garden Tracts, located on the north side of Compton Road, east of Flour Bluff Drive, and west of Central Street. *, From: "CG-1" General Commercial District & "RE" Residential Estate District a To: "RS-22" Single-Family 22 District -Es Area: 0.99 acres N ° Purpose of Request: To allow for the construction of a 3,700 square foot single-family residence. Existing Zoning District Existing Land Use Future Land Use "CG-1" General Site Commercial and Vacant Low Density Residential "RE" Residential Estate 0 �, "CG-1" General Public/Semi-Public Government and _ �, North Low Density •E �, Commercial and Vacant Residential o "CG-1" General a�= Vacant and Low Density = J South Commercial and "RE" Residential Estate Estate Residential Residential wLow Density East "RE" Residential Estate Estate Residential Residential West "CG-1" General Vacant Low Density Commercial Residential 06 Area Development Plan: The subject property is located within the boundaries Q c of the Flour Bluff Area Development Plan and is planned for low density M ° residential uses. The proposed rezoning to the "RS-22" Single-Family 22 a o District is consistent with the adopted Comprehensive Plan (Plan CC). a Map No.: 036032 Zoning Violations: None _ ° Transportation and Circulation: The subject property has approximately 179 feet of street frontage along Compton Road which is designated as a "Cl ° Minor Residential Collector Street. According to the Urban Transportation Plan, a N "Cl" Minor Residential Collector Streets can convey a capacity between 1,000 _ to 3,000 Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type ' "Cl" Minor Compton Residential 60' ROW 60' ROW N/A Road Collector Street 40' paved 25' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District to allow for the construction of a 3,700 square foot single-family residence. Development Plan: The subject property is 0.99 acres in size. The owner is proposing a 3,700 square foot single-family residence with a 4 car garage. Existing Land Uses & Zoning: The subject property is currently zoned "CG-1" General Commercial District and "RE" Residential Estate District and consists of vacant land. The subject property was zoned "CG-1" General Commercial District in 1983 and "RE" Residential Estate District in 1982. The subject property was annexed in 1961 and has remained unplatted since the time of annexation. To the north and west is Real Life Church and is zoned "CG-1" General Commercial District. To the south across Compton Road is Lord of Life Lutheran Church zoned "CG-1" General Commercial District and large tract single-family residences (Oak Terrace Unit 1 Subdivision) zoned "RE" Residential Estate District. To the east is also bordered by large tract single-family residences (Oak Terrace Unit 1 Subdivision) zoned "RE" Residential Estate 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 Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "RS-22" Single-Family 22 District is consistent with the adopted Comprehensive Plan (Plan CC) and 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 residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). Staff Report Page 3 • 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 lot and has split zoning consisting of the "CG-1" General Commercial District and "RE" Residential Estate District. The property is unplatted and has not been developed since annexation in 1961. • Due to the adjacency to properties zoned "CG-1" General Commercial, a Type C buffer yard will be required along the northern and western property lines. Type C buffer yards consist of 15 feet in width and a 15 point requirement as per the Unified Development Code (UDC). • If the "RS-22" Single-Family 22 District is approved, the proposed development will still need to abide by all requirements of the Unified Development Code (UDC). Planning Commission and Staff Recommendation (May 16, 2018): Approval of the change of zoning from the "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District. Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 Number of Notices Mailed — 8 within 200-foot notification area 5 outside notification area 0 As of May 11, 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. Preliminary Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0518-01 Suncrest Construction,Inc\Council Documents\CC Report_0518-01 Suncrest Construction,Inc.docx IL CG-1 �° SUBJECT PROPERTY R E J� 2 OO O p kV RS-6 CG-1 Q- 6 3 0h sr 7 0 5 8 1 4 coMp�o RE hRp Date Created:413012018 0 400 800 Prepared By:JeremyM Feet Department of Development Services CASE: 0518-01 ZONING & NOTICE AREA "QS RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 / RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 / R° CN-2 Neighborhood Commercial RS-TF Two-Family 'Po° <•o CR-1 Resort Commercial \ RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse SUBJECTJ CG-2 General Commercial0 SP Special Permit PROPERTrY RV Recreational Vehicle Park a CI Intensive Commercial ;� CBD Downtown Commercial RMH Manufactured Home Cayo Del°so �v 0il14T CR-3 Resort Commercial FR Farm Rural Rice Q(� ,oG 0", H Historic Overlay N 041"O RO1 ry BP Business Park a Subject with 200'buffer O O favor S eeF-9'kOR Cl�f Corpus 4 Owners within 200'listed on v Owners LOCATION MAP Christiattached ownership table /�in opposition R o o y � - �: p z w Lus r/ Ue GELMrs JOIST PLAN N� c o � LEGALS n 99Q.Ff 96.0_o�PTa�Raao �� --------------- 6ITE PLAN 1-1—F T L< 444E001-D =A4 4 5 Il I • I 1 Zoning Case #0518-01 Suncrest Construction, Inc. Rezoning for a Property at 9630 Compton Road City Council Presentation June 26, 2018 Aerial Overview � ��,�q ax..���" -•�j�ea a .a4 _, r 'n. � � ,! 4y� ��" e , ,.b of rw oho o� �o�a Subject Property at 9630 Compton Road P �3t Yr , �•'- 47 g oa ` It���7 zA. I 4 G'L;CL7.Jl1 y >7`7\ Vicinity Map v �A, _ > i �oMPTo, ()OpenStresthlap and caniributor�,r Yealive GgFnrnone-Share Allke re���-�M ae se(LSC-BYSA) J Zoning Pattern 904 pL ���ap �O l3Me 1982 C�� [O�P C84 o O p o 0 ° ° �° o II �j 0 0 ® °lJ IJ N/ 0 0 m 4 f'% Planning Commission and %1 V Staff Recommendation Approval of the change of zoning from the "CG-1 " General Commercial District and "RE" Residential Estate District to the "RS- 22" Single-Family 22 District . i UDC Requirements .,. ., Buffer Yards: RS-22 to CG-1: Type C: 15' & 15 pts. Setbacks: Street: 25 feet Side: 10 feet SUBJECT \°r Rear: 10 feet PROPERTY 8 ' Parking: 2 Spaces per Dwelling Uses Allowed: `�MpT Single-Family Residential, Place of Worship, and Educational. Site Plan ao.o u.e ------------ i / I I kb ' 4� iiOA_T.R fz f y :•fbM 7 se G� Off' AGENDA MEMORANDUM �N�RP9RpT�'� First Reading Ordinance for the City Council Meeting of June 26, 2018 Second Reading Ordinance for the City Council Meeting of July 17, 2018 DATE: June 8, 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 Ordinance accepting an amendment to the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, and appropriation of the funds for the contract period October 1, 2018 through September 30, 2019 CAPTION: Ordinance accepting an amendment to the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities grant in the amount of $50,000, increasing the total amount to $200,000, from the Texas Department of State Health Services to continue implementing systems and strategies addressing Texas Healthy Communities priority indicators; and appropriating the increased grant amount. PURPOSE: To provide funding for the Health Department to implement targeted and evidence-based community systems and environmental change strategies that address one or more of the following Texas Healthy Communities (TXHC) Priority Indicators: Indicator 1: Physical Activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality The Health Department will also work with a local public/private planning group to plan and implement the identified strategies. BACKGROUND AND FINDINGS: For grant FY2019, the following performance measures will be used to assess, in part, the Health Department's effectiveness in providing services required by the grant: a) Develop, complete, and submit a Project Work Plan in conjunction with DSHS. The Project Work plan must include objectives with supporting activities that address indicators identified in the FY 2018 TXHC assessment as needing improvement. A Project Work Plan Draft must be submitted, reviewed, and approved by DSHS prior to the final version submission date. The Project Work Plan draft must be submitted to DSHS on or before October 17, 2018 and the final Project Work Plan submission is due to DSHS on or before October 31, 2018. b) Develop and submit an Evaluation Plan to DSHS. An Evaluation Plan Draft must be reviewed and approved by DSHS prior to the final version submission date. The Evaluation Plan Draft must be submitted on or before November 16, 2018 and the final Evaluation Plan version is due to DSHS on or before November 30, 2018. c) Submit an Interim Progress Report Draft to DSHS for review on or before March 19, 2019. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 29, 2019. d) Conduct, complete and submit the Texas Healthy Communities Assessment Draft in the Performance Management and Tracking System (PMATS) by May 16, 2019. DSHS will review and approve Draft submission prior to submission of final report in PMATS on or before May 31, 2019. Delinquent Assessments will not be accepted. e) Designate a member of the TXHC program to attend, in person,the TXHC Annual Meeting during the Contract term. If the member or designee is unable to attend the meeting in person, then the Contractor must notify DSHS in writing as to the reason for non- compliance. f) Submit a Final Progress Report Draft to DSHS for review and approval on or before August 30, 2019. Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 13, 2019. g) Participate in twelve (12) monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 3rd, November 28th, December 31st, January 30th, February 28th, March 29th, April 30th, May 29th, June 28th, July 31st, August 30th, and September 30th.lnform DSHS of delinquent submission within five (5) business days of the due date including a detailed justification and proposed submission date. ALTERNATIVES: Refuse the grant and not provide the services required under the grant. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency. This item requires two readings and ratification of the grant contract to begin October 1, 2018. DEPARTMENTALCLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: 0 Operating ❑x Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2019 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $50,000 $50,000 BALANCE $50,000 $50,000 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-003808 AMENDMENT No. 5 Ordinance accepting an amendment to the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities grant in the amount of $50,000, increasing the total amount to $200,000, from the Texas Department of State Health Services to continue implementing systems and strategies addressing Texas Healthy Communities priority indicators; and appropriating the increased grant amount. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept an amended grant amount of $200,000.00 for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities grant, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of October 1, 2015, through September 30, 2019, to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators. Section 2: That the increased grant amount of $50,000.00, is appropriated in the No. 1066 Health Grants Fund to continue the HPCDP/TXHC grant in the Health Department. Section 3: The amendment includes revisions to Section 2. Total Amount; Section 4. Term of the Contract; Section 7. Statement of Work; Section 7. Statement of Work, Billing Instructions; Section 11. Renewals; categorical budget is deleted and replaced. Section 4: A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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:4371AF1C-960D-4298-9225-324F051596BB DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 2016-003808 AMENDMENT No.5 THE DEPARTMENT OF STATE HEALTH SERVICES ("DSHS") AND CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) ("Contractor"), each a"Party"and collectively the "Parties,"to that certain grant contract effective October 1,2015 and denominated DSHS Contract No. 2016-003808 ("Contract"), now desire to further amend the Contract. WHEREAS, the System Agency has chosen to exercise its option to renew the Contract in accordance with Contract Section 4,Term of the Contract; WHEREAS, the Parties desire to revise the Budget to add funds for the period beginning October 1, 2018 through September 30, 2019 (hereinafter referred to as "Fiscal Year 2019" or "FY2019"); WHEREAS,this revision will result in an addition of funds in the amount of FIFTY THOUSAND DOLLARS($50,000.00);and WHEREAS, the Parties desire to revise the Statement of Work. Now,THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. SECTION 2 of the Contract, TOTAL AMOUNT, is amended to increase the total amount of the contract to TWO HUNDRED THOUSAND DOLLARS($200,000.00). 2. SECTION 4 of the Contract, TERM OF THE CONTRACT, is hereby amended to reflect a new end date of September 30, 2019. 3. Section 7 of the Contract, STATEMENT OF WORK,is amended to add the following: For FYI 9 Contractor shall: a. Develop, complete and submit a Project Work Plan in conjunction with DSHS. The Project Work plan must include objectives with supporting activities that address indicators identified in the FY 2018 TXHC assessment as needing improvement. A Project Work Plan Draft must be submitted, reviewed and approved by DSHS prior to the final version submission date. The Project Work Plan draft must be submitted to DSHS on or before October 17, 2018 and the final Project Work Plan submission is due to DSHS on or before October 31, 2018. b. Develop and submit an Evaluation Plan to DSHS. An Evaluation Plan Draft must be reviewed and approved by DSHS prior to the final version submission date. The Evaluation Plan Draft must be submitted on or before November 16,2018 and the final Evaluation Plan version is due to DSHS on or before November 30, 2018. DocuSign Envelope ID:4371AF1C-960D-4298-9225-324F051596BB c. Submit an Interim Progress Report Draft to DSHS for review on or before March 19, 2019. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 29, 2019. d. Conduct, complete and submit the Texas Healthy Communities Assessment Draft in the Performance Management and Tracking System (PMATS) by May 16, 2019. DSHS will review and approve Draft submission prior to submission of final report in PMATS on or before May 31, 2019. Delinquent Assessments will not be accepted. e. Designate a member of the TXHC program to attend, in person, the TXHC Annual Meeting during the Contract term. If the member or designee is unable to attend the meeting in person, then the Contractor must notify DSHS in writing as to the reason for non-compliance. f. Submit a Final Progress Report Draft to DSHS for review and approval on or before August 30,2019.Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 13, 2019. g. Participate in twelve(12) monthly feedback calls (monthly project status reports)with DSHS Program to be conducted on or before the following dates: October 3151, November 281h,December 315`,January 301h,February 281h,March 291h,April 30`h,May 29`h,June 28`h, July 3151,August 30`h, and September 30`h. h. Inform DSHS of delinquent submission within five (5) business days of the due date including a detailed justification and proposed submission date. i. Submit written monthly reports as directed by DSHS. DSHS will monitor the Contractor's financial performance on a monthly basis to insure that the Contractor will not lapse more than 5% of the allotted funding for FY19. Contractor 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 Page 2 of 5 DocuSign Envelope ID:4371AF1C-960D-4298-9225-324F051596BB d) Providing for or referring its employees to tobacco use cessation services. If Contractor cannot meet these minimum standards, it must obtain a waiver from the System Agency. 4. SECTION 7 of the Contract,STATEMENT OF WORK,BILLING INSTRUCTIONS, is amended to reflect the following changes in financial documentation submission: Department of State Health Services Claims Processing Unit, MC 1940 P.O. Box 149347 Austin, TX 78714-9347 FAX: (512)458-7442 EMAIL: imVoices(u dshs.texas.gov& C41Sinvoices(ei!clshs.texas.<Lo\ B-13 and supporting documentation should be sent to: ins o1ces(e0slis.texas.go\ & CMSilwoices(a dshs.texas.�m FSRs should be sent to: invoices(a dshs.texas.,ov, CMSim oices(a dshs.texas.(.)o\ & FSRGrants ci..dshs.texas.E-,ov 5. SECTION 11 of the Contract, RENEWALS, is hereby amended to reflect that there are no renewals remaining under the Contract. 6. The categorical budget is deleted in its entirety and replaced with the following budget table: Budget FY16 FY17 FY18 FY19 Category Categories Allocation Allocation Allocation Allocation Total Personnel $0.00 $32,328.00 $32,442.00 $33,253.00 $98,023.00 Fringe $0.00 $9,537.00 $13,892.00 $14,239.00 $37,668.00 Benefits Travel $1,790.00 $2,529.00 $1,465.00 $1,147.00 $6,931.00 Equipment $0.00 $0.00 $0.00 $0.00 $0.00 Supplies $2,400.00 $5,606.00 $2,201.00 $1,361.00 $11,568.00 Contractual $15,000.00 $0.00 $0.00 $0.00 $15,000.00 Other $30,810.00 $0.00 $0.00 $0.00 $30,810.00 Total Direct $50,000.00 $50,000.00 $50,000.00 $50,000.00 $200,000.00 Costs Indirect $0.00 $0.00 $0.00 $0.00 $0.00 Costs Totals 1 $50,000.00 1 $50,000.00 1 $50,000.00 1 $50,000.00 $200,000.00 7. This Amendment No. 5 shall be effective as of the date upon which both Parties have signed this Amendment. Page 3 of 5 DocuSign Envelope ID:4371AF1C-960D-4298-9225-324F051596BB 8. Except as amended and modified by this Amendment No. 5, all terms and conditions of the Contract, as amended, shall remain in full force and effect. 9. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS Page 4 of 5 DocuSign Envelope ID:4371AF1C-960D-4298-9225-324F051596BB SIGNATURE PAGE FOR AMENDMENT No.5 DSHS CONTRACT No.2016-003808 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) By:_ - Associate Commissioner Name: Community Health Improvement Title: Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENTS ARE ATTACHED TO THIS AMENDMENT AND INCORPORATED INTO THE CONTRACT: ATTACHMENT A: FFATA Approved as to form: S18 ssistant City Atto For City Attorney Page 5 of 5 DocuSign Envelope ID:4371AF1C-960D-4298-9225-324F051596BB 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.sov State of Texas Comptroller Vendor Identification Number(VIN) 14 Digits 111 IF] Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date - 1 - Department of State Health Services Forth 4734—June 2013 DocuSign Envelope ID:4371AF1C-960D-4298-9225-324F051596BB 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 Forth 4734—June 2013 Docu561*,, � SEcut[D Certificate Of Completion Envelope Id:4371AFlC96OD42989225324FO51596BB Status:Sent Subject:Amending$200,000;2016-003808 Corpus Christi-Nueces County Public Health District A-5;DSHS/CMS Source Envelope: Document Pages:16 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 18,2018 Commission PCS_DocuSign@hhsc.state.tx.us Signer Events Signature Timestamp Annette Rodriquez Sent:May 18,2018 annetter@cctexas.com Resent:May 18,2018 Health Director City of Corpus Christi Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Manda Hall,M.D. Manda.Hall@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 Margaret Schmidt COPIED Sent:May 18,2018 margaret.schmidt@hhsc.state.tx.us Viewed:May 18,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Jason Adams Sent:May 18,2018 jason.adams@dshs.state.tx.us COPIED Viewed:May 18,2018 Contract Manager Texas Health and Human Services Commission Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMU Contract Inbox COPIED Sent:May 18,2018 cmucontracts@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign William Uhlarik COPIED Sent:May 18,2018 williamu2@cctexas.com Viewed:May 22,2018 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 18,2018 Payment Events Status Timestamps se GO O� A. v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 26, 2018 NCOR PORAL Q 1852 Second Reading Ordinance for the City Council Meeting of July 17, 2018 DATE: June 26, 2018 TO: Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation Fred S(c�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a)..cctexas.com (361) 826-3169 Farm and Grazing Land Leases at Corpus Christi International Airport for Five Years Each with a Three-year option CAPTION: Ordinance authorizing two, five-year Farm Leases with Matt Danysh Farms, Inc and S & S Farms Partnership, and one five-year Grazing Lease with S & S Farms Partnership with a three year option for all leases for land located at Corpus Christi International Airport with projected annual revenue of $133,806.45. PURPOSE: To approve leases of land located at Corpus Christi International Airport. BACKGROUND AND FINDINGS: Corpus Christi International Airport is located on approximately 2,400 acres of land. A significant portion of which remains unimproved and available for agricultural use. In addition, this lease will help to reduce mowing costs on unimproved property and generate revenue. On April 30, 2013, the City Council approved five-year farm lease agreements with Matt Danysh and S & S Farms for Parcel 1 - 870.703 acres and Parcel 2 - 591.374 acres respectively. The rate per acre for both parcels is $55. In addition, Ms. Katherine Horne executed a five-year farm and grazing agreement for 28.73 acres at a rate of$25 an acre. Because of runway extension we had reduced Parcel 1 acres from 870.703 to 692.35 acres. The Purchasing Division conducted a competitive Request for Proposal process to obtain proposals for a lease contract. The City received three proposals and is recommending Matt Danysh for Parcel 1 - 692.35 acres at $98 per acre and S & S Farms Partnership for Parcel 2 - 590.46 acres at $110 per acre and Parcel 3 - 28.73 acres at $35 per acre. 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: Aviation FINANCIAL IMPACT: Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Airport Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Leases Price Matrix Evaluation Matrix Ordinance authorizing two, five-year Farm Leases with Matt Danysh Farms, Inc. and S & S Farms Partnership, and one five-year Grazing Lease with S & S Farms Partnership with a three year option for all leases for land located at Corpus Christi International Airport with projected annual revenue of $133,806.45. WHERAS, the Corpus Christi International Airport ("CCIA") would like to lease farm and grazing land on its premise; WHEREAS, the City is Request for Proposals ("RFP") No. 1507 for the lease of such land and has determined that it is in the best interest of the citizens of the City to lease such land to Matt Danysh Farms, Inc., and S & S Farms Partnership, under the terms below; and WHEREAS, the projected annual revenue from the farm and grazing leases is $133,806.45. NOW, THEREFORE, 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 five-year farm lease with Matt Danysh Farms, Inc. for 692.35 acres of farm land located at CCIA in consideration of an annual payment of$98 per acre, with one three-year option to renew. A copy of the Lease agreement is attached hereto as Exhibit A. SECTION 2. The City Manager or designee is authorized to execute five-year farm lease with S & S Farms Partnership for 590.46 acres of farm land located at CCIA in consideration of an annual payment of$110 per acre, with one three-year option to renew. A copy of the Lease agreement is attached hereto as Exhibit B. SECTION 3. The City Manager or designee is authorized to execute five-year grazing lease with S & S Farms Partnership for 28.73 acres of grazing land located at CCIA in consideration of an annual payment of$35 per acre, with one three-year option to renew. A copy of the Lease agreement is attached hereto as Exhibit C. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 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, this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor RFP No. 1507 Farm or Grazing Land Lease Buyer - Japan Shah Proposal Evaluation LA Farms S & S Farms Matt Danysh p Partnership Farms Minimum Qualifications Required two years in business Pass Pass Pass No Outstanding lawsuits during 5 years or current Pass Pass Pass litigation with the City during last 5 years No outstanding regulatory issues during 5 years Pass Pass Pass References provided for firm Pass Pass Pass Technical Proposal Technical Proposal (40 points) 28.67 35.67 36 Firms' Experience (20 points) Understanding of Project Scope (20 points) Price Price (60 points) Parcel 1 47.14 0 60 Parcel 2 50.18 60 0 Parcel 3 42.85 60 0 Total Parcel 1 75.81 35.67 96 Total Parcel 2 78.85 95.67 36 Total Parcel 3 71.52 95.67 36 City of Corpus Christi Pricing Matrix Purchasing Division RFP 1507 Farm or Grazing Land Lease BUYER-Japan Shah Aviation Department Matt Danysh Farms S&S Farms Partnership LA Farms Item Description Qty UOM Unit Price Total Unit Price Total Unit Price Total 1 Farm Land-Parcel 1 692.35 Acres $ 98.00 $ 67,850.30 $ - $ - $ 77.00 $ 53,310.95 2 Farm Land-Parcel 2 590.46 Acres $ - $ - $ 110.00 $ 64,950.60 $ 92.00 $ 54,322.32 $ - $ 64,950.60 $ 54,322.32 3 Grazing Land-Parcel 3 28.73 Acres $ - $ - $ 35.00 $ 1,005.55 $ 25.00 $ 718.25 $ $ 1,005.55 $ 718.25 nnua evenue FARM LEASE AGREEMENT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This farm lease agreement ("Lease") is entered into this by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), and Matt Danysh Farms, Inc. ("Lessee"), a Texas general partnership, in consideration of the mutual covenants contained in this Lease. 1. PREMISES. The City leases to Lessee 692.35 acres (the "Premises"), more particularly described as portions of property inside the airport perimeter fence, near adjacent to the southern and western edges of the fence and runway 13-31, excluding a 10-foot area along the perimeter fence and Airport Perimeter Road, as shown as Parcel No. 1 in the map referenced as "Attachment B", which is attached to this Lease and incorporated by reference in this Lease as if it were set out here in its entirety. The Premises is limited to the description provided in and the restrictions shown in "Attachment A," which is attached to this Lease and incorporated by reference in this Lease as if it were set out here in its entirety. 2. PURPOSE. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize the Premises for the farming of crops and for no other purpose. The use of the Premises shall be limited as laid out in this Lease and as shown in Attachment A. The Lessee shall use the Premises in accordance with "Exhibit 1," the Request for Proposals (RFP) No. 1507, and "Exhibit 2," the Lessee's submitted proposal, which exhibits are incorporated by reference in this Lease as if set out here in their entirety. 3. LEASE TERM. This Lease is for a five-year term beginning October 1St, 2018 and ending at midnight on September 30th, 2023, subject to prior termination as set out in this Lease. For annual lease payment purposes, October 1St of every succeeding calendar year following the execution of this Lease is deemed the anniversary date of the Lease ("Anniversary Date"). The Lease may be renewed for one additional three-year term upon agreement of the Parties. If the Lease is renewed, the Lease Payment, as defined below, will be adjusted upward by the percentage change in the Consumer Price Index- All Urban Consumers (CPI-U) for the Houston-The Woodlands-Sugarland, TX area- All Items, during the one-year period immediately preceding the most recent available information at the time of such renewal, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or of any revised or successor index hereafter published by the Bureau of Labor Statistics. 4. LEASE PAYMENT. A. Upon Lessee's execution of this Lease and the City Council's approval, Lessee must pay the City an annual lease payment of $67,850.3 which is based on 98 per acre x 692.35 acres ("Lease Payment"). Any one-time bonus payment that was included in a bid by Lessee and accepted as consideration for this Lease must also be remitted with the initial Lease Payment. The Lease Payment is due at the beginning of the Lease and on or before each Anniversary Date. B. The Lease Payment must be delivered or mailed to: City of Corpus Christi Department of Aviation A/R 1000 International Drive Corpus Christi, Texas 78406 C. Lease Payments are not refundable if this Lease is terminated prior to completion of its full five-year term. D. In the event Lessee holds over beyond the expiration of the term herein provided with the consent, express or implied, of the City, any such holdover is a tenancy at sufferance and such holdover period will only be from month-to-month and subject to the conditions of this Lease. Lessee acknowledges and agrees in advance that any such holdover does not constitute a renewal of this Lease, and any holdover period is subject to Lessee's payment of a monthly rental amount equal to 1/12 of the last annual Lease Payment. 5. 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, UPON LESSEE'S REQUEST PRIOR TO THE EXECUTION OF THIS LEASE, 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, IF ANY, EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE OF THIS LEASE 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 TO SUCH STRUCTURES AND IMPROVEMENTS. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON LESSEE'S EXAMINATION OF THE SAME. D. THE CITY, HAVING FEE SIMPLE RIGHTS TO THIS LAND, DOES NOT WARRANT ITS TITLE TO THE PREMISES AND DOES NOT GUARANTEE LESSEE'S QUIET POSSESSION OF SAME. LESSEE ACKNOWLEDGES AND IS AWARE THAT THE PREMISES IS CONTAINED WITHIN A LARGER AREA OF LAND OWNED BY THE CITY AND CURRENTLY USED FOR ACTIVE AIRPORT OPERATIONS AND RELATED PURPOSES. THIS LEASE 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. LESSEE ACKNOWLEDGES THAT LESSOR DOES NOT OWN ALL MINERAL AND GAS RIGHTS TO THE PREMISES, AND LESSEE IS SUBJECT TO ANY EXPLORATORY AND PRODUCTION RIGHTS OF THE MINERAL OWNERS AND WHICH COULD PRODUCE DAMAGES TO LESSEE'S LEASEHOLD. NOTHING CONTAINED IN THIS LEASE MAY BE CONSTRUED TO IMPLY THE CONVEYANCE TO LESSEE OF RIGHTS IN THE PREMISES THAT EXCEED THOSE OWNED BY THE CITY. Page 2 of 15 E. THE PROVISIONS OF THIS SECTION 5 SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 6. USE AND MAINTENANCE. A. Lessee shall use the Premises for agricultural purposes only and cannot make any other use of the Premises without the prior written consent of the City. Lessee shall take good care of the Premises and its appurtenances and suffer no waste. Lessee shall keep the Premises in good repair at Lessee's own expense. Lessee shall observe and obey all applicable federal, state, and local laws, rules, and regulations and all rules set out by the City for the operation of the Premises. At the expiration of this Lease, Lessee shall surrender the Premises in as good condition as the same are now in, natural wear and tear and damage from the elements only accepted. Lessee will not permit any alcoholic beverages on the Premises. Lessee agrees to conduct all of Lessee's operations on the leased premises in a reasonable, efficient and prudent manner. B. In compliance with the Federal Aviation Administration ("FAA") restriction on the types of crops grown on the Airport and pursuant to Section 18 herein, except as provided in Attachment A, Lessee shall not plant sunflower, seeded crops or cereal grain crops on the Premises. Lessee may not construct any improvements on the Premises. Lessee may not use the Premises for storage of equipment or supplies C. Without limiting the foregoing, Lessee specifically agrees: 1) Chemical Notification. The use of all agricultural chemicals, fertilizers, and pesticides will be in a lawful, safe, and a prudent manner. The City's Director of Aviation or designee ("Aviation Director') will determine and approve the time and place any aerial or ground chemicals, fertilizers, and pesticides will be used due to the proximity of the airport and its employees and the public. Under normal circumstances, the notice of intent to use agricultural chemicals, fertilizers and pesticides must be provided in writing no less than five business days prior to use and addressed to: City of Corpus Christi Director of Aviation 1000 International Drive Corpus Christi, TX 78406 Fax: (361)-826-4533 In the event of crop destruction due to midge insects and under an emergency situation only, Lessee will be allowed to, instead, give a 24-hour notice of crop spraying to the Aviation Director by calling (361)-289-0171. 2) Growth Control. Lessee will prevent the growth of and keep the Premises (including cultivated fields, turn rows, ditches, fence rows, and lands adjacent to the Premises) free from Johnson grass, Bermuda grass, cockleburs, burdock plants, and other noxious weeds and undesirable vegetation, and keep the cultivated portion of the Premises free from all sprouts and stumps. 7. REQUIRED MODIFICATION OR AMENDMENT OF LEASE. If the FAA or its successor requires modifications or amendments to this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the modifications or amendments to this Lease as may be reasonably required for the City to obtain the funds; provided, however, that Lessee will not be required to pay increased Lease Payments, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that Page 3 of 15 is mutually satisfactory to all parties regarding any terms or conditions of this Lease affected by said required actions. 8. FEES, TAXES & UTILITIES. Lessee shall pay, if applicable to Lessee's leasehold interest and Lessee's use and business operations at the Premises, all ad valorem taxes, personal property taxes, licenses, utility fees and charges, and all other fees and taxes required to be paid during this Lease. Lessee shall pay, at its sole cost and expense, all taxes, fees, utilities, and charges on or prior to the due date. Within three business days of approval of this Lease and remittance of the initial Lease Payment, Lessee shall ensure that the water utility account and any electrical account, if electricity is available and connected at the Premises, and all other utility account(s) for the Premises are transferred and/or set up in the Lessee's name and all required deposits paid. Payment by Lessee of all utility charges must be timely paid when such charges become due and are not permitted to become delinquent at any time during the term of the Lease. 9. SUBORDINATION TO U.S. AND FAA REQUIREMENTS. This Lease is subordinate to the provisions of any existing or future agreement between the City and the government of the United States relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 9 or under Section 7 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the value of the Premises, then this Lease shall terminate immediately without any further obligation on part of City to Lessee. 10. RECORDKEEPING. Lessee will keep an accurate book of accounts regarding all business matters pertaining to the cultivation of the Premises, and these account books must be open to inspection by the Aviation Director upon reasonable demand during the City's normal business hours. 11. INSURANCE. A. Coverages. Lessee must obtain and keep in force during the term of this Lease insurance policy or policies in the amounts and with the types of insurance coverages set out in the attached "Attachment C," which attachment is incorporated by reference as if fully set out here in its entirety. B. Failure of Lessee. Failure of Lessee to procure and maintain in force the required insurance coverages constitutes a material breach of the Lease upon which the City may immediately terminate this Lease if Lessee does not furnish proof of the required insurance coverages to the City within 10 days of written notice to Lessee. C. Insurance Coverage Adjustments. The types and amounts of insurance coverage specified in the Lease is subject to adjustment by the City's Risk Manager on the Anniversary Date of the Lease. Notice of any such required adjustment(s) will be provided to Lessee not less than 30 days prior to the Anniversary Date. 12. FINANCING. The City recognizes that Lessee may borrow funds for agricultural purposes, or for other purposes, secured by a first lien security interest in Lessee's leasehold estate in the Premises. The fee simple estate of City in the surface estate, burdened by Lessee's leasehold estate, must not be subject to any liens, and any security lien instrument to which Lessee is a party must contain the following language, or other similar language approved in advance by the City Attorney: "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Lessee created under that certain Lease effective on October 1, 2018, by and between the City of Corpus Christi and Lessee, and that this instrument does not affect the fee simple Page 4 of 15 interest in the Premises owned by the City of Corpus Christi. In the event of any foreclosure by any lender of a lien or liens on the Lessee's leasehold estate in the Premises or Lessee's improvements, if any, such lender or other purchaser at foreclosure, its successors and assigns, will succeed to all rights, privileges, and duties of Lessee including, without limitation, the duty to pay rent." 13. DAMAGE TO CITY OR FRANCHISEE IMPROVEMENTS. Lessee must pay for all damages to any City or franchisee utility lines and equipment located on the Premises caused by Lessee's farming and agricultural operations and must replace all lines or equipment injured or destroyed as a result of Lessee's farming and agricultural operations. If damage occurs to any gas, storm, wastewater, or water line ("City Improvements"), or to any City equipment located on the Premises, the City's representative will determine the extent of damage and amount of repairs and/or replacement needed to the City Improvements, and, as determined by the City's representative, a City gas, storm, wastewater, or water division crew will be brought in and immediately allowed to make all necessary repairs and/or replacements. For purposes of calculating time, a half-day of four hours or more constitutes a whole working day; any work time in excess of eight hours a day or which occurs on a Saturday, Sunday, or a holiday will be calculated at a daily rate of$53.77 an hour. An additional fee will be due for the cost of a City inspector at a daily rate of $286.80 for any portion of a day spent inspecting construction, maintenance, repair, replacement, or relocation of said utility lines and equipment pursuant to this paragraph. A franchisee whose franchisee improvements are damaged will follow the same process as set out for damage to City Improvements. All costs incurred by City (including labor and materials) associated with the repairs and/or replacement of the lines and equipment must be paid by Lessee. 14. ASSIGNMENT AND SUBLEASING. Lessee shall not at any time, without the express prior written consent of the City Manager, assign, sublease, or transfer, or permit or participate in any assignment, sublease, or transfer, of this Lease or any of the rights, powers, or privileges granted under this Lease. Consent to an assignment or sublease shall not be unreasonably withheld by City. In the event of an approved assignment or sublease, Lessee shall notify any assignee or sublessee that they shall be liable under all terms, conditions, and obligations of this Lease. Lessee further acknowledges and agrees that, notwithstanding any approved assignment or sublease, Lessee shall also remain liable under all terms, conditions, and obligations of the Lease unless released in writing by the City Manager. 15. HUNTING. This Lease does not grant Lessee any rights to hunt on the Premises, and Lessee may not hunt nor allow any other party to hunt on the Premises without the express written consent of the City Manager. 16. SECURITY. A. Lessee, its officers, employees, agents, contractors, and invitees must comply with all applicable federal and local security regulations, as the same may be amended. To the extent allowed by law, Lessee covenants to indemnify and hold harmless City, its officers, and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Transportation Security Administration by reason of the negligent or intentional failure of Lessee, its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whether the fine, charge, or penalty is levied against the City or the Lessee. B. Each of Lessee's employees needing access to a restricted area (including the area outlined in Section 17 of this Lease) must wear a security badge while in the restricted area. Lessee will pay an issuance fee for each badge and a replacement fee for each lost security badge. The Aviation Director may also require the payment of a reasonable deposit fee for each security badge issued consistent with fees charged to other tenants at the Airport. Lessee must notify the Aviation Director immediately after any employee of Lessee who was issued a security badge is Page 5 of 15 terminated or loses a badge. Lessee and Lessee's employees must comply with all City and federal security regulations and requirements. 17. ACCESS TO AIRCRAFT OPERATING AREA. A. Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees must comply with all present and future laws, rules, regulations, and ordinances promulgated by the City, the Airport, the federal Transportation Security Administration ("TSA"), the FAA, or other governmental agencies to protect the security and integrity of the Airport's aircraft operating area ("AOA"), as shown on the attached "Attachment B", which is incorporated in this Lease as if fully set out herein. Subject to the approval of the Aviation Director, Lessee must adopt procedures to control and limit access to the AOA by Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees in accordance with all present and future City, Airport, TSA, and FAA laws, rules, regulations, and ordinances. B. Lessee must pay all FAA and TSA fines associated with security breaches or infractions committed by Lessee's employees, agents, contractors, suppliers, and business invitees in the AOA, regardless of whether the fine is assessed to the City or the Airport, as set out in the City Code of Ordinances, Sec. 9-31. C. Lessee agrees to indemnify, hold harmless, and defend the City, its officers, employees, agents, and representatives against the risk of legal liability for death, injury, or damage to persons or property, direct or consequential, arising from entry of persons into the AOA where permitted, allowed, or otherwise made possible by Lessee, its employees, contractors, suppliers of materials, furnishers of services, business invitees, agents, or any other person under the direction of Lessee in violation of City, Airport, TSA, and FAA laws, rules, regulations, or ordinances or Lessee's approved procedures for controlling access to the AOA. D. Lessee will have access to the Premises, subject to compliance with all applicable Airport, TSA, and FAA security procedures. Movement of all persons in the AOA and Premises must be cleared in accordance with Airport, TSA, and FAA rules and regulations. Lessee is primarily responsible for opening and closing any security gates and doors permitting access between the Premises and the AOA. E. No vehicles owned or operated by Lessee may operate within the movement or non- movement areas of the AOA except those in compliance with Airport, TSA, and FAA rules and regulations. 18. OPERATION WITHIN AIRPORT CERTIFICATION. Lessee must comply with all rules that are applicable to its operations at the Airport under the Airport Certification Rules of the Federal Aviation Regulations ("FAR"), Part 139, as amended [14 CFR Part 139, as amended]. 19. FEDERAL CODE REQUIREMENTS FOR EQUIPMENT USE. Lessee covenants to comply with the notification and review requirements set out in the FAR, Part 77, as amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its operation that requires notification as outlined in this regulation. 20. CONTROL OF STRUCTURES AND EQUIPMENT. Lessee shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and the City as a height limitation on said structure, antenna, building, or object. The City may enter the Premises and remove the Page 6 of 15 encroaching structure, antenna, building, or object without notice and at Lessee's expense plus an additional administrative charge of fifteen percent (15%). 21. AERIAL APPROACHES. The Aviation Director may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. 22. RIGHT OF OVERFLIGHT. The City hereby reserves, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises together with the right to cause in the airspace noise as may be inherent in the operation of aircraft now known or hereafter used for navigation thereof or flight in the air, and using the airspace for landing at or taking off from, or operating on, the Airport. 23. HAZARDOUS SUBSTANCES. A. For the purposes of this Lease, "hazardous substance or material" means and refers to one or more of the following: 1) Asbestos; 2) Any substance, material or waste defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act(42 U.S.C. Section 6901, et. seq.); 3) Any substance, material or waste defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601, et. seq.); 4)Any substance, material or waste defined as a "regulated substance" pursuant to Subchapter IX of the Solid Waste Disposal Act(42 U.S.C. Section 6991, et. seq.); and 5) Any substance, material or waste which is reasonably considered by the City to pose an actual or potential threat to persons or property in, around, or on the Premises. B. Lessee shall comply with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises and improvements including, but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, Lessee must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances, materials, or waste on or near the Premises without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill or deposit of a hazardous substance or regulated substance has occurred or is occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or other property upon the Premises or the Airport, Lessee must immediately notify by oral report in person or by telephone, to be promptly confirmed in writing, the Aviation Director as required by law or regulation. Lessee must cooperate fully with the Aviation Director in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or threat of release of a hazardous or regulated substance into the drainage system, soil, ground or Page 7 of 15 surface water, waters, or atmosphere in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. D. Lessee shall keep a readily accessible file of Materials Safety Data Sheets ("MSDS") for each hazardous material or substance on the Premises or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to a report of a discharge of a hazardous substance or material on the Premises. Lessee will require any operator of the facilities on the Premises to use best efforts to determine which hazardous substance or material was accidentally discharged and ensure that the MSDS sheet is available for the first responders to the Premises. E. Lessee will cause prompt remediation and the payment of all costs associated with any action or inaction of Lessee that directly or indirectly prevents the City, acting through the Airport, from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to the Premises. The rights and obligations set forth in this section shall survive the expiration or earlier termination of this Lease. F. Lessee shall furnish to the Aviation Director, within five days of receipt by Lessee, copies of any and all notices or correspondence directed to Lessee or any other party at the Premises from any governmental entity, other entity, or person indicating a violation or possible violation of any laws, rules, or regulations including, without limitation, any law, rule, or regulation regarding hazardous materials or substances (as such term is defined in this Lease). 24. NO DEBTS. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. 25. NON-DISCRIMINATION/AFFIRMATIVE ACTION A. Nondiscrimination—General. Lessee for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Lessee will cause to the best of its ability the Premises and Improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. B. Nondiscrimination—Business Owner. This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR Part 23 that it enters and causes those businesses to similarly include the statements in further agreements. Page 8 of 15 C. Remedy for Breach. If the Lessee is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to deliberately breach a non-discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Premises, retake possession thereof, and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action. Lessee shall cause to be implemented an affirmative action program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E; (ii) that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart; (iii) that third parties otherwise retained by Lessee shall provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub-organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at no expense to the City, shall comply with any applicable requirements of the Americans with Disabilities (ADA) as it may be amended, with respect to the Premises and its improvements. 26. NOTICES. A. All notices, demands, requests or replies provided for or permitted by this Lease must be in writing and delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the U.S. Postal Service as certified mail, return receipt requested, postage prepaid; or (3) by deposit with an overnight express delivery service, and sent to the following address: If to City: City of Corpus Christi Aviation Director 1000 International Drive Corpus Christi, TX 78406 Phone: (361)-289-0171 If to Lessee: Matt Danysh Farms Attn: Russell Jungmann Address: 803 N Hackberry St. Bishop, TX 78343 Phone: (469)-396-7376 B. Notice deposited with the U.S. Postal Service in the manner described above will be deemed effective two business days after deposit, postage prepaid. Notice by overnight express delivery service will be deemed effective one business day after delivery to the overnight express carrier, with proof of receipt. C. Either party may notify the other, in the manner described above, of a change of address. Any such change of address must be sent within 10 days of the effective date of the change. 27. INDEMNITY. LESSEE WILL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH Page 9 of 15 CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER WHICH MAY ARISE OUT OF OR IN ANY MANNER BE CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH, THE PERFORMANCE OF THIS LEASE BY LESSEE. LESSEE SHALL, AT LESSEE'S OWN COST AND EXPENSE, INVESTIGATE ALL SUCH CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, PAY ALL CHARGES OF ATTORNEYS, AND PAY ALL OTHER COSTS AND EXPENSES OF ANY KIND, INCLUDING EXPERT WITNESS FEES, ARISING FROM ANY SUCH LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS. 28. DEFAULT AND TERMINATION. A. If Lessee defaults in performance of any of the promises or covenants contained herein, City may terminate this Lease following written notice to Lessee of the default and a reasonable opportunity to cure. Upon the occurrence of any uncured event of default, the City may, at its option, in addition to any other remedy or right given hereunder or by law, give notice to Lessee that this Lease terminates upon the date specified in the notice. Once terminated, the City has the right, without further notice to Lessee, to re-enter the Premises and remove all persons therefrom without being deemed guilty in any manner of trespass and also without prejudice to any remedies against Lessee for arrears of rent or breach of covenant. B. In the event that any rent is due and unpaid under the Lease, the City may resume possession of the Premises and relet the same for the remainder of this Lease term at the best rent the City may obtain, for the account of the Lessee, who must pay any resulting deficiency; and the City will have a lien as security upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools, and other personal property which are located or were placed on the Premises, which lien is cumulative of and in addition to any statutory landlord's lien created by law. C. In the event Lessee has paid the full cash rent at the start of the Lease or any applicable annual Anniversary Date, Lessee shall have the right to harvest any existing crops that have been planted prior to the termination of the Lease. D. The failure of City or Lessee to insist on strict performance of any of the terms, covenants, or conditions of this Lease is not a waiver of any right or remedy that City or Lessee may have and is not a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter nor is deemed to be a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 29. REMOVAL OF PERSONAL PROPERTY. It is Lessee's responsibility to remove its personal property of every kind and type from the Premises prior to termination or expiration of the Lease. Lessee agrees that any personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes the City's property without any further notice, action, or process of law for disposition by the City as the City deems appropriate in the City Manager's sole discretion, without compensation to Lessee. Lessee shall also be invoiced for the City's costs to remove Lessee's personal property from the Premises after termination or expiration of the Lease, and Lessee shall pay the invoice within 30 days of receipt. 30. CONDITION OF PROPERTY UPON EXPIRATION OR TERMINATION. Lessee covenants and agrees that, upon expiration or any earlier termination of this Lease, however caused, Lessee shall quit and surrender the Premises and perform all repairs reasonably necessary to restore the Premises to Page 10 of 15 the same condition it was in at the time this Lease was entered into, reasonable wear and tear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. 31. RIGHTS OF THE CITY. A. The City reserves the right to sell, use, or lease for a governmental or public use different from the present use all or any part of the Premises at any time during the term of this Lease. Should the Premises be sold, used, or leased before expiration of this Lease and the purchaser or lessee is not willing to take the property subject to this Lease and demands immediate possession, then the Lessee agrees to vacate within 30 days following receipt of the notice to vacate. Should it become necessary for Lessee to vacate in case of a sale or lease, then, the City will pay Lessee, for the Premises or portion thereof vacated, the following amounts, to-wit: a proportionate share of the then-applicable annual Lease Payment paid, which share is determined by dividing (i) the number of days of the term remaining after vacation by Lessee by (ii) the total number of days in the term, and multiplying the resulting percentage by the annual Lease Payment amount paid by Lessee. B. The City reserves and excepts from this Lease those easements reasonably necessary for the purpose of assigning, exploring, prospecting, mining, drilling, developing, producing, saving, transporting, storing, treating, removing, and owning the reserved minerals and oil and gas in the Premises to the extent such easements are implied under Texas common law to allow access to severed estates. C. 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. D. It is understood and agreed by Lessee that the City retains sole authority to negotiate settlement of any and all claims for damage by reason of activities in connection with the operation, development, and exploration for oil, gas, and other minerals on the Premises. Lessee shall promptly notify the City of any and all damages to the Premises and/or crops growing thereon that may be occasioned by operation, development, or exploration for oil, gas, or other minerals, or that may be occasioned by any other activity during the Lease term, which Lessee observes, learns of, or has reason to be made aware of any such damage. E. The City, by and through its officials, officers, employees, and agents, has the right at all times during the Lease term to ingress and egress to the Premises for the purpose of conducting any business incident to the activities of the City and for purposes of inspection, repair, fire or police action, and enforcement of the terms of this Lease, and includes the regular and necessary operation of vehicles and equipment on the shared roadways bisecting and crossing the Premises. 32. CONDEMNATION. If the whole or a substantial part of the Premises are taken or condemned by the City, or any entity with legal authority to exercise eminent domain rights, for any public use or purpose, then and in that event, the term of this Lease shall cease and terminate from the date when possession of the part or whole so taken or condemned is required for such use or purpose. If less than a substantial part of the Premises are taken or condemned by the City and, as a result thereof, Lessee believes the ability to continue the purpose of this Lease has been eliminated, the question of a possible partial Lease Payment refund, if any, may be submitted in writing by Lessee to the City for consideration. Page 11 of 15 33. DISCLOSURE OF INTERESTS AND STATE OF TEXAS FORMS. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Lease contract. Lessee agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Lease contract. For more information, please review the information on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Lessee also 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, as Lessee, 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. 34. MODIFICATIONS. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing and signed by a person authorized to sign lease agreements on behalf of each respective party. 35. COMPLIANCE WITH LAWS. A. General. Lessee covenants to promptly observe, comply with and execute, and shall cause any sublessee to promptly observe, comply with and execute, the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not remedied within any permitted cure period, may be cause for City's exercising its rights under the Lease. During any period of Lessee's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction, Lessee's inaction shall not be deemed a breach of this Lease. B. Federal. Lessee shall comply and shall require any sublessee to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts the U.S. Congress passes that apply to the uses and operations at the Premises. C. State. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. D. Local. Lessee shall comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. 36. RELATIONSHIP OF THE 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. 37. GENERAL PROVISIONS. A. Mineral Rights. The City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises in which it holds an interest and reserves the right to conduct or provide for testing and removal of any such City-owned water, gas, oil, or minerals from the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive City's or Lessee's right thereafter to declare a forfeiture for like or other or succeeding breach or default. Page 12 of 15 C. Force Majeure. Neither City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations under this Lease by reason of force majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God to include severe inclement weather and sustained periods of rain or snow, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform and claiming the force majeure. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Lessee pursuant to this Lease and the obligation of City to deliver the Premises. D. Rules and Regulations. Lessor has adopted minimum operational standards ("Minimum Standards") and rules and regulations ("Rules and Regulations"), which shall govern Lessee in the use of the Premises and all common facilities, a copy of each of which has been furnished to the Lessee and are incorporated herein by reference. Lessee agrees to comply fully at all times with these governing documents. Lessor, in its sole discretion, shall have the right to amend, modify, and alter these Minimum Standards and Rules and Regulations from time to time in a reasonable manner and may introduce other regulations as deemed necessary for the purpose of assuring the safety, welfare, convenience, and protection of property of Lessor, Lessee, and all other tenants and customers of the Airport; provided, however, that Lessor shall give Lessee reasonable advance notice of any such amendments, modifications, or alternations of the Minimum Standards and Rules and Regulations. E. Venue. Venue for any action brought under this Lease lies in Nueces County, Texas, where the Lease was executed and will be performed. F. No Third Party Benefit. No provision of this Lease creates a third party claim against the City or the Lessee beyond that which may legally exist in the absence of any such provision. G. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses, pay all charges, fees, and taxes including, but not limited to, all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Internal Revenue Circular E "Employer's Tax Guide," Publication 15, as it may be amended, and give all notices and respond to all communications that are necessary and incident to the due and lawful conduct of business at and occupancy of the Premises by Lessee. Lessee must provide proof of payment of any tax within 10 days after the City Manager's written request for the same. H. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises; must provide and use suitable, sealed fireproof receptacles approved by the Aviation Director for all trash and other refuse generated by the use of the Premises; must prohibit the piling of boxes, barrels, or other similar items in or within view from a public area; and must pay, or cause to be paid, the costs associated with trash removal and disposal. I. Delegation. Any obligations of the Lessee required by this Lease may be delegated to any approved sublessee by the terms of the sublease agreement between the parties, provided, however, that any such delegation shall not relieve Lessee of its liability, responsibilities, and obligations under this Lease. J. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease as required by the City Charter. Page 13 of 15 38. SEVERABILITY. 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. 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. 39. BINDING AGREEMENT. It is mutually understood and agreed that the covenants, conditions, and provisions contained in this Lease to be performed by the respective parties are binding on the parties and their respective successors, assigns, and heirs. 40. ENTIRETY CLAUSE. This Lease and the exhibits incorporated and attached hereto constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's use of the Premises. Executed in triplicate by the parties. By Lessee's execution below, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City Council and executed by the City Manager or designee. [SIGNATURE PAGE TO FOLLOW) Page 14 of 15 LESSOR: CITY OF CORPUS CHRISTI ATTEST: Sylvia Carrillo Rebecca Huerta Assistant City Manager City Secretary APPROVED AS TO LEGAL FORM: 120—. MILES RISLEY, CITY ATTORNEY Assistant City Attorney LESSEE: Russell Jungmann Date President THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of 2018, by Russell Jungmann, as the President of Matt Danysh Farms, Inc., a Texas Corporation, on behalf of said corporation. Given under my hand and seal of office this day of A.D., 2018. Notary Public Attached and Incorporated by Reference: Attachment A- Scope of Lease Attachment B- Map of Premises Attachment C - Insurance Requirements Incorporated by Reference Only: Exhibit 1: RFP No. 1507 Exhibit 2: Lessee's Submitted Proposal Page 15 of 15 Attachment A Scope of Lease 1.1. General Requirements The Corpus Christi International Airport (CCIA) possess agricultural and grazing land, which is located at 1000 International Drive, Corpus Christi, Texas. A significant portion of land remains unimproved and available for agricultural and grazing use. 1.2. Scope of Lease The Corpus Christi International Airport possess 1 ,31 1 .54 acres of land on airport property, which is available for lease. Out of 1 ,31 1 .54 acres, approximately 1 ,282.81 acres is available for agricultural and approximately 28.73 is available for cattle grazing. Parcel description shown in Exhibit A, Drainage ditch layout shown in Exhibit B, and Airport Operating Area(AOA) shown in Exhibit C. A.Farm land The Farm Land is divided between two parcels. 1 . Parcel 1 The first parcel as shown in Exhibit A is approximately 692.35 acres of land and all acres of land are within the boundaries of the Airport security fence and will require security backgrounds checks, airport badges and training in accordance with TSA rules and regulations to access. The first parcel of land will also require the lessee to undergo airport driver training in accordance with Federal Aviation Administration rules and regulations. 2. Parcel 2 The second parcel as shown in Exhibit A is approximately 590.46 acres of land and all the acres are outside the boundaries of Airport security fence. B. Farm Land Lease Restriction 1 . No crops shall be allowed along the side of runway 13-31 closer than 530' from the runway centerline 2. No crops shall be allowed along the side of runway 18-36 closer than 530' from the runway centerline. 3. No crops shall be allowed in the runway approach areas closer than 1000' from the runway end. 4. No crops shall be allowed within 130' of the taxiway centerline. 5. Crops shall not be planted closer than 10 feet from the perimeter fence, access roads, and drainage ditches. 6. Crops shall not block the line of sight between runways (mid-point to mid-point) 7. Aerial application of oil based product of any kind is prohibited. Automated Weather Observation System(AWOS) sensors subject to contamination RFP Template 09.13.17 Page 1 of 2 8. All equipment and hay bales must be moved back adjacent to the nearest perimeter road at the end of each work day. 9. Cotton, Corn and Wheat are acceptable crops subject to harvesting prior to Bird migration season. Bird Migration season generally runs from Mid-February through May and early September through December. C.Grazing Land - Parcel 3 The grazing land as shown in Exhibit A is available for lease is approximately 28.73 acres; and is outside the boundaries of the Airport security fence. RFP Template 09.13.17 Page 2 of 2 CORPUS CHRISTI INTERNATIONAL AIRPORT _ Attachment B _ _ _ -_ iivn5.rvGiiWAx N t°LAN=51 u�+oma••__ r'— Exhibit A AIRPORT SECURITY PERIMETER FENCE Map of Premises PARCEL No.i i 354692.35 ACRES(Airport Inside Securely Perimeter Fence) 221.65 AC ¢ PARCEL No.2 590.46 ACRES(Airport Outside Security Perimeter Fence) U PARCEL No.3 �-- 1 N 28.73 ACRES(Airport Outside S—rity Perimeter Fence) NOTE: $ y 267.41 AC A 10 Feet WIDE SECTION ALONG CCIA PERIMETER ROAD,DRAINAGE SYSTEM,AND AOA FENCE SHALL BE CLEARED FROM FARMING ACTIVITIES AND MAINTAINED TO PROVIDE ACCESS FOR CCIA PERSONNEL L - AND EQUIPMENT. 91.65 AC 28.73 AC A 1 212.84 AC c oar AC ..'17797AE - 71.64 AGI �c�r tri CC nrPARTulFNTOFAVIATION EXHIBIT A FS _ PARCELS No,1,2&3 oo a_oMs CORPUS CHRISTI n��xa.«n Page 1 of INTERNATIONAL AIRPORT 2018 rori Attachment B Exhibit B Map of Premises: Drainage Ditch Layout BOOM 750151111 0141I 717M 7M111 719135 24" o 16 MW ism ' 705!5051011 4 NAM y� NMI T 1M197\P ' a ro1117710 75�5.ns11 II Iwo ,ate 7 u �OITU SE 115471 `7 , IQAA7G — 7[f71474Y14 WOO 7000l5MH � � f i j 211142 + 7o0Y4b3p i 75OMW min Min 7U115 in �Ilt 9a1T17 ;'� t119ta 7 711410 WN MIN NMI, 711151 \4y EXISTING DRAINAGE DITCH Layout (With Unfarmed Setback Areas) Area=366,80 acres RFP Template 09.13.17 Page 2 of 3 . . . , . . . . . ■ . . . | . . . . @ . . . � . . � �- ��` / y ` • - �\< � � . F - \ . yr . . . . , . - ■- -..- . Attachment C Insurance Requirements 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 subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and 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. Broad Form Property Damage 7. Personal Injury RFP Template 09.13.17 Page 1 of 3 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; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and RFP Template 09.13.17 Page 2 of 3 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, 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. Grazing and Farm Land Lease Insurance Requirements 01/18/2018 sw Risk Management RFP Template 09.13.17 Page 3 of 3 FARM LEASE AGREEMENT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This farm lease agreement ("Lease") is entered into this by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), and S & S Farms Partnership ("Lessee"), a Texas general partnership, in consideration of the mutual covenants contained in this Lease. 1. PREMISES. The City leases to Lessee 590.46 acres (the "Premises"), portions of the land outside the airport perimeter fence, west of Kelly Ditch, east of Highway 53, and north of Old Brownsville Road, running near adjacent to the eastern and south-eastern portions of the airport perimeter fence, Bear Lane, FM 763, and the drainage ditch adjacent to the southeast portion of the perimeter fence, excluding a ten-foot section along the airport perimeter fence and drainage system, more particularly described as shown as Parcel No. 2 on the map referenced as "Attachment B", which is attached to this Lease and incorporated by reference in this Lease as if it were set out here in its entirety. The Premises is limited to the description provided in and the restrictions shown in "Attachment A," which is attached to this Lease and incorporated by reference in this Lease as if it were set out here in its entirety. 2. PURPOSE. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize the Premises for the farming of crops and for no other purpose. The use of the Premises shall be limited as laid out in this Lease and as shown in Attachment A. The Lessee shall use the Premises in accordance with "Exhibit 1," the Request for Proposals (RFP) No. 1507, and "Exhibit 2," the Lessee's submitted proposal, which exhibits are incorporated by reference in this Lease as if set out here in their entirety. 3. LEASE TERM. This Lease is for a five-year term beginning October 1St, 2018, and ending at midnight on September 30th, 2023, subject to prior termination as set out in this Lease. For annual lease payment purposes, October 1 of every succeeding calendar year following the execution of this Lease is deemed the anniversary date of the Lease ("Anniversary Date"). The Lease may be renewed for one additional three-year term upon agreement of the Parties. If the Lease is renewed, the Lease Payment, as defined below, will be adjusted upward by the percentage change in the Consumer Price Index- All Urban Consumers (CPI-U) for the Houston-The Woodlands-Sugarland, TX area- All Items, during the one-year period immediately preceding the most recent available information at the time of such renewal, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or of any revised or successor index hereafter published by the Bureau of Labor Statistics. 4. LEASE PAYMENT. A. Upon Lessee's execution of this Lease and the City Council's approval, Lessee must pay the City an annual lease payment of $64,950.6 which is based on 110 per acre x 590.46 acres ("Lease Payment"). Any one-time bonus payment that was included in a bid by Lessee and accepted as consideration for this Lease must also be remitted with the initial Lease Payment. The Lease Payment is due at the beginning of the Lease and on or before each Anniversary Date. B. The Lease Payment must be delivered or mailed to: City of Corpus Christi Department of Aviation A/R 1000 International Drive Corpus Christi, Texas 78406 C. Lease Payments are not refundable if this Lease is terminated prior to completion of its full five-year term. D. In the event Lessee holds over beyond the expiration of the term herein provided with the consent, express or implied, of the City, any such holdover is a tenancy at sufferance and such holdover period will only be from month-to-month and subject to the conditions of this Lease. Lessee acknowledges and agrees in advance that any such holdover does not constitute a renewal of this Lease, and any holdover period is subject to Lessee's payment of a monthly rental amount equal to 1/12 of the last annual Lease Payment. 5. 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, UPON LESSEE'S REQUEST PRIOR TO THE EXECUTION OF THIS LEASE, 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, IF ANY, EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE OF THIS LEASE 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 TO SUCH STRUCTURES AND IMPROVEMENTS. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON LESSEE'S EXAMINATION OF THE SAME. D. THE CITY, HAVING FEE SIMPLE RIGHTS TO THIS LAND, DOES NOT WARRANT ITS TITLE TO THE PREMISES AND DOES NOT GUARANTEE LESSEE'S QUIET POSSESSION OF SAME. LESSEE ACKNOWLEDGES AND IS AWARE THAT THE PREMISES IS CONTAINED WITHIN A LARGER AREA OF LAND OWNED BY THE CITY AND CURRENTLY USED FOR ACTIVE AIRPORT OPERATIONS AND RELATED PURPOSES. THIS LEASE 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. LESSEE ACKNOWLEDGES THAT LESSOR DOES NOT OWN ALL MINERAL AND GAS RIGHTS TO THE PREMISES, AND LESSEE IS SUBJECT TO ANY EXPLORATORY AND PRODUCTION RIGHTS OF THE MINERAL OWNERS AND WHICH COULD PRODUCE DAMAGES TO LESSEE'S LEASEHOLD. NOTHING CONTAINED IN THIS Page 2 of 16 LEASE MAY BE CONSTRUED TO IMPLY THE CONVEYANCE TO LESSEE OF RIGHTS IN THE PREMISES THAT EXCEED THOSE OWNED BY THE CITY. E. THE PROVISIONS OF THIS SECTION 5 SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 6. USE AND MAINTENANCE. A. Lessee shall use the Premises for agricultural purposes only and cannot make any other use of the Premises without the prior written consent of the City. Lessee shall take good care of the Premises and its appurtenances and suffer no waste. Lessee shall keep the Premises in good repair at Lessee's own expense. Lessee shall observe and obey all applicable federal, state, and local laws, rules, and regulations and all rules set out by the City for the operation of the Premises. At the expiration of this Lease, Lessee shall surrender the Premises in as good condition as the same are now in, natural wear and tear and damage from the elements only accepted. Lessee will not permit any alcoholic beverages on the Premises. Lessee agrees to conduct all of Lessee's operations on the leased premises in a reasonable, efficient and prudent manner. B. In compliance with the Federal Aviation Administration ("FAA") restriction on the types of crops grown on the Airport and pursuant to Section 18 herein,except as provided in Attachment A, Lessee shall not plant sunflower, seeded crops or cereal grain crops on the Premises. Lessee may not construct any improvements on the Premises. Lessee may not use the Premises for storage of equipment or supplies C. Without limiting the foregoing, Lessee specifically agrees: 1) Chemical Notification. The use of all agricultural chemicals, fertilizers, and pesticides will be in a lawful, safe, and a prudent manner. The City's Director of Aviation or designee ("Aviation Director') will determine and approve the time and place any aerial or ground chemicals, fertilizers, and pesticides will be used due to the proximity of the airport and its employees and the public. Under normal circumstances, the notice of intent to use agricultural chemicals, fertilizers and pesticides must be provided in writing no less than five business days prior to use and addressed to: City of Corpus Christi Director of Aviation 1000 International Drive Corpus Christi, TX 78406 Fax: (361)-826-4533 In the event of crop destruction due to midge insects and under an emergency situation only, Lessee will be allowed to, instead, give a 24-hour notice of crop spraying to the Aviation Director by calling (361)-289-0171. 2) Growth Control. Lessee will prevent the growth of and keep the Premises (including cultivated fields, turn rows, ditches, fence rows, and lands adjacent to the Premises) free from Johnson grass, Bermuda grass, cockleburs, burdock plants, and other noxious weeds and undesirable vegetation, and keep the cultivated portion of the Premises free from all sprouts and stumps. 7. REQUIRED MODIFICATION OR AMENDMENT OF LEASE. If the FAA or its successor requires modifications or amendments to this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the modifications or amendments to this Lease as may be Page 3 of 16 reasonably required for the City to obtain the funds; provided, however, that Lessee will not be required to pay increased Lease Payments, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that is mutually satisfactory to all parties regarding any terms or conditions of this Lease affected by said required actions. 8. FEES, TAXES & UTILITIES. Lessee shall pay, if applicable to Lessee's leasehold interest and Lessee's use and business operations at the Premises, all ad valorem taxes, personal property taxes, licenses, utility fees and charges, and all other fees and taxes required to be paid during this Lease. Lessee shall pay, at its sole cost and expense, all taxes, fees, utilities, and charges on or prior to the due date. Within three business days of approval of this Lease and remittance of the initial Lease Payment, Lessee shall ensure that the water utility account and any electrical account, if electricity is available and connected at the Premises, and all other utility account(s) for the Premises are transferred and/or set up in the Lessee's name and all required deposits paid. Payment by Lessee of all utility charges must be timely paid when such charges become due and are not permitted to become delinquent at any time during the term of the Lease. 9. SUBORDINATION TO U.S. AND FAA REQUIREMENTS. This Lease is subordinate to the provisions of any existing or future agreement between the City and the government of the United States relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 9 or under Section 7 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the value of the Premises, then this Lease shall terminate immediately without any further obligation on part of City to Lessee. 10. RECORDKEEPING. Lessee will keep an accurate book of accounts regarding all business matters pertaining to the cultivation of the Premises, and these account books must be open to inspection by the Aviation Director upon reasonable demand during the City's normal business hours. 11. INSURANCE. A. Coverages. Lessee must obtain and keep in force during the term of this Lease insurance policy or policies in the amounts and with the types of insurance coverages set out in the attached "Attachment C," which attachment is incorporated by reference as if fully set out here in its entirety. B. Failure of Lessee. Failure of Lessee to procure and maintain in force the required insurance coverages constitutes a material breach of the Lease upon which the City may immediately terminate this Lease if Lessee does not furnish proof of the required insurance coverages to the City within 10 days of written notice to Lessee. C. Insurance Coverage Adjustments. The types and amounts of insurance coverage specified in the Lease is subject to adjustment by the City's Risk Manager on the Anniversary Date of the Lease. Notice of any such required adjustment(s) will be provided to Lessee not less than 30 days prior to the Anniversary Date. 12. FINANCING. The City recognizes that Lessee may borrow funds for agricultural purposes, or for other purposes, secured by a first lien security interest in Lessee's leasehold estate in the Premises. The fee simple estate of City in the surface estate, burdened by Lessee's leasehold estate, must not be subject to any liens, and any security lien instrument to which Lessee is a party must contain the following language, or other similar language approved in advance by the City Attorney: Page 4 of 16 "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Lessee created under that certain Lease effective on October 1, 2018, by and between the City of Corpus Christi and Lessee, and that this instrument does not affect the fee simple interest in the Premises owned by the City of Corpus Christi. In the event of any foreclosure by any lender of a lien or liens on the Lessee's leasehold estate in the Premises or Lessee's improvements, if any, such lender or other purchaser at foreclosure, its successors and assigns, will succeed to all rights, privileges, and duties of Lessee including, without limitation, the duty to pay rent." 13. DAMAGE TO CITY OR FRANCHISEE IMPROVEMENTS. Lessee must pay for all damages to any City or franchisee utility lines and equipment located on the Premises caused by Lessee's farming and agricultural operations and must replace all lines or equipment injured or destroyed as a result of Lessee's farming and agricultural operations. If damage occurs to any gas, storm, wastewater, or water line ("City Improvements"), or to any City equipment located on the Premises, the City's representative will determine the extent of damage and amount of repairs and/or replacement needed to the City Improvements, and, as determined by the City's representative, a City gas, storm, wastewater, or water division crew will be brought in and immediately allowed to make all necessary repairs and/or replacements. For purposes of calculating time, a half-day of four hours or more constitutes a whole working day; any work time in excess of eight hours a day or which occurs on a Saturday, Sunday, or a holiday will be calculated at a daily rate of$53.77 an hour. An additional fee will be due for the cost of a City inspector at a daily rate of $286.80 for any portion of a day spent inspecting construction, maintenance, repair, replacement, or relocation of said utility lines and equipment pursuant to this paragraph. A franchisee whose franchisee improvements are damaged will follow the same process as set out for damage to City Improvements. All costs incurred by City (including labor and materials) associated with the repairs and/or replacement of the lines and equipment must be paid by Lessee. 14. ASSIGNMENT AND SUBLEASING. Lessee shall not at any time, without the express prior written consent of the City Manager, assign, sublease, or transfer, or permit or participate in any assignment, sublease, or transfer, of this Lease or any of the rights, powers, or privileges granted under this Lease. Consent to an assignment or sublease shall not be unreasonably withheld by City. In the event of an approved assignment or sublease, Lessee shall notify any assignee or sublessee that they shall be liable under all terms, conditions, and obligations of this Lease. Lessee further acknowledges and agrees that, notwithstanding any approved assignment or sublease, Lessee shall also remain liable under all terms, conditions, and obligations of the Lease unless released in writing by the City Manager. 15. HUNTING. This Lease does not grant Lessee any rights to hunt on the Premises, and Lessee may not hunt nor allow any other party to hunt on the Premises without the express written consent of the City Manager. 16. SECURITY. A. Lessee, its officers, employees, agents, contractors, and invitees must comply with all applicable federal and local security regulations, as the same may be amended. To the extent allowed by law, Lessee covenants to indemnify and hold harmless City, its officers, and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Transportation Security Administration by reason of the negligent or intentional failure of Lessee, its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whether the fine, charge, or penalty is levied against the City or the Lessee. B. Each of Lessee's employees needing access to a restricted area (including the area outlined in Section 17 of this Lease) must wear a security badge while in the restricted area. Lessee will Page 5 of 16 pay an issuance fee for each badge and a replacement fee for each lost security badge. The Aviation Director may also require the payment of a reasonable deposit fee for each security badge issued consistent with fees charged to other tenants at the Airport. Lessee must notify the Aviation Director immediately after any employee of Lessee who was issued a security badge is terminated or loses a badge. Lessee and Lessee's employees must comply with all City and federal security regulations and requirements. 17. ACCESS TO AIRCRAFT OPERATING AREA. A. Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees must comply with all present and future laws, rules, regulations, and ordinances promulgated by the City, the Airport, the federal Transportation Security Administration ("TSA"), the FAA, or other governmental agencies to protect the security and integrity of the Airport's aircraft operating area ("AOA"), as shown on the attached "Attachment B", which is incorporated in this Lease as if fully set out herein. Subject to the approval of the Aviation Director, Lessee must adopt procedures to control and limit access to the AOA by Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees in accordance with all present and future City, Airport, TSA, and FAA laws, rules, regulations, and ordinances. B. Lessee must pay all FAA and TSA fines associated with security breaches or infractions committed by Lessee's employees, agents, contractors, suppliers, and business invitees in the AOA, regardless of whether the fine is assessed to the City or the Airport, as set out in the City Code of Ordinances, Sec. 9-31. C. Lessee agrees to indemnify, hold harmless, and defend the City, its officers, employees, agents, and representatives against the risk of legal liability for death, injury, or damage to persons or property, direct or consequential, arising from entry of persons into the AOA where permitted, allowed, or otherwise made possible by Lessee, its employees, contractors, suppliers of materials, furnishers of services, business invitees, agents, or any other person under the direction of Lessee in violation of City, Airport, TSA, and FAA laws, rules, regulations, or ordinances or Lessee's approved procedures for controlling access to the AOA. D. Lessee will have access to the Premises, subject to compliance with all applicable Airport, TSA, and FAA security procedures. Movement of all persons in the AOA and Premises must be cleared in accordance with Airport, TSA, and FAA rules and regulations. Lessee is primarily responsible for opening and closing any security gates and doors permitting access between the Premises and the AOA. E. No vehicles owned or operated by Lessee may operate within the movement or non- movement areas of the AOA except those in compliance with Airport, TSA, and FAA rules and regulations. 18. OPERATION WITHIN AIRPORT CERTIFICATION. Lessee must comply with all rules that are applicable to its operations at the Airport under the Airport Certification Rules of the Federal Aviation Regulations ("FAR"), Part 139, as amended [14 CFR Part 139, as amended]. 19. FEDERAL CODE REQUIREMENTS FOR EQUIPMENT USE. Lessee covenants to comply with the notification and review requirements set out in the FAR, Part 77, as amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its operation that requires notification as outlined in this regulation. Page 6 of 16 20. CONTROL OF STRUCTURES AND EQUIPMENT. Lessee shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and the City as a height limitation on said structure, antenna, building, or object. The City may enter the Premises and remove the encroaching structure, antenna, building, or object without notice and at Lessee's expense plus an additional administrative charge of fifteen percent (15%). 21. AERIAL APPROACHES. The Aviation Director may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. 22. RIGHT OF OVERFLIGHT. The City hereby reserves, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises together with the right to cause in the airspace noise as may be inherent in the operation of aircraft now known or hereafter used for navigation thereof or flight in the air, and using the airspace for landing at or taking off from, or operating on, the Airport. 23. HAZARDOUS SUBSTANCES. A. For the purposes of this Lease, "hazardous substance or material" means and refers to one or more of the following: 1) Asbestos; 2) Any substance, material or waste defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act(42 U.S.C. Section 6901, et. seq.); 3) Any substance, material or waste defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601, et. seq.); 4)Any substance, material or waste defined as a "regulated substance" pursuant to Subchapter IX of the Solid Waste Disposal Act(42 U.S.C. Section 6991, et. seq.); and 5) Any substance, material or waste which is reasonably considered by the City to pose an actual or potential threat to persons or property in, around, or on the Premises. B. Lessee shall comply with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises and improvements including, but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, Lessee must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances, materials, or waste on or near the Premises without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill or deposit of a hazardous substance or regulated substance has occurred or is occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or other property upon the Premises or the Airport, Lessee must immediately notify by oral report in person or by telephone, to be promptly confirmed in writing, the Aviation Director as required by Page 7 of 16 law or regulation. Lessee must cooperate fully with the Aviation Director in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or threat of release of a hazardous or regulated substance into the drainage system, soil, ground or surface water, waters, or atmosphere in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. D. Lessee shall keep a readily accessible file of Materials Safety Data Sheets ("MSDS") for each hazardous material or substance on the Premises or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to a report of a discharge of a hazardous substance or material on the Premises. Lessee will require any operator of the facilities on the Premises to use best efforts to determine which hazardous substance or material was accidentally discharged and ensure that the MSDS sheet is available for the first responders to the Premises. E. Lessee will cause prompt remediation and the payment of all costs associated with any action or inaction of Lessee that directly or indirectly prevents the City, acting through the Airport, from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to the Premises. The rights and obligations set forth in this section shall survive the expiration or earlier termination of this Lease. F. Lessee shall furnish to the Aviation Director, within five days of receipt by Lessee, copies of any and all notices or correspondence directed to Lessee or any other party at the Premises from any governmental entity, other entity, or person indicating a violation or possible violation of any laws, rules, or regulations including, without limitation, any law, rule, or regulation regarding hazardous materials or substances (as such term is defined in this Lease). 24. NO DEBTS. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. 25. NON-DISCRIMINATION/AFFIRMATIVE ACTION A. Nondiscrimination—General. Lessee for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Lessee will cause to the best of its ability the Premises and Improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. B. Nondiscrimination—Business Owner. This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees to include the above statements in any subsequent concession agreement or contract covered by Page 8 of 16 49 CFR Part 23 that it enters and causes those businesses to similarly include the statements in further agreements. C. Remedy for Breach. If the Lessee is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to deliberately breach a non-discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Premises, retake possession thereof, and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action. Lessee shall cause to be implemented an affirmative action program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E; (ii) that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart; (iii) that third parties otherwise retained by Lessee shall provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub-organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at no expense to the City, shall comply with any applicable requirements of the Americans with Disabilities (ADA) as it may be amended, with respect to the Premises and its improvements. 26. NOTICES. A. All notices, demands, requests or replies provided for or permitted by this Lease must be in writing and delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the U.S. Postal Service as certified mail, return receipt requested, postage prepaid; or (3) by deposit with an overnight express delivery service, and sent to the following address: If to City: City of Corpus Christi Aviation Director 1000 International Drive Corpus Christi, TX 78406 Phone: (361)-289-0171 If to Lessee: S & S Farms Partnership Attn: Shane Suggs Address: 2475 C.R. 69 Robstown, Texas 78380 Phone: (361)-816-8811 B. Notice deposited with the U.S. Postal Service in the manner described above will be deemed effective two business days after deposit, postage prepaid. Notice by overnight express delivery service will be deemed effective one business day after delivery to the overnight express carrier, with proof of receipt. C. Either party may notify the other, in the manner described above, of a change of address. Any such change of address must be sent within 10 days of the effective date of the change. 27. INDEMNITY. LESSEE WILL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS Page 9 of 16 OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER WHICH MAY ARISE OUT OF OR IN ANY MANNER BE CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH, THE PERFORMANCE OF THIS LEASE BY LESSEE. LESSEE SHALL, AT LESSEE'S OWN COST AND EXPENSE, INVESTIGATE ALL SUCH CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, PAY ALL CHARGES OF ATTORNEYS, AND PAY ALL OTHER COSTS AND EXPENSES OF ANY KIND, INCLUDING EXPERT WITNESS FEES, ARISING FROM ANY SUCH LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS. 28. DEFAULT AND TERMINATION. A. If Lessee defaults in performance of any of the promises or covenants contained herein, City may terminate this Lease following written notice to Lessee of the default and a reasonable opportunity to cure. Upon the occurrence of any uncured event of default, the City may, at its option, in addition to any other remedy or right given hereunder or by law, give notice to Lessee that this Lease terminates upon the date specified in the notice. Once terminated, the City has the right, without further notice to Lessee, to re-enter the Premises and remove all persons therefrom without being deemed guilty in any manner of trespass and also without prejudice to any remedies against Lessee for arrears of rent or breach of covenant. B. In the event that any rent is due and unpaid under the Lease, the City may resume possession of the Premises and relet the same for the remainder of this Lease term at the best rent the City may obtain, for the account of the Lessee, who must pay any resulting deficiency; and the City will have a lien as security upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools, and other personal property which are located or were placed on the Premises, which lien is cumulative of and in addition to any statutory landlord's lien created by law. C. In the event Lessee has paid the full cash rent at the start of the Lease or any applicable annual Anniversary Date, Lessee shall have the right to harvest any existing crops that have been planted prior to the termination of the Lease. D. The failure of City or Lessee to insist on strict performance of any of the terms, covenants, or conditions of this Lease is not a waiver of any right or remedy that City or Lessee may have and is not a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter nor is deemed to be a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 29. REMOVAL OF PERSONAL PROPERTY. It is Lessee's responsibility to remove its personal property of every kind and type from the Premises prior to termination or expiration of the Lease. Lessee agrees that any personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes the City's property without any further notice, action, or process of law for disposition by the City as the City deems appropriate in the City Manager's sole discretion, without compensation to Lessee. Lessee shall also be invoiced for the City's costs to remove Lessee's personal property from the Premises after termination or expiration of the Lease, and Lessee shall pay the invoice within 30 days of receipt. 30. CONDITION OF PROPERTY UPON EXPIRATION OR TERMINATION. Lessee covenants and agrees that, upon expiration or any earlier termination of this Lease, however caused, Lessee shall quit Page 10 of 16 and surrender the Premises and perform all repairs reasonably necessary to restore the Premises to the same condition it was in at the time this Lease was entered into, reasonable wear and tear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. 31. RIGHTS OF THE CITY. A. The City reserves the right to sell, use, or lease for a governmental or public use different from the present use all or any part of the Premises at any time during the term of this Lease. Should the Premises be sold, used, or leased before expiration of this Lease and the purchaser or lessee is not willing to take the property subject to this Lease and demands immediate possession, then the Lessee agrees to vacate within 30 days following receipt of the notice to vacate. Should it become necessary for Lessee to vacate in case of a sale or lease, then, the City will pay Lessee, for the Premises or portion thereof vacated, the following amounts, to-wit: a proportionate share of the then-applicable annual Lease Payment paid, which share is determined by dividing (i) the number of days of the term remaining after vacation by Lessee by (ii) the total number of days in the term, and multiplying the resulting percentage by the annual Lease Payment amount paid by Lessee. B. The City reserves and excepts from this Lease those easements reasonably necessary for the purpose of assigning, exploring, prospecting, mining, drilling, developing, producing, saving, transporting, storing, treating, removing, and owning the reserved minerals and oil and gas in the Premises to the extent such easements are implied under Texas common law to allow access to severed estates. C. 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. D. It is understood and agreed by Lessee that the City retains sole authority to negotiate settlement of any and all claims for damage by reason of activities in connection with the operation, development, and exploration for oil, gas, and other minerals on the Premises. Lessee shall promptly notify the City of any and all damages to the Premises and/or crops growing thereon that may be occasioned by operation, development, or exploration for oil, gas, or other minerals, or that may be occasioned by any other activity during the Lease term, which Lessee observes, learns of, or has reason to be made aware of any such damage. E. The City, by and through its officials, officers, employees, and agents, has the right at all times during the Lease term to ingress and egress to the Premises for the purpose of conducting any business incident to the activities of the City and for purposes of inspection, repair, fire or police action, and enforcement of the terms of this Lease, and includes the regular and necessary operation of vehicles and equipment on the shared roadways bisecting and crossing the Premises. 32. CONDEMNATION. If the whole or a substantial part of the Premises are taken or condemned by the City, or any entity with legal authority to exercise eminent domain rights, for any public use or purpose, then and in that event, the term of this Lease shall cease and terminate from the date when possession of the part or whole so taken or condemned is required for such use or purpose. If less than a substantial part of the Premises are taken or condemned by the City and, as a result thereof, Lessee believes the ability to continue the purpose of this Lease has been eliminated, the question of a possible partial Lease Payment refund, if any, may be submitted in writing by Lessee to the City for consideration. Page 11 of 16 33. DISCLOSURE OF INTERESTS AND STATE OF TEXAS FORMS. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Lease contract. Lessee agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Lease contract. For more information, please review the information on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Lessee also 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, as Lessee, 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. 34. MODIFICATIONS. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing and signed by a person authorized to sign lease agreements on behalf of each respective party. 35. COMPLIANCE WITH LAWS. A. General. Lessee covenants to promptly observe, comply with and execute, and shall cause any sublessee to promptly observe, comply with and execute, the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not remedied within any permitted cure period, may be cause for City's exercising its rights under the Lease. During any period of Lessee's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction, Lessee's inaction shall not be deemed a breach of this Lease. B. Federal. Lessee shall comply and shall require any sublessee to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts the U.S. Congress passes that apply to the uses and operations at the Premises. C. State. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. D. Local. Lessee shall comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. 36. RELATIONSHIP OF THE 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. 37. GENERAL PROVISIONS. A. Mineral Rights. The City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises in which it holds an interest and reserves the right to conduct or provide for testing and removal of any such City-owned water, gas, oil, or minerals from the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive City's or Lessee's right thereafter to declare a forfeiture for like or other or succeeding breach or default. Page 12 of 16 C. Force Majeure. Neither City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations under this Lease by reason of force majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God to include severe inclement weather and sustained periods of rain or snow, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform and claiming the force majeure. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Lessee pursuant to this Lease and the obligation of City to deliver the Premises. D. Rules and Regulations. Lessor has adopted minimum operational standards ("Minimum Standards") and rules and regulations ("Rules and Regulations"), which shall govern Lessee in the use of the Premises and all common facilities, a copy of each of which has been furnished to the Lessee and are incorporated herein by reference. Lessee agrees to comply fully at all times with these governing documents. Lessor, in its sole discretion, shall have the right to amend, modify, and alter these Minimum Standards and Rules and Regulations from time to time in a reasonable manner and may introduce other regulations as deemed necessary for the purpose of assuring the safety, welfare, convenience, and protection of property of Lessor, Lessee, and all other tenants and customers of the Airport; provided, however, that Lessor shall give Lessee reasonable advance notice of any such amendments, modifications, or alternations of the Minimum Standards and Rules and Regulations. E. Venue. Venue for any action brought under this Lease lies in Nueces County, Texas, where the Lease was executed and will be performed. F. No Third Party Benefit. No provision of this Lease creates a third party claim against the City or the Lessee beyond that which may legally exist in the absence of any such provision. G. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses, pay all charges, fees, and taxes including, but not limited to, all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Internal Revenue Circular E "Employer's Tax Guide," Publication 15, as it may be amended, and give all notices and respond to all communications that are necessary and incident to the due and lawful conduct of business at and occupancy of the Premises by Lessee. Lessee must provide proof of payment of any tax within 10 days after the City Manager's written request for the same. H. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises; must provide and use suitable, sealed fireproof receptacles approved by the Aviation Director for all trash and other refuse generated by the use of the Premises; must prohibit the piling of boxes, barrels, or other similar items in or within view from a public area; and must pay, or cause to be paid, the costs associated with trash removal and disposal. I. Delegation. Any obligations of the Lessee required by this Lease may be delegated to any approved sublessee by the terms of the sublease agreement between the parties, provided, however, that any such delegation shall not relieve Lessee of its liability, responsibilities, and obligations under this Lease. J. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease as required by the City Charter. Page 13 of 16 38. SEVERABILITY. 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. 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. 39. BINDING AGREEMENT. It is mutually understood and agreed that the covenants, conditions, and provisions contained in this Lease to be performed by the respective parties are binding on the parties and their respective successors, assigns, and heirs. 40. ENTIRETY CLAUSE. This Lease and the exhibits incorporated and attached hereto constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's use of the Premises. Executed in triplicate by the parties. By Lessee's execution below, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City Council and executed by the City Manager or designee. [SIGNATURE PAGE TO FOLLOW) Page 14 of 16 LESSOR: CITY OF CORPUS CHRISTI ATTEST: Sylvia Carrillo Rebecca Huerta Assistant City Manager City Secretary APPROVED AS TO LEGAL FORM: 120—. MILES RISLEY, CITY ATTORNEY Assistant City Attorney LESSEE: Scott Ordner, Partner Date Shane Suggs, Partner Date Nova Ordner, Partner Date Lisa Suggs, Partner Date THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of , 2018, by Scott Ordner. Notary Public Page 15 of 16 THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of 2018, by Shane Suggs. Notary Public THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of 2018, by Nova Ordner. Notary Public THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of 2018, by Lisa Suggs. Notary Public Attached and Incorporated by Reference: Attachment A- Scope of Lease Attachment B- Map of Premises Attachment C - Insurance Requirements Incorporated by Reference Only: Exhibit 1: RFP No. 1507 Exhibit 2: Lessee's Submitted Proposal Page 16 of 16 Attachment A Scope of Lease 1.1. General Requirements The Corpus Christi International Airport (CCIA) possess agricultural and grazing land, which is located at 1000 International Drive, Corpus Christi, Texas. A significant portion of land remains unimproved and available for agricultural and grazing use. 1.2. Scope of Lease The Corpus Christi International Airport possess 1 ,31 1 .54 acres of land on airport property, which is available for lease. Out of 1 ,31 1 .54 acres, approximately 1 ,282.81 acres is available for agricultural and approximately 28.73 is available for cattle grazing. Parcel description shown in Exhibit A, Drainage ditch layout shown in Exhibit B, and Airport Operating Area(AOA) shown in Exhibit C. A.Farm land The Farm Land is divided between two parcels. 1 . Parcel 1 The first parcel as shown in Exhibit A is approximately 692.35 acres of land and all acres of land are within the boundaries of the Airport security fence and will require security backgrounds checks, airport badges and training in accordance with TSA rules and regulations to access. The first parcel of land will also require the lessee to undergo airport driver training in accordance with Federal Aviation Administration rules and regulations. 2. Parcel 2 The second parcel as shown in Exhibit A is approximately 590.46 acres of land and all the acres are outside the boundaries of Airport security fence. B. Farm Land Lease Restriction 1 . No crops shall be allowed along the side of runway 13-31 closer than 530' from the runway centerline 2. No crops shall be allowed along the side of runway 18-36 closer than 530' from the runway centerline. 3. No crops shall be allowed in the runway approach areas closer than 1000' from the runway end. 4. No crops shall be allowed within 130' of the taxiway centerline. 5. Crops shall not be planted closer than 10 feet from the perimeter fence, access roads, and drainage ditches. 6. Crops shall not block the line of sight between runways (mid-point to mid-point) 7. Aerial application of oil based product of any kind is prohibited. Automated Weather Observation System(AWOS) sensors subject to contamination RFP Template 09.13.17 Page 1 of 2 8. All equipment and hay bales must be moved back adjacent to the nearest perimeter road at the end of each work day. 9. Cotton, Corn and Wheat are acceptable crops subject to harvesting prior to Bird migration season. Bird Migration season generally runs from Mid-February through May and early September through December. C.Grazing Land - Parcel 3 The grazing land as shown in Exhibit A is available for lease is approximately 28.73 acres; and is outside the boundaries of the Airport security fence. RFP Template 09.13.17 Page 2 of 2 CORPUS CHRISTI INTERNATIONAL AIRPORT _ Attachment B _ _ _ -_ iivn5.rvGiiWAx N t°LAN=51 u�+oma••__ r'— Exhibit A AIRPORT SECURITY PERIMETER FENCE Map of Premises PARCEL No.i i 354 692.35 ACRES(Airport Inside Securely Perimeter Fence) 221.65 AC ¢ PARCEL No.2 590.46 ACRES(Airport Outside Security Perimeter Fence) U PARCEL No.3 �-- 1 N 28.73 ACRES(Airport Outside S—rity Perimeter Fence) NOTE: $ y 267.41 AC A 10 Feet WIDE SECTION ALONG CCIA PERIMETER ROAD,DRAINAGE SYSTEM,AND AOA FENCE SHALL BE CLEARED FROM FARMING ACTIVITIES AND MAINTAINED TO PROVIDE ACCESS FOR CCIA PERSONNEL L - AND EQUIPMENT. 91.65 AC 28.73 AC A 1 212.84 AC c oar AC ..'17797AE - 71.64 AGI �c�r tri CC nrPARTulFNTOFAVIATION EXHIBIT A FS _ PARCELS No,1,2&3 oMs CORPUS CHRISTI ���"`��"' _ Page f of INTERNATIONAL AIRPORT 2018 Iml Attachment B Exhibit B Map of Premises: Drainage Ditch Layout tp1, y I BOOM 7501511p W4 II ,5 717 2W u�rss 24" ,1615 ,. 111l1 M �11� NAM y� 71YR1, �T� lowp ' a ro661r510 25.TU Iwo ZOW OITU SE 115471 ` , IQAA7G - 161p1474Yl4 Orf 700a5Ma � � f mom mom i j 211142 ??6tM I]fPl6 236112 + 7oCt4b3p i lM112 �I ?20K W F3 O min 2XM in flit 1*711 t16it5 I1E10 X5161, 1!11!4 —_ 2KOU11 , NMI, 111151 \4y EXISTING DRAINAGE DITCH Layout (With Unfarmed Setback Areas) Area=366,80 acres RFP Template 09.13.17 Page 2 of 3 . . . , . . . . . ■ . . . | . . . . @ . w awl « y - m . m _ .. . ,� \ AIA 64 / / \ • — �\< � � e� � \ , . � � . . . , . - ■- -..- . Attachment C Insurance Requirements 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 subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and 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. Broad Form Property Damage 7. Personal Injury RFP Template 09.13.17 Page 1 of 3 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; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and RFP Template 09.13.17 Page 2 of 3 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, 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. Grazing and Farm Land Lease Insurance Requirements 01/18/2018 sw Risk Management RFP Template 09.13.17 Page 3 of 3 GRAZING LEASE AGREEMENT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This grazing lease agreement("Lease") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), and S & S Farms Partnership ("Lessee"), a Texas general partnership, in consideration of the mutual covenants contained in this Lease. 1. PREMISES. The City leases to Lessee 28.73 acres (the "Premises"), more particularly described as portions of ASSESSORS MAP 149 199.586 ACS OUT OF TR 6 and KELLY MARGARET LAND 15.901 ACS OUT TR 2, located near Kelly Ditch and FM 763, as shown as Parcel No. 3 in the map referenced as "Attachment B", which is attached to this Lease and incorporated by reference in this Lease as if it were set out here in its entirety. The Premises is limited to the description provided in and the restrictions shown in "Attachment A," which is attached to this Lease and incorporated by reference in this Lease as if it were set out here in its entirety. 2. PURPOSE. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize the Premises for the grazing of cattle and for no other purpose. The use of the Premises shall be limited as laid out in this Lease and as shown in Attachment A. The Lessee shall use the Premises in accordance with "Exhibit 1," the Request for Proposals (RFP) No. 1507 and "Exhibit 2," the Lessee's submitted proposal, which exhibits are incorporated by reference in this Lease as if set out here in their entirety. 3. LEASE TERM. This Lease is for a five-year term beginning October 1St, 2018, and ending at midnight on September 30th, 2023, subject to prior termination as set out in this Lease. For annual lease payment purposes, October 1 of every succeeding calendar year following the execution of this Lease is deemed the anniversary date of the Lease ("Anniversary Date"). The Lease may be renewed for one additional three-year term upon agreement of the Parties. If the Lease is renewed, the Lease Payment, as defined below, will be adjusted upward by the percentage change in the Consumer Price Index- All Urban Consumers (CPI-U) for the Houston-The Wood lands-Sugarland, TX area- All Items, during the one-year period immediately preceding the most recent available information at the time of such renewal, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or of any revised or successor index hereafter published by the Bureau of Labor Statistics. 4. LEASE PAYMENT. A. Upon Lessee's execution of this Lease and the City Council's approval, Lessee must pay the City an annual lease payment of $1005.55 which is based on 35 per acre x 28.73 acres ("Lease Payment'). Any one-time bonus payment that was included in a bid by Lessee and accepted as consideration for this Lease must also be remitted with the initial Lease Payment. The Lease Payment is due at the beginning of the Lease and on or before each Anniversary Date. B. The Lease Payment must be delivered or mailed to: City of Corpus Christi Department of Aviation A/R 1000 International Drive Corpus Christi, Texas 78406 C. Lease Payments are not refundable if this Lease is terminated prior to completion of its full five-year term. D. In the event Lessee holds over beyond the expiration of the term herein provided with the consent, express or implied, of the City, any such holdover is a tenancy at sufferance and such holdover period will only be from month-to-month and subject to the conditions of this Lease. Lessee acknowledges and agrees in advance that any such holdover does not constitute a renewal or extension of this Lease, and any holdover period is subject to Lessee's payment of a monthly rental amount equal to 1/12 of the last annual Lease Payment. Any holdover may be terminated at any time by the City or Lessee by giving 30 days prior written notice to the other party. 5. 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, UPON LESSEE'S REQUEST PRIOR TO THE EXECUTION OF THIS LEASE, 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, IF ANY, EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE OF THIS LEASE 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 TO SUCH STRUCTURES AND IMPROVEMENTS. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON LESSEE'S EXAMINATION OF THE SAME. D. THE CITY, HAVING FEE SIMPLE RIGHTS TO THIS LAND, DOES NOT WARRANT ITS TITLE TO THE PREMISES AND DOES NOT GUARANTEE LESSEE'S QUIET POSSESSION OF SAME. LESSEE ACKNOWLEDGES AND IS AWARE THAT THE PREMISES IS CONTAINED WITHIN A LARGER AREA OF LAND OWNED BY THE CITY AND CURRENTLY USED FOR ACTIVE AIRPORT OPERATIONS AND RELATED PURPOSES. THIS LEASE 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. LESSEE ACKNOWLEDGES THAT LESSOR DOES NOT OWN ALL MINERAL AND GAS RIGHTS TO THE PREMISES, AND LESSEE IS SUBJECT TO ANY EXPLORATORY AND PRODUCTION RIGHTS OF THE MINERAL OWNERS AND WHICH COULD PRODUCE DAMAGES TO LESSEE'S LEASEHOLD. NOTHING CONTAINED IN THIS LEASE MAY BE CONSTRUED TO IMPLY THE CONVEYANCE TO LESSEE OF RIGHTS IN THE PREMISES THAT EXCEED THOSE OWNED BY THE CITY. E. THE PROVISIONS OF THIS SECTION 5 SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 6. USE AND MAINTENANCE. Page 2 of 17 A. Lessee must use the Premises for the purposes of grazing cattle limited to the number of heads of cattle allowed per acre as established by the Texas Agricultural Extension Service, and for no other purpose without the express written consent of the City's Director of Aviation or designee ("Aviation Director"). Lessee may not construct any improvements on the Premises, except for fencing as required herein for containing cattle to be grazed on the Premises. Lessee may not use the Premises for storage of equipment or supplies. Lessee is permitted to place on the property any above-ground stock tanks for watering livestock and any feed bins necessary for grazing purposes so long as any tanks and bins are removed from the Premises upon the expiration or earlier termination of this Lease. Any such tanks and bins placed on the Premises remain the personal property of the Lessee at all times. No other personal property of Lessee may be placed or permitted to remain on the Premises without sufficient identification of the personal property and the prior written consent of the Contract Administrator. B. Lessee must, at his sole expense, construct if necessary and maintain a fence for the purpose of containing all cattle to be grazed on the Premises. Lessee agrees that at all times, cattle must be secured within the fenced area and not allowed to graze or wander outside the fenced area of the Premises, identified on the attached Attachment B. Upon discovery or notification of cattle that are not within the fenced area of the Premises, Lessee must immediately re-secure all cattle within the fenced area of the Premises at Lessee's own expense. The City retains the right to timely re-secure any cattle that are not within the fenced area of the Premises, as stated herein, and Lessee agrees to reimburse the City for its associated cost thereof plus 15% of said associated cost within 30 days of Lessee's receipt of written demand therefor by the City. C. Without limiting the foregoing, Lessee specifically agrees: 1) Chemical Notification. The use of all agricultural chemicals, fertilizers, and pesticides will be in a lawful, safe, and a prudent manner. The Aviation Director will determine and approve the time and place any aerial or ground chemicals, fertilizers, and pesticides will be used due to the proximity of the airport and its employees and the public. Under normal circumstances, the notice of intent to use agricultural chemicals, fertilizers and pesticides must be provided in writing no less than five business days prior to use and addressed to: City of Corpus Christi Director of Aviation 1000 International Drive Corpus Christi, TX 78406 Fax: (361)-826-4533 2) Growth Control. Lessee will prevent the growth of and keep the Premises (including cultivated fields, turn rows, ditches, fence rows, and lands adjacent to the Premises) free from Johnson grass, Bermuda grass, cockleburs, burdock plants, and other noxious weeds and undesirable vegetation, and keep the cultivated portion of the Premises free from all sprouts and stumps. 7. REQUIRED MODIFICATION OR AMENDMENT OF LEASE. If the FAA or its successor requires modifications or amendments to this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the modifications or amendments to this Lease as may be reasonably required for the City to obtain the funds; provided, however, that Lessee will not be required to pay increased Lease Payments, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that is mutually satisfactory to all parties regarding any terms or conditions of this Lease affected by said required actions. Page 3 of 17 8. FEES, TAXES & UTILITIES. Lessee shall pay, if applicable to Lessee's leasehold interest and Lessee's use and business operations at the Premises, all ad valorem taxes, personal property taxes, licenses, utility fees and charges, and all other fees and taxes required to be paid during this Lease. Lessee shall pay, at its sole cost and expense, all taxes, fees, utilities, and charges on or prior to the due date. Within three business days of approval of this Lease and remittance of the initial Lease Payment, Lessee shall ensure that the water utility account and any electrical account, if electricity is available and connected at the Premises, and all other utility account(s) for the Premises are transferred and/or set up in the Lessee's name and all required deposits paid. Payment by Lessee of all utility charges must be timely paid when such charges become due and are not permitted to become delinquent at any time during the term of the Lease. 9. SUBORDINATION TO U.S. AND FAA REQUIREMENTS. This Lease is subordinate to the provisions of any existing or future agreement between the City and the government of the United States relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 9 or under Section 7 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the value of the Premises, then this Lease shall terminate immediately without any further obligation on part of City to Lessee. 10. RECORDKEEPING. Lessee will keep an accurate book of accounts regarding all business matters pertaining to the use of the Premises, and these account books must be open to inspection by the Aviation Director upon reasonable demand during the City's normal business hours. 11. INSURANCE. A. Coverages. Lessee must obtain and keep in force during the term of this Lease insurance policy or policies in the amounts and with the types of insurance coverages set out in the attached "Attachment C," which exhibit is incorporated by reference as if fully set out here in its entirety. B. Failure of Lessee. Failure of Lessee to procure and maintain in force the required insurance coverages constitutes a material breach of the Lease upon which the City may immediately terminate this Lease if Lessee does not furnish proof of the required insurance coverages to the City within 10 days of written notice to Lessee. C. Insurance Coverage Adjustments. The types and amounts of insurance coverage specified in the Lease is subject to adjustment by the City's Risk Manager on the Anniversary Date of the Lease. Notice of any such required adjustment(s) will be provided to Lessee not less than 30 days prior to the Anniversary Date. 12. FINANCING. The City recognizes that Lessee may borrow funds for grazing purposes, or for other purposes, secured by a first lien security interest in Lessee's leasehold estate in the Premises. The fee simple estate of City in the surface estate, burdened by Lessee's leasehold estate, must not be subject to any liens, and any security lien instrument to which Lessee is a party must contain the following language, or other similar language approved in advance by the City Attorney: "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Lessee created under that certain Lease effective on October 1, 2018, by and between the City of Corpus Christi and Lessee, and that this instrument does not affect the fee simple interest in the Premises owned by the City of Corpus Christi. In the event of any foreclosure by any lender of a lien or liens on the Lessee's leasehold estate in the Premises or Lessee's improvements, if any, such lender or other Page 4 of 17 purchaser at foreclosure, its successors and assigns, will succeed to all rights, privileges, and duties of Lessee including, without limitation, the duty to pay rent." 13. DAMAGE TO CITY OR FRANCHISEE IMPROVEMENTS. Lessee must pay for all damages to any City or franchisee utility lines and equipment located on the Premises caused by Lessee's grazing operations and must replace all lines or equipment injured or destroyed as a result of Lessee's grazing operations. If damage occurs to any gas, storm, wastewater, or water line ("City Improvements"), or to any City equipment located on the Premises, the City's representative will determine the extent of damage and amount of repairs and/or replacement needed to the City Improvements, and, as determined by the City's representative, a City gas, storm, wastewater, or water division crew will be brought in and immediately allowed to make all necessary repairs and/or replacements. For purposes of calculating time, a half-day of four hours or more constitutes a whole working day; any work time in excess of eight hours a day or which occurs on a Saturday, Sunday, or a holiday will be calculated at a daily rate of $53.77 an hour. An additional fee will be due for the cost of a City inspector at a daily rate of$286.80 for any portion of a day spent inspecting construction, maintenance, repair, replacement, or relocation of said utility lines and equipment pursuant to this paragraph. A franchisee whose franchisee improvements are damaged will follow the same process as set out for damage to City Improvements. All costs incurred by City (including labor and materials) associated with the repairs and/or replacement of the lines and equipment must be paid by Lessee. 14. ASSIGNMENT AND SUBLEASING. Lessee shall not at anytime, without the express prior written consent of the City Manager, assign, sublease, or transfer, or permit or participate in any assignment, sublease, or transfer, of this Lease or any of the rights, powers, or privileges granted under this Lease. Consent to an assignment or sublease shall not be unreasonably withheld by City. In the event of an approved assignment or sublease, Lessee shall notify any assignee or sublessee that they shall be liable under all terms, conditions, and obligations of this Lease. Lessee further acknowledges and agrees that, notwithstanding any approved assignment or sublease, Lessee shall also remain liable under all terms, conditions, and obligations of the Lease unless released in writing by the City Manager. 15. HUNTING. This Lease does not grant Lessee any rights to hunt on the Premises, and Lessee may not hunt nor allow any other party to hunt on the Premises without the express written consent of the City Manager. 16. SECURITY. A. Lessee, its officers, employees, agents, contractors, and invitees must comply with all applicable federal and local security regulations, as the same may be amended. To the extent allowed by law, Lessee covenants to indemnify and hold harmless City, its officers, and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Transportation Security Administration by reason of the negligent or intentional failure of Lessee, its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whether the fine, charge, or penalty is levied against the City or the Lessee. B. Each of Lessee's employees needing access to a restricted area (including the area outlined in Section 17 of this Lease) must wear a security badge while in the restricted area. Lessee will pay an issuance fee for each badge and a replacement fee for each lost security badge. The Aviation Director may also require the payment of a reasonable deposit fee for each security badge issued consistent with fees charged to other tenants at the Airport. Lessee must notify the Aviation Director immediately after any employee of Lessee who was issued a security badge is terminated or loses a badge. Lessee and Lessee's employees must comply with all City and federal security regulations and requirements. Page 5 of 17 17. ACCESS TO AIRCRAFT OPERATING AREA. A. Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees must comply with all present and future laws, rules, regulations, and ordinances promulgated by the City, the Airport, the federal Transportation Security Administration ("TSA"), the FAA, or other governmental agencies to protect the security and integrity of the Airport's aircraft operating area ("AOA"), as shown on the attached "Attachment B", which is incorporated in this Lease as if fully set out herein. Subject to the approval of the Aviation Director, Lessee must adopt procedures to control and limit access to the AOA by Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees in accordance with all present and future City, Airport, TSA, and FAA laws, rules, regulations, and ordinances. B. Lessee must pay all FAA and TSA fines associated with security breaches or infractions committed by Lessee's employees, agents, contractors, suppliers, and business invitees in the AOA, regardless of whether the fine is assessed to the City or the Airport, as set out in the City Code of Ordinances, Sec. 9-31. C. Lessee agrees to indemnify, hold harmless, and defend the City, its officers, employees, agents, and representatives against the risk of legal liability for death, injury, or damage to persons or property, direct or consequential, arising from entry of persons into the AOA where permitted, allowed, or otherwise made possible by Lessee, its employees, contractors, suppliers of materials, furnishers of services, business invitees, agents, or any other person under the direction of Lessee in violation of City, Airport, TSA, and FAA laws, rules, regulations, or ordinances or Lessee's approved procedures for controlling access to the AOA. D. Lessee will have access to the Premises, subject to compliance with all applicable Airport, TSA, and FAA security procedures. Movement of all persons in the AOA and Premises must be cleared in accordance with Airport, TSA, and FAA rules and regulations. Lessee is primarily responsible for opening and closing any security gates and doors permitting access between the Premises and the AOA. E. No vehicles owned or operated by Lessee may operate within the movement or non-movement areas of the AOA except those in compliance with Airport, TSA, and FAA rules and regulations. 18. OPERATION WITHIN AIRPORT CERTIFICATION. Lessee must comply with all rules that are applicable to its operations at the Airport under the Airport Certification Rules of the Federal Aviation Regulations ("FAR"), Part 139, as amended [14 CFR Part 139, as amended]. 19. FEDERAL CODE REQUIREMENTS FOR EQUIPMENT USE. Lessee covenants to comply with the notification and review requirements set out in the FAR, Part 77, as amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its operation that requires notification as outlined in this regulation. 20. CONTROL OF STRUCTURES AND EQUIPMENT. Lessee shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and the City as a height limitation on said structure, antenna, building, or object. The City may enter the Premises and remove the encroaching structure, antenna, building, or object without notice and at Lessee's expense plus an additional administrative charge of fifteen percent (15%). Page 6 of 17 21. AERIAL APPROACHES. The Aviation Director may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. 22. RIGHT OF OVERFLIGHT. The City hereby reserves, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises together with the right to cause in the airspace noise as may be inherent in the operation of aircraft now known or hereafter used for navigation thereof or flight in the air, and using the airspace for landing at or taking off from, or operating on, the Airport. 23. HAZARDOUS SUBSTANCES. A. For the purposes of this Lease, "hazardous substance or material" means and refers to one or more of the following: 1) Asbestos; 2) Any substance, material or waste defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act(42 U.S.C. Section 6901, et. seq.); 3) Any substance, material or waste defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act(42 U.S.C. Section 9601, et. seq.); 4) Any substance, material or waste defined as a"regulated substance" pursuant to Subchapter IX of the Solid Waste Disposal Act (42 U.S.C. Section 6991, et. seq.); and 5) Any substance, material or waste which is reasonably considered by the City to pose an actual or potential threat to persons or property in, around, or on the Premises. B. Lessee shall comply with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises and improvements including, but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, Lessee must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances, materials, or waste on or near the Premises without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill or deposit of a hazardous substance or regulated substance has occurred or is occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or other property upon the Premises or the Airport, Lessee must immediately notify by oral report in person or by telephone, to be promptly confirmed in writing, the Aviation Director as required by law or regulation. Lessee must cooperate fully with the Aviation Director in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or threat of release of a hazardous or regulated substance into the drainage system, soil, ground or surface water, waters, or atmosphere in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. Page 7 of 17 D. Lessee shall keep a readily accessible file of Materials Safety Data Sheets ("MSDS") for each hazardous material or substance on the Premises or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to a report of a discharge of a hazardous substance or material on the Premises. Lessee will require any operator of the facilities on the Premises to use best efforts to determine which hazardous substance or material was accidentally discharged and ensure that the MSDS sheet is available for the first responders to the Premises. E. Lessee will cause prompt remediation and the payment of all costs associated with any action or inaction of Lessee that directly or indirectly prevents the City, acting through the Airport, from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to the Premises. The rights and obligations set forth in this section shall survive the expiration or earlier termination of this Lease. F. Lessee shall furnish to the Aviation Director, within five days of receipt by Lessee, copies of any and all notices or correspondence directed to Lessee or any other party at the Premises from any governmental entity, other entity, or person indicating a violation or possible violation of any laws, rules, or regulations including, without limitation, any law, rule, or regulation regarding hazardous materials or substances (as such term is defined in this Lease). 24. NO DEBTS. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. 25. NON-DISCRIMINATION/AFFIRMATIVE ACTION A. Nondiscrimination—General. Lessee for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Lessee will cause to the best of its ability the Premises and Improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. B. Nondiscrimination—Business Owner. This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR Part 23 that it enters and causes those businesses to similarly include the statements in further agreements. C. Remedy for Breach. If the Lessee is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to deliberately breach a non-discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Page 8 of 17 Premises, retake possession thereof, and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action. Lessee shall cause to be implemented an affirmative action program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E; (ii) that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart; (iii) that third parties otherwise retained by Lessee shall provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub-organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at no expense to the City, shall comply with any applicable requirements of the Americans with Disabilities (ADA) as it may be amended, with respect to the Premises and its improvements. 26. NOTICES. A. All notices, demands, requests or replies provided for or permitted by this Lease must be in writing and delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the U.S. Postal Service as certified mail, return receipt requested, postage prepaid; or (3) by deposit with an overnight express delivery service, and sent to the following address: If to City: City of Corpus Christi Aviation Director 1000 International Drive Corpus Christi, TX 78406 Phone: (361)-289-0171 If to Lessee: S & S Farms Partnership Attn: Shane Suggs Address: 2475 C.R.69 Robstown, Texas 78380 Phone: (361)-816-8811 B. Notice deposited with the U.S. Postal Service in the manner described above will be deemed effective two business days after deposit, postage prepaid. Notice by overnight express delivery service will be deemed effective one business day after delivery to the overnight express carrier, with proof of receipt. C. Either party may notify the other, in the manner described above, of a change of address. Any such change of address must be sent within 10 days of the effective date of the change. 27. INDEMNITY. LESSEE WILL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANYAND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER WHICH MAY ARISE OUT OF OR IN ANY MANNER BE CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH, THE PERFORMANCE OF THIS LEASE BY LESSEE. LESSEE SHALL, AT LESSEE'S OWN COST AND EXPENSE, INVESTIGATE Page 9 of 17 ALL SUCH CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, PAY ALL CHARGES OF ATTORNEYS, AND PAY ALL OTHER COSTS AND EXPENSES OF ANY KIND, INCLUDING EXPERT WITNESS FEES, ARISING FROM ANY SUCH LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS. 28. DEFAULT AND TERMINATION. A. If Lessee defaults in performance of any of the promises or covenants contained herein, City may terminate this Lease following written notice to Lessee of the default and a reasonable opportunity to cure. Upon the occurrence of any uncured event of default, the City may, at its option, in addition to any other remedy or right given hereunder or by law, give notice to Lessee that this Lease terminates upon the date specified in the notice. Once terminated, the City has the right, without further notice to Lessee, to re-enter the Premises and remove all persons therefrom without being deemed guilty in any manner of trespass and also without prejudice to any remedies against Lessee for arrears of rent or breach of covenant. B. In the event that any rent is due and unpaid under the Lease, the City may resume possession of the Premises and relet the same for the remainder of this Lease term at the best rent the City may obtain, for the account of the Lessee, who must pay any resulting deficiency; and the City will have a lien as security upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools, and other personal property which are located or were placed on the Premises, which lien is cumulative of and in addition to any statutory landlord's lien created by law. C. In the event Lessee has paid the full cash rent at the start of the Lease or any applicable annual Anniversary Date, Lessee shall have the right to harvest any existing crops that have been planted prior to the termination of the Lease. D. The failure of City or Lessee to insist on strict performance of any of the terms, covenants, or conditions of this Lease is not a waiver of any right or remedy that City or Lessee may have and is not a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter nor is deemed to be a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 29. REMOVAL OF PERSONAL PROPERTY. A. Removal of Equipment. Upon termination or expiration of this Lease, Lessee must remove all permitted personal property and/or cattle from the Premises within 30 days after termination or expiration of the Lease. Any damage to the Premises caused by Lessee's removal of its property and/or cattle must be repaired by Lessee within 30 days after termination or expiration of the Lease, at Lessee's expense, and to the satisfaction of the Aviation Director. B. Notwithstanding the foregoing, if Lessee fails to remove personal property and/or cattle within 30 days from the date of termination or expiration of this Lease, then the City Manager, may at his or her option, take title to the said personal property and/or cattle and sell, lease, or salvage the same, as permitted by law. Any net expense the City Manager incurs on behalf of the City in disposing of the personal property and/or cattle must be paid by Lessee within 10 days of the City Manager's written demand thereof. The City Manager will provide Lessee with a written itemized breakdown of the costs recaptured, if any, by the sale, lease, or salvage of the property and/or cattle, and the balance due, which must be paid by Lessee upon receipt of said itemized breakdown. Page 10 of 17 30. CONDITION OF PROPERTY UPON EXPIRATION OR TERMINATION. Lessee covenants and agrees that, upon expiration or any earlier termination of this Lease, however caused, Lessee shall quit and surrender the Premises and perform all repairs reasonably necessary to restore the Premises to the same condition it was in at the time this Lease was entered into, reasonable wear and tear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. 31. RIGHTS OF THE CITY. A. The City reserves the right to sell, use, or lease for a governmental or public use different from the present use all or any part of the Premises at any time during the term of this Lease. Should the Premises be sold, used, or leased before expiration of this Lease and the purchaser or lessee is not willing to take the property subject to this Lease and demands immediate possession, then the Lessee agrees to vacate within 30 days following receipt of the notice to vacate. Should it become necessary for Lessee to vacate in case of a sale or lease, then, the City will pay Lessee, for the Premises or portion thereof vacated, the following amounts, to-wit: a proportionate share of the then-applicable annual Lease Payment paid, which share is determined by dividing (i) the number of days of the term remaining after vacation by Lessee by (ii) the total number of days in the term, and multiplying the resulting percentage by the annual Lease Payment amount paid by Lessee. B. The City reserves and excepts from this Lease those easements reasonably necessary for the purpose of assigning, exploring, prospecting, mining, drilling, developing, producing, saving, transporting, storing, treating, removing, and owning the reserved minerals and oil and gas in the Premises to the extent such easements are implied under Texas common law to allow access to severed estates. C. 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. D. It is understood and agreed by Lessee that the City retains sole authority to negotiate settlement of any and all claims for damage by reason of activities in connection with the operation, development, and exploration for oil, gas, and other minerals on the Premises. Lessee shall promptly notify the City of any and all damages to the Premises and/or crops growing thereon that may be occasioned by operation, development, or exploration for oil, gas, or other minerals, or that may be occasioned by any other activity during the Lease term, which Lessee observes, learns of, or has reason to be made aware of any such damage. E. The City, by and through its officials, officers, employees, and agents, has the right at all times during the Lease term to ingress and egress to the Premises for the purpose of conducting any business incident to the activities of the City and for purposes of inspection, repair, fire or police action, and enforcement of the terms of this Lease, and includes the regular and necessary operation of vehicles and equipment on the shared roadways bisecting and crossing the Premises. 32. CONDEMNATION. If the whole or a substantial part of the Premises are taken or condemned by the City, or any entity with legal authority to exercise eminent domain rights, for any public use or purpose, then and in that event, the term of this Lease shall cease and terminate from the date when possession of the part or whole so taken or condemned is required for such use or purpose. If less than a substantial part of the Premises are taken or condemned by the City and, as a result thereof, Lessee believes the ability to continue the purpose of this Lease has been eliminated, the question of a possible partial Lease Payment refund, if any, may be submitted in writing by Lessee to the City for consideration. Page 11 of 17 33. DISCLOSURE OF INTERESTS AND STATE OF TEXAS FORMS. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Lease contract. Lessee agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Lease contract. For more information, please review the information on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Lessee also 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, as Lessee, 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. 34. MODIFICATIONS. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing and signed by a person authorized to sign lease agreements on behalf of each respective party. 35. COMPLIANCE WITH LAWS. A. General. Lessee covenants to promptly observe, comply with and execute, and shall cause any sublessee to promptly observe, comply with and execute, the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not remedied within any permitted cure period, may be cause for City's exercising its rights under the Lease. During any period of Lessee's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction, Lessee's inaction shall not be deemed a breach of this Lease. B. Federal. Lessee shall comply and shall require any sublessee to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts the U.S. Congress passes that apply to the uses and operations at the Premises. C. State. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. D. Local. Lessee shall comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. 36. RELATIONSHIP OF THE 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. 37. GENERAL PROVISIONS. A. Mineral Rights. The City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises in which it holds an interest and reserves the right to conduct or provide for testing and removal of any such City-owned water, gas, oil, or minerals from the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive City's or Lessee's right thereafter to declare a forfeiture for like or other or succeeding breach or default. Page 12 of 17 C. Force Majeure. Neither City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations under this Lease by reason of force majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God to include severe inclement weather and sustained periods of rain or snow, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform and claiming the force majeure. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Lessee pursuant to this Lease and the obligation of City to deliver the Premises. D. Rules and Regulations. Lessor has adopted minimum operational standards ("Minimum Standards") and rules and regulations ("Rules and Regulations"), which shall govern Lessee in the use of the Premises and all common facilities, a copy of each of which has been furnished to the Lessee and are incorporated herein by reference. Lessee agrees to comply fully at all times with these governing documents. Lessor, in its sole discretion, shall have the right to amend, modify, and alter these Minimum Standards and Rules and Regulations from time to time in a reasonable manner and may introduce other regulations as deemed necessary for the purpose of assuring the safety, welfare, convenience, and protection of property of Lessor, Lessee, and all other tenants and customers of the Airport; provided, however, that Lessor shall give Lessee reasonable advance notice of any such amendments, modifications, or alternations of the Minimum Standards and Rules and Regulations. E. Venue. Venue for any action brought under this Lease lies in Nueces County, Texas, where the Lease was executed and will be performed. F. No Third-Party Benefit. No provision of this Lease creates a third-party claim against the City or the Lessee beyond that which may legally exist in the absence of any such provision. G. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses, pay all charges, fees, and taxes including, but not limited to, all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Internal Revenue Circular E "Employer's Tax Guide," Publication 15, as it may be amended, and give all notices and respond to all communications that are necessary and incident to the due and lawful conduct of business at and occupancy of the Premises by Lessee. Lessee must provide proof of payment of any tax within 10 days after the City Manager's written request for the same. H. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises; must provide and use suitable, sealed fireproof receptacles approved by the Aviation Director for all trash and other refuse generated by the use of the Premises; must prohibit the piling of boxes, barrels, or other similar items in or within view from a public area; and must pay, or cause to be paid, the costs associated with trash removal and disposal. I. Delegation. Any obligations of the Lessee required by this Lease may be delegated to any approved sublessee by the terms of the sublease agreement between the parties, provided, however, that any such delegation shall not relieve Lessee of its liability, responsibilities, and obligations under this Lease. J. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease as required by the City Charter. K. Livestock Identification. Livestock must be tagged with identification ear tags or other recognized tagging method so that owner and individual animal may be determined. Page 13 of 17 L. Animal Health. Lessee shall comply with all federal, state and local animal health laws, and regulations with respect to livestock grazing on the Premises. Any livestock that requires medical intervention must be treated by the licensed veterinarian immediately. Lessee will be contacted once injured or ill livestock is discovered. If lessee does not respond within a reasonable timeframe in relation to the injury the City Manager or City caretaker may contact the listed veterinarian for emergency treatment at lessee's expense. M. Removal of Dead Livestock. Lessee, at Lessee's own expense, shall immediately dispose of any dead animals in a manner satisfactory to the Aviation direction and in accordance with local ordinances. Disposal shall take place within 24 hours or sooner after notification of Lessee. N. Animal Aggressiveness. Livestock shall not be overly aggressive as to pose a risk towards neighbors and visiting city officials.Any such livestock must be removed immediately from premises once aggressive behavior has developed. Lessee accepts full responsibility and hold harmless the City for any injuries or damages caused by such aggressive animal. O. Escaped Livestock. Lessee is responsible for any damage caused by escaped livestock. If any livestock escapes lessee must be able to respond to within 2 hours to contain animal. After the livestock is secured lessee must take measures to ensure that the escape will not reoccur. The number of escaped livestock with livestock identification numbers, details of accident and remedial actions taken must be recorded in log book. P. Supplemental Feeding. Supplemental feeding may be allowed in any lease year provided lessee annually submits a prior written request and subsequent written permission is granted from Aviation director. Care must be taken so that Supplemental Feed does not introduce any non-native outside plants through left over seeds or rodents. 38. SEVERABILITY. 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. 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. 39. ORDER OF PRECEDENCE. In the event of any conflicts or inconsistencies between this Lease, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Lease (excluding attachments and exhibits); B. its attachments; C. RFP No. 1507 (Exhibit 1); then, the Lessee's submitted proposal (Exhibit 2). 40. BINDING AGREEMENT. It is mutually understood and agreed that the covenants, conditions, and provisions contained in this Lease to be performed by the respective parties are binding on the parties and their respective successors, assigns, and heirs. Page 14 of 17 41. ENTIRETY CLAUSE. This Lease and the exhibits incorporated and attached hereto constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's use of the Premises. Executed in triplicate by the parties. By Lessee's execution below, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City Council and executed by the City Manager or designee. [SIGNATURE PAGE TO FOLLOW] Page 15 of 17 LESSOR: CITY OF CORPUS CHRISTI ATTEST: Sylvia Carrillo Rebecca Huerta Assistant City Manager City Secretary APPROVED AS TO LEGAL FORM: 120 . MILES RISLEY, CITY ATTORNEY Assistant City Attorney LESSEE: Scott Ordner, Partner Date Shane Suggs, Partner Date Nova Ordner, Partner Date Lisa Suggs, Partner Date THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of , 2018, by Scott Ordner. Notary Public Page 16 of 17 THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of 2018, by Shane Suggs. Notary Public THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of 2018, by Nova Ordner. Notary Public THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of 2018, by Lisa Suggs. Notary Public Attached and Incorporated by Reference: Attachment A—Scope of Lease Attachment B- Map of Premises Attachment C- Insurance Requirements Incorporated by Reference Only: Exhibit 1: RFP No. 1507 Exhibit 2: Lessee's Submitted Proposal Page 17 of 17 Attachment A Scope of Lease 1.1. General Requirements The Corpus Christi International Airport (CCIA) possess agricultural and grazing land, which is located at 1000 International Drive, Corpus Christi, Texas. A significant portion of land remains unimproved and available for agricultural and grazing use. 1.2. Scope of Lease The Corpus Christi International Airport possess 1 ,31 1 .54 acres of land on airport property, which is available for lease. Out of 1 ,31 1 .54 acres, approximately 1 ,282.81 acres is available for agricultural and approximately 28.73 is available for cattle grazing. Parcel description shown in Exhibit A, Drainage ditch layout shown in Exhibit B, and Airport Operating Area(AOA) shown in Exhibit C. A.Farm land The Farm Land is divided between two parcels. 1 . Parcel 1 The first parcel as shown in Exhibit A is approximately 692.35 acres of land and all acres of land are within the boundaries of the Airport security fence and will require security backgrounds checks, airport badges and training in accordance with TSA rules and regulations to access. The first parcel of land will also require the lessee to undergo airport driver training in accordance with Federal Aviation Administration rules and regulations. 2. Parcel 2 The second parcel as shown in Exhibit A is approximately 590.46 acres of land and all the acres are outside the boundaries of Airport security fence. B. Farm Land Lease Restriction 1 . No crops shall be allowed along the side of runway 13-31 closer than 530' from the runway centerline 2. No crops shall be allowed along the side of runway 18-36 closer than 530' from the runway centerline. 3. No crops shall be allowed in the runway approach areas closer than 1000' from the runway end. 4. No crops shall be allowed within 130' of the taxiway centerline. 5. Crops shall not be planted closer than 10 feet from the perimeter fence, access roads, and drainage ditches. 6. Crops shall not block the line of sight between runways (mid-point to mid-point) 7. Aerial application of oil based product of any kind is prohibited. Automated Weather Observation System(AWOS) sensors subject to contamination RFP Template 09.13.17 Page 1 of 2 8. All equipment and hay bales must be moved back adjacent to the nearest perimeter road at the end of each work day. 9. Cotton, Corn and Wheat are acceptable crops subject to harvesting prior to Bird migration season. Bird Migration season generally runs from Mid-February through May and early September through December. C.Grazing Land - Parcel 3 The grazing land as shown in Exhibit A is available for lease is approximately 28.73 acres; and is outside the boundaries of the Airport security fence. RFP Template 09.13.17 Page 2 of 2 CORPUS CHRISTI INTERNATIONAL AIRPORT _ Attachment B _ _ _ -_ iivn5.rvGiiWAx N t°LAN=51 u�+oma••__ r'— Exhibit A AIRPORT SECURITY PERIMETER FENCE Map of Premises PARCEL No.i i 354692.35 ACRES(Airport Inside Securely Perimeter Fence) 221.65 AC ¢ PARCEL No.2 590.46 ACRES(Airport Outside Security Perimeter Fence) U PARCEL No.3 �-- 1 N 28.73 ACRES(Airport Outside S—rity Perimeter Fence) NOTE: $ y 267.41 AC A 10 Feet WIDE SECTION ALONG CCIA PERIMETER ROAD,DRAINAGE SYSTEM,AND AOA FENCE SHALL BE CLEARED FROM FARMING ACTIVITIES AND MAINTAINED TO PROVIDE ACCESS FOR CCIA PERSONNEL L - AND EQUIPMENT. 91.65 AC 28.73 AC A 1 212.84 AC c oar AC ..'17797AE - 71.64 AGI �c�r tri CC nrPARTulFNTOFAVIATION EXHIBIT A FS _ PARCELS No,1,2&3 oo a_oMs CORPUS CHRISTI n��xa.«n Page 1 of INTERNATIONAL AIRPORT 2018 rori Attachment B Exhibit B Map of Premises: Drainage Ditch Layout BOOM xo151111 0141I 717 2W u�rss 24" 16 MW ism ' 111l1151G11� 4 NAM y� NMI T low\P ' a �5.nsi1 II Iwo ,ate sou p OITU SE 115471 ` , IQAA7G - 1[f71474Yl4 Orf 700a5Ma � � f '� 151 -. --OW _-- -- i j 211142 + 7oCt4b3p i r1OMW min Min 61115 in 1�1t t11it5 a 010 WN MIN NMI, MIN EXISTING DRAINAGE DITCH Layout (With Unfarmed Setback Areas) Area=366,80 acres RFP Template 09.13.17 Page 2 of 3 rolmMOUNT' go ,It . r �. AIA Y - 0 s � :. r , Y 1 Attachment C Insurance Requirements 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 subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and 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. Broad Form Property Damage 7. Personal Injury RFP Template 09.13.17 Page 1 of 3 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; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and RFP Template 09.13.17 Page 2 of 3 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, 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. Grazing and Farm Land Lease Insurance Requirements 01/18/2018 sw Risk Management RFP Template 09.13.17 Page 3 of 3 se GO O� A. v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 26, 2018 NCOR PORAL Q 1852 Second Reading Ordinance for the City Council Meeting of July 17, 2018 DATE: June 26, 2018 TO: Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation Fred S(c�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a)..cctexas.com (361) 826-3169 Appropriating $216,672 from the Unreserved Fund Balance for a Three-Year Service Agreement for the purchase and installation of Public-Address System for Corpus Christi International Airport CAPTION: Ordinance appropriating $216,672 from the Unreserved Fund Balance in the Airport Fund; amending the operating budget; and approving a three-year service agreement for the purchase and installation of a public-address system from Ford Audio-Video System LLC of Austin, Texas, via BuyBoard Cooperative, for an amount not to exceed $216,672. PURPOSE: This item will provide an upgrade to an existing Public-Address System. BACKGROUND AND FINDINGS: The system has three primary functions; public information, security, and life safety. The system utilizes technology and software to coordinate the dissemination of audio and visual information and messaging in the terminal building. It provides a clear sequential way for communication to occur automatically as well as allowing the end user to customize the message. The upgraded system will also integrate with the flight information displays through the terminal to provide information with those who are audio impaired. This mass communications system meets the required messaging mandated by TSA, and for active shooter events which is essential to life safety. The message can be customized in select zones to aid first responders. The current system, due to its age is no longer supported and does not meet the needs of the tenants or provide timely information to passengers. The current system was installed in 2001 when the new terminal was built. Several of the key functions are no longer working or not functioning. Staff recommends utilizing BuyBoard pricing with IED Systems to replace the current system with a digital Windows based platform. By utilizing the same manufacturer, some infrastructure components in place can be utilized at a cost savings. Utilizing the same manufacturer cuts down on training for end users and our IT staff thus reducing costs. 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: Aviation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $216,672 $0.00 $216,672 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $216,672 $0.00 $216,672 BALANCE $0.00 $0.00 $0.00 Fund(s): Airport Comments: The contract total is for an amount not to exceed of $216,672 of which $196,975 is for the public-address system and 10% Contingency of $19,697 for possible unforeseen expenses. CCIA will need to purchase required software license every year after the completion of third year. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Service Agreement Pricing Sheet City of Corpus Christi Price Sheet Purchasing Division Public Address System- BuyBoard Buyer:Japan Shah Contract No 563-18 Aviation Department Ford Audio-Video Systems LLC Corpus Christi,Texas Item Description Unit Qty Unit Price Total Price 1 Public Address System Lump Sum 1 $ 196,975.00 $ 196,975.00 2 Contigency(10%) $ 19,697.00 $ 216,672.00 Ordinance authorizing $216,672 from the Unreserved Fund Balance in the Airport Fund; amending the operating budget; and approving a three-year service agreement for the purchase and installation of a public-address system from Ford Audio-Video System LLC of Austin, Texas, via BuyBoard Cooperative, for an amount not to exceed $216,672. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $216,672 are appropriated from the Unreserved Fund Balance in the Fund 4610 Airport Fund. SECTION 2. The FY2017-18 Operating Budget adopted by Ordinance No. 031255 is amended to increase expenditures by $216,672. SECTION 3. The City Manager, or designee, is authorized to execute all documents necessary with Ford Audio-Video System LLC of Austin, Texas, to approve a 36-month Service Agreement for the purchase and installation of a public-address system for an amount not to exceed $196,975, 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 $19,697 for possible unforeseen expenses, for a total amount not to exceed $216,672. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 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, this the day of ' 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor mus ar 00 � 0 �A > SERVICE AGREEMENT NO. 1636 U Public Address System for Corpus Christi International yO RPOR A xs5a Airport THIS Public Address System Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Ford Audio-Video Systems LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Public Address System in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Public Address System ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 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 $196,975, 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: John Hyland Department: Aviation Phone: 361-289-0171 xl 221 Email: John HyCcctexas.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: John Hyland Title: Airport Public Safety Chief Address: 1000 International Drive, Corpus Christi, Texas 78406 Phone: 361-289-0171 x1221 Fax: None IF TO CONTRACTOR: Ford Audio-Video Systems LLC Attn: Taft Baldwin Title: Senior Account Manager Address: 1340 Airport Commerce Drive, Suite 470, Austin, Texas 78741 Phone: 512-447-1103x2709 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 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: Title: Date: CITY 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 gyUS G� v ATTACHMENT A: SCOPE OF WORK /hOq PORAE6 1852 SCOPE OF WORK: A. General Requirements 1 . The Contractor shall be responsible for the Design, Engineering, Fabrication, Project Management, Supply, Installation and Commissioning, and Training of the Public-Address system at Corpus Christi International Airport(CCIA). 2. Contractor shall provide labor, technician, materials, equipment and professional services to complete the project. 3. Contractor shall conduct back ground checks for all personnel before assigned to work under this agreement. Contractor may be asked to submit background reports to the Contract Administrator. Background check shall be done at the Contractor's expense. 4. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall take special measures to safeguard the area while services are being performed. Contractor shall minimize any interference to the building occupants with day to day operations. The Contractor shall be responsible for assuring the safety of its employees, Customers employees and the public during performance of all services under this agreement. 5. Contractor shall clean work site from debris or hazards after completion of work. 6. Contractor shall dispose oils, solvents, in accordance with all applicable laws, rules, regulations as to ensure the highest level of safety to the environment and public health. B. Supply and Installation Contractor shall supply and install the following systems at Corpus Christi International Airport (C C I A) . 1 . PAGING STATIONS I. Five paging stations shall be installed, one at each ticket counter located at each gate in the terminal. II. Five expansion paging stations shall be wall mounted, one at each jet way in the terminal. III. One table mount paging station shall be provided in the Security Dispatch Operations Center. Page 1 of 6 IV. One paging station shall be wall mounted in baggage claim behind the information desk. V. Six paging stations, one at each ticket counter located in the 1st level ticketing area. VI. One rack mounted paging station at the paging system head end in the CCIA furnished equipment rack. VII. Six additional network drops, one at each vacant ticket counter at the 1 st level ticketing area. VIII. Eleven Adaptor Plates 2. PAGING SYSTEM HEAD END I. One rack mounted Personal Computer(PC) in the head end CCIA rack. This PC shall provide control and balancing of the paging system. II. Rack mounted DISP.MON, 17" HD/Keyboard/KVM BP, Make: Middle Atlantic III. One redundant rack mounted power supply system in the CCIA rack head end. IV. One ambient noise processing system in the CCIA rack head end. V. Thirteen digital audio amplifiers in the CCIA rack head end. VI. Two Titan power Amp Mainframe 16Ch+Backup 120VAC. VII. One Global Com IP100 Controller with Additional 8 x8 Cobra Net Audio Channels. VIII. One Global Com Configuration Per Day. IX. One Global Com Power Supply Module (for redundancy). X. One 2- Channel Analog to Cobra Net Input Module. Decora or DIN Rail Mount. XI. One Software Configuration for 591 D Client. XII. Wire 4PR, 24AWG, CAT 6, CMP, Make: West Penn XIII. Three SWIT, 28 PORT, GIGABIT, POE, Make: Cisco XIV. Four TRAN, GIGABIT Ethernet SX Mini, Make: Cisco XV. Wire fiber MM OM3, TB, Riser MIC, Make: Corning XVI. One AV,1 RU, Closet, Conn, HSG, 2CCH, PA, Make: Corning XVII. Two Pane, Single Panel, Wall Mounted, Make: Corning XVIII. Three Pane, 12 Fiber, LC, Duplex, 6A DAPT, Make: Corning XIX. Sixteen Conn, Fiber, Unicam OM3 50UM, Make: Corning Page 2 of 6 C. Spares In the event of an issue, CCIA will use the following spares. Contractor shall leave the following spares at CCIA. I. Two ACS Mic Sta Digital Horiz Flush Mt w/Handheld and Expansion Board, II. Two ACS Mic Sta Acs Mic Sta 528 Expansion Handheld Expansion Station, III. Two Global Com 4-Button Digital Mic Sta w/Handheld Mic and Surface Backbos, IV. Two Titan Series 2x300W Power Amplifier Card (70V/1 l OAC) V. Two ACS Hand Held Mic W/Magnet VI. Sixteen Adaptor Plate 508 backbox to 528 VII. Eleven Adaptor Plate 528 backbox to 524/528 SK VIII. Five ACS Mic Sta 528SK Surface Back Box. D. Software License Renewals I. Two GCK Core Software Annual License and Maintenance Fee II. Twenty GCK Software End Point License for Cobra Net III. Forty GCK Software End Point Annual License Fee for Cobra Net-Annual License and Maintenance Fee. E. FAS I. Flight Announcement System Core Software Inc. Prizm Core Database, II. Flight Announcement System Library, English, III. Engineering Services IV. Secondary NIC for FAS data connection to IED System F. Visual Paging I. Fourteen IED Visual Display Client Software for Visual Paging and Wayfinding(Windows) Software Required Per Monitor II. Engineering Services. III. Setup and Configure System for Visual Paging G. Two IED Custom 2 IED0710 - IED Factory Training. H. CCIA Responsibility 1 . The CCIA shall have a representative available throughout the installation to make decisions concerning the installation. The purpose is to ensure that communication between the CCIA and Ford is accurate and responsive in the event of questions or problems that may arise during installation. 2. The CCIA shall clear the work areas involved in the installation of all activities during the periods of installation. Customer shall ensure that the job site is Page 3 of 6 available for Contractor, and there are no interruptions in the availability of the job site and the ability of Contractor to do the work. 3. The CCIA shall provide a facility that is prepared for the installation of electronic equipment. This includes a clean, dust free and air-conditioned environment that is secure and quiet. The CCIA is responsible for providing a secure job site and for the cost of loss or damage to audio, video, and lighting equipment delivered by Contractor to the job site. 4. Providing and preparing adequate space for the locations of equipment, speakers, speaker clusters, subwoofer cabinets, distributed under and over balcony speaker systems, stage monitor systems, equipment racks, control and mixing consoles, and equipment racks included in systems. In the event floors are sloped or not level, the CCIA is responsible for making the floor level under consoles and equipment's racks. In the event a projection is recessed in a finished ceiling, CCIA is responsible for refinishing the ceiling. 5. CCIA shall provide a clear with adequate ventilation and air conditioning that maintain a room temperature not exceeding 75 degrees Fahrenheit in all rooms that are occupied by sound/audio/video/lighting equipment racks. 6. If required, CCIA shall perform any A/C, electrical, carpentry, painting, masonry, or carpet laying work. If A/C electrical power is required to be installed or conduit systems are required to support the audio-video systems, it is the responsibility of the CCIA, to provide complete and adequate electrical power, unless otherwise noted. I. Contractor Responsibilities 1 . Contractor shall inspect the site thoroughly before commencement of work. Contractor shall inform the CCIA if any issues or requirement raised during inspection. 2. Contractor shall inform CCIA for any A/C, electrical, carpentry, painting, masonry or carpet laying work require before commencement of project. Contractor shall recommend for electrical power and conduits to be provided by the electrical contractor for audio/control system. 3. Contractor shall work with the CCIA to schedule the installation. During project commencement, if the future installation needs work and which is not in the scope of Contractor, the Contractor shall immediately inform the CCIA. Contractor shall remain proactive in nature. 4. Contractor shall remove the existing equipment that is not being reused and return it to the CCIA. Contractor shall take care while handling CCIA and shall install it according to standard industry practices. 5. If the CCIA furnished equipment is damaged or lost, while handling or installing by the contractor, the cost of new equipment shall be borne by the Contractor. 6. Contractor shall provide line drawings for systems and equipment manuals electronically at no cost to the CCIA. Page 4 of 6 7. Contractor shall install low voltage audio wiring for systems. 8. Contractor shall perform electronic testing of audio systems and tuning of studio processors. 9. Contractor shall provide as-built drawings with wire numbers and labels. J. Installation Schedule 1 . Contractor shall finish the project within 13 weeks from agreement execution. Contractor shall provide project schedule at the beginning of the project. Project schedule shall identify start date, purchase of equipment, assemble of equipment, in shop testing, onsite installation, test out, commissioning and training. 2. Due to unforeseen event, if the Contractor needs extra time to complete a project, Contractor shall submit a schedule change request detailing the reason and extension time period. 3. Contractor shall schedule its work week in advance. In the event CCIA changes the schedule or the CCIA other contractor fall behind in completing their portion of work, CCIA shall notify Contractor Project Manager. K. CCIA Furnished Equipment 1 . The CCIA may own equipment that they desire to integrate with the Contractor installation. Contractor reserves the right to accept or reject equipment provided by the CCIA. Contractor shall provide the reason for rejecting the CCIA equipment. 2. If the Contractor rejects CCIA equipment, Contractor shall provide suggestions and quote for the new equipment. CCIA shall have complete authority to compare and to buy similar equipment from other vendors. 3. Contractor shall not be responsible for the operation, performance, appearance, or effects of CCIA equipment before, during, or after its integration into the system. 4. The CCIA is responsible for installation and registration of all software on CCIA computers. Contractor will provide the CCIA with system requirements for Contractor provided software, but the CCIA is responsible for installing it on the CCIA PC's and/or CCIA Network. All software-related customer support shall be directly provided by the software manufacturer. 5. The CCIA agrees to reimburse Contractor for all work related to the service and/or troubleshooting of CCIA equipment with the provision that the CCIA authorizes Contractor to proceed with malfunction evaluation and repairs. 6. In the event that CCIA equipment does not function properly, Contractor shall notify the CCIA. The CCIA will determine if the equipment is to be a) repaired, b) an alternate unit provided by the CCIA, c) the unit is not to be used, or d) Contractor is to provide a new unit, Contractor shall provide a cost to the CCIA for the work to be done. The CCIA will authorize any additional cost to the job. Page 5 of 6 L. Preventative Maintenance 1 . Contractor shall perform one pre-scheduled service call, prior to the end of the warranty period, for conducting routine preventative maintenance(PM) to check the general operation of equipment. This PM service call shall be scheduled in advance with the CCIA, between 8:00 am to 5:00 pm Monday to Friday, excluding holidays, and does not include expendable materials used or system programming. M. Training and Documentation 1 . Contractor will host a training session near the completion of installation. Contractor shall provide a quick start guide(QSG) for each room type. One copy of a laminated document, for each room type, shall be provided to the CCIA. 2. Contractor personnel will attend the initial first use of the system and assist the CCIA operators and users in the operation of the Ford-installed system. 3. Contractor shall provide a training agenda for scheduled training. Page 6 of 6 Attachment B: Bid/Pricing Schedule f orc1DAV VWAe-p �• System Name Manufacturer Model Description QTY Cost Extended Cost WEST PENN WEST.254246 WIRE,4PR,24AWG,CAT6,CMP 8,000.00 $0.32 $2,561.00 CISCO CISC.SG35028MPK SWIT„28,PORT,GIGABIT,POE 3 $908.00 $2,724.00 CISCO CISC.MGBSXI TRAN,GIGABIT ETHERNET SX MINI- 4 $111.00 $444.00 CORNING CORN.006T813118 WIRE,FIBER MM OM3,TB,RISER MIC 1,500.00 $1.00 $1,500.00 CORNING CORN.CCH-01U AV,IRU,CLOSET,CONN,HSG,2CCH,PA 1 $269.00 $269.00 CORNING CORN.SPH-01P PANE,SINGLE PANEL,WALL MOUNTA 2 $69.00 $138.00 CORNING CORN.CCHCP12E4 PANE,I2FIBER,LC,DUPLEX,6ADAPT 3 $86.00 $258.00 CORNING CORN.95-050-99X CONN,FIBER LC UNICAM OM3 50UM 16 $16.00 $256.00 MIDDLE ATLANTIC MIDD.RMKBLCDI7K DISP.MON,17"HD/KEYBOARD/KVM 8P 1 $2,361.00 $2,361.00 IED IED.CUSTOMI IED Custom Quote#3216095015 1 $154,907.32 $154,907.32 DISCOUNT Ford AV BuyBoard Discount on IED Systems 1 -$46,472.32 -$46,472.32 IED.CUSTOM2 IED0710-IED FACTORY TRAINING(1 Trip) 2 $2,570.50 $5,141.00 DISCOUNT FORD AV BuyBoard Discount on IED Systems 2 -$857.00 -$1,714.00 FAV.MISC1 HARDWARE-CONNECTORS-SUPPLIES 1 $3,750.00 $3,750.00 BuyBoard Labor Breadown Hours Hourly Rate Extended Cost Tech.Specialist 120 $100.00 $12,000.00 Project Manager 85 $96.00 $8,160.00 Assembly 120 $53.00 $6,360.00 Installation Tech 300 $72.00 $21,600.00 Job Super 110 $81.00 $8,910.00 Travel $13,822.00 Equipment: $126,123.00 Labor: $70,852.00 Shipping: $0.00 Total: $196,975.00 This quote has been provided on the BuyBoard Contract#563-18 PROPRIETARY INFORMATION:The information contained herein is for use by parties herto and is not for distribution outside their respective companies.All material isgauranteed to beasspecified.All work shall be completed in a workmanlike manner according to standard practices.Any deviation from the above specifications involvingextra costs,will be executed upon written orders,and will become an extra charge over and above this estimate.This agreement is conti ngent upon accidents or delays beyond our control. Owner shall carry fire and other necessary insurance.Our workers are covered by Worker's Compensation insurance. THIS PROPOSAL IS VALID FOR 30 DAYS. At l as , QUOTE NUMBER: 32-1609-5015 MSRP DATE OF PRINTING: 6/5/2018 Home Office Regional Office: 10 QUOTE ORIGINATION DATE: 9701 Taylorsville Road 637 South 8th Route 31 QUOTE REVISION DATE: 6/5/2018 Louisville,Kentucky 40299 West Dundee,Illinois 60118 REQUESTED SHIP DATE: 10/3/2016 Ph(502)267-7436 Fax(502)267-9070 Ph(10)-10 Fax(815)291-7437 PRICES VALID 90 DAYS FROM: 6/5/2018 Email Purchase Orders to:ordersOiedaudio.com PROJECT: Corpus Christi CONTRACTOR: Ford Audio Video-Austin CONTACT: David Allen CITY,STATE: Corpus Christi,TX PHONE: (512)447-1103 SYSTEM:GLOBALCOM FAX: (512)447-1103 ESTIMATOR: Brad Williams REP FIRM: 108 500 ANNUAL RACK UNIT EXTENDED ITEM QTY MODELNUMBER DESCRIPTION LICENSE SPACES Power PRICE PRICE 1 HEAD END EQUIPMENT 2 1 IP108 GLOBALCOM IP100 Controllerwith Additional 8x8 CobraNet Audio Channels $8,478.75 $8,478.75 3 1 IED0730 GLOBALCOMT""Configuration Per Day $3,060.00 $3,060.00 4 1 IED1112PS GLOBALCOMT"Rack Power Supply System w/one Modular Supply 1 960 $2,231.25 $2,231.25 5 1 IED1112PSM GLOBALCOMPower Supply Module(for redundancy) $803.25 $803.25 6 1 IED1502AI 2-Channel Analog to CobraNet®Input Module. Decora or DIN Rail Mount. $1,247.72 $1,247.72 7 8 1 IED0591D-CLIENT Dell Desktop Workstation Computer-Client $3,338.80 $3,338.80 9 1 IED0595D-CLIENT Software Configuration for 591D Client $2,052.75 $2,052.75 11 FIELD EQUIPMENT 12 1 IEDA528HFM-H ACS Mic Sta Digital Horiz Flush Mt w/Handheld $2,766.75 $2,766.75 13 5 IEDA528HFME-H ACS Mic Sta Digital Horiz Flush Mt w/Handheld and Expansion Board $3,123.75 $15,618.75 14 5 IEDA52OFME-H ACS Mic Sta Acs Mic Sta 528 Expansion Handheld Expansion Station $721.14 $3,605.70 15 6 IEDA528FBB ACS Mic Sta 528 Flange Backbox $128.52 $771.12 16 1 IEDA528SRME-H ACS Mic Sta 528 Rackmount W/Spk,Exp,Aux for GLOBALCOMT"" 5 $3,480.75 $3,480.75 17 6 IEDA524-H GLOBALCOMT"4-Button Digital Mic Sta w/Handheld Mic&Surface Backbox $1,160.25 $6,961.50 18 1 IEDA528HDT-H ACS Mic Sta Digital Horizontal Desktop w/Handheld $2,766.75 $2,766.75 19 11 IEDX900 ADAPTOR PLATE 20 21 AMPS AND SENSOR COLLECTORS 22 2 IEDT9160L Titan Power Amp Mainframe 16Ch+Backup 120VAC 12 166 $14,190.75 $28,381.50 23 13 IEDT6302L Titan Series 2x3OOW Power Amplifier Card(70V/110AC) $1,338.75 $17,403.75 24 1 IEDT904ONLR Titan 16 Noise,16 Logic,8 Relay Interface 1 $3,570.00 $3,570.00 25 26 SPARES 27 2 IEDA528HFME-H ACS Mic Sta Digital Horiz Flush Mt w/Handheld and Expansion Board $3,123.75 $6,247.50 28 2 IEDA52OFME-H ACS Mic Sta Acs Mic Sta 528 Expansion Handheld Expansion Station $721.14 $1,442.28 29 2 IEDA524-H GLOBALCOMT"4-Button Digital Mic Sta w/Handheld Mic&Surface Backbox $1,160.25 $2,320.50 30 2 IEDT6302L Titan Series 2x3OOW Power Amplifier Card(70V/110AC) 1028 $1,338.75 $2,677.50 31 2 IEDA501HH ACS Hand Held Mic w/Magnet $309.40 $618.80 32 33 16 HHAP528 Adaptor Plate 508 backbox to 528 $134.30 $2,148.80 34 11 IEDA528SKA Adaptor Plate 528 Backbox to 524/528SK $68.00 $748.00 35 5 IEDA528SKBB ACS Mic Sta 528SK Surface Back.Box $44.63 $223.15 36 37 SOTWARE LICENESE RENEWALS 38 2 GCK3.OM GCK Core Software Annual License and Maintenance Fee $981.75 $1,963.50 39 20 HDEPL GCK Software End Point License for CobraNet® $178.50 $3,570.00 40 40 HDEPLM GCK Software End Point Annual License Fee for CobraNet®-Annual License and Maintenance Fee $35.70 $1,428.00 41 42 FAS OPTION 43 1 IEDFAS Flight Announcement System Core Software incl.Prizm Core Database $8,925.00 $8,925.00 44 1 IEDFASLANG-ENG Flight Announcement System Library,English $8,925.00 $8,925.00 45 1 IED0770 Engineering Services $2,500.00 $2,500.00 46 1 IEDX900 SECONDARY NIC FOR FAS DATA CONNECTION TO IED SYSTEM $250.00 $250.00 47 48 49 VISUAL PAGING OPTION 50 14 IEDVISDID IED Visual Display Client Software for Visual Paging and Wayfinding(Windows®) $134.30 $1,880.20 51 SOFTWARE REQUIRED PER MONITOR 52 1 IED0770 Engineering Services $2,500.00 $2,500.00 53 SETUP AND CONFIGURE SYSTEM FOR VISUAL PAGING(REMOTE SUPPORT IF NOT CONCURENT WITH ABOVE TRIP) 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 TERMS AND CONDITIONS COMMENTS&CONDITIONAL TERMS 19 21541 TOTALS FOB FACTORY,USA Payment Terms are only valid to Authorized Dealers TOTAL QUOTE $154,907.32 Irrevocable Stand-by Letter Mitek/Atlas/IED shall have the right to establish and change credit limits,payment terms and financial requirements from time of Credit may be Required to time in its sole discretion upon noticed to CUSTOMER. in the Event a Sufficient Line All Invoices are payable in US Dollars of Credit is ndt(ElitalRhModAts\Quote 7U-1609-5015 MSR1SU0jbW1cVdhtfiAN1ivense and maintenance fees equal to 20%of product cost. ATTACHMENT C : INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Page 1 of 3 Employer's Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Page 2 of 3 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements CCIA Public Address System Installation 04/3/2018 cg Risk Management Valid Through 12/31 /2018 BONDS ARE NOT REQUIRED FOR THIS SERVICE Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS 1 . All equipment and materials provided by Contractor shall be warranted under the standard warranty terms of the original manufacturer. 2. All workmanship provided by Contractor shall be free of defects and shall be repaired, free of charge, for period of one year from the date of substantial completion or the first date of beneficial use of the system, whichever date occurs first. Substantial completion shall be defined as the point where the work or designated portion thereof, is sufficiently complete so that the system can be used for its intended purpose and accepted by the CCIA authorized personnel. 3. If any questions arise now or in the future about the installation or operation of the system, Contractor will provide assistance and answer any questions over phone at no cost to the CCIA. 4. If malfunction of an equipment occurs within the warranty period, Contractor will repair the defective equipment or return it to the manufacturer for repair at no cost to the CCIA. 5. All the Software license and Maintenance fee are included in the total price and valid for three years. 6. The warranty does not include nor cover expendable materials used with the system installation (e.g. light bulbs, lamps, light fixture lamps, fuses, batteries, portable connection cables etc.) 7. Contractor shall not be responsible for the reliability of systems that communicate using wireless technology. The performance of equipment utilizing wireless communications is inherently unreliable and will experience "drop outs", distortion and loss of connectivity from time to time. Interference from others forms of radio frequency transmissions, such as radio and television broadcasts, cell phones and computer wireless networks, is probable and should be expected. 8. Contractor shall not be responsible for the performance, testing, or configuration of owner-furnished data networks that are used to transmit audio, video, and lighting program data and control signal data. IP-based videoconferencing systems rely upon data networks that can provide consistent bandwidth for the transmission. Videoconferencing that is transmitted over the Internet is subject to the intermittent and unreliable nature of the public network. In the event that the CCIA network is found to be cause of defects in the quality of the audio/video signals, is unreliable or has insufficient bandwidth to support the A/V/L system and Ford's network technology specialist are required to troubleshoot or configure the CCIA network, the cost of this service will be invoiced to the CCIA. 9. Any adjustments made by the CCIA, other than routine operational adjustments, shall not be covered under this warranty statement. Re- calibration of settings shall be considered by Contractor to be billable time to Page 1 of 2 CCIA at Contractor standard technology specialist rates as per price sheet. Routine operational adjustments are settings and procedures that can be changed inside the IED server software. Re-Calibration would be considered making changes to the sensitivity of the Ambient Noise Sensors or adjusting the volume in a certain zone. 10. Contractor will provide training on routine preventive maintenance and CCIA will be responsible to perform routine preventative maintenance functions (e.g. keeping filters, clean, keeping system environment free from foreign materials). Failures on the part of the CCIA to perform these routine maintenance functions shall void this warranty. 11 . Repairs, modifications, or other work performed by personnel not authorized by Contractor during the period of warranty on any equipment of the system may void the warranty. Page 2 of 2 mus c� 0o a o AGENDA MEMORANDUM NCORPORPE 1852 Public Hearing and First Reading for the City Council Meeting of July 17, 2018 Second Reading for the City Council Meeting of July 24, 2018 DATE: June 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 1752 Flour Bluff Drive CAPTION: Case No. 0518-02 Siecoast Development, Inc.: Ordinance rezoning property at or near 1752 Flour Bluff Drive from "RM-1" Multifamily 1 District to the "CN-1" Neighborhood Commercial District. PURPOSE: The purpose of this item is to allow for future commercial development. RECOMMENDATION: Planning Commission and Staff Recommendation (May 30, 2018): Approval of the change of zoning from the "RM-1" to the "CN-1". Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "CN-1" Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. 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. 0518-02 Siecoast Development, Inc.: Ordinance rezoning property at or near 1752 Flour Bluff Drive from "RM-1" Multifamily 1 District to the "CN-1" Neighborhood Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Siecoast Development, 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 30, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RM-1" Multifamily 1 District to the "CN-1" Neighborhood Commercial District and on Tuesday, July 17, 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 Siecoast Development, 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 Lot 1, Block 1, Billie Vann, located on the west side of Flour Bluff Drive, south of Graham Road, and north of Don Patricio Road (the "Property"), from the "RM-1" Multifamily 1 District to the "CN-1" Neighborhood Commercial District (Zoning Map No. 036031), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@2826CA7D\@BCL@2826CA7D.docx Page 2 of 3 co-1 RE �Q m� SUBJECT PROPERTY RS-0 Rm.I RE 0 s Ory \ 4 S RSL!-J ti D lv CMIW SYt a.' , 0 I r Wild By.Jac,,t Dcp.2..q t orDweloDlpfnv Sem_,_: CASE: 0518-02 °4s ZONING & NOTICE AREA 8141 Muplhmlly 1 l LIgPA MElsvlal RM-2 IAANpmlly 2 INavy Intlwlslal RM-3 Wftlf..Iiy S PUD P1.1—d uml Dav 0-1.y - f ON ProhatlanAl OFRce RS-ra SIn01e Famry 10 ,/ sumer RM AT LIuNIMmtly AT Rs-'a Singla-Iamily[ PROPERT CN 1 .4ghb-,":CPmmarclal :S4,Smg M-ramuya l ^�fy [N-2 NI.ghEdNoeC Commerc ltl RS-TF Tv.F-1, CR 1 RaadtC=.C—i pg-IS SinglaJ am ry iS CR-7 Rs►orl Commarc lal RE peatlenrW Ea/ale CO 1 G4""ICommeMml RS-TH Townh-- CG-2 C-1.1 Com I.1 SP gpeclal r:ne [I InYrIaFIe Commerc4l qy RttreaCeNc-1 l yeA ICM Park CBD DPwrpawn CPmmarc Yl RYH t—I,rhrrrtl H— GResort Commarc Hi �[ FR Farm Ruwl N HHtdk Overlay � I 8P ButMHa Part M' / W r q�,. E3 �. O U...:. City of inR dU 0uM M1� 4 a»..I.:oclraan X a•' Chfi Sil rpu` LOCATION MAP Christi C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@2826CA7D\@BCL@2826CA7D.docx Page 3 of 3 PLANNING COMMISSION FINAL REPORT Case No. 0518-02 INFOR No. 18ZN1010 Planning Commission Hearing Date: May 30, 2018 = Owner: Siecoast Development, Inc. Applicant: Siecoast Development, Inc. 'L Location Address: 1752 Flour Bluff Drive QLegal Description: Lot 1 , Block 1 , Billie Vann, located on the west side of o Flour Bluff Drive, south of Graham Road, and north of Don Patricio Road. a) W From: "RM-1" Multifamily 1 District ._ To: "CN-1" Neighborhood Commercial District io Area: 0.916 acres Purpose of Request: For the purposes of future commercial development. Existing Zoning District Existing Land Use Future Land Use Site "RM-1" Multifamily 1 Vacant Low Density Residential _ Low Density c North "RM-1" Multifamily 1 Vacant Residential o NLow Density _ South "RM-1" Multifamily 1 Vacant Residential }, J N LU East "RE" Residential Estate Estate Residential Low Density Residential West "RM-1" Multifamily 1 Vacant Low Density Residential Area Development Plan: The subject property is located within the boundaries 06 v, of the Flour Bluff Area Development Plan and is planned for low density o residential uses. The proposed rezoning to the "CN-1" Neighborhood z a Commercial District is generally consistent with the adopted Comprehensive a o Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Q Map No.: 036031 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 210 feet of street frontage along Flour Bluff Drive which is designated as an "Al" ° Minor Arterial Street. According to the Urban Transportation Plan, "A1" Minor a N Arterial Streets can convey a capacity between 15,000 to 24,000 Average Daily _ Trips (ADT). L Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation � O Plan Type Section Section Volume Flour Bluff "A1" Minor Arterial 95' ROW 11 5' ROW 17,599 ADT Drive Street 64' paved 64' paved (2015) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM-1" Multifamily 1 District to the "CN-1" Neighborhood Commercial District for the purposes of future commercial development. Development Plan: The subject property is 0.916 acres in size. The owner is requesting the change of zoning to allow future business development on the lot. The owner further states how the property has been compromised by a large utility easement by Electric Transmission Texas, LLC. (ETT). The easement is approximately 17,319 square feet or 0.39 acres in size which is essentially 43% of the subject property. The property is currently vacant and clear of any structures. Any potential structures may only be located to the rear of the property outside of the utility easement. Existing Land Uses & Zoning: The subject property is currently zoned "RM-1" Multifamily 1 District and consists of vacant land. The subject property was zoned "RM- 1" Multifamily 1 District in 1983 and was annexed in 1961 . To the north, south, and west are vacant unplatted properties zoned "RM-1" Multifamily 1 District and "RE" Residential Estate District. To the east is Flour Bluff Drive. Across Flour Bluff Drive are large tract single-family homes (Cornerstone Unit 2 Subdivision) zoned "RE" Residential Estate in 2004. Further to the north and south along Flour Bluff Drive are properties zoned "CG-1" and "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 platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "CN-1" Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map 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) • Noise impacts from non-residential uses should be reduced by creating a buffer open space between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used Staff Report Page 3 singularly but are usually most effective when applied in combination to provide the desired effect. (Flour Bluff ADP, Policy Statement B.2) Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) warrants an amendment to the Future Land Use Map. • 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 has not been developed since annexation in 1961. • Commercial zoning is appropriate along "A1" Minor Arterial roadways. Flour Bluff Drive has existing properties with commercial zoning to the north and south of the subject property. • If the "CN-1" Neighborhood Commercial District is approved, the proposed development will still need to abide by all requirements of the Unified Development Code (UDC). Planning Commission and Staff Recommendation (May 30, 2018): Approval of the change of zoning from the "RM-1" Multifamily 1 District to the "CN-1" Neighborhood Commercial District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 6 within 200-foot notification area 5 outside notification area 0 M As of May 25, 2018: In Favor — 1 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area a — 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0518-02 Siecoast Development,Inc\Council Documents=Report_0518-02 Siecoast Development,Inc.docx Staff Report Page 4 cc;-1 J� � v SUBJECT PROPERTY ¢ RS-6 RM•1 RQ A. .R 1111 3 4 3/ sr �S7r G DO PydpMas BY..tiIS kIc RQf DapannRrll Of fTevrlopmlRa d�►K<: CASE: 0598-02 4.0.. ZONING & NOTICE AREA i' Rr-1 M. llfamlly 1 l UqM IndusMal - RM 2 WtMamlly 2 IN Maxey InEwMel RY-3 VURIN.Ily 3 PUD Prnnatl Unt Dav O,," ON PTohsalon l Office RS-10 51101.-Famey 10 stamCT RM AT MuRtMmily AT Rai 51nple4—ty a rS._ PROPERT CN-1 Nalght #—d Commarerl Rai 3 Su.gr•IxmMy a S "'44 CN-3 Ne.phb hood CommveNl RS-TF Twa-FalnRy CR-1 A.-I[ommarcri RS-13 Smpr•Famry 15 cill-i Raton COmIial RE Raeltlr•ntul Eatar CG.1 Gananl C—marcMl RS-TN Townhouse r.yo Lw r'+° C04 G.Wal Camaaeeelal Sp 8PeC1a1 Permll Cl In N+laNe Commerc4t Ry RKMatomil VehIDO Park CW Dow»Rown Commarwl INok t lmwtvrft—d Nnm. FR Ratonammarcrl 4 i FR Firm Rural N NMlork Overlay M BufineN Parl �-qy. f' n f. •A. ,' rAwr Clryof ».r.is i e�1ti. �rrr- Q►. LOCATION MAP Y.Ychtloanwst.:I.n� •.tiO::�l:•t WIT"C(1 Staff Report Page 5 Persons with disabilities planning to attend this meeting, who may requke special services, are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con incepacidades. Slue tienen la intencion dg asistir a esta iunta v sue requieren serviclos especiales, $e les suplica due den aviso 48 hDras antes dem iunta Ilamando al departamento de serviciios de desarrollp al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting Si usted desea dirigirse a la commission durante la iunta v su ingles es limitado favor de Ilam r al departamento de servrncios de desarrollo at numero(3611826-3240 at mends 4$ horas arles de la iunta para sohotar� un inlerorete ser presente durante la runts. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0518-02 Siecoast Development, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM-1" Multifamily 1 District to the"CN-1" Neighborhood Commercial District, resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 1752 Flour Bluff Drive and Lot 1, Block 1, Billie Vann, located on the west side of Flour -Bluff Drive, south of Graham Road, and north of Don Patricio 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 30, 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. 0. BOX 9277, CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Lmvs,no discussion shag be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,slither at home or office,or In persom by telephone call or by letter.D Printed Name: Address: 14Cf CitylState: C G_ i i ��1 S t? (V) IN FAVOR ( ) IN OPPOSITION Phonc: 361 I L7-- U 03 REASON: 5 w,14 K7 r,tY tZt, ! IS tot 45 f f r 4-1101 rlvt 7 Oh M�'rel ti d0 +eU O T Vj/k"f +C1 ht X 4' ` Vrr-�trhy�v/ f Signature SEE MAP ON REVERSE SIDE Case No 0518-02 INFOR Case No.: 18ZN1010 Project Manager Andrew Dimas Property Owner ID:1 Email-sndrewd2§cctexas corn Il I • I 1 Zoning Case #0518-02 Siecoast Development, Inc. Rezoning for a Property at 1752 Flour Bluff Drive City Council Presentation July 17, 2018 Aerial Overview PROPERTY 0 a. X1,00 �r,��' �► %,.�;�� `. r]r% Subject Property at 1752 Flour Bluff Drive °TFasTo Vicinity Map k CJ�4,� �RS.B t (S)OpenSfre,2iNlap and contributors; e,=.10'..ns-Bhare Alike License(6G-BKSA) Zoning Pattern 200 00 � R 4 PROa ' 93 2005 �Q 4 Planning Commission and Staff Recommendation Approval of the change of zoning from the "RM-1 " Multifamily 1 District to the "CN-1 " Neighborhood Commercial District . Plat LWWU7:7r IMA9,1Z, " �^^ VOL. A, PC. 41-43 INEm AV O9a,m lam+. M.R.N.C. r 71.7!5 IGO r. AAVMCr All W-21MMM / nl B/LL1E_MANN W 21.70�e "SUBDN1S10N S � s 100101au ONE VOL. 37, Pd. 18 WMI M.R. u, / o OPJI.KC. YN h �iJ q' w 7a7o � o as wee me 7e. ,q� G OltKC.. iJ t� K 17.137.4p.p L I.TI.NIJI O POS r Sir ON ue0 raw LXGIND .nK ware w s7wm _11j'we0�>R 1LM wwl[UP 71651i.17)I[N6- 6 -= UDC Requirements Buffer Yards: "CN-1" to "RM-1" Type A: 10' & 5 pts. a Setbacks: Street: 20 feet fp Side: 0 feet (no adj. res.) Rear: 0 feet(no adj. res.) Parking: 1:250 net floor area F FRsr�, Uses Allowed: Retail, Offices, and Multifamily. *Bars/Nightclubs Not Allowed in "CN-1„ mus c� 0o a o AGENDA MEMORANDUM NCORPORPE 1852 Public Hearing and First Reading for the City Council Meeting of July 17, 2018 Second Reading for the City Council Meeting of July 24, 2018 DATE: June 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 4549 Violet Road CAPTION: Case No. 0518-03 Elaine Pittman and James Massur: Ordinance rezoning property at or near 4549 Violet Road from "RS-6" Single-Family 6 District to the "RV" Recreational Vehicle Park District. PURPOSE: The purpose of this item is to allow for the construction of a 73-pad recreational vehicle park. RECOMMENDATION: Planning Commission and Staff Recommendation (May 30, 2018): Approval of the change of zoning from the "RS-6" to the "RV". Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1 . Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "RV" Recreational Vehicle Park District is consistent 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. 0518-03 Elaine Pittman and James Massur: Ordinance rezoning property at or near 4549 Violet Road from "RS-6" Single-Family 6 District to the "RV" Recreational Vehicle Park District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Elaine Pittman and James Massur ("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 30, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS-6" Single- Family 6 District to the "RV" Recreational Vehicle Park District and on Tuesday, July 17, 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 Elaine Pittman and James Massur ("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 6.494 acres out of Lots 5 and 6, Shell Road Poultry Acres, located on the west side of Violet Road, south of Interstate 37, and north of Leopard Street (the "Property"), from the "RS-6" Single-Family 6 District to the "RV" Recreational Vehicle Park District (Zoning Map No. 062050), 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. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@28262283\@BCL@28262283.docx Page 2 of 5 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@28262283\@BCL@28262283.docx Page 3 of 5 STA rE OF TEXAN COUNTY OF NUECES Field holes of•6 494 acre trau described to a deed words d in V%AWM 1532.rye 711,Dctd Records of Nueces County Texas.Said 6.444 acre tract alw being}our rd Luta 5 and 6,Shell Road Pwlay Acres.as clown,xr a map recorded in Volume 5.Pace 40.%tap Records of Nwoaa County,1 eras`Said 6 494 acre tract being more part.cularh described as follows BEGINNING at a point Ior the cat sumer of this surrey.from WHENCE a S 're-Tyr sound at OK rmersection of the naxthwest r*d of way of Viols RoW and the acwlbwsct riga 0(%"of(atersoase Highway 37 and for the east corner of Lot 1.Block 1.Shell Road P,wkry Acres,as show n an a carr racur&4 rn Volume'_9.Pagle 3S-Map ReocMb Nueces l ounty. feyas beats.North 40'26'55'Era,a distance of 161 94 led. THENCE South 43"36'59"N ca,n drotowc of 49 72 lest to it punt for an outside comer of this sone-.. THLNCE Poxth$4*42'39"N'cat-err a distance oaf 10.52 feat pass a 5.5"re-ba found as an oflsct_at a distance of 13.19 feet pass a 5 5-'re-bis found as an olTset.and to all a tang distance of 344.41 feet to a 515"re-Isar found for the north corner of Lot 6-C.Shell Road Poultry Acres,as dxrwn ear a mall rccordud in Volume 59,Page 77.Map Records of hueoes Conary.Texas,and for an inside corn"of this serve,. THENCE w idr the common line of I.yrs&14.6-l',of said Shell Road Poudry Aeras(Vol S9.Pg.7')and this survey.South 4W44'(18'We%.a distance M'423.70 feel tom 5-5-re-har found for the common wei: corner it said Lot"mod Lot 7-8.Shell Rand Pusrfiry Acre%,as shuwn on a nip rymr>drj sat Vuiranc 6_. Pale 1 71,Map Records of Nucccs County.Tcxns,fix the cost corner of Church Street and rix the south curie,of this sine•. THE..%CE North$3'00'05"West at a distance of 50 00 fico grass a point for the north cornea•of c hursh Suwt,from WH"CE a Ni re4w forced for a point of curvature to the mortrwest not of way of 0wrch Street bears,South 38°04'16"Vim a distawe o(946.70 feet.and res a8 a kAW drusnce o(35.1-37 feet to a 5 8'n-bar set in the southeast line of rhe 50'Seadrift Pipeline not of con,ilmnbed in a deed recorded m Volume 625.W¢c 109.Deed Recaxd%of`recces County,Texas,for the common recopLied Mc.t corner of the lames Louis Sark ; I4 acre tract,dewnhed in a deed worded in Document\u. 929'_55,Deed Records of%w%cs County.Teats and ref Loo 6 and',ref said SMI Road Pouftn Acres I V ul 5,P% 40L and fur the west coater of this ssrncy.front WHE14CE a S'8"n-bar feud for the south corner of toad So'Seadrift Pipeline right of way bears.South 33'29'12-N est-a dsstanve of 840.65 feet THENCE wdh the c amnion Imo of ad 50'Seadrift Poebw not of wa).I_rxs 1.6-of sasd Shell Road Poultry Arses(Vol.S,P8-W1.and this surae).North 35'29'12-FAm.a dnuace ref tIS4 56 feet W a 5X- m,ber act for the carnation recognized west caner or Lob 4 and 5.of said Ski l Rost)Pouhry Anes(Vol, %Pb 401 and for the north c.Kntr o f this wane-. 1'HIhCF South 54`41'.'1'last,a a disgma v1'9::.I9 foci pts a Sal'tc4w feud as as offset,and in all a anal distance o(94'.39 feet to the POINT of BEI,INN I.VG of this tract.and containing 6 491 acres of larsIL more or Iters. Notes. 1.)Bearings air based on Global Ponutoning 5)stent 1%AD 93(93)4205 Detuin. 2.1 A Map of dual date aoeompantet this:Mees and Bounds descriptsun 3.1 Set 51'-rc har re-baf set.iih.clie.plastic cap labeled Witter Survey mg I.RnnaW h Rnster ds hereb%ccrfiN that this sw%e5 of the pruperts Icplh descntsed bcretn wus made on the Swund this dmy f ebmr-, I._-'011 and i%cocrevi iu the her;of m)rrwwled5c anal bulrcf. RtmaW / tater,RPLS Vo.5407 Date Tct+rarar) 13.21018. 'S E 011,r O�err*40o�� RahA_0 E SRSTIIt 4�'�df' at" gat+Vu MAW C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easy PDF 8\@BCL@28262283\@BCL@28262283.docx Page 4 of 5 pill i ills � j �37Y15IIJN:1)i� No it €a I > 0oil f p R j C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@28262283\@BCL@28262283.docx Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0518-03 INFOR No. 18ZN1011 Planning Commission Hearing Date: May 30, 2018 = Owner: Elaine Pittman and James Massur a a 0 Applicant: Internal Industries, LLC. ,L Za Location Address: 4549 Violet Road a 5 Legal Description: Being 6.494 acres out of Lots 5 and 6, Shell Road Poultry Q°a o Acres, located on the west side of Violet Road, south of Interstate 37, and north of Leopard Street. *, From: "RS-6" Single-Family 6 District To: "RV" Recreational Vehicle Park District 'Es Area: 6.494 acres N ° Purpose of Request: To allow for the construction of a 73-pad recreational vehicle park. Existing Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Vacant and Low Mixed Use Density Residential M "CG-2" General Commercial and C North Commercial Vacant Mixed Use 'E N "RS-6" Single-Family 6 Vacant, Low South and "CG-2" General Density Residential, Mixed Use J Commercial and Commercial LU East "CG-2" General Commercial and Mixed Use Commercial Vacant West "RM-1" Multifamily 1 Medium Density Mixed Use Residential Ca Area Development Plan: The subject property is located within the boundaries CL c of the Northwest Area Development Plan and is planned for mixed uses. The M ° proposed rezoning to the "RV" Recreational Vehicle Park District is consistent a o with the adopted Comprehensive Plan (Plan CC). a Map No.: 062050 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 74 feet of street frontage along Violet Road which is designated as an "A2" ° Secondary Arterial Street. According to the Urban Transportation Plan, "A2" N Secondary Arterial Streets can convey a capacity between 20,000 to 32,000 Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation � O Plan Type Section Section Volume "A2" Secondary 100' ROW 89' ROW Violet Road Arterial Street 54' paved 55' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "RW Recreational Vehicle Park District to allow for the construction of a 73-pad recreational vehicle park. Development Plan: The subject property is 6.494 acres in size. The owner is proposing 73 reverse-in pad sites, representing a density of 11 pad sites per acre. It will be fully landscaped with concrete roads and pads. This development will require the demolition of 4 old storage/feed barns, 3 Pole Barns and 2 sheds. No additional structures will need to be constructed. The existing 2,470 square foot house will be modified to provide the following uses/amenities: Office, Clubhouse, Laundry Facility, Mail Kiosk and Full time "On-Site" Management Living Quarters. The amenities are described as: 1 community room (772 square feet), a mail kiosk area (10 square feet), a laundry facility (225 square feet), and restrooms (203 square feet). The permanent living quarters (646 square feet) has 2 bedrooms and 2 full bathrooms. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District vacant land and a single-family home with feed barns. The subject property was zoned "RS-6" Single-Family 6 District in 1962 at the time of annexation. To the north and east are commercial properties zoned "CG-2" General Commercial District. The commercial properties consist of restaurants, hotels, and a convenience store/fuel station. To the south is an older single-family neighborhood (Shell Road Poultry Acres Subdivision) zoned "RS-6" Single-Family 6 District with homes dating back to the early 1950s. To the west is a pipeline easement approximately 50-feet in width. Across the pipeline easement is a multifamily apartment complex (Lost Creek Ranch Apartments). The apartment complex consists of 249 units and all buildings are 2 stories in height. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "RW Recreational Vehicle Park District is consistent with the adopted Comprehensive Plan (Plan CC) and 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, Staff Report Page 3 and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Promote the stabilization, revitalization and redevelopment of older neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Support planning to explore the idea of creating urban and neighborhood villages at major intersections as identified by the mixed-use category in the Future Land Use Map. (Future Land Use, Zoning, and Urban Design Policy Statement 2) Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). • 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 "RS-6" Single-Family 6 tract. The property has not been developed further since the construction of the single-family home in 1975. • The only access to the proposed RV Park will be through Violet Road which is a designated "A2" Secondary Arterial Street. Additionally the site is approximately 500 feet away from access to Interstate 37. • The private 50-foot pipeline easement to rear of the subject property will act as a buffer between the proposed Recreational Vehicle "RV" park and the neighboring multifamily apartment complex. • The Unified Development Code (UDC) allows properties zoned "RV" Recreation Vehicle Park District to have a maximum density of 25 units per acre. At 6.494 acres, this would equal 162 pad sites. The applicant is only proposing to place 73 pad sites or roughly 45% of the maximum density allowed. • The Future Land Use section of Plan CC identifies the area with a "Mixed Use" designation. According to Plan CC, a "Neighborhood Village" under the "Mixed Use" designation are smaller, walkable, mixed-use villages that can be as small as a few blocks around an intersection. The subject property is within walking distance to restaurants, convenience stores, and a grocery store. • To the south of the subject property are older single-family homes dating back to the early 1950s. The Future Land Use for these properties is also Mixed Use. • If the "RV" Recreational Vehicle Park District is approved, the proposed RV resort will have to abide by all of the requirements of the Unified Development Code (UDC) including appropriate density, access to a public street, separation between pad sites, an internal drive, buffering/screening, and any amenities. • According to section 6.1.2.D.2 of the UDC, "Trailer pads shall be rented by the day or week only and the occupant of a trailer pad shall remain in the same Recreational Vehicle Park not more than 180 continuous days." • According to section 6.1.2.D.3.a and b, "The following uses shall be permitted as accessory uses to a Recreational Vehicle park provided that such uses do not occupy more than one-third of the area within the Recreational Vehicle park development. (Barber shops, beauty parlors, car wash, convenience grocery stores of less than 4,000 square feet, day care centers, dry cleaning receiving stations, fuel Staff Report Page 4 sales, restaurants excluding bars, taverns or pubs, and self-service laundries.) None of the described uses shall be allowed to operate within the proposed recreational vehicles. A single-family dwelling unit or Manufactured Home for resident watchmen or caretakers employed on the premises shall be permitted. Planning Commission and Staff Recommendation (May 30, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RV" Recreational Vehicle Park District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 22 within 200-foot notification area = 6 outside notification area 0 As of May 25, 2018: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 2 inside notification area a — 0 outside notification area Totaling 4.65% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0518-03 Elaine Pittman and James Massur\Council Documents=Report_0518-03 Elaine Pittman and James Massur.docx Staff Report Page 5 Yl�l AF RS-6 S-6 `r R0 Mly3� coo Tp Ff 37 RMP SUBJECT ry�A PROPERTY 3� ha�F CQ-2 0-2 ACC�SSA rVy CG-2 17 ` 6 Q-.-2 ,_ 1 20 11 M 6 9 10 Q � 3 G-2 21 $ AOR ..'. . s.s 0 4 Fs�yr 199 JQ, cx.1 ASO' �� Cyaaaad?{R�MlO1{ P14-B2:�WUIYSmO aara�onane wffa.awnnlaot IFmTroaF Mimi CASE: 0518-03 ! �� ZONING & NOTICE AREA ' ti RM-1 lAraFararl L I.01InOsblr RM4 MuR/Ymly2 IN Hawylnduaftir _ 11113 MulMarry 3 FUO FNannad Und Dw.OaYMy ON Prahaaanr OIRea RS-10 Biro$Family 10 WAT MullftamN ATR{! flnyaFYnlly{ - -- C" NH{IrMroa Co,amarcw RS*F Ttw•Frnl Clt.t Rmen Co r" R&IS SUMMFarlly l{ CR-2 Raawttom ild RE Ratid.naWIEfNta r7 CO.1 Ganerr Camma cld In TN T"r*WK" 00,2 OanYtl Cwnwclal SP Spatial hlmR t CI Intw i"Caaraarclrshkft PROM CBD DewawnCwnmarwl MSMUFS I NOW" M FIR F. Co,wwrpal MH MY1JKtufM Nora ' FR Ftr-Rmf N HrtwK Ovalgy rI BP &tllMaa PYM C Cly til LOCATION MAP t'uIT1tI. Staff Report Page 6 At r. k ' tE E 3T I i MLM r ' � 'lid g M`7t �■ SCrr — --- _ .raa ii i • MASTER DEVELOPMENT PLAN Staff Report Page 7 Persons with disabilities planning to attend this meeting, who may require special services, are re:,uested to contact the Development Services Department at least 48 hours In advance at(361)826-3240. Personas con incaoacidades, aue limen la intention de aslstlr a esta iuntay oue reguieren servicpos especiales, se les suplica quo don aviso 48 brise antro rlra la iuntp Ilamanrin al den rtamen(n de serv)cios de desarrollo, al n6moro(361)826-3240. If you wish to address the Commission dunng the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si u_sted desea dipgirse a la commission durante la iunta v su angles es limdado, f ver de Ilamar at deoartamento de s .rvidos de desarrollo at numero 1 I mencis Q horas antes de la junta para solrcitar I un inlorprete ser presente durantg I$iunta l CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0518-03 Elaine Pittman ar.d James Massur have petitioned the City of Corpus Chnstl to consider a change of Zoning from the "RS-i Single-Family 6 District to the"RV" Recreational Vehicle Park District, not resulting in a change t0 the Future Land Use Map. The property to be rezoned is described as 4549 Violet Road and being 6.494 acres out of Lots 5 and 6, Shell Road Poultry Acres, located on the west side of Violet Road, south of Interstate 37, and north of Leopard Street. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning, The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, May 30, 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: M accordance with the Planning Commission By-Laws, no discussion shall behold by a memberornierrAws of this Commission with an applicant or appellant concerning an application or appeal,either at horre oroftke,grin psrsat, by telephone call or by letter. Printed Name::S�Mn (,-y p . x It�Z28 ��� Address:II�.bLe oDGf C�:� City/State:C6� u", �J 11 151, �X ( ) IN FAVOR ( IN OPPOSITION Phone:11>6}_ 200--�6 6 REASON: —j'bc) rn,..CA. r1e�S�7 w C C,` cad 1 QV 2 ara v,-Ck f`nA - n� 006 ���ceSr d� W arA u�� C, ofX� Aar house- Mr-Y-,n CV,J fnc�J 016%n a v.vk o 1,AA q� A-t*n!i; �' c. �,cj n, g ure SEE MAP ON REVERSE SIDE �J Case No.0518-03 INFOR Case No.: 18ZNIOI1 Project Manager:Andrea Dimas Property Owner ID:11 Email:andre•nd2(gcctexas.com Staff Report Page 8 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours In advance at(361)826-3240. Personas con incaparidades. cue t,enen la intencion de asisur a esta junta y clue requieren serviaos especiaies. se les suplica nue den aviso 48 hrvac antro rho la hinta Uamanrin al cleoarlarnerifn de serJcios de desarrollo 21 numero 61 826-3240. If you wish to address the Commissan during the meeting and your English is limited, please call the Development Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su males es limdado favor de Ilamar al deoartamento de servicios de desarrollo a1 numero(3611826-3240 at menos 48 horns antes de la iunla para solrcitar Lun interprete ser presente durante la junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0518-03 Elaine Pittman ar.d James M.assur have petitioned the C ty of Corpus Christi to consider a change of Zoning from the "RS-6" Single-Family 6 District to the "RV" Recreational Vehicle Park District, not resulting in a change to the Future Land Use Map.The property to be rezoned is described as 4549 Violet Road and being 6.494 acres out of Lots 5 and 6, Shell Road Poultry Acres, located on the west side of Violet Road, south of Interstate 37, and north of Leopard Street. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, May 30, 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,StONED 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. MOTE: M accordance with the Planning Commission By-Laws, no dlseusslon shall bt hold by a member or mem5ers of this Commlaslon with an applicant or appellant concerning an application or appeal,either at home or office,or In person, by telephone call or by letter. Printed Name:I-P I11Q zJ r 1 Q x IOUs 1 Address:�Ia1�eGQGpt1 { . CitylState:� 5 1x,111 15-1 r �X ( ) IN FAVOR (,,r—IN OPPOSITION Phone:Sb 11- -y�' 119 REASON: —Tb() r1Nk-.6- r\e%sE- W L G-�t cad 1 dV2 aro v.r•v` f`r,anu - 0.a p1c,cP5r Clan-{ Wan-It\ k'--A C.n f\f7C� Aon `r\ousc i�� 1rG'V '1�1ir� c•r.v� o U� q1\ -�i1r•�YS ��4 �� ^ rg ure SEE MAP ON REVERSE SfDE Case No.0518-03 INFOR Case No.: 18ZNIOI I Project Manager.Andrew Dimas Property Ovrner ID:11 Email:andnrad2Qcctexas.com Il I • I 1 Zoning Case #0518-03 Elaine Pittman and James Massur Rezoning for a Property at 4549 Violet Road City Council Presentation July 17, 2018 Aerial Overview 7 o Pogo I'M I z s Subject Property at 4549 Violet Road T FROMtyd .' -VIOLET TO •' ,.t.% , IH 37 RMP P .Y �3, N3)Fwy tH 3' It f Vicinity Map usw e� elq NIrt (c)Open StreetMep and contrihulors, 000 �•o•=�=�+�° Creative Commons-Share Alike License'(CC5'BY-SA) 3 Zoning Pattern I ON 1215P MC3�J{ G4Toe ROFFIER loss 1-0 OL 10 Toss AL 0 qg�g I 4 Planning Commission and Staff Recommendation Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RV" Recreational Vehicle Park District . I� Site Plan ��C�139Yvt oucl OIso�R �Y=/sYm �u�iu t I vRcgi�uc�. �-L�.Y eura+*r orr a aUMMIS.T a a I »1/eusRl W-1-93..T -------------- --- -- ---- I I � 746 1 ` I 'I '� r�.ranuwaort d -- ----------------------- - sunmaMr � _ 6 UDC Requirements Table 6.1.2.0 DistrictDevelo argent Recreational Vehicle Buffer Yards: "RV" to "RS-6"/"CG-2" RV DISTRICT Max.Density trailersgross cc.) 25 Type A: 5 points (6 ft. fence). Min.Open Space(%gross site area) 8% Min.Site Arealoc.) 3 Day Min. ardsWidth(ft.) Rental 100 Yards Min.YaRental Sites: Da or week onlyand no Street Street(comer) 20 longer than 180 days in duration within the Side(single) 10 Side(total) 20 park. Rear 15 Min.Trailer Separation(ft.) BetweenTrailers 10 Accessory Uses: No more than 1/3 of park Between Trailers and Structures 20 Buildingioaccessdrive 5 Barber shops, Beauty parlors, Car wash, Min.internal Access Drive Width(ft.) See DA.(e) Convenience grocery stores of less than Property: 6.49 acres 4,000 square feet, Day care centers, Dry Proposed: 73 RVs with hookups cleaning receiving stations, Fuel sales, Amenities: Office, Clubhouse, Restaurants excluding bars, taverns or Laundry, and on-site pubs, and Self-service laundries Management Public Notification 22 Notices mailed inside 200' buffer SFR°�fy RMp RS 6 /�tOF7rp / 6 Notices mailed outside 200' buffer 3' SUBJECT ry FH37RMP 3, PROPERTY cG 3jqc Fk1 Ih3jFgy Notification Area 15 17 c Opposed: 2 (4.65%) s 16 20 19 6 g 10 / 12 21 In Favor: 0 2 13pa 8 SC �o U NOOR P 0 P PZ' 1852 AGENDA MEMORANDUM Public Hearing for the City Council Meeting of July 17, 2018 Action Item for the City Council Meeting of July 24, 2018 DATE: 7/5/2018 TO: Keith Selman, Interim City Manager FROM: Rudy Bentancourt, Housing and Community Development Director RudyB@cctexas.com 361-826-3021 Public Hearing/Resolution adopting the FY2018-FY2022 5 Year Consolidated Action Plan. CAPTION: Resolution adopting the fiscal year (FY) 2018-FY2022 5 Year Consolidated Action Plan (PLAN) which includes the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; authorizing the City Manager or designee to submit the FY2018- FY2022 PLAN to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes to the FY2018-FY2022 PLAN if required by HUD. PURPOSE: Purpose of Public Hearing is to abide by HUD requirements and to provide a "Citizen Comment Period" for citizens to provide comments on proposed project funding for FY2018-FY2022 5-year Consolidated Action Plan. The Resolution proposed will adopt the FY2018-FY2022 PLAN and allow submission of the PLAN to HUD. BACKGROUND AND FINDINGS: The FY2018-FY2022 5 Year Consolidated Plan provides an overview of housing and homeless needs in Corpus Christi, an analysis of the housing market, and a strategic plan for meeting needs identified through the development of the document. The analysis included utilizing the 2012-2016 American Community Survey data, along with 2010 U.S. Census data, and the HUD Comprehensive Housing Affordability Strategy data, with information gathered locally, including a homeless survey conducted in Corpus Christi, a survey of citizens in prioritizing needs, real estate data provided by the Association of Realtors and the Apartment Association, and building permit data compiled by the City of Corpus Christi. The major sections of the Consolidated Plan include Consultant and Citizen Participation, Housing Market Analysis, Housing and Homeless Needs Assessment, Strategic Plan and Annual Action Plan. The FY2018- FY2022 Consolidated Plan will be submitted to HUD on or before August 10, 2018 for review and approval. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Public Hearing is required per HUD Regulations. EMERGENCY/ NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Legal Finance— Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2018-2019 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Resolution 2018-2022 DRAFT 5-Year Consolidated Action Plan Presentation Page 1 of 2 Resolution adopting the fiscal year (FY) 2018-FY2022 Consolidated Action Plan (PLAN) which includes the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; authorizing the City Manager or designee to submit the FY2018-FY2022 PLAN to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes to the FY2018-FY2022 PLAN if required by HUD. WHEREAS, with proper notice to the public, published on July 1, 2018 in the Corpus Christi Caller Times, a public hearing was held on Tuesday, July 17, 2018, during a meeting of the City Council, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that adoption of this resolution would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY2018-FY2022 PLAN, which includes the CDBG, the ESG, and the HOME Programs is adopted. Additionally, the City Manager or the City Manager's designee is authorized to submit the FY2018-FY2022 PLAN to HUD and is further authorized to make changes to the FY2018-FY2022 PLAN if required by HUD. 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 City of Corpus Christi Community Development Block Grant (CDBG) Program HOME Investment Partnerships Grant (HOME) Program Emergency Solutions Grant (ESG) Program 1St Reading of Ordinance and Final Public Hearing on Proposed FY 2018 - FY 2022 Housing and Community Development MULLIN • _ July 17, 2018 LONERGAN ASSOCIATES Purpose Provide an overview on the Consolidated Plan process Review identified needs Review proposed activities Accept comments on needs and proposed activities I\ �m What Is a Five-Year Consolidated Plan ? Required for federal funding: FY 2018 HUD Awards $2,687,817 in CDBG funds $1,188,809 in in HOME funds $216,522 in ESG funds Covers the period 10/1/2018 through 09/30/2023 Process: Extensive stakeholder consultation(non-profit organizations,housing developers,economic development organizations,public and private agencies, local government,housing authority,etc.) Housing and homeless needs assessment Housing market analysis Strategic plan—local priorities Annual action plan—proposed activities for FY 2018 Extensive citizen participation—Online survey with 316 responses; 2 public hearings �J Identified Priorities Affordable Housing Initiative: Housing Rehabilitation Homebuyer Program Emergency Housing Repair Program Demolition Public Infrastructure Improvements: accessibility improvements (curbs), pre-development Support homeless efforts Public services: code enforcement and senior services; broadband connectivity Public Facility Improvements: community centers or Resiliency (flood mitigation/EOC leveraging) 1�- Schedule for Preparation and Submission of the FY 2018 — FY 2022 Consolidated Plan and FY 2018 Annual Action Plan Public needs hearing and stakeholder consultation — May-June, 2 018 Consolidated Plan and Annual Action Plan placed on public display — June 14- July 19, 2018 2nd Reading of the Ordinance and City Council action — J u ly 24, 2018 Submission of CP and Annual Action Plan to HUD — August 16, 2018 _�y Comments or Questions? City of Corpus Christi Housing and Community Development Department Rudy Bentancourt, Director rudyb(wcciexas.com Leticia Kanmore, HCD Administrator leticiak@cctexas.com a�; SC �o U NOOR P 0 P PZ' 1852 AGENDA MEMORANDUM Public Hearing/1St Reading Ordinance for the City Council Meeting of July 17, 2018 2nd Reading Ordinance for City Council Meeting July 24, 2018 DATE: 7/5/2018 TO: Keith Selman, Interim City Manager FROM: Rudy Bentancourt, Housing and Community Development Director RudyB@cctexas.com 361-826-3021 Public Hearing/1St Reading Ordinance regarding the City of Corpus Christi's proposed FY2018-2019 Consolidated Annual Action Plan. CAPTION: Ordinance adopting the fiscal year (FY) 2018-2019 Consolidated Annual Action Plan (CARP) for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs funding from the United States Department of Housing and Urban Development (HUD) and authorizing the City Manager or designee to execute all documents necessary to submit the CAAP, accept and appropriate funding for the approved CAAP projects and further execute funding agreements, amendments or other documents necessary to implement the FY2018-2019 CAAP with organizations for approved projects. PURPOSE: Purpose of Public Hearing is to meet HUD requirements and to provide a "Citizen Comment Period" for citizens to provide comments on the proposed project funding for the FY2018-2019 CAAP; the Ordinance will include the adoption of the proposed CAAP. BACKGROUND AND FINDINGS: The U.S. Department of Housing and Urban Development (HUD) regulation requires, as part of the approved process for the FY2018-FY2019 Consolidated Plan/Citizens Participation Plan, two (2) public hearings prior to the adoption of the FY2018-2019 CAAP. In order to maximize the citizen comments from the public, a total of four (4) Public Hearings were held. An initial public hearing was held at the City of Corpus Christi's City Hall on February 9, 2018. A second public hearing to receive additional input was held on February 15, 2017. A third public hearing was scheduled on June 5, 2018. The public hearing to be conducted on Tuesday, July 17, 2018 by the City of Corpus Christi's City Council will more than satisfy the requirement of the two required hearings, though three public hearings were held. The City of Corpus Christi has received official notification from the U.S. Department of Housing and Urban Development (HUD) of the FY2017-2018 funding allocation for the following programs. $2,687,817 Community Development Block Grant (CDBG) $216,522 Emergency Solutions Grant (ESG) $1,188,809 HOME Investment Partnerships Program (HOME) It is important to note that for FY2018-2019, CDBG will experience a 11.75% increase ($282,624), ESG will experience a .04% increase ($90), and HOME will experience a 40.75% increase ($344,213) from prior year funding, based on the entitlement funding which will be received from HUD. An additional funding in the amount of$343,000 which was recaptured from previously funded projects that were unspent has been made available to be reprogrammed as well as $450,000 of generated program income from the Rehabilitation Loan Program has been made available to augment funding levels for the upcoming FY2018- 2019 CDBG program allocations for a total funding level of$3,480,817. Since 1975, the City of Corpus Christi has received funding for its CDBG Programs in excess of 178.9 million, of which approximately 22 million has been income generated by various programs administered by the Housing and Community Development Department. The ESG Program will have an allocation amount of$216,522 for FY2018-2019. The intent of the ESG Program is to provide funding to providers of Homeless services to support the efforts of Emergency Shelter, Homeless Prevention and Rapid Re-Housing activities. Emergency Shelter activities assist with the shelter operations and staffing for homeless shelters. Homeless Prevention activities assist individuals and families who are currently homeless but are at high risk of becoming homeless "but for" this assistance. Rapid Re- Housing activities assist those individuals and families with rapidly rehousing those who are homeless back into permanent housing "but for" this assistance. Commencing in 1987, the City of Corpus Christi has received in excess of$4.7 million in funding for ESG services. The HOME Program will have an allocation amount of$1,188,809 as a funding level from entitlement funds to be received, with an additional $400,000 being made available for reprogramming from previously funded recaptured program funds, an unallocated amount of$375,000 from the FY2017-2018 HOME entitlement, as well as an additional $340,779 generated from the Rehabilitation Loan Program for a preliminary estimated funding amount of$2,304,588 for the FY2018-2019 budget year. The HOME Program was initiated in 1992 with the mandate to increase and improve affordable housing opportunities; HOME funds totaling $38.8 million have been utilized to fund Rental and Home Ownership programs in addition to the rehabilitation and reconstruction of affordable housing within the City of Corpus Christi. Of the $38.8 million in HOME funding, approximately $5.3 million of those funds have been made available from previous loans as generated program income; these funds have been utilized to augment available funding. The FY2018/19 CAAP represents the first annual action plan of the developed five-year (FY2018-FY2022) Consolidated Plan and is the application for HUD for funding for the CDBG, ESG, and HOME Programs. The FY2018/19 CAAP describes the activities and projects to be assisted with funds received under CDBG, ESG, HOME, and other HUD/Non-HUD programs that help to meet housing and community developed objectives. The Housing and Community Development Department adopted a timeline that provides for public hearings during Technical Assistance Workshops which were held on February 9, 2018, February 15, 2018, and June 5, 2018 to be followed by the City Council public hearing on July 17, 2018. Citizens' public comment period begins on June 14, 2018 and ends July 19, 2018, for the FY2018/19 CARP. Subsequently, adoption of the CAAP is scheduled for July 24,2018, allowing timely submission of the program to HUD. The proposed FY2018/19 CAAP has been developed according to HUD regulations. Staff will be making a brief presentation to the City Council at the opening of the Public Hearing so that staff may outline the FY2018-2019 CAAP's eligibility criteria for the programs and staff's recommendations. Housing and Community Development held four Technical Assistance Workshops on February 6, 9, 15, and 21, 2018, and two Technical Assistance Workshops which included a Public Hearing on February 9 and 15, 2018, and one Public Hearing on June 5, 2018. Also held were two Neighborhood Meetings, in conjunction with Technical Assistance Workshops, on February 15 and 21, 2018 at Corpus Christi City Hall. The public hearing date with City Council was also disclosed at this time. The FY2018-2019 Consolidated Annual Action Plan will be submitted to HUD on or before August 10, 2018 following the required citizen comment period. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Public Hearing is required per HUD Regulations. EMERGENCY/ NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2018-2019 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: At the conclusion of public hearing, the City Council may, at their discretion, discuss any and all recommendations and provide direction on the projects/activities to be funded under the FY2018-2019 CAAP LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation CDBG Attachment FY2018-2019 ESG Attachment FY2018-2019 HOME Attachment FY2018-2019 City Council Policy No. 9 Ordinance adopting the fiscal year (FY) 2018-2019 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs funding from the United States Department of Housing and Urban Development (HUD) and authorizing the City Manager or designee to execute all documents necessary to submit the CAAP, accept and appropriate funding for the approved CAAP projects and further execute funding agreements, amendments or other documents necessary to implement the FY2018-2019 CAAP with organizations for approved projects. Whereas, with proper notice to the public and in accordance with HUD regulations, four public hearings were held, the first and second on February 9, 2018, February 15, 2018, the third on June 5, 2018, and the fourth during a meeting of the City Council, in the Council Chambers on Tuesday, July 17, 2018. All hearings were held at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, the City Council has determined that this Ordinance would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2018-2019 CAAP, which includes the CDBG, the ESG, and the HOME Programs, is adopted. Section 2. That the City Manager or the City Manager's designee is authorized: • to submit the FY2018-2019 CAAP to HUD, and • to amend the FY2018-2019 CAAP if required by HUD. Section 3. That the City Manager or the City Manager's designee is authorized: • to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2018-2019 CAAP, and • to execute funding agreements, amendments and all other documents necessary to implement the FY2018-2019 CAAP with organizations for approved projects. @BCL@D83A8336.docx 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 day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor @BCL@D83A8336.docx CITY COUNCIL - 1st Reading Ordinance Staff Recommendations for the FY2018-2019 CAAP City Council July 17, 2018 `\ i Staff Recommendations - CDBG FY2018 • HCD - CDBG Program Administration - $457,000 • HCD - Rehabilitation Services - $752,000 • HCD - Single Family Rehabilitation - $542,981 (PI-$450,000) • Library - McDonald Library Broadband - $214,804 • Police - Code Enforcement - Demolition - $100,000 • Police - Code Enforcement - Clearance of Vacant Prop. - $100,000 • Police - Code Enforcement - Staffing - $307,032 • Parks and Recreation - Nutrition Education Service Center (Delivery Vehicle & Appliances) - $110,000 • Engineering - Sunnybrook Rd Sidewalk Impr. Phase I - $398,500 • Engineering - Sunnybrook Rd Sidewalk Impr. Phase II - $398,500 • Nueces Co. Community Action Agency - Weatherization - $100,000 Staff Recommendations - ESG FY2018 • City of Corpus Christi - ESG Admin Cost - $16,232 • Corpus Christi Hope House - $50,073 • Corpus Christi Metro Ministries - $50,073 • Family Endeavors of Corpus Christi - $50,073 • The Salvation Army - $50,073 Staff Recommendations - HOME FY2018 • HOME Administration/Technical Assistance - $118,880 • Homebuyer Assistance Program - $100,000 • Homebuyer Gap Financing Assistance Program - $500,000 • Accessible Housing Resources, Inc. - $110,379 • Community Development Corporation of Brownsville - $300,000 • HOME Program Unallocated Funds - $1,175,329 QUESTIONS? CITY OF CORPUS CHRISTI FY2018 ANNUAL ACTION PLAN RECOMMENDED FY2018 CDBG PROGRAM FY2018 CDBG Allocation $2,687,817 Reprogrammed Funds $343,000 Program Income from Rehabilitation Program(Revolving Loan Fund estimate) $450,000 TOTAL FUNDS AVAILABLE FOR FY2018 CDBG PROGRAM $3,480,817 # PROJECT&DESCRIPTION Request Staff Recomm HCD-CDBG Program Administration This project will fund 6.50 FTE staff salaries and administrative costs:1- Administrator,1-Program Manager,2-Sr.Management Assistants,and 2.50-Contract Administrators. Staff is responsible for administering the Community Development Block Grant(CDBG),the HOME Investment Partnership(HOME),and Emergency Solutions Grant(ESG)Programs. 1 Staff interprets CDBG,HOME,and ESG federal regulations,conducts $457,000 $457,000 public hearings/meetings,reviews proposed projects and activities to determine funding and eligibility,monitors subrecipients for program compliance,provides technical assistance,conducts environmental assessments of funding projects/activities,and enforces Davis Bacon Federal wage rate requirements. Staff must attend mandatory and required trainings in order to remain in federal compliance. HCD-Rehabilitation Services This is the operating budget for 14 FTE staff that service the various housing programs administered by HCD:1-Director(at 60%),2-Program Managers,4-Property Advisors,1-Contract Administrator,4-Loan Processors,1-Mortgage Servicing Aide,1-Managment Assistant(at 40%), 1-Managment Aide,and 1 Sr.Staff Assistant. The staff manage and administer the Demolition/Reconstruction Loan Program,Single Family Rehabilitation Loan Program,Minor Home Repair Grant Program, Appliance Replacement Grant Program,Homebuyer Closing Cost Program,the Type A Homebuyer Program,and Mortgage Servicing which 2 manages the servicing of approximately 700 loans provided through the $752,000 $752,000 Single Family Demolition/Reconstruction and Rehabilitation Loan Programs. Services include collection of loan payments,escrowing of insurance and property taxes,payment of insurance and property taxes, preparing end of year escrow analysis,and providing release of liens on loans that are paid off. Services provided include applicant in-take,loan processing,loan settlement,Homebuyer Education,construction monitoring,project estimating,and development of specifications and drawings. Staff must attend mandatory and required trainings to remain in federal compliance. HCD-Single Family Rehabilitation The Single Family Rehabilitation Loan Program benefits only low-and very low-income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating 3 their homes.Funds requested will be used to provide rehabilitation and $542,981 $542,981 reconstruction loans,demolition grants,relocation grants and lead base paint grants for remedial activities.Rehabilitation Loan Program. Program Income-$450,000 Library-McDonald Library Broadband project This project proposes to expand Ben F.Mcdonald Library's broadband capability from 50Mbps,which is shared with five other library locations,to 4 1 Gbps.Approximately 10,000 feet of fiber will be installed from Navigation $214,804 $214,804 Blvd and Bear Lane to the Library.Five wireless access points will be installed within the library to provide wireless/broadband access. 1 # PROJECT&DESCRIPTION Request Staff Recomm Code Enforcement-Demolition This program consists of the demolition of substandard structures determined to be health and safety issues and meet a threshold of 51%or more deterioration of the general structure.The demolition of these structures is an abatement measure as deemed ecessary by the City Code of Ordinances and Public Safety Officials.The removal of unsafe structures is a priority for neighborhood revitalization within the community as well as a goal established by City Council.Each structure will be assessed and surveyed by Code Enforcement as a sub-standard building 5 case.The property owner is provided the opportunity to resolve the sub- $100,000 $100,000 standard conditions within the parameters of the City's Building Codes. Structures remaining sub-standard will be demolished under the authority of the Building Standards Board.The City may charge an abatement cost and place a lien against the properties to cover the cost incurred;or,The Demolition Grant Program allows the property owner the opportunity to voluntarily agree to have their structure demolished.This Program benefits low income persons in CDBG eligible areas to aid in the prevention/elimination of slums or blight. Code Enforcement-Clearance of Vacant Properties This program consists of the clearance of vacant properties in regards to the removal of the accumulation of litter;solid waste;the mowing of tall weeds and dangerous weeds;and,abatement of unsightly and unsanitary matter.The City may charge an abatement 6 cost and place a lien against the properties to cover the cost incurred. $100,000 $100,000 This Program benefits low income persons in CDBG eligible areas to aid in the prevention/elimination of slums or blight.All CDBG eligible census tracts in the city meet the HUD criteria for a deteriorating area and meet the national objective of serving the low income clients. Code Enforcement Program(Staffing) This request is to fund full salary for six(6)full-time employees in the Code Enforcement Division of the Police Department-five(5)Compliance Officers at 100%and one(1)Senior Account Clerk at 100%for special code enforcement activities associated 7 with the investigation,notification and abatement of ordinance violations $307,032 $307,032 in CDBG eligible areas.This amount includes$10,000($1,666.67 for each staff member for required training and certifications.)Program benefits low income persons in CDBG eligible areas to aid in the prevention/elimination of slums or blight. Parks and Recreation-Del Mar College Nutrition Education Service Center The Senior Community Services Nutrition Education Service Center (Central Kitchen)prepares approximately 233,009 meals for the Elderly Nutrition Program that includes the meals served at 8 senior centers,the Meals On Wheels Program and the Summer Meal Program for Children/Youth.The Central Kitchen is located at Del Mar West Campus 8 and was constructed in 1999 with CDBG Funds.Adjacent to the Central $110,000 $110,000 Kitchen are four classroom utilized by Del Mar College for the Restaurant and Hospitality Management classes.The replacement of the one(1)3/4 ton delivery vehicles for improved safety and efficiency of meal delivery to the senior centers.The current vehicle is a box truck with a lift and the year of the vehicle is 1999(171,866 miles).Purchase of two(2)Titling one(1)Skillet Braising Pan;one(1)milk cooler;and one(1)stainless steel three compartment sink with countertop. Engineering-Sunnybrook Road Sidewalk Improvements-Phase I The existing rural roadway section will be transitioned into an improved section with underground drainage,minor utility adjustments and ADA compliant sidewalks after all phases are complete.The design will evaluate and recommend upgrades to the existing drainage capacity for installation of a new 5'sidewalk on one side in Phase 1.The proposed improvements provide improved access and safety for pedestrians and bicyclists with minor drainage improvements that reduces potential for nuisance 9 flooding,mesquites and undomesticated animals.Future phases will $398,500 $398,500 provide sidewalks on both sides of the street and continue sidewalks to Kostoryz.Phase 2 is also proposed to complete the sidewalk and minor drainage improvements on the opposite side of the road.Although not proposed in this phase,area lighting(street illumination)will be evaluated and considered in future phases/projects. 2 # PROJECT&DESCRIPTION Request Staff Recomm Engineering-Sunnybrook Road Sidewalk Improvements-Phase 2 The existing rural roadway section will be transitioned into an improved section with underground drainage,minor utility adjustments and ADA compliant sidewalks after all phases are complete.The design will evaluate and recommend upgrades to the existing drainage capacity for installation of a new 5'sidewalk on the remaining side in Phase 2.The 10 proposed improvements provide improved access and safety for pedestrians and bicyclists with minor drainage improvements that reduces $398,500 $398,500 potential for nuisance flooding,mesquites and undomesticated animals. Future phases will continue sidewalks on both sides of the street to Kostoryz.Phase 1 is also a proposed application under this same grant to construct the sidewalk and minor drainage improvements on the first side of the street. Nueces County Community Action Agengy NCCAA proposes to leverage Federal,State and local funding with CDBG funded projects.CDBG funded projects will meet rules and regulations as those projects funded by the federal,state and local governments. 11 Program beneficiaries will be those that meet the criteria outlined in the $100,000 $100,000 Area Median Income(AMI)guide.Upon receipt of the CDBG contract funds,NCCAA proposes to begin the home assessment process for weatherization/minor home repairs.At a minimum,NCCAA plans to assess and provide weatherization measures in the amount of$4,000 for a total of 25 homes. Total City Projects $3,480,817 $3,480,817 Overall Total $3,480,817 $3,480,817 3 RECOMMENDED FY2018 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM FY2018 ESG Allocation $216,522 # PROJECT&DESCRIPTION 1 Request Staff Recomm City of Corpus Christi -ESG Administrative Cost 1 Administrative Cost is being requested to fund a staff person at .50 $16,232 $16,232 FTE for the overall administration of the Emergency Solutions Grant Program. These functions include the financial oversight, compliance, and technical assistance components of the program. Corpus Christi Hope House The funding requested will provide assistance and Emergency Shelter to homeless families, specifically, homeless women with children and provide assistance to keep individuals and families at- 2 risk of homelessness stably housed through Homeless Prevention $50,073 $50,073 Program Assistance, and transition individuals and families out of homelessness into permanent housing through Rapid Rehousing Program Assistance, as well as Case Management. Budgeting classes will also be offered for clients receiving Homeless Prevention and Rapid Rehousing Assistance. Corpus Christi Metro Ministries The funding requested will support the programs at Metro Ministries 3 that provide emergency shelter, homeless prevention, and rapid re- $50,073 $50,073 housing services to the ever increasing number of homeless, poor, and working poor in the community.All cost estimates are based on the previous year's budget. The Salvation Army The requested funding will allow The Salvation Army to continue to provide food, shelter, case management, and supportive services 4 including coordinated entry, homeless prevention, and rapid re- $50,073 $50,073 housing to homeless and at-risk individuals, families, and veterans. Funding requested will also support Coordinated Entry and family reunification programs. Endeavors of Corpus Christi ESG funds would allow Family Endeavors to serve additional Veterans who are homeless or at risk of homelessness in Corpus Christi with prevention funding to maintain housing or rapid 5 rehousing services to regain housing stability. We will provide rapid $50,073 $50,073 re-housing assistance through security deposits, first month's rental assistance, and utility deposits. Homeless prevention will be provided through the form of rental and utility arrears and continuing case management. Overall Total $216,522 $216,522 All ESG funding must be matched at 100% 1 RECOMMENDED FY2018 HOME PROGRAM FY2018 HOME Allocation $1,188,809 FY2017 Unallocated Funds $375,000 Reprogrammed Funds $400,000 Program Income from Rehabilitation Program(Revolving Loan Fund estimate) $340,779 TOTAL FUNDS AVAILABLE FOR FY2018 HOME PROGRAM $2,304,588 # PROJECT&DESCRIPTION Request Staff Recomm HOME Administration/Technical Assistance Administrative funds for.75 FTE staff,planning,oversight,coordination, staff supervision,monitoring and evaluation,contracting, record keeping/reporting and overall program management.Staff training 1 and administrative expenses are also included in the request. Technical $118,880 $118,880 assistance will be provided to enhance the capacity of CHDO's,non-profits, owners/investors of rental property and other organizations that may participate in the program. The amount indicates 10%of the allowed 10% for administrative costs. Homebuyer Assistance Program 2 Provide deferred forgivable loans to low income homebuyers to assist them $100,000 $100,000 with down payment and/or closing costs for the purchase of a home. Homebuyer Gap Financing Assistance Program Provide assistance to eligible homebuyers with a total household income 3 less than 80%AMI with up to$20,000 to purchase a newly constructed $500,000 $500,000 home within an undeveloped area within the Clty limits of Corpus Christi. The maximum sales prices for the newly constructed home may not exceed $162,000. INTERDEPARTMENTAL TOTAL $718,880 $718,880 Accessible Housing Resources,Inc. AHRI will provide Tenant Based Rental Assistance(TBRA)vouchers to a minimum of 4 individuals/households with Very Low Incomes and a minimum of 4 individuals/households with Extremely Low Incomes in the City of Corpus Christi.The population to be assisted will include individuals 1 with disabilities,seniors,Veterans,homeless and others at the lowest $110,379 $110,379 income levels who may be at risk of homelessness or institutionalization. AHRI seeks HOME TBRA funds to support rent subsidy(for 50%AMI),rent and utility subsidy(for 30%AMI)for the Project for one year;and a part-time staff person to coordinate the Project activities. Total project cost:$115,379 Community Development Corporation of Brownsville In order to assist the City of Corpus Christi in meeting its goals for providing access to affordable housing options,CDCB is requesting$300,000 for affordable home-ownership infill development.The proposed project seeks to assist 20-30 qualified families($10,000-$15,000 for each family)over the next 12-24 months secure newly constructed affordable housing for their families. CDCB will market this Home Builder&Buyer program to eligible home 2 buyers earning less than 80%of the area median family income for Corpus $300,000 $300,000 Christi.Utilizing our expertise in development,mortgage,construction and lending services,we work directly with our clients to design and build a home that fits within the clients budget and is custom designed to fit needs. Eligible participants through this proposed program will have access to up to$15,000.Sales prices for these single-family homes will range between $90,000—$160,000 and each unit will range between 800 and 1600 square feet. Total project cost:$3,900,000 HCD Projects Total $718,880 $718,880 Overall Total $1,129,259 $1,129,259 Total Unallocated Funds $1,175,329 $1,175,329 1 City Council Policy No. 9 Community Development Block Grant and HOME Programs. Through the Community Development Block Grant (CDBG) and HOME Programs, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: a. No CDBG Funds will be authorized to applicant agencies for the support of operating expenses, with the exception of economic development projects that create jobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e. External agencies awarded CDBG funds will not be eligible to apply for future CDBG funding until two fiscal cycles have elapsed since the fiscal cycle in which funds were granted. (For example, an external agency awarded CDBG funding in fiscal cycle 2013-2014 will not be eligible to apply for future CDBG funding until the 2016-2017 fiscal cycle.) f. Program income generated from the CDBG Housing Program is a revolving fund and will be applied toward Affordable Housing Programs administered by the Housing and Community Development Department, as mandated by the U.S. Department of Housing and Urban Development. Program income generated from the CDBG Demolition Program and the Clearance of Vacant Property Program will be applied to each individual program's revolving fund. Program income generated from the HOME Program will be applied towards maintaining or creating affordable housing in the community. g. Annual funding request for CDBG and HOME programs administered through the Housing and Community Development Department shall be approved in order to ensure that the essential operations of the department are met in accordance with the departments Mission. (Res. No. 21901, § 1, 3-22-1994,Res. No. 026055, § 1, 12-14-2004;Res. No. 026571, § 1, 12-20-2005; Ord. No. 030000, § 1, 10-29-2013,Res. No. 030365, § 1, 12-16-2014,Res. No. 030525, § 1, 6-16-15) se o� Va. AGENDA MEMORANDUM v First Reading Ordinance for the City Council Meeting of July 17, 2018 ,NOORPOBPISecond Reading Ordinance for the City Council Meeting of July 24, 2018 1852 DATE: June 20, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police Mikema(a)cctexas.com 886-2603 Accepting and appropriating Edward Byrne Memorial Justice Assistance Grant Program CAPTION: Ordinance accepting $156,000 from State of Texas, Office of the Governor Edward Byrne Memorial Justice Assistance Grant for purchase of body cameras with a City cash match of $39,000, and appropriating $156,000 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The grant provides for the purchase of 150 body cameras to be issued to patrol officers in the field. The grant period is 6/01/2018— 05/31/2019. A 20% cash match is required and is available from the Law Enforcement Trust. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $39,000 $39,000 BALANCE Fund(s): Police Law Enforcement Trust Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance accepting $156,000 from State of Texas, Office of the Governor Edward Byrne Memorial Justice Assistance Grant for purchase of body cameras with a City cash match of $39,000; and appropriating $156,000 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Office of the Governor, Criminal Justice Division through the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $156,000 for the State FY 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program with a City cash match of $39,000 from the No. 1074 Police Fund for a total project cost of$195,000. SECTION 2. That $156,000 is appropriated in the No. 1061 Police Grants Fund for the enhancement of law enforcement efforts by the Police Department. 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 Office of the Governor Page 1 of 2 Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the`Narrative'and `Budget/Details' tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants;and the other identified documents in the Grant Application and Grant Award,including but not limited to:2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34, Part 1,Chapter 20,Subchapter E,Division 4 of the Texas Administrative Code,and the Uniform Grant Management Standards(UGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding.The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s), if any,cited below: Grant Number: 3549401 Award Amount: $156,000.00 Date Awarded: 6119,2018 Grantee Cash Match: $39,000.00 Grant Period: 06101.2018-05.31 2019 Grantee In Kind $0.00 Match: Liquidation 08.; 9.2019 Total Project Cost: $195,000.00 Date: Program Fund: D1-Edward Byme Memorial Justice Assistance Grant Program Grantee Name: Corpus Christi,City of Project Title: Body Worn Camera Program Grant Manager: Marta Salinas DUNS Number: 069457786 CFDA: 16.738-Edward Byme Memorial Justice Assistance Grant Program Federal Awarding Agency U.S. Department of Justice,Office of Justice Programs,Bureau of Justice Assistance Federal Award Date: 8.29'2016 Federal/State Award ID Number: 2016-DJ-BX-0161 Total Federal Award/State Funds $13,376,852.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor-Criminal Justice Division(CJD) Is the Award R&D: No Federal/State Award Description: The purpose of this program is to reduce crime and improve the criminal justice system. https://egrants.gov.texas.gov;'project/awardpreview.aspx?i2=1&i 1=8&gh=16-A2-FA-CB-3... 6,201'2018 se GO O Va. v AGENDA MEMORANDUM NORROPp�EO First Reading Ordinance for the City Council Meeting of July 17, 2018 1852 Second Reading Ordinance for the City Council Meeting of July 24, 2018 DATE: July 2, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema�cctexas.com 886-2604 Accepting and appropriating the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program grant CAPTION: Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of$167,457 for FY 2017 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $167,457 in the Police Grants Fund to fund enhancement of law enforcement efforts with 50% funds distributed to Nueces County per interlocal agreement. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs With this award, the program has provided a total of$5,444,177 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, automated ticket writers, and other police equipment. The Police Department and Nueces County proposes to purchase law enforcement equipment within the Attorney General Priority areas of gang enforcement/prevention, cybercrime, and intelligence analysis. On, City Council approved the grant application and an interlocal agreement with Nueces County to share the funds on a 50/50 basis. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $167,457 $167,457 BALANCE $167,457 $167,457 Fund(s): Police Grants Fund Comments: There is no match required by the City. The City will pay Nueces County a total of 50% or $83,728 of the JAG funds received from this award, per the interlocal agreement. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of$167,457 for FY 2017 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $167,457 in the Police Grants Fund to fund enhancement of law enforcement efforts with 50% funds distributed to Nueces County per interlocal agreement BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $167,457 for the FY 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. SECTION 2. That $167,457 is appropriated in the No. 1061 Police Grants Fund for the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement. Under the interlocal agreement, 50% of the funds are to be distributed to Nueces County. 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 \ U.S.Department of Justice Office of Justice Programs Office of the Assistant Attorney General Washington,D.C. 20531 June 26,2018 Mrs.Margie C.Rose City of Corpus Christi P.O.Box 9277 1201 Leopard Street Corpus Christi,TX 78401 Dear Mrs.Rose: On behalf of Attorney General Jefferson Sessions III,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 17 Edward Byrne Memorial Justice Assistance Grant(JAG)Program- Local Solicitation in the amount of$167,457 for City of Corpus Christi. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: Program Questions,Wendy Y.Rose,Program Manager at(202)514-7842;and Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, otlh� R uo*� Alan R.Hanson Principal Deputy Assistant Attorney General Enclosures OFFICE FOR CIVIL RIGHTS a Office of Justice Programs U.S.Department of Justice 810 7th Street,NW Washington,DC 20531 Tel:(202)307-0690 TTY:(202)307-2027 E-mail:askOCR@usdoj.gov Website:www.ojp.usdoj.gov/ocr June 26,2018 Mrs.Margie C.Rose City of Corpus Christi P.O.Box 9277 1201 Leopard Street Corpus Christi,TX 78401 Dear Mrs.Rose: Congratulations on your recent award. In establishing financial assistance programs,Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of Justice (DOJ)is responsible for ensuring that recipients of financial assistance from the OJP,the Office of Community Oriented Policing Services (COPS),and the Office on Violence Against Women(OVW)comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race,color,national origin, religion,sex,or disability in funded programs or activities,not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013,President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994(VAWA)by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race,color,national origin,religion,sex,disability,sexual orientation,or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1,2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/about/ocr/vawafags.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to prohibitions against unlawful discrimination. Accordingly,the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition,based on regulatory criteria,the OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Providing Services to Limited English Proficiency(LEP)Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP). See U.S.Department of Justice,Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,67 Fed.Reg.41,455(2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The DOJ regulation,Equal Treatment for Faith-Based Organizations,28 C.F.R.pt.38,requires State Administering Agencies(SAAs)to treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant administration decisions on the basis of an organization's religious character or affiliation,religious name,or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to fund inherently(or explicitly) religious activities. While faith-based organizations can engage in non-funded inherently religious activities,they must hold them separately from the program funded by the DOJ,and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation,please see the OCR's website at http://www.ojp.usdoj.gov/about/ocr/equal—fbo.httn. SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as amended,42 U.S.C.§3789d(c);the Victims of Crime Act of 1984,as amended,42 U.S.C.§10604(e);the Juvenile Justice and Delinquency Prevention Act of 1974,as amended,42 U.S.C.§5672(b);and VAWA,Pub.L.No. 113-4,sec.3(b)(4),127 Stat.54,61-62(to be codified at 42 U.S.C.§ 13925(b)(13))contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions,the DOJ has concluded that it may construe the Religious Freedom Restoration Act(RFRA)on a case-by- case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff,even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S.Department of Justice on the U.S.Equal Employment Opportunity Commission's Enforcement Guidance:Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964(June 2013),available at http://www.ojp.usdoj.gov//about/ocr/pdfs/UseofConviction Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin,resulting in unlawful employment discrimination. In light of the Advisory,recipients should consult local counsel in reviewing their employment practices. If warranted,recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans(EEOPs)(see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act,must meet two obligations:(1)complying with the federal regulation pertaining to the development of an EEOP(see 28 C.F.R.pt.42,subpt.E)and(2) submitting to the OCR findings of discrimination(see 28 C.F.R.§§42204(c),205(c)(5)). Meeting the EEOP Requirement If your organization has less than fifty employees or receives an award of less than$25,000 or is a nonprofit organization,a medical institution,an educational institution,or an Indian tribe,then it is exempt from the EEOP requirement. To claim the exemption,your organization must complete and submit Section A of the Certification Form,which is available online at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf If your organization is a government agency or private business and receives an award of$25,000 or more,but less than$500,000,and has fifty or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report(formerly called an EEOP Short Form),but it does not have to submit the report to the OCR for review. Instead,your organization has to maintain the Utilization Report on file and make it available for review on request. In addition,your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf If your organization is a government agency or private business and has received an award for$500,000 or more and has fifty or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report (formerly called an EEOP Short Form)and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report,please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition,your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf To comply with the EEOP requirements,you may request technical assistance from an EEOP specialist at the OCR by telephone at(202) 307-0690,by TTY at(202)307-2027,or by e-mail at EEOsubmisson@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award,your organization has received an adverse finding of discrimination based on race, color,national origin,religion,or sex,after a due-process hearing,from a state or federal court or from a state or federal administrative agency,your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAB must have standard assurances to notify subrecipients of their civil rights obligations,written procedures to address discrimination complaints filed against subrecipients,methods to monitor subrecipients'compliance with civil rights requirements,and a program to train subrecipients on applicable civil rights laws. In addition,SAAs must submit to the OCR every three years written Methods of Administration(MOA)that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement,see http://www.ojp.usdoj.gov/funding/other requirements.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance,please contact us. Sincerely, a At'l, Michael L.Alston Director cc: Grant Manager Financial Analyst U.S.Department of Justice Office of Justice Programs A. Bureau of Justice Assistance Grant PAGE 1 of 21 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2017-DJ-BX-0571 City of Corpus Christi P.O.Box 9277 1201 Leopard Street 5.PROJECT PERIOD:FROM 10/01/2016 TO 09/30/2020 Corpus Christi,TX 78401 BUDGET PERIOD:FROM 10/01/2016 TO 09/30/2020 6.AWARD DATE 06/26/2018 7.ACTION 2a.GRANTEE IRS/VENDORNO. 8.SUPPLEMENT NUMBER Initial 746000576 00 2b.GRANTEE DUNS NO. 069457786 9.PREVIOUS AWARD AMOUNT $0 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $167,457 Edward Byrne Justice Assistance Grant 11.TOTAL AWARD $167,457 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FY17(BJA-JAG State and JAG Local)Title I of Pub.L.No.90-351(generally codified at 42 U.S.C.3711-3797ff-5), including subpart 1 of part E(codified at 42 U.S.C.3750-3758);see also 28 U.S.C.530C(a). 14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number) 16.738-Edward Byrne Memorial Justice Assistance Grant Program 15.METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Alan R.Hanson Margie C.Rose Principal Deputy Assistant Attorney General City Manager 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. SDJUGT1214 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 167457 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 2 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 1. Requirements of the award;remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements--whether a condition set out in full below,a condition incorporated by reference below,or a certification or assurance related to conduct during the award period-- may result in the Office of Justice Programs("OJP")taking appropriate action with respect to the recipient and the award. Among other things,the OJP may withhold award funds,disallow costs,or suspend or terminate the award. The Department of Justice("DOJ"),including OJP,also may take other legal action as appropriate. Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621, and/or 42 U.S.C.3795a),and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise(including under 31 U.S.C.3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terns,that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted and supplemented by DOJ in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY 2017 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2017 award supplements funds previously awarded by OJP under the same award number(e.g.,funds awarded during or before December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that are obligated on or after the acceptance date of this FY 2017 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"),see the OJP website at https://ojp.gov/funding/Part200UniforniRequirements.htin. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact OJP promptly for clarification. 3. Compliance with DOI Grants Financial Guide The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the OJP website(currently,the"2015 DOJ Grants Financial Guide"available at https://ojp.gov/financialguide/DOJ/index.htm),including any updated version that may be posted during the period of performance. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 3 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 4. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,2015,will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January 1,2015,will satisfy this condition. A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for purposes of this condition is available at https://www.ojp.gov/training/fints.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold("freeze")award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 5. Requirements related to"de minimis"indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis" indirect cost rate described in 2 C.F.R.200.414(f),and that elects to use the"de minimis"indirect cost rate,must advise OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200 Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined by the Part 200 Uniform Requirements. 6. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal funds during the period of performance for this award,the recipient promptly must determine whether funds from any of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DOJ awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 4 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 7. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients (first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the recipient)the unique entity identifier required for SAM registration. The details of the recipients obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm(Award condition: System for Award Management(SAM)and Universal Identifier Requirements),and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 8. All subawards("subgrants")must have specific federal authorization The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that--for purposes of federal grants administrative requirements--OJP considers a"subaward"(and therefore does not consider a procurement 'contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at haps://ojp.gov/funding/Explore/SubawardAuthorization.httn(Award condition: All subawards("subgrants")must have specific federal authorization),and are incorporated by reference here. 9. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed$150,000 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed$150,000)),and are incorporated by reference here. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 5 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 10. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and OJP authority to terminate award) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees" of the recipient or of any subrecipient. The details of the recipients obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm(Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP authority to terminate award)),and are incorporated by reference here. 11. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and other events The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations, policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"2015 DOJ Grants Financial Guide"). 12. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws. 13. OJP Training Guiding Principles Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/ojptrainingguidingprinciples.htm. 14. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DOJ awards. 15. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high- risk"for purposes of the DOJ high-risk grantee list. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 6 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an equal employment opportunity program. 17. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 54 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs." 18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R.,a DOJ regulation,was amended effective May 4,2016. Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is available via the Electronic Code of Federal Regulations(currently accessible at https://www.eefr.gov/cgi- bin/ECFR7page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under e-CFR"current" data. 19. Restrictions on"lobbying" In general,as a matter of federal law,federal funds awarded by OJP may not be used by the recipient,or any subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal, modification,or adoption of any law,regulation,or policy,at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient,or any subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending, or modifying any such award. See 31 U.S.C.1352. Certain exceptions to this law apply,including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might fall within the scope of these prohibitions,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 7 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 20. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2017) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions,including from various"general provisions"in the Consolidated Appropriations Act,2017,are set out at haps://ojp.gov/funding/Explore/FY17AppropriationsRestrictions.htm,and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might fall within the scope of an appropriations-law restriction,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP. 21. Reporting potential fraud,waste,and abuse,and similar misconduct The recipient,and any subrecipients("subgrantees")at any tier,must promptly refer to the DOJ Office of the Inspector General(OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other person has,in connection with(ands under this award--(1)submitted a claim that violates the False Claims Act;or(2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct. Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the OIG by--(1)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division, 950 Pennsylvania Avenue,N.W.Room 4706,Washington,DC 20530;(2)e-mail to:oig.hotline@usdoj.gov;and/or(3) the DOJ OIG hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9881 (fax). Additional information is available from the DOJ OIG website at https://www.usdoj.gov/oig. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 8 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 22. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award,the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste, fraud,or abuse as described above;and (2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 9 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 23. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees) The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41 U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal grant. The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of employee rights and remedies under 41 U.S.C.4712. Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to contact the DOJ awarding agency(OJP or OV W,as appropriate)for guidance. 24. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 25. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks,including documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the recipient as a DOJ High Risk grantee;or termination of an award(s). 26. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.httn(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,including its reporting requirement,does not apply to--(1)an award of less than$25,000,or(2)an award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 10 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 27. Use of program income Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report,SF 425. 28. Justice Information Sharing In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community,the recipient(and any subrecipient at any tier) must comply with DOJ's Global Justice Information Sharing Initiative(DOJ's Global)guidelines and recommendations for this particular award.The recipient shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at: https://it.ojp.gov/gsp_grantcondition.The recipient shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 29. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 30. Compliance with 28 C.F.R.Part 23 With respect to any information technology system funded or supported by funds under this award,the recipient(and any subrecipient at any tier)must comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable.Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as per the regulation.Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 42 U.S.C.3789g(c)-(d). The recipient may not satisfy such a fine with federal funds. 31. Protection of human research subjects The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 46 and all OJP policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. 32. Confidentiality of data The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 42 U.S.C.3789g and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.The recipient further agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular,28 C.F.R.22.23. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 11 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 33. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address. If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes. 34. Law enforcement task forces-required training Within 120 days of award acceptance,each current member of a law enforcement task force funded with award funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank, must complete required online(internet-based)task force training.Additionally,all future task force members must complete this training once during the period of performance for this award,or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership(www.ctfli.org).The training addresses task force effectiveness,as well as other key issues including privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and accountability.If award funds are used to support a task force,the recipient must compile and maintain a task force personnel roster,along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership(www.ctfli.org). 35. Required attendance at BJA-sponsored events The recipient(and its subrecipients at any tier)must participate in BJA-sponsored training events,technical assistance events,or conferences held by BJA or its designees,upon BJA's request. 36. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 12 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 37. Compliance with National Environmental Policy Act and related statutes Upon request,the recipient(and any subrecipient at any tier)must assist BJA in complying with the National Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient. Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes.If it is determined that any of the following activities will be funded by the award,the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below,whether or not they are being specifically funded with these award funds.That is,as long as the activity is being conducted by the recipient,a subrecipient,or any third party,and the activity needs to be undertaken in order to use these award funds,this condition must first be met.The activities covered by this condition are: a.New construction; b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments;and e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA.The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at https:Hbja.gov/Funding/nepa.htmi,for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients'existing programs or activities that will be funded by these award funds,the recipient,upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 38. Establishment of trust fund If award funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is required to establish a trust fund account.(The trust fund may or may not be an interest-bearing account.)The fund, including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award funds in the trust fund(including any interest earned)during the period of performance for the award and expend within 90 days thereafter.Any mobligated or unexpended funds,including interest earned,must be returned to OJP at the time of closeout. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 13 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 39. Prohibition on use of award funds for match under BVP program JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership(BVP)program. 40. Certification of body armor"mandatory wear"policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written"mandatory wear"policy in effect.The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab- resistant body armor purchases.This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor.There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 41. Body armor-compliance with NIJ standards Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat level,make or model,from any distributor or manufacturer,as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List(https://nij.gov/).In addition,ballistic-resistant and stab-resistant body armor purchased must be American-made.The latest NIJ standard information can be found here:https://nij.gov/topics/technology/body- armor/pages/safety-initiative.aspx. 42. Required monitoring of subawards The recipient must monitor subawards under this JAG award in accordance with all applicable statutes,regulations, award conditions,and the DOJ Grants Financial Guide,and must include the applicable conditions of this award in any subaward.Among other things,the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients.The recipient agrees to submit,upon request,documentation of its policies and procedures for monitoring of subawards under this award. 43. Reporting requirements The recipient must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through OJP's GMS(https://grants.ojp.usdoj.gov).Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool(PMT)website(www.bjaperformancetools.org).For more detailed information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage.Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 44. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force,racial and ethnic bias,de- escalation of conflict,and constructive engagement with the public. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 14 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 45. Prohibited Expenditures List Award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time.The Prohibited Expenditure List may be accessed here:https://www.bja.gov/funding/JAGControlledPurchaseList.pdf 46. Controlled expenditures-prior written approval required Award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,without explicit written prior approval from BJA. The Controlled Expenditure List,and instructions on how to request approval for purchase or acquisitions are set out at https://www.bja.gov/funding/JAGControlledPurchaseList.pdf 47. Controlled expenditures-incident reporting If an agency uses award funds to purchase or acquire any item on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,the agency must collect and retain(for at least 3 years)certain information about the use of--(1)any federally-acquired Controlled Equipment in the agency's inventory,and(2)any other controlled equipment in the same category as the federally-acquired controlled equipment in the agency's inventory,regardless of source;and the agency must make that information available to BJA upon request.Details about what information must be collected and retained are set out at https://ojp.gov/docs/LE- Equipment-WG-Final-Report.pdf. 48. Sale of items on Controlled Expenditure List Notwithstanding the provision of the Part 200 Uniform Requirements set out at 2 C.F.R.200.313,no equipment listed on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment,except riot helmets and riot shields,to a Law Enforcement Agency(LEA)after obtaining prior written approval from BJA.As a condition of that approval,the acquiring LEA will be required to submit information and certifications to BJA as if it were requesting approval to use award funds for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs,with the exception of fixed wing aircraft,rotary wing aircraft,and command and control vehicles.Before any such transfer or sale is finalized,the agency must obtain prior written approval from BJA.All law enforcement-related and other sensitive or potentially dangerous components,and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. The recipient must notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased with award funds,and must abide by any applicable laws(including regulations)in such disposal. 49. Prohibited or controlled expenditures-Effect of failure to comply Failure to comply with an award condition related to prohibited or controlled expenditures may result in denial of any further approvals of controlled expenditures under this or other federal awards. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 15 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 50. Controlled expenditures-Standards Consistent with recommendation 2.1 of Executive Order 13688,a law enforcement agency that acquires controlled equipment with award funds must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards.General Policing Standards includes policies on(a) Community Policing;(b)Constitutional Policing;and(c)Community Input and Impact Considerations.Specific Controlled Equipment Standards includes policies specifically related to(a)Appropriate Use of Controlled Equipment; (b)Supervision of Use;(c)Effectiveness Evaluation;(d)Auditing and Accountability;and(e)Transparency and Notice Considerations.Upon OJP's request,the recipient must provide a copy of the General Policing Standards and Specific Controlled Equipment Standards,and any related policies and protocols. 51. Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2016 The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award(October 1,2016),however,the recipient may choose to incur project costs using non-federal funds,but any such project costs are incurred at the recipient's risk until,at a minimum--(1)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are removed by OR(via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at- risk,"if and when the recipient makes a valid acceptance of this award and OR removes each applicable withholding condition through a Grant Adjustment Notice,the recipient is authorized to obligate(federal)award funds to reimburse itself for project costs incurred"at-risk"earlier during the period of performance(such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition),provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient(or any subrecipient at any tier)to use award funds to"supplant"State or local funds in violation of the recipient's certification(executed by the chief executive of the State or local government)that federal funds will be used to increase the amounts of such funds that would,in the absence of federal funds,be made available for law enforcement activities. 52. "Certification of Compliance with 8 U.S.C.1373"required for valid award acceptance by a unit of local government In order validly to accept this award,the applicant local government must submit the required"Certification of Compliance with 8 U.S.C. 1373"(executed by the chief legal officer of the local government). Unless that executed certification either--(1)is submitted to OR together with the fully-executed award document,or(2)is uploaded in OJP's GMS no later than the day the signed award document is submitted to OJP,any submission by a unit of local government that purports to accept the award is invalid. If an initial award-acceptance submission by the recipient is invalid,once the unit of local government does submit the necessary certification regarding 8 U.S.C. 1373,it may submit a fully-executed award document executed by the unit of local government on or after the date of that certification. For purposes of this condition,"local government"does not include any Indian tribes. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 16 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 53. Ongoing compliance with 8 U.S.C. 1373 is required 1.With respect to the"program or activity"funded in whole or part under this award(including any such"program or activity"of any subrecipient at any tier),throughout the period of performance for the award,no State or local government entity,-agency,or-official may prohibit or in any way restrict--(1)any government entity or-official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a);or (2)a government entity or-agency from sending,requesting or receiving,maintaining,or exchanging information regarding immigration status as described in 8 U.S.C.1373(b). For purposes of this award,any prohibition(or restriction)that violates this condition is an"information-communication restriction." 2.Certifications from subrecipients. The recipient may not make a subaward to a State or local government or a "public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C. 1373,properly executed by the chief legal officer of the jurisdiction or institution that would receive the subaward,using the appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-SUSC1373.htm. Similarly,the recipient must require that no subrecipient(at any tier)may make a further subaward to a State or local government or a "public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C. 1373,properly executed by the chief legal officer of the jurisdiction or institution that would receive the further subaward,using the appropriate OJP form. 3.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 4.Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated(including for authorized reimbursements)for the reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State or local government or a"public"institution of higher education,incurs to implement this condition. 5.Rules of Construction A.For purposes of this condition: (1)"State"and"local government"include any agency or other entity thereof,but not any institution of higher education or any Indian tribe. (2)A"public"institution of higher education is one that is owned,controlled,or directly funded by a State or local government. (3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a). (4)"Immigration status"means what it means for purposes of 8 U.S.C. 1373(Illegal Immigration Reform and Immigrant Responsibility Act of 1996);and terms that are defined in 8 U.S.C. 1101(Immigration and Nationality Act) mean what they mean under that section 1101,except that the term"State"also shall include American Samoa(cf.42 U.S.C.901(a)(2)). (5)Pursuant to the provisions set out at(or referenced in)8 U.S.C. 1551 note("Abolition...and Transfer of Functions"),references to the"Immigration and Naturalization Service"in 8 U.S.C. 1373 are to be read as references to particular components of the Department of Homeland Security(DHS). B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any State or local government,any"public"institution of higher education,or any other entity(or individual)to violate any federal law,including any applicable civil rights or nondiscrimination law. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 17 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP,before award acceptance. 54. Authority to obligate award funds contingent on compliance with 8 U.S.C.1373;unallowable costs;obligation to notify 1. If the recipient is a State or local government-- A. The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient(or of any subrecipient at any tier that is a either a State or unit of local government or a"public"institution of higher education)that is funded in whole or in part with award funds is subject to any"information-communication restriction." B. In addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to reimburse itself if--at the time it incurs such costs--the"program or activity"of the recipient(or of any subrecipient at any tier that is a either a State or unit of local government or a"public"institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any"information-communication restriction." C. Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and all subrecipients (regardless of tier)are in compliance with 8 U.S.C. 1373. D. The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance with award conditions or otherwise,has credible evidence that indicates that the funded"program or activity"of the recipient,or of any subrecipient at any tier that is either a State or a local government or a"public"institution of higher education,may be subject to any"information-communication restriction."In addition,any subaward(at any tier)to a subrecipient that is either a State or a local government or a"public"institution of higher education must require prompt notification to the entity that made the subaward,should the subrecipient such credible evidence regarding an "information-communication restriction." 2. Any subaward(at any tier)to a subrecipient that is either a State or a local government or a"public"institution of higher education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the "program or activity"of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with award funds is subject to any"information-communication restriction." 3. Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award funds that,under this condition,may not be made shall be unallowable costs for purposes of this award. In making any such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the award condition entitled"Ongoing compliance with 8 U.S.C. 1373 is required." 4. Rules of Construction A. For purposes of this condition"information-communication restriction"has the meaning set out in the award condition entitled"Ongoing compliance with 8 U.S.C. 1373 is required." B. Both the"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing compliance with 8 U.S.C. 1373 is required"are incorporated by reference as though set forth here in full. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 18 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 55. Required State-level rules or practices related to aliens;allowable costs The following provisions apply to the recipient of this award,if the recipient is a State government,and also apply to any State-government subrecipient at any tier(whether or not the recipient is a State government). 1.Requirements With respect to the"program or activity"that is funded(in whole or in part)by this award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance for the award-- A.A State statute,or a State rule,-regulation,-policy,or-practice,must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given to access any State(or State-contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are(or are believed by such agents to be)aliens and to inquire as to such individuals'right to be or remain in the United States. B.A State statute,or a State rule,-regulation,-policy,or-practice,must be in place that is designed to ensure that, when a State(or State-contracted)correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility,then such facility will honor such request and--as early as practicable(see para.4.13.of this condition)--provide the requested notice to DHS. 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3.Allowable costs Compliance with these requirements is an authorized and priority purpose of this award.To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated(including for authorized reimbursements)for the reasonable,necessary,and allocable costs(if any)of--(1)developing and putting into place statutes,rules,regulations,policies,and practices to satisfy this condition,and(2)permitting access as described in para. I.A.above,and(3)honoring any request from DHS that is encompassed by para.I.B.above. 4.Rules of construction A.For purposes of this condition-- (1)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.C. 1101(a)(3)). (2)the term"correctional facility"means what it means under the Title I of the Omnibus Crime Control and Safe Streets Act of 1968(see 42 U.S.C.3791(a)(7)). B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the date and time the individual would have been released in the absence of this condition. Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least 48 hours,if possible)."(See DHS Form I-247A(3/17)).In the event that(e.g.,in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to permit the advance notice that DHS has requested,it shall not be a violation of this condition to provide only as much advance notice as practicable. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 19 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS NOTE:Current DHS practice is to use one form(DHS Form I-247A(3/17))for two distinct purposes--to request advance notice of scheduled release,and to request that an individual be detained for up to 48 hours AFTER the scheduled release.This condition imposes NO requirements as to such DHS requests for detention. C.Both the"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing compliance with 8 U.S.C. 1373 is required"are incorporated by reference as though set forth here in full. 56. Required local-government-level rules or practices related to aliens;allowable costs The following provisions apply to the recipient of this award,if the recipient is a unit of local government,and also apply to any local-government subrecipient of this award at any tier(whether or not the recipient itself is a unit of local government). 1. Requirements With respect to the"program or activity"that is funded(in whole or in part)by this award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance for the award-- A. A local ordinance,-rule,-regulation,-policy,or-practice(or an applicable State statute,-rule,-regulation,- policy,or-practice)must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given access a local-government(or local-government-contracted)correctional facility for the purpose of permitting such agents to meet with individuals who are(or are believed by such agents to be)aliens and to inquire as to such individuals'right to be or remain in the United States. B. A local ordinance,-rule,-regulation,-policy,or-practice(or an applicable State statute,-rule,-regulation,- policy,or-practice)must be in place that is designed to ensure that,when a local-government(or local-government- contracted)correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility, then such facility will honor such request and--as early as practicable(see"Rules of Construction"incorporated by para.4.13.of this condition)--provide the requested notice to DHS. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated(including for authorized reimbursements)for the reasonable,necessary,and allocable costs(if any)of--(1)developing and putting into place statutes,ordinances,rules,regulations,policies,and practices to satisfy this condition,(2)permitting access as described in para. I.A.above,and(3)honoring any request from DHS that is encompassed by para.I.B.above. 4. Rules of construction A. The"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing compliance with 8 U.S.C. 1373 is required"are incorporated by reference as though set forth here in full. B. The"Rules of Construction"set out in the award condition entitled"Required State-level rules or practices related to aliens;allowable costs"are incorporated by reference as though set forth here in full. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 20 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 57. Use of funds for DNA testing;upload of DNA profiles If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System("CODIS,"the DNA database operated by the FBI)by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 58. Encouragement of submission of"success stories" BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success story,sign in to a My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form.If the recipient does not yet have a My BJA account,please register at https://www.bja.gov/profile.aspx.Once registered, one of the available areas on the My BJA page will be"My Success Stories."Within this box,there is an option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the BJA Success Story web page at https://www.bja.gov/SuccessStoryList.aspx. 59. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time during the course of the period of performance under this award,the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,high risk includes any status under which a federal awarding agency provides additional oversight due to the recipienPs past performance,or other programmatic or financial concerns with the recipient.The recipienPs disclosure must include the following: 1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency. 60. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially reclassified to a new Title 34,entitled"Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards(that is,OJP grants and cooperative agreements),including many provisions previously codified in Title 42 of the U.S.Code. Effective as of September 1,2017,any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions,references set out in material incorporated by reference through award conditions,and references set out in other award requirements. 61. Withholding of funds: Budget narrative The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews and accepts,the budget narrative for the award,and a Grant Adjustment Notice(GAN)has been issued to remove this condition. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Bureau of Justice Assistance SHEET PAGE 21 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0571 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 62. Withholding of funds:Disclosure of pending applications The recipient may not obligate,expend,or draw down any award funds until:(1)it has provided to the grant manager for this OJP award either an"applicant disclosure of pending applications"for federal funding or a specific affirmative statement that no such pending applications(whether direct or indirect)exist,in accordance with the detailed instructions in the program solicitation,(2)OJP has completed its review of the information provided and of any supplemental information it may request,(3)the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of funding(e.g.,budget modification,project scope adjustment), (4)if appropriate adjustments to a discretionary award cannot be made,the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication(as determined by OJP),and (5)a Grant Adjustment Notice has been issued to remove this condition. 63. Withholding of funds:Required certification from the chief executive of the applicant government The recipient may not obligate,expend,or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as determined by OJP),and a Grant Adjustment Notice(GAN)has been issued to remove this condition. 64. Withholding of funds: Memorandum of Understanding The recipient may not obligate,expend,or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding(MOU),and a Grant Adjustment Notice(GAN)has been issued to remove this condition. OJP FORM 4000/2(REV.4-88) ,- U.S.Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington,D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry,NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Corpus Christi The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system,some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds,whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly,prior to obligating funds for any of the specified activities,the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a.New construction; b.Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household, recreational,or education environments;and e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA. Further,for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements,please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document,as it may contain more specific information about environmental compliance. U.S.Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I: Office of Justice Programs PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER PAGE 1 OF 1 2017-DJ-BX-0571 This project is supported under FY17(BJA-JAG State and JAG Local)Title I of Pub.L.No.90-351(generally codified at 42 U.S.C.3711-3797ff-5),including subpart 1 of part E(codified at 42 U.S.C.3750-3758);see also 28 U.S.C.530C(a). 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) Wendy Y.Rose Pat Eldridge (202)514-7842 Management Services Director P.O.Box 9277 Corpus Christi,TX 78469-9016 (361)886-2696 3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS BJA FY 17 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation ON REVERSE) 4.TITLE OF PROJECT Edward Byrne Justice Assistance Grant 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE City of Corpus Christi P.O.Box 9277 1201 Leopard Street Corpus Christi,TX 78401 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 10/01/2016 TO: 09/30/2020 FROM: 10/01/2016 TO: 09/30/2020 9.AMOUNT OF AWARD 10.DATE OF AWARD $167,457 06/26/2018 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and units of local government,including tribes,to support a broad range of criminal justice related activities based on their own state and local needs and conditions.Grant funds can be used for state and local initiatives,technical assistance, training,personnel,equipment,supplies,contractual support,and information systems for criminal justice,including for any one or more of the following purpose areas:1)law enforcement programs;2)prosecution and court programs;3)prevention and education programs;4)corrections and community corrections programs, 5)drug treatment and enforcement programs;6)planning,evaluation,and technology improvement programs;7)crime victim and witness programs(other than compensation);and 8)mental health programs and related law enforcement and corrections programs,including behavioral programs and crisis intervention teams. This Local JAG award will be shared by the County and one or more jurisdictions identified as disparate within the current Fiscal Year eligibility list (www.bja.gov/Jag).JAG funding will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above.Any OJP FORM 4000/2(REV.4-88) equipment purchases or funded initiatives such as overtime,task forces,drug programs,information sharing,etc.will be aimed at reducing crime and/or enhancing public/officer safety. NCA/NCF se GO O Va. v AGENDA MEMORANDUM NORROPpEO First Reading Ordinance for the City Council Meeting of July 17, 2018 1852 Second Reading Ordinance for the City Council Meeting of July 24, 2018 DATE: July 3, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema�cctexas.com 886-2603 Accepting and appropriating a grant for the Internet Crimes Against Children (ICAC) Task Force program CAPTION: Ordinance authorizing acceptance of grant from Office of the Attorney General for Internet Crimes Against Children (ICAC) Task Force program, in amount of $10,000 for the ICAC program within the Police Department; and appropriating the $10,000 in Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Office of Juvenile Justice and Delinquency Prevention Internet Crimes against Children Task Force program has approved a grant for the Corpus Christi Police Department Internet Crimes Against Children Task Force. The Police Department has been a member of the ICAC since 2003. These funds will be used for the purchase of equipment, supplies, training, and travel. There is no match required by the City. Funds are available from June 1, 2018 through August 31, 2018 ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $10,000 $10,000 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance Ordinance authorizing acceptance of grant from Office of the Attorney General for Internet Crimes Against Children (ICAC) Task Force program, in amount of $10,000 for the ICAC program within the Police Department; and appropriating the $10,000 in Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Office the Attorney General for Internet Crimes Against Children (ICAC) Task Force program in the amount of$10,000 to purchase equipment and supplies for the ICAC program within the Police Department. SECTION 2. That $10,000 is appropriated from the Attorney General for Internet Crimes Against Children (ICAC) Task Force Program in the No. 1061 Police Grants Fund to purchase equipment and supplies for the ICAC program within the Police Department. 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:3BF975C4-D415-4F96-AF73-6985A3228AB4 NEY�� Q 2 to �TEXAS� RE: FYI ICAC Sub-recipient Grant Coversheet ***FOR OAG INTERNAL USE ONLY*** GCD contract number: 1885557 Grantee: Corpus Chnsts Police Department Amount: 510,000.00 Executed: Term: June 1,2018- August 31,2018 Budget coding: ORG PCA Agy Obj 5 15601, 7611 DocuSign Envelope ID 3BF975C4-DO15-4F96-AF73-6985A3228A94 GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND Carpus Christi Police Department OAG Contract No. 1885557 This grant contract is executed between the Office of the Attorney General(OAG)and Corpus Christi Police Department (GRANTEE) for certain grant funds. The Office of the Attorney General and Corpus Christi Police Department may be referred to in this contract individually as"Party"or collectively as"Parties." SECTION 1. PURPOSE OF THE CONTRACT The Internet Crimes Against Children(ICAC)Task Force Program,United States Department of Justice,Office of Justice Programs(OJP),Office of Juvenile Justice and Delinquency Prevention, seeks to maintain and expand State and regional ICAC task forces to address technology-facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, and investigate Internet crimes against children.The program requires existing task forces to develop multi jurisdictional,multi- agency responses to such offenses by providing funding and other support to State and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment.The purpose of this contract is to provide reasonable contractual controls to ensure that the public purposes of the grant are achieved. SECTION 2 TERM OF THE CONTRACT This contract shall begin on June I, 2018 and shall terminate August 31, 2018, unless it is terminated earlier or extended in accordance with another provision of this contract. The OAG is not obligated to reimburse expenses that were incurred prior to the commencement or after the termination of this contract. SECTION 3 GRANTEE'S CONTRACTUAL SERVICES 3.1 GRANTEE's Compliance with the Department of Justice,Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement for Award Number 2015-MC-FX-K049.The GRANTEE will comply with all terms and conditions as set forth and required in the Cooperative Agreement between the OAG and the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Award Number 2015-MC-FX-K049, (OAG Award Document) and as attached hereto and incorporated by reference, as well as the applicable provisions of the OAG ICAC Grant Application or OAG Award Document as supplemented,amended or adjusted. Specifically,Grantee's compliance with the applicable "Special Conditions" identified in the OAG Award Document are a material ICAC SuSrecipicnt Grant CLnirao Page I of 20 DocuSign Envelope ID 3BF975C4-DO15-4F96-AF7M985A322aAB4 requirement of the grant award made hereunder. Failure to comply with any one or more of the Special Conditions,whether a condition set out in full below,a condition incorporated by reference herein,or a certification or assurance related to conduct during the award period,may result in the OAG and/or to the extent federal funds are expended in this grant, the Office of Justice Programs ("OJP") in taking appropriate action which may include but is not limited to OAG and/or OJP withholding award funds, disallowing costs,or suspending or terminating the grant award. 3.2 Establishment of Final Project Budget; Grant Project Narrative; Special Conditions. The GRANTEE's budget is attached as Exhibit A. The GRANTEE's Project Narrative is as follows: 7o Support certain Internet Crimes Against Children (ICAC) equipment and supplies. The Special Conditions,including the OAG Award Document, are attached as Exhibit B. The OAG,at its sole discretion, will establish the final project targets,outputs, and outcomes. In addition, the OAG, at its sole discretion, may adjust GRANTEE's budget, targets, outputs, outcomes and/or any other items as deemed appropriate by the OAG,at any time,during the term of this contract. The OAG, at its sole discretion, may supplement, amend or adjust the Special Conditions attached to this contract. SECTION 4 REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein,all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE- 4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required as requested by the OAG. GRANTTEE will immediately notify the OAG in the event GRANTEE discovers that any previously submitted information was inaccurate and forward the correction information to the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit within ten(I0)business days,notice to the OAG of any change ICAC Subrecipient Grant Contract Page 2 or 20 DocuSign Envelope ID 3BF975C4-DO15-4F98-AF73-6985A3228AB4 of the following: GRANTEE's name;contact information;key personnel,officer,director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG,preferably in advance,of a change in address or main telephone number of GRANTEE.A change in GRANTEE's name requires an amendment to the contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's letterhead, with original signature. GRANTEE,by an email, fax or GRANTEE letterhead signed by the Authorized Official,may request a change to the Grant Contact. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization including financial and programmatic policies and procedures. Such fiscal and programmatic management shall include accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations;and correction of fiscal and program deficiencies identified through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop,implement,and maintain appropriate financial management and control systems, which include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll,accounting, and financial reporting records;cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements. 4.1.5. Security and Confidentiality of Records.GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.2 Programmatic Reports 4.2.1 ICAC Semi-Annual Statistical (Performance) Reports, including Outcome Measure Reports. GRANTEE will support the OAG in its progress reporting requirements, including the reporting requirements of outcome measures. The OAG is required to report,within 30 days after the end of the reporting periods, certain outcome measures. The semi-annual reporting periods end on the last day of June and December each year. The OAG will establish deadlines for the GRANTEE to meet its requirement to report to the OAG. Contents of Semi-Annual Statistical Reports.GRANTEE shall report data to the OAG on the following outcome measures: ICAC Subrccipient Grant Contract Page 3 of 20 DocuSign Envelope ID 3BF975C4-D015-4F96-AF73-6985A322BAB4 a. Number of CyberTipLine referrals received and investigated; b. Number of indictments obtained on CyberTipLine referrals; c. Number of convictions obtained on CyberTipLine referrals; d. Number of online solicitation of a minor(or its equivalent)arrests; e. Number of online solicitation of a minor (or its equivalent) indictments obtained; f. Number of online solicitation of a minor (or its equivalent) convictions obtained; g. Total number of ICAC-related arrests during reporting period; h. Number of partner agencies that sign memorandum certifying compliance with ICAC program guidelines; i. Number of investigative technical assistance sessions that ICAC task force provides to non-member law enforcement agencies; j. Number of computer forensic technical assistance examinations that ICAC task forces provide to non-member law enforcement agencies; k. Percent increase in arrests related to technology-facilitated child sexual exploitation and Internet Crimes Against Children; 1, Percent increase in computer forensic examinations completed by ICAC task forces; and in. Percent increase in investigative technical assistance sessions provided by ICAC task forces to non-member law enforcement agencies. 4.2.2 ICAC Task Force Program Monthly Performance Measures.GRANTEE will support the OAG in its reporting requirements of the ICAC Task Force Program Monthly Performance Measures. The OAG will establish the GRANTEE's monthly reporting deadlines. The Performance Measures shall contain, at a minimum, the following additional supporting data elements: a. Complaints; b. Case Information; c. Goals; d. Court Actions; e. Technical Assists; £ Training; and g. Community Outreach Presentations. 4.2.3 ICAC Annual Reports. GRANTEE will support the OAG in its reporting requirements of the following measures: a. Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. b. Investigation and prosecution performance measures of the task force, including: 1. the number of investigations initiated related to Internet Crimes ICAC Subrccipient Grant Contract Page 4 or20 DocuSign Envelope ID.3BF975G4-D0154F96-AF73-6985A3228AB4 Against Children; 2. the number of arrests related to Internet Crimes Against Children; and 3. the number of prosecutions for Internet Crimes Against Children, including- i. whether the prosecution resulted in a conviction for such crime; and ii. the sentence and the statutory maximum for such crime under State law. c. The number of referrals made by the task force to the United States Attorney's Office, including whether the referral was accepted by the United States Attorney. d. Statistics that account for the disposition of investigations that do not result in arrests or prosecutions,such as referrals to other law enforcement. e. The number of investigative technical assistance sessions that the task force provided to non-member law enforcement agencies. f. The number of computer forensic examinations that the task force completed. g. The number of law enforcement agencies participating in Internet Crimes Against Children program standards established by the task force. 4.2.4 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances by GRANTEE from projected performance. In addition to the written explanation,GRANTEE shall promptly answer any questions of the OAG,whether in writing or otherwise, in connection with the reports presented to the OAG. 4.2.5 Other Program Reports.GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring,auditing,evaluating,and other reviews pertaining to services rendered by GRANTEE, which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports required by the contract or self-evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis. GRANTEE also shall make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.3 Financial Matters 4.3.1 Grant Budgets.With regard to the use of funds pursuant to this contract,GRANTEE will immediately review the annual budget as established in this contract. 4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for ICAC Subrccipicnt Grant Contract Pagc 5 or20 DocuSign Envelope 10.3BF975C4-X015-4F96-AFM6985A322aAS4 reimbursement for the actual and allowable allocable costs incurred by GRANTEE for project costs to provide services under this contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs to provide the services under this contract. The request for reimbursement will be submitted to the OAG in the form and manner as approved by the OAG and will specify the detailed and total expenses for the month, in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii)professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. The request for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. A financial status report is required each month, whether GRANTEE has paid expenses, or is seeking reimbursement. 4.3.3 Fiscal Year End Required Reports. On or before July 15, 2017 or a date as established by the OAG,GRANTEE must submit the following two reports: Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies,and(vi)other direct operating expenses. Equipment Inventory Report.GRANTEE will submit an Equipment Inventory Report which provides record of the current inventory of items purchased, disposed, replaced or transferred of any equipment purchased with grant funds. 4.3.4 Annual Independent Financial Audit Report. GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit—"timely"means on or before May 31 for a grantee whose fiscal year ends on August 31 of each year;otherwise,the timely submission to the OAG is on or before nine(9) months after the end of GRANTEE's accounting year. GRANTEE will contract an independent CPA firm to perform an annual financial audit engagement. GRANTEE's independent CPA firm will determine the type of annual financial audit,which may include a compliance attestation in accordance with the requirements of OMB Circular A-133 (audits of State, Local Government, and Non-Profit Organizations) and/or Texas Single Audit Circular(Single Audit or non-Single Audit financial audit).If applicable,GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters,and management responses of GRANTEE. 4.3.5 Timing of Submission of Request for Reimbursement to the OAG;Close Out Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner, and shall make every reasonable effort to submit monthly billings to the OAG,which cover the previous month's expenses,so that they are received by the OAG on or before the twentieth(20th)of each month,or if the 201h falls on a weekend or holiday,the next business day.The OAG will make all reasonable efforts to promptly process and make payments on properly completed billings.GRANTEE may submit a final invoice not later than the earlier of(1)forty-five(45)calendar days after termination ICAC 5ubrecipient Grant Contract Page 6 of 20 DocuSign Envelope ID 3BF975C4-DO15-4F96-AF73-698SA3228AB4 of this contract; or(2)forty-five(45)calendar days after the end of each state fiscal year. 4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse GRANTEE for employee costs that are directly related to performing the responsibilities of this contract. 4.3.7 Refunds and Deductions.If the OAG determines that GRANTEE has been overpaid grant funds under this contract, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs,GRANTEE shall refund that amount of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and deduct the amount of the overpayment from any amount owed to GRANTEE,as a reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment which shall be available to the OAG at all times upon request; however,a title for equipment will remain with Grantee. GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event GRANTEE is indemnified,reimbursed,or otherwise compensated for any loss of,destruction of, or damage to the equipment purchased under this contract, it shall use the proceeds to repair or replace said equipment. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office,payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION 5 OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written ICAC Subrccipicnt Grant Contract Page 7 or 20 Docu5ign Envelope ID:38F975C4-Do154F96-AF73-6985A3228A94 amendment to this contract. 5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this contract. The OAG is not obligated to pay unauthorized costs. Prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un-awarded budget categories,changing funds in any awarded budget category by more than I O o of the annual budget and/or adding new line items to any awarded budget category. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends,among other things,upon strict compliance with all terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void unless a written amendment to this contract is first executed. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG. GRANTEE agrees that the grant funds if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this contract. GRANTEE agrees that, notwithstanding any other provision of this contract,if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program are required by the state to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6 TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract without recourse, liability or penalty, upon thirty (30) calendar days notice to the other party. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE,immediately terminate this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions.Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity,by law,or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive any such ICAC Subrecipient Grant Contract Page 8 01720 DocuSign Envelope ID 3BF975C4-D0154F98-AF73-6985A3228AB4 termination or by its nature would be intended to be applicable following any such termination. The following terms and conditions,(in addition to any others that could reasonably be interpreted to survive but are not specifically identified),survive the termination or expiration of this contract: Sections 4,5, 7; 11;and I2. SECTION 7 AUDIT RIGHTS;RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the OAG to verify all reporting measures and requests for reimbursements related to this contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG,OAG's auditor, the State Auditor's Office or other auditors of the State of Texas, the federal goverment or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention.GRANTEE shall maintain and retain records for a period of seven(7) years after the contract is completed or expires, or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the contract are resolved. The records include, but may not be limited to, the contract, any contract solicitation documents, any documents that are necessary to fully disclose the extent of services provided under this contract, any daily activity reports and time distribution and attendance records,and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails.GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting measures and requests for reimbursements.Audit trails maintained by GRANTEE will,at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of,or modification of confidential information. 7.4 Access and Audit.At the request of the OAG,GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract, compliance with the applicable state or federal laws and regulations,and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity,person,or contractor receiving fund directly under this contract or through a subcontract under this contract to likewise permit access to, inspection of, and reproduction of all books,records and other relevant information of the entity,person or contractor that pertain to this contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this contract shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days advance notice of any such examination or audit. ICAC Subrecipient Grant Contract Page 9 of 20 DocuSign Envelope ID 3BF975C4•D015-41=96-AF73-6985A3228A64 7.5 State Auditor. In addition to and without limitation on the other audit provisions of this contract,pursuant to Section 2262.154 of the Texas Government Code,the State Auditor's Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by GRANTEE or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor's Office,under the direction of the Legislative Audit Committee,to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee,GRANTEE or another entity that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested.GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards.The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books,documents,working papers,and records of GRANTEE related to this contract. 7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees,on GRANTEE's premises(or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this contract. SECTION 8 SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE.The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web-based data collection method. Programmatic Reports and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, reports or notices, except financial reports specified below,must be submitted via email to: OAG-Grants@oag.texas.gov If requested or approved by the OAG,other programmatic reports may be submitted to: Program Manager—Contracts and Asset Management Division Office of the Attorney General Mail Code 005 Post Office Box 12548 ICAC Subrecipient Grant Contract Page 10 oF20 DotuSign Envelope ID 3BF975C4-D0154F96-AF73-6985A3228A84 Austin,Texas 78711-2548 8.2 Financial Reports(excluding Programmatic Reports and Information). All financial status reports,requests for reimbursement,audits,and inventory reports,must be submitted in hard copy format to: Financial Manager—Contracts and Asset Management Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin,Texas 78711-2548 The Annual Independent Financial Audit and related documents,as well as any other reports, if requested or approved by the OAG,may be submitted to: OAG-Grants@oag.texas.gov SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify,communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures;require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information, may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted.If GRANTEE is placed on financial hold,the OAG,at its sole discretion, may deny reimbursement requests associated with the expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions.In addition to financial hold,the OAG,at its sole discretion,may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding,terminate this contract and/or any other appropriate sanction. ICAC Sub=ipient Gmnt Contract Page I I of 20 DocuSign Envelope 1D:3BF975C4-Do15-4F96-AF73-6985A3228AB4 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terns and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10 GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws,rules and regulations,directives,guidelines,OMB circulars,or any other authorities relevant to the performance of GRANTEE under this contract_ 10.2 Uniform Grant Management Act,UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended. GRANTEE also agrees to comply with Uniform Grant Management Standards(UGMS),as promulgated by the Texas Governor's Budget and Planning Office. Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances as contained in the Application Kit. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE. Grantee shall follow OAG fiscal management policies and procedures in processing and submitting for reimbursement GRANTEE's billing and maintaining financial records relating to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given or offered to give, nor does GRANTEE intend to give at any time hereafter,any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to its performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this contract. 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that regulate any or all aspects ofGRANTEE's business or operations.GRANTEE agrees to remain in [CAC Subrecipient Grant Contract Page 12 or20 DocuSign Envelope ID'3BF975C4-DO15-4Fg6-AF73-5985A3228AB4 good standing with the Texas Secretary of State,Texas Comptroller of Public Accounts and related federal governmental bodies related to GRANTEE's right to conduct its business in Texas. GRANTEE agrees to comply with all applicable licenses,legal certifications,inspections,and any other applicable local ordinance or state, or federal laws. If GRANTEE is a law enforcement agency regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees that it is in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. SECTION 11 SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall any owner,incorporator,officer,director,employee,or volunteer of GRANTEE be considered an OAG employee,agent,servant,joint venturer,joint enterpriser or partner of the OAG.GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant,joint venturer,joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE'S contractors shall be considered to be solely the employees or agents of GRANTEE or the contractors. GRANTEE or GRANTEE'S contractors shall be responsible for ensuring that any and all appropriate payments are made,such as unemployment,workers compensation,social security,any benefit available to a state employee as a state employee,and other payroll taxes for such persons, including any related assessments or contributions required by law. To the extent allowed by law, GRANTEE or contractors are responsible for all types of claims whatsoever due to the actions or performance under this contract,including,but not limited to,the use of automobiles or other transportation taken by its owners,incorporators, officers,directors,employees,volunteers or any third parties.GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of actions or performance of GRANTEE or GRANTEE'S contractors under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability, actions,claims,demands,or suits,and all related costs,attorney fees,and expenses,that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its employees, representatives, agents, or subcontractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release,public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from the OAG. This section is not intended to and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. ICAC 5ubrecipient Grant Contract Page 13 of20 DocuSign Envelope ID:3BF975C4-DO15-4F96-AF73-6985A322aAB4 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property,GRANTEE may copyright such material subject to the royalty- free, non-exclusive,and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or the state(or federal government, if federal funds are expended in this grant) government. Grantee hereby grants the OAG an unrestricted, royalty-free, non-exclusive, and irrevocable license to use,copy, modify, reproduce, publish, or otherwise use, and authorize others to use(in whole or in part, including in connection with derivative works),at no additional cost to the OAG,in any manner the OAG deems appropriate at its sole discretion,any component of such intellectual property made the subject of this contract. To the extent federal funds are expended in this grant, Grantee also hereby grants the Office of Justice Programs (OJP) a royalty-free, non-exclusive, and irrevocable license to reproduce, publish,or otherwise use,and authorize others to use(in whole or in part, including in connection with derivative works), for Federal purposes: (l) any work subject to copyright developed under this contract; and (2) any rights of copyright to which Grantee purchases ownership with grant funds received under this contract. Grantee acknowledges and agrees that to the extent federal funds are expended in this grant, OJP has the right to (l) obtain, reproduce,publish, or otherwise use the data first produced under this contract and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227- 14(Rights in Data-General). Grantee has the responsibility to obtain from subrecipients,contractors,and subcontractors(if any) all rights and data necessary to fulfill the Grantee's obligations to the OAG and OJP under this contract. if a proposed subrecipient,contractor,or subcontractor refuses to accept terms affording the OAG or OJP such rights,Grantee shall promptly bring such refusal to the attention of the OAG Program Manager for the contract and not proceed with the agreement in question without further authorization from the OAG. 11.4 Program Income.Gross income directly generated from the grant funds through a project or activity performed under this contract are considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any ICAC Subrecipicnt Grant Contract Pagc 14 of 20 DocuSign Envelope ID.3BF975G4-D015-4F96-AF73-6965A322BAB4 solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment. In the event OAG approves subcontracting or assignment by GRANTEE,GRANTEE will ensure that its contracts with others comply with the provisions of this contract GRANTEE, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this contract and that the OAG shall not be liable in any manner to GRANTEE's subcontractor(s). 11.8 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.9 Governing Law;Venue.This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas,without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding(collectively"litigation")arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation.GRANTEE hereby waives and agrees not to assert by way of motion,as a defense,or otherwise,in any suit,action or proceeding,any claim that GRANTEE is not personally subject to the jurisdiction of the above-named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the venue is improper. 11.11 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic Assistance Number(CFDA) number for the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled "Missing Children's Assistance" 11.12 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a Memorandum of Understanding that outlines the duties and responsibilities of GRANTEE as a member of the Internet Crimes Against Children Task Force. GRANTEE agrees to comply with the approved Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention ICAC Task Force Operational and Investigative Standards. 11.13 Business with Iran,Sudan,or Terrorist Organizations. GRANTEE hereby represents and warrants that it does not, and shall not for the duration of any resulting contract or purchase ICAC Suhrecipient Grant Contract Page IS of 20 DocuSign Envelope IDS 3BF975C4-Dt}154Fg6-AF73-6985A3228AB4 order hereunder, engage in any business operations, including but not limited to acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel,products, services,personal property,real property, or any other apparatus of business or commerce with Iran,Sudan or a foreign terrorist organization. 11.14 Boycott of Israel. GRANTEE hereby represents and warrants that it does not, and shall not for the duration of any resulting contract or purchase order hereunder,boycott Israel as defined under Texas Government Code, Sec. 808.001(1). 11.15 No Use of Grant Money for Lobbying.GRANTEE shall not use any grant funds provided by OAG to GRANTEE to influence the passage or defeat of any legislative measure or election of any candidate for public office. 11.16 Child Support Obligation Affirmation.Under Section 231.006 of the Texas Family Code,the GRANTEE certifies that the individual or business entity named in this contract is not ineligible to receive the specified grant,and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 11.17 Texas Public Information Act. Information, documentation, and other material in connection with this contract or the underlying grant may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code(the"Public Information Act").In accordance with Section 2252.907 of the Texas Government Code,GRANTEE is required to make any information created or exchanged with OAG,the State of Texas,or any state agency pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act,available in a format that is accessible by the public at no additional charge to OAG,the State of Texas,or any state agency. SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this contract.To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous,such terms and conditions are to be construed consistent with the general objectives,expectations and purposes of this contract. 12.2 Entire Agreement, including Exhibits. This contract, including all exhibits, reflect the entire agreement between the Parties with respect to the subject matter therein described,and there are no other representations(verbal or written),directives,guidance,assistance,understandings or agreements between the Parties relative to such subject matter. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. 12.3 Amendment.This contract shall not be modified or amended except in writing,signed by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. ICAC Subrecipicnt Grant Conlmct Pagc 16 of 20 DocuSign Envelope ID 3BF975C4-D415-4F96-AF73-6985A322aAB4 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein,but all other provisions shall continue in full force and effect. 12.5 Non-waiver.The failure of any Party to insist upon strict performance of any of the terms or conditions herein,irrespective of the length of time of such failure,shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.6 Official Capacity.The Parties agree that the signatories hereto are signing,executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY Crym Christi Police Department GENERAL OF TEXAS Dmuftn.d by: AA,, 798175=091CM Printed Name: Printed Name:Michael Markle Office of the Attorney General Authorized Official ICAC Subteclplcnt Grant Contract Pagc 17 of 20 DocuSign Envelope ID:3BF975C4-D075.4F96-AF73-6985A3228AB4 EXHIBIT A GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND Corpus Christi Police Department OAG Contract No. 1885557 Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the OAG to GRANTEE, directly or indirectly, arising out of this contract for reimbursement of all expenses,shall not exceed: $10,000.00 Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual allowable and allocable costs paid according to the following amounts and budget categories: Budget Category Amount Personnel $0,00 Fringe Benefits $0.00 Professional&Contractual Services $0.00 Travel 50.00 Equipment 50.00 Supplies $0.00 Other Direct Operating Expenses 510,000.00 Total $10,000.00 ICAC 5ubrecipient Gram Contract Page 18 01`20 DocuSign Envelope 10,3BF975C4-DO15-4F96-AF73-6985A3228AB4 EXHIBIT B GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND Corpus Christi Police Department OAG Contract No. 1885557 SPECIAL CONDITIONS Special Conditions are imposed by the OAG at its sole discretion. In addition to the ones identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special conditions,with or without notice,without amending this contract. GRANTEE's signature on this contact will be treated as a signature agreement for each of the twenty-one(21)pages of the Special Conditions,as attached. The Special Conditions that apply to this contract are: • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Special Conditions of the Cooperative Agreement (OAG Award Document),2015-MC-FX-K049,and any subsequent award document. Nine(9)pages. • Compliance with the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention,as provided in memo to Official Grant File,to Texas Office of the Attorney General and any subsequent award document. One(1)page. • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention,Project Summary (OAG Award Document), 2015-MC-FX- K049. Two(2)pages. • Compliance with the Department of Justice, Office of Justice Programs, Office of Civil Rights, as provided in letter dated September 21, 2015, to Texas Office of the Attorney General and any subsequent award document. Three(3)pages, • Department of Justice, Office of Justice Programs, Assurances — Standard Assurances. i Six(b)pages. ICAC Subrecipient Gant Contract Page 19 of 20 DocuSign Envelope ID 3BF975C4-DO15-4F96-AF73-6985A3228AB4 ICAC Subrecipicnt Grant Contract—Webb County ShcrifE's OEt'ice 1665866 Page 20 of 20 DocuSign Envelope ID 3BF975C4•DOI54F98-AF73-6985A3228AB4 U.S.Department of Justice t jE Off i,a of Justi,a Program Office of the Assistant Attorney General n'ush.ngr::n.b.0 Y131 September 27,2017 Mr.Don Clemmer Texas Office of the Attorney General PO Box 12548 Austin,TX 78711-2548 Dear Mr.Clemmer- On behalf of Altomey General Jefferson Sessions III,it is my pleasure to inform you that the Office of Justicc Programs has approved your application for funding under the FY 17 ICAC Task Forces Invited Applications in Ate amount of 5481,502 for Texas Office of the Attorney General. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination forcausc or other administrative action as appropriate If you Imvc questions regarding this award,please contact. Program Questions,Lou Ann Holland,Program Manager at(202)305-2742,and Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)45M786,or you may contact the CSC at ask.ocfo;dusdoj gov Congratulations,and we look forward to working with you, nSincerely, Alan R.Hanson Acting Assistant Attorney General Enclosures DocuSign Envelope ID 39F975C4-DO15AF96-AF73.6985A3228AS4 OFFICE FOR CIVIL RIGHTS 4 Office of Justice Programs U.S.Department of Justice 810 7th Street,NW Washington,DC 20531 Tel:(202)307-0690 TTY:(202)307-2027 E-mail:askOCRCusdoj.gov Website:www.ojp.usdoj.gov'ocr September 2.201-7 Mr Don Clemmer Texas Office of the Attorney General PO Box 12548 Austin,TX 78711-2548 DcarMr Clemmcr Congratulations on your recent award. In establishing financial assistance programs,Congress linked the receipt of federal funning to compliance with federal civil rights laws. The Office for Civil Rights(OCR),Office of Justice Programs(OJP),US Department of Justice (DOJ)is responsible for ensuring that recipients of financial assistance from the OJP,the Office of Commuaily Oriented Policing Services (COPS),and the Office on Violence Against Women(OV W)comply with the applicable federal civil rights laws We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race,color,national origin. religion.sex,or disability in funded prop rams or activities,not only in employment but also in the delivery of seryices or benefits. A federal law also prohibits recipients from disriminating on the basis of age in the delivery of services or benefits. In Match of 2013,President Obama signet)the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994(VAWA)by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived=4:,col vt_national origin-religion,sex,disability,sexual orientation.or gcnder identity. The new nondiscrimination grant condition applies to certain programs funded after October 1,2013. The OCR and the OV W have developer)answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations The Frequently Asked Questions are available at htip://ojp.gov/aboUL ocr/vawafags.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance.regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce.are subject to prohibitions against unlawful discrimination. Accordingly,the OCR investigates recipients that are the subject of discnmination complaints from both individuals and groups. In addition,based on regulatory crileria,the OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they arc providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. DocuSign Envelope ID 3BF975C4-D0154F9B-AF73.698SA3228AB4 Providing Services to Limited English Prefidcnc)(LEP)Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S C §2000d,recipients of federal financial assistance must lake reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP). See U.S Department of Justice,Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,67 Fed Reg 41,455(2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website http 'www lep.gov Ensuring Equal Treatment for Fallh-Based Organizations The DOJ regulation,Equal Treatment for Faith-Based Organizations,28 C F.R.pt.38,inquires State Administering Agencies(SAAB)to treat faith-based organizations the same as any other applicant or recipient The regulation prohibits SAAB from making awards or gran) administration decisions on the basis of an organization's religious character or affiliation,religious name,or the religious composition of its board ofdircelors. The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to fund inherently(or explicitly) religious activities. While failh•based organizations can engage in non-funded inherently religious activities,they must hold them separately from the program funded by the DOJ,and recipients cannot compel beneficiaries to participate in them, The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of beneficiary's religion For more information on the regulation,please see the OCR's website at http -www.ojp.usdoj gowabouCocr`equal_1bo.him. SAAB and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as amended,42 U-S-C.§3789d(c),the Victims of Crime Act of 1984,as amended,42 U.S.C.§ 10604(e),the Juvenile Justice and Delinquency Prevention Act of 1974,as amended.42 U.S.C.§5672(b).and VAWA,Pub,L,No. 113-4,sec 3ftit),127 Stat.54,61-62(to be codified at 42 U.S.C.§ 13925(bx 13))contain prohibitions against discrimination on the basis of r ligion in employment. Despite these nondiscrimination pmvisions,lite DOJ has concluded that it may construe the Religious Freedom Restoration Act(RFRA)on a case-by- case basis to permit some faith based organizations to receive DOJ funds while taking into account religion when hiring staff,even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employmcnl Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions Sec Advisory for Recipients of Financial Assistance from the US.Department of Justicc on the US.Equal Employment Opportunity Commission's Enforcement Guidance:Consideration of Arrest and Conviction Records in Employment Decisions Under Title VI I of the Civil Rights Act of 1964(June 2013),available at blip°`www ojp.usdoj gov aboutlocr pdWUscofConviction Advisory.pdf Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin,resulting in unlawful employment discrimination. In light of the Advisory,recipients should consult local counsel in reviewing their employment practices. If warranted,recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans(EEOPs)(sec below). Complying with lite Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act,must meet two obligations:(1)complying with the federal regulation pertaining to the development of an EEOP(see 28 C.F.R.pt 42,subpt E)and(2) submitting to the OCR findings of discrimination(see 28 C F.R.§§42.204(c),.205(cX5)). OocuSign Envelope ID 3BF975C4-D015-4F96-AF73-6965A3228AB4 Nlecting the EEOP Requirement If your organization has less than fifty employees or receives an award of less than 525,000 or is a nonprofit organization.a medical institution,an educational institution,or an Indian tribe,then it is exempt from the EEOP requirement. To claim the exemption,your organization must complete and submit Section A of the Certification Form,which is available online at hup;7www.ojp usdoj.gov about/ocr pdfsfccrt pdf If your organization is a government agency or private business and receives an award of 535,000 or more,but less than S500,000,and has fifty or more employees(counting both full-and pan-time employees but excluding political appointees),then it has to prepare a Utilization Report(formerly called an EEOP Short Farm),but it does not have to submit the report to the OCR for review. Instead,your organization has to maintain the Utilization Report on file and make it available for review on request In addition-your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at htipC/www.ojp usdoj.gov about/ocrpdfslcert.pdf If your organization is a govcmmcnt agency or private business and has received an award for 5560,000 or more and has fifty or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report (formerly called an EEOP Short Form)and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report,please consult the OCR's website at htlp:'+www.ojp usdoj.gov.'aboutlocr'ccop htm In addition,your organization has to complete Section C of the Certification Form and retum it to the OCR The Certification Form is available at http:/www.ojpusdoj.gov:abciut/ocrpdfs/cen pdf To comply with the ESOP requirements,you may request technical assistance from an ESOP specialist at[lie OCR by telephone at(202) 307-0690,by TTY at(202)307.2027,or by e-mail at EEOsubmissonig.usdoj,gov Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award,your organization has received an adverse finding of discrimination based on race.. color,national origin,religion,or sex,after a due-process hearing,from a state or federal court or from a state or federal administrative agency,your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subreciplents SAAB must have standard assurances to notify subrecipients oftheircivil rights obligations,written procedures to address discrimination complaints filexi against subrecipients,methods to monitor subrecipients'compliance with civil rights requirements,and a program to train subrecipients on applicable civil rights laws. In addition,SAAB must submit to the OCR every three years written Methods of Administration(MOA)brat summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients For more information on the MOA requirement,see hup www ojp usdgl govfurLding�Dthcr rc4uirements.him. If the OCR can assist you on any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance,please contact us Sincerely, AZ,4- Michael L Alston Director cc Grant Manager Financial Analyst DocuSign Envelope ID 3BF975C4-D1115.4F96-AF73,6985A322BAB4 U.S.Department of Justice Office of Justice Programs t Office of the Chief Financial Officer Washington,D.0 20531 September 27,2017 Mr Don Clemmer Texas Office of the Attorney General PO Box 12548 Austin,TX 78711 -2548 Reference Gant Number.2015-MC-FX-K049 Supplemental Budget Number 02 Dear Mr Clemmer I am pleased to inform you that my oMce has approved the following budget categories for the aforementioned grant award in the cost categories identified below. Category Prior Budget Supplemental Budget Total Personnel 5511,510 5306-450 5817,960 Fringe Benefits 5161,838 5106.392 $268,230 Travel 5135,108 $44,870 5179,978 Equipment 50 So S0 Supplies 539,234 517,950 557.184 Construction SO 50 50 Contractual S134,164 $4,565 5138,729 Other $25.100 51,275 526.375 Total Direct Cost 51,006,954 5481.502 51,488,456 Indirect Cost SO 50 SO Total ProjcctCost $1,006,954 5481,502 51,468,456 Federal Funds Approved 51,006,954 5481,502 S1-488,456 Non-Federal Share So SO 50 Program Income So 50 SO Match is not mquired for this pmgmm The line item labeled"Contractual"may include contracts,subawards.or consultants Approval of this budget does not include approval of conference costs All of conference costs require prior approval of OR D=Sign Envelope ID 3BF975r-4•D015.4F96.AF7Mg85A322BAB4 If you have questions regarding this award,phase contact: -Program Questions,Lou Ann Holland,Program Manager at(202)305-3742 -Financial Questions,the Office of Chief Financial Officer,Customer Service Center(CSC) at(800)458-0786,or you may contact the CSC at ask.ocfoGusdoj gov Congratulations,and we look forward to working with you. Sincerely, r_j 0-iJ, �: .. Leigh Benda Chief Financial Officer DocuSign Envelope ID.3BF975C4-DD15AF96-AF73.6965A3228AB4 V.S.Department of Justice Office of Justice Programs it r Office of Juvenile Justice and Cooperative Agreement PAGE I OF 13 Delinquency Prevention 1.RECIPIENT NAME AND ADDRESS[Including Zip Codd 4.AWARD NUMBER: 2015-MC,F\-K049 Texas Office oflhe Attorney General PO Bax 12548 5,PROJECT PERIOD:FROM 07MI12015 TO 09130/2018 Austin,T\78711-2548 BUDGET PERIOD:FROM 07!0112015 TO 0913 08 0 1 8 6.AWARD DATE 091.7/2017 7.ACTION 2a.GRANTEE IRSIVENDOR NO. S.SUPPLEMENT NUMBER Suppicmmtal 746000057 02 2b.GRANTEE DUNS NO. 806780789 9.PREVIOUS AWARD AMOUNT S 1,006,954 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD S481,502 Texas Office ofthe Attorney General Sou0tern ICAC Task Farce 11.TOTAL AWARD S 1,488,456 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON TIIE ATTACHED PAGEISI, 13-STATUTORY AUTHORITY FOR GRANT This Project is supported under FYI7(O1JDP-NIEC-ICAC Task Force•olhcr than TTA or"IIERO"vcicmns employment)Pub.L.No.115-31,131 Stat. 135.206 14.CATALOG OF DDMESTIC FEDERAL ASSISTANCE 1CFDA Number! 16.543-Missing Cliddraes Assistance 15,METHOD OF PAYMENT CPRS AGENCY APPROVAL GRANTEE ACCEPTANCE i 16,TYPED NAME AND TITLE OF APPROVING OFFICIAL I S.TYPED NAME AND TITLE OF AUTFiORIZED GRANTEE OFFICIAL Alan R.Mown Don Clcmmcr Actutg Assistam Attorney General Deputy Attorney General for Criminal Justice 17.SIGNATURE OF APPROVING OFFICIAL i J 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE 010-.0 R • •� AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. PNICTGTO121 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT N F NIC 70 00 00 481502 J OJP FORN14000121REV.5.871 PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 400012 IREV 4.88) DocuSign Envelope 10 3BF975C4-D015-096-AF73.6985A3228AS4 I. S.DepartmentofJustice Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 2 01713 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 20l$-NlC-FX-h049 AWARD DATE 09272017 SPECIAL CONDITIONS 1. Requirements of the award,remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements—whether a condition set out in full below,a condition incorporated by reference below,or a certification or assurance related to conduct during the award period— may result in the Office of Justice Programs("O)P")taking appropriate action with respect to the recipient and the award. Among other things,the OR may withhold award funds,disallow costs,or suspend or terminate the award. The Department of Justice("DOJ"),including OJP,also may take other legal action as appropriate. Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C.1001 ancCOr 1621, andlor 42 U.S.C.3795a),and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise(including under 31 U,S.C.3729-3730 and 3801-3813). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held,instead,that the provision is utterly invalid or-unenfor eable,such provision shall be deemed severable from this award. 2. Applicability of Part 200 Un'trorn Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted and supplemented by DOJ in 2 C.F.R.Part 3800(together,the"Part 200 Uniform Requirements")apply to this FY 2017 award from OJP. The Pan 200 Uniform Requirements were first adopted by DOJ an December 26,2014. If this FY 2017 award supplements funds previously awarded by OJP under the some award number(e.g.,funds awarded during or before December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the awani date,and regardless of whether derived from the initial award or a supplemental award)that are obligated on or after the acceptance date or this FY 2017 award. For more information and resources on the Pan 200 Uniform Requirements as they relate to OR awards and subawards ("subgrants"),see the OR website at hitpsaeojp.gov.`fundingPart2oOUniforrrlRequircments.htm. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with,or differ in some way from,the provisions of the Pan 200 Uniform Requirements,the recipient is to contact OJP promptly for clarification. 3. Compliance with DOJ Gants Financial Guide The recipient agrees to comply with the DO]Grants Financial Guide as posted on the OJP website(currently,the"2015 DOJ Grants Financial Guide"available at haps:/lojp.govlCinanciaiguidc�DOJ,index.htm),including any updated version that may be posted during the period of performance. OJP FORM 40001(REV 4.88) DocuSign Envelope 0 3BF975C4-D015-4F96-AF73�6985A3228AB4 U.S.Department of Justice Office ofluslicc Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 3 of 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-MC•F\-1:049 AWARD DATE 09127,2017 SPECIAL CONDITIONS 4. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the mcipierlt's acceptance of the award. Successful completion of such a training an or aflerJanuary I,3015,will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendardays after--(1)the dale of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or aflerJanuary 1,2015,will satisfy this condition. A list oCOJP trainings that OJP will consider"OJP financial management and grant administration training"for purposes of this condition is available at https:r='www.ojp.gov'tmining fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold("fivezc")award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award 5. Requirements related to"de minimis"indirect cast rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis" indirect cost rale described in 2 C F.R.200.414(n,and that elects to use the"dc minimis"indirect cast rate,must advise OJP in writing ofboth its eligibility and its election,and must comply with all associated requirements in the Part 200 Uniform Requir mems. The"de minimis"rate maybe applied only to modified total direct costs(MTDC)as defined by the Part 200 Uniform Requirements, 6. Requirement to report potentially duplicative funding If the recipient cutmntly has other active awards of federal funds,or if the recipient receives any otheraward of federal funds during the period of performance for this award,the recipient promptly must determine whether funds from any of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DOJ awarding agency(OJP or OV W,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. OJP FORM 4000,12 IREV 4.861 DocuSlgn Envelope ID 3BF975C4-DU15.4F96-AF73.6985A322aAB4 U.S.Department ofJustice Offcc ofJusticcPrograms AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 4 OF 13 �•�' Delinquency Prevention Cooperative Agreement 1`11011 CT NUMBER 2015•1IC-F\•K049 AWARD DATE 09]72017 SPECIAL CONDITIONS 7. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently accessible at haps www.sam.gov This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipienis (first-tier"subgranlccs"),including restrictions on subawards to entities that do not acquire and provide(to the recipient)the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers alt posted on the OR web site at Mips:,'/ojp.govYfundiny`Explorc:SAM.htm(Award condition; System for Award Management(SAM)and Universal lilm- lifier Requirements),and are incorpomud by reference here. This condition does not apply to an award to an individual who received lite award as a natural person(i.e.,unrelated to any business or non-profit organization that be or she may own or operate in his or her name). 8. All subawards("subgrants")must have specific federal authorization The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that--for purposes of federal grants administrative requirements--OR considers a"subaward"(and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OR web site at blips__"ojp_gov'funding,Explorel5ubawardAutharization.him(Award condition. All subawards("subgrants")must have specific fi-deral authorization),and arc incorporated by reference here. 9. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed 5150,000 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold(currently,S150,000). This condition applies to agreements that—for purposes of federal grants administrative requirements--OR considers a procurement"contract"(and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OR award are posted on the 01P web site at https7;_'ojp.gov'funding/ExplomlNoncompetitivePmeuremcnt.him (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if eontract would exceed S 150,000)),and are incorporated by reference here. OR FORNt 4000:IREV 4.88) OocuSign Envelope ID 3BF97504-DD154F96-AF73-6985A322BAS4 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION 't € Office of Juvenile Justice and SHEET PAGE 5 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-MC-F\-KP49 AWARD DATE 09127,2017 SPECIAL CONDITIONS 10 Requirements pertaining to pmhibitcd conduct related to trafficking in persons(including reporting requirements and OR authority to terminate award) The recipient,and any subrecipicnl("subgranlee")at any tier,must comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of recipients,subrecipients("subgmntees"),or individuals defined(for purposes of this condition)as"employees" of the recipient or of any submcipient. The details of the nacipienl's obligations related to prohibited conduct related to trafficking in persons are posted on the OR web site at ht(psaiojp.gov?fundinglExplorciProliibitedConduct-Tmfficking htm(Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP authority to terminate award)),and are incorporated by reference here. I I. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,tminings,and other events The recipient,and any subreeipient("subgrantee")at any tier,must comply with al[applicable laws,regulations, policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of fudeml funds for expenses related to conferences(as that term is defined by DOJ), including the provision of food andior beverages at such conferences,and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"2015 DOJ Grants Financial Guide"). 12. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws. 13. OJP Training Guiding Principles Any training or training materials that the recipient—or any subrecipient("subgrantee")at any tier--develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgtantees, available at https:s'lojp.gov.,'rundingiojptrainingguidingprinc iples.htm. 14. Effect of failure to address audit issues I The recipient understands and agrees that the DOJ awarding agency(OJP or OV W,as appropriate)may withhold award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DOJ awards. 15. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OV W,as appropriate)during the period of performance for this award,if the recipient is designated as"high- risk"for purposes of the DOJ high-risk grantee list, O]P FORM 4a0a/2(REV 448) DocuSgn Snvelope ID'3BF97SC4-Dp15-4F96-AF73.6985A322BAB4 U.S.Department of Justice Office oflusticcPrograms AWARD CONTINUATION 4.�1F Office of Juvenile Justice and SHEET PAGE 6 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015•N1C•F\-K049 AWARD DATE 0912712017 SPECfAL CONDITIONS 16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F,R.Part 42 that relate to an equal employment opportunity program. 17. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 54 The recipient,and any subrecipient("subgmntce")at any tier,must comply with all applicable requirements of28 C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs." 18. Compliance with DO)regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38 The recipient,and any subrceipient("subgmntce")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R.,a DOJ regulation,was amended effective May 4,2016, Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is available via the Electronic Code of Federal Regulations(currently accessible at https''www.eefr.govfcgi- biWECFR°page=bmwse),by browsing to Title 28-Judicial Administration,Chapter 1,Pan 38,under a-CFR"current" data. 19. Restrictions on"lobbying" In general,as a matter of federal law,fcderal funds awarded by OR may not be used by the recipient,or any subrccipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal, modification,or adoption of any law,regulation,or policy,at any level of government. See 18 U.S.C.1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be band by law.) Another federal law generally prohibits federal funds awarded by OR from being used by the recipient,or any subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending, or modifying any such award. Scc 31 U.S,C.1352. Certain exceptions to this law apply,including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might fall within the scope of these prohibitions,the recipient is to contact OR for guidance,and may not proceed without the express prior written approval of OIP. OJP FORM 4000/:(REV 4-88) DocuSign Envelope M:3BF975G4•DD154F96.AF73.698SA3228AB4 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION i Office of Juvenile Justice and SHEET PAGE 7 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-hIC-F)(-KD49 AWARD DATE 09872017 SPECIAL CONDITIONS 20. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2017) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions,including from various"general provisions"in tate Consolidated Appropriations Act,2017,are set out at https:l/ojp.gov`funding Explory'FYI7AppropriationsRestrictioas.him,and are incorporated by reference here Should a question arise as to whether a particular use of federal funds by a recipient(or a subtecipicnq would or might fall within the scope of an appropriations-law restriction,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP. 21, Reporting potential fraud,waste,and abuse,and similar misconduct The recipient,and any subrecipients("subgrantces")at any tier,must promptly refer to the DOJ Office of the Inspector General(OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,Dr other person has,in connection with funds under this award—(1)submitted a claim that violates the False Claims Act;or(2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct. Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the OIG by—(1)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division, 950 Pennsylvania Avenue,N.W.Room 4706,Washington,DC 20530;(2)e-mail to:oig,hotlineCusdoj.gov;andtor(3) the DOJ OIG hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9881 (fax). Additional information is available from the DOJ OIG website at https:Pwww.usdcj.gov'oig. OJP FORM 40002(REV-4.88} DocuSign Envelope ID 3BF975C4•D0154Fg6•AF73-6965A322BAB4 U.S.Department of.lusticc MCC of justice Programs ANVARD CONTINUATION I Office of Juvenile Justice and SHEET PAGE s OF U Delinquency Prevention Cooperative Agreement `PROJECT NUMBER 2015-hIC-F\-K049 AWARD DATE 0912712017 SPECIAL CONDITIONS 22. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 3 12(which relates to classified information).Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award,the recipient— a. represents that II neither requires nor has required internal confidentiality agreements or statements from employees orcontmctors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above,and b, certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to citmutc agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obl igations of award funds,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2, If the recipient does or is authorized under this award to make subawanls("subgmnts"),procurement contracts,or both-- a. it represents that— (1) it has determined that no other entity that the recipient's application proposes mayor will receive award funds (whether through a subaward("subgmnt"),procurement contract,or subcontract under a procurement contract)either requires or has required internal confidentiality agreements or statements From employers or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste, fraud,or abuse as described above;and (2) it has made appropriate inquiry,or otherwise has an adequate Factual basis,to support this representation;and b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately slop any further obligations of award funds to or by that entity,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency OJP FORM 4000,1(REV 4.88( DoeuSign Envelope ID 3BF975C4-D0154F96-AF73-6985A322BA64 U.S Department oflustice Office ofJustice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 9 OF 13 Delinquency Prevention Cooperative Agreement PROJECTNUMBER 2015-SIC-EX-K049 AWARE)DATE 09278017 SPECIAL CONDITIONS 23. Compliance with 41 U S C 47-12(including prohibitions on reprisal,notice to employees) The recipient(and any subrecipient at any tier)must comply with_and is subject to,all applicable provisions of 41 U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement ore federal grant,a gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public health or safety_or a violation of law,rule,or regulation related to a federal grant. The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of employee rights and remedies under 41 U.S C.4712. Should a quLsuon arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to contact the DOJ awarding agency(OJP or OV W,as appropriate)for guidance 24. Encouragement of policies to ban text messaging while driving Pursuant to Executive Omer 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed Reg 51225(October 1,2009).DOJ encourages recipients and subrecipients("subgrantecs")to adopt and enforce policies banning employees from text messaging white driving any vehicle during the course of performing work funded by this award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 25. Requirement to disclose whether recipient is designated"high risk"by a fi-cleral grant-making agency outside of DOJ If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time during the course of the period of performance under this award,the recipient must disclose that fact and certain related information to OJP by email at OJP ComplianceReportingCaojp.usdoj.gov For purposes of this disclosure,high risk includes any status under which a f:dcral awarding agency provides additional oversight due to the recipient's past performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include the following I The federal awarding agency that currently designates the recipient high risk,2.The date the recipient was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and email address),and 4 The reasons for the high-risk status,as set out by the federal awarding agency. 26. Prior to the expenditure of confidential funds,the recipient and any submcipicnas agree to sign a ccrtiftcation indicating that be or she has read,understands,and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in the OJP Financial Guide. 27. Approval of this award does not indicate approval of any consultant rate in excess of S650 per day.A detailed justification must be submitted to and approved by the Office of Justice Programs(OJP)program office prior to obligation or expenditure of such funds. OR FORM 40002 I RE V.4.98) DocuSign Envelope tp,3BF975G4-D015-4F96-AF73.6985A3228AS4 U.S.Department of Justice Office ofluslice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 10 OF u Delinquency Prevention Cooperative Agreement PROIECrNUMBER 2015•hIC•Fti•K049 AWARDDATE 0912712017 SPECIAL CONDITIONS 28. The recipient acknowledges that the Office of Justice Programs(OJP)reserves a royalty-free,non-exclusive,and irrevocable license to reproduce,publish,or otherwise use,and authorize others to use(in whale or in part,including in connection with derivative works),for Federal purposes-(1)any work subject to copyright developed under an award or subaward;and(2)any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The recipient acknowledges that OR has the right to(1)obtain,reproduce,publish,or otherwise use the data first produced under an award or subaward;and(2)authorize others to receive,reproduce,publish,or otherwise use such data for Federal purposes. "Data"includes data as defined in Federal Acquisition Regulation(FAR)provision 52.227- 14(Rights in Data-General). It is the responsibility of the recipient(and of each subrecipient,if applicable)to ensure that this condition is included in any subaward under this award. The recipient has the responsibility to obtain from subrecipienls,contractors,and subcontractors(if any)all rights and data necessary to fulfill the recipient's obligations to the Government under this award. Ira proposed subrccipient, contractor,or subcontractor refuses to accept wrins affording the Government such rights,the recipient shall promptly bring such refusal to the attention of the OR program manager for the award and not proceed with the agreement in question without further authorization from the OR program office. 29. The recipient must comply with applicable requirements to report first-tier subawands("subgrants")of S25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),arc posted on the OJP web site at haps: ojp.gov,'Funding'ExplorciFFATA.htm(Award condition.Reporting Subawards and Executive Compensation),and arc incorporated by reference here. This condition,including its reporting requirement,does not apply to an award made to an individual who received the award as a natural person(i.c.,unrelated to any business or non-profit organization that he or she may awn or operate in his or her name). 30, The Project Director and key program personnel designated in lite application shall be replaced only for compelling reasons, Successors to key personnel must be approved,and such approval is contingent upon submission of appropriate information,including,but nut limited to,a resume. OJP will not unreasonably withhold approval. Changes in other program personnel require only notification to OR and submission of resumes,unless otherwise designated in the award document 31. With respect to this award,fcdcml funds may not be used to pay cash compensation(salary plus bonuses)to any employee of the award recipient at a role that exceeds I 10%of the maximum annual salary payable to a member of the federal governmemt's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System For that year. (An award recipient may compensate an employee at a higher rate,provided the amount in excess of this compensation limitation is paid with non-fedeml funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OR official indicated in the program announcement under which this award is made OJP FORM 4000,1(REV 4.88) DocuSign Envelope iD 3BF975C4-D0154F96-AF73-6985A322BA84 U.S Department of Justice Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 11 OF 11 ` Delinquency Prevention Cooperative Agreement PROJECTNUMBER 2015-NIC-F\-KO49 AWARD DAU 0927'2'11-- SPECIAL 437'2'il'SPECIAL CONDITIONS 32. The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during Ilse entire period of support under this award.This report will include detailed information about the ptoject(s)funded, including,but not limited to.information about how the funds were actually used for each purpose area,data to support statements of progress,and data conceming individual results and outcomes of funded projects reflecting project successes and impacts The Final report is due no later than 90 days following the close of this award period or the expiration of any extension periods.This report will be submitted to the Office of Justice Programs,on-line through the Internet at haps 'grants ojp usdoj-gov.' 33. The recipient agrees that it will submit quarterly financial status reports to OJP on-line(at haps grants ojp usdoj.gov) using the SF 425 Federal Financial Report form(available for viewing at www.whitchouse gov ombgrants standard_fomisJfF_report pdf),not later than 30 days alter the end of each calendar quarter The final report shall be submitted not later than 90 days following the end of the award period 34. The recipient shall submit semiannual progress reports Progress reports shall be submitted within 30 days after the end of the reporting periods,which are June 30 and December 3l,for the life of the award. These reports will be submitted to the Office of Justice Programs,on-line through the Internet at blips'grants ojp usdoj gov;. 35. ICAC Annual Reports The recipient agrees to submit annual reports to OJP that set froth the following (A)The number of law enforcement agencies participating in Inteme(etimes against children program standards established by the task force. (B)Staffing levels of the task force,including the number of investigators,prosecutors• education specialists,and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. 36. The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the OJJDP- designated site. 37. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards 38. The Office of Juvenile Justice and Delinquency Prevention has elected to enter into a Cooperative Agreement rather than a grant with the recipient. This decision reflects the mutual interest of the recipient and OIJDP in the operation of the project as well as the anticipated level of Federal involvement in this project. O)JDP's participatory role in the project is as follows a.Review and approve major work plans,including changes to such plans,and key decisions pertaining to project operations. b Review and approve major project generated documents and materials used in the provision of project services. Provide guidance in significant project planning meetings,and participate in project sponsored training events or conferences. 01P FORK!40001.(REV 448) DocuSlgn Envelope ID 3SF975C4.00164F96-AF73.6985A3228AS4 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION ',• Office of Juvenile Justice and SHEET PAGE 12 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-A1C-F\-K049 AWARD DATE 0972N3017 SPECIAL CONDITIONS 39. Within 45 calendar days after the end of any conference,meeting,retreat,seminar,symposium,training activity,or similar event funded under this award,and the total cost of which exceeds$20,000 in award funds,the recipient must provide the program manager with the following information and itemized costs: 1)name of event, 2)event dales; 3)location of event; 4)number of federal attendees; 5)number of non-federal attendees; 6)casts ofevent space,including rooms for bnak-out sessions, 7)casts of audio visual services; S)other cquipmenl costs(c.g.,computer fees,telephone fees), 9)costs of printing and distribution; 10)costs of meals provided during the event; I I)costs of refreshments provided during the event; 12)costs of event planner, 13)costs ofevent facilitators;and 14)any other costs associated with the event. The recipient must also itemize and report any of the following attendee(including participants,presenters,speakers) costs that arc paid or reimbursed with cooperative agreement funds: 1)meals and incidental expenses(MME portion ofperdiem); 2)lodging; 3)transportation to/from event location(e.g.,common carrier,Privately Owned Vehicle(POV));and, 4)local transportation(e.g.,rental car,POV)at event location. Note that if any item is paid for with registration fees,or any other non-award funding,[lien that portion of the expense docs not need to be reported. Further instructions regarding the submission of this data,and how to determine costs,are available in the OR Financial Guide Conference Cost Chapter OJP FORM 400012(REV 4.88) DocuSign Envelope ID:39F975C4-DOt5AF96-AF73-6995A322aAB4 U.S.Department of Justice Office of]usticePrograms AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 13 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-NIC-F\-Ko49 AWARD PATE 091271-1017 SPECIAL CONDITIONS 40. Any Web site that is funded in whole or in part under this award must include the following statement on the home page,on all major entry pages(i,e.,pages(exclusive o f documents)whose primary purpose is to navigate the user to interior content),and on any pages from which a visitor may access or use a Web-based service,including any pages that provide results or outputs from the service! 'This Web site is funded[insert"in part,"if applicable]through a grant from the(insert name of on component], Office of Justice Programs,U S.Department of Justice. Neither the U.S.Department of Justice nor any of its components operate,control,are responsible for,or necessarily endorse,this Web site(including,without limitation,its content,technical infrastructure,and policies,and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages,the statement may be included thmugh a link,entitled"Notice of Federal Funding and Federal Disclaimer,"to the full text of the statement. 41. Recipient integrity and performance matters; Requirement to report information on certain civil,criminal,and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal,and administrative proceedings connected with(or connected to the performance of)either this OR award or any other grant,cooperative agreement,or procurement contract from the fedeml government. Under certain circumstances,recipients of OR awards are required to report information about such proceedings,through the federal System for Award Management(known as"SAM"),to the designated fiL deral integrity and performance system (currently,"FAPIIS") The details of recipient obligations regarding the required reporting(and updating)of information on certain civil, criminal,and administrative proceedings to the federal designated integrity and performance system(currently, "FAPIIS")within SAM are posted on the OR web site at haps"'ojp,govtfunding-FAPIIS.him(Award condition. Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporalad by reference here, 42. Subrecipient monitoring policies The recipient's response to the Subrecipient Management and Monitoring question(s)of the Financial Management and System of Internal Controls Questionnaire indicates that the recipient may not have controls in place to monitor the activities of any subrecipient,as necessary,to ensure that the subaward is used for authorized purposes in compliance with Federal laws,regulations,and the terms and conditions of the subaward and that subaward performance goals are achieved.(See 2 CFR 200.331(d)). The recipient agrees to submit a copy of its subrecipient monitoring policies and procedures to the OR program office. If the recipient anticipates that it will not make a subaward under this award then,instead of submitting subrecipient monitoring policirs and procedures,the recipient agrees that it must advise OR in writing that it does not intend to make a subaward under this award. The recipient may not obligate,expend,or draw down funds under this award until either--(1)the OR program office has received,and OR has reviewed and approved,the subrecipient monitoring policies and procedure,,or(2)the OR program office has received and considered the recipient's written communication and has agreed(for purposes of federal grants administrative requirements)that no subawards are anticipated under this award and a Grant Adjustment Notice has been issued to remove this special condition. The recipient understands and agrees that it is obligated to immediately notify the OR grant manager in writing of any later change in its plan to make or not make a subaward under this award OJP FORM MOM(REV 4.88) DoeuSlgn Envelope ID 36F975C4-D0154F96.AF73.6985A3228A84 U.S.Department of Justice Office of Justice Programs Office ofJimende Justice and Delingnercv Prevention Waikingion.b C :0331 Memorandum To: Official Grant File From: Lou Ann Holland,OJJDP NEPA Coordinator Subject: Categorical Exclusion for Texas Office of the Attorney General This award is made as part of the Internet Crimes Against Children Task Force Program.Awards under this program will be used to support State and local law enforcement agencies to maintain and expand State and regional task forces to address technology-facilitated child exploitation.None of the following activities will be conducted either under this award or a related third party action: t)New construction;2)Any renovation or remodeling of a property located in an environmentally or historically sensitive area,including property(a)listed on or eligible for listing on the National Register of Historic Places,or(b)located within a 100-year flood plain,a wetland,or habitat for an endangered species;3)A renovation which will change the basic prior use of a facility or significantly change its size;4)Research and technology whose anticipated and future application could be expected to have an effect on the environment;or 5)Implementation of a program involving the use of chemicals, other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments.Additionally,the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion.Consequently,the subject federal action meets OJP's criteria for a categorical exclusion as contained in paragraph 4(b)of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. DocuSign Envelope 10:3BF975C4.D015.4F96-AF73-6985A322BA134 U.S.Department of Justice GRANT MANAGER'S MEMORANDUM,PT. I: Office of Justis:e Programs PROJECT SUMMARY f Office of Juvenile Justice and t Delinquency Prevention Cooperative Agreement PROJECT NUMBER PAGE 1 OF I 2015-MC-FX-6049 This project is supported under FY 17(OJJDP•MEC-ICAC Task Face-other than TTA or"IZERO"veterans employment)Pub.L.No.l 15-31,131 Stat.135.206 1.STAFF CONTACT(Name&telephone number) 1 PROJECT DIRECTOR(Name.address&telephone number) Lou Ann Ilolland Scott Henry (202)305.2742 DAG Grants Coordinator PO Box 12548 Austin.TX 78711-2548 (512)936.7946 3a.TITLE OFTUE PROGRAM 3b.TOMS CODE(SEE INSTRUCTIONS OJJDP FY 17 ICAC Task Forces Invited Applications ON REVERSE) 4.TITLE OF PROJECT Texas Office ofthc Attorney Gcncml Southern ICAC Task Farce 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE Texas Office of the Attorney Gcncrul 110 Box 12548 Austin,TX 78711.2548 7.PROGRAM PERIOD 8,BUDGET PERIOD FROM: 0]IoI:C15 TO: 09130,2018 FROM: 0710!2015 TO: 091341018 9,AMOUNTOF AWARD 10.DATE OF A WARD $481.502 09/272017 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT t3.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) The National Internet Crimes Against Children(ICAC)Task Force Program,consists of State and local law enforcement task forces dedicated to developing effective responses o online enticement ofcltildmn by sexual predators,child exploitation.and child obscenity and Pornography cases.Each State and local task force that is part of the national program shall.1)consist of state and local investigators,prosecutors,forensic specialists,and education specialists who arc dedicated to addressing die goals of die task force;2)engage in proactive investigations,forensic examinations,and effective prosecutions of]memcl crimes against children;3)provide forensic.preventive,and investigative assistance to parents,educators,prosecutors,law enforcement,and others concerned with Internet crimes against children;4)develop multijurisdiciional,multiagency partnerships and responses to Internet crimes against children olfcnses through ongoing mrannational. administrative,and technological support to other State and local law enforcement agencies,as a means for such agent ics to acquire the necessary knowledge, personnel,and specialized equipment to investigate and prosecute sucholfenses;5)participate in nationally coordinated investigations in any case in which die Attorney General determines such participation to be necessary,as permitted by die available resources of such task force;6)establish or adopt investigative and OJP FORM 400012(REV.4-88) DocuSign Envelope ID 3BF975C4•D015-4F96-AF73.6985A322BAS4 I prosecution standards consistent with established norms,to which such task force shall comply,7)investigate.and seek prosecution on ups related to Internet crimes against children,including tips from Operation Fairplay,the National Internet Crimes Against Children Data System,the National Center for Missing and Exploited Children's CyberTiplipe,ICAC task forces,and other Federal State,and local agencies,with priority being given to investigate leads that Indicate die possibility of identifying or rescuing child victims,including investigative leads that indicate a likeliltoad ofseriousness ofolTense or dangerousness to the community;9)develop procedures for landling seized evidence for ICAC ask force lead agencies and affiliate agencies 9)maintain reports required by OJJDI'and other reports and records as determined by the Attorney General,and,10)seek to comply widh national smndenls regarding dee investigation and prosecution of Internet crimes against children-as set forth by the Attorney General,to Ore extent such standards are consistent with the low of the Sate where the ask force is located. The Texas Office of the Attorney General(OAU)is responsible for 134 counties within lite Southern Texas ICAC Region and covers a geographic area of responsibility with a population exceeding 10 million people.Tlhe Texas OAG recognizes the importance of expanding the capacity of the Texas OAG Internet j Crimes Against Children(ICAC)Task Force.The Texas OAG ICAC will continue to improve task force e(Cccrivcmm to prevent.interdict,investigate.and prosecute Internet crimes against children and talmoloby-facilialcd child exploitation by training internal and external ICAC personnel,as well as non,ICAC entities.An emphasis will continue in be placed on collaborating with exicinal law enforecmcni and local and federal prosecutors for the successful investigation and prosecution of child predators.In addition,mental wellness training of investigators,supervisors and support saff remains a priority to ensure personnel are sufficiently equipped to prevent and mitigate the negative effects associated with conducting investigations involving child pornography CA CF 4 I se O �A H v AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of July 17, 2018 "CORPGppjESecond Reading Ordinance for the City Council Meeting of July 24, 2018 1852 DATE: July 2, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 First Reading Ordinance - Partial closure, abandonment and vacation of 7-feet (420 square feet) of a 15-foot utility easement located at 4030 Giants Drive CAPTION: Ordinance abandoning and vacating 7-feet (420-square feet) of an existing 15-foot utility easement out of Lot 19, Block 3, Manhattan Estates Unit 4, located at 4030 Giants Drive; and requiring the Owner, Richard Ocanas, to comply with the specified conditions PURPOSE: The purpose of this ordinance is to partially close, vacate, and abandon a utility easement to facilitate eventual sale of the property for the homeowner. BACKGROUND AND FINDINGS: Richard Ocanas (Owner) is requesting the partial closure, vacation, and abandonment of 0.010 of an acre (420-square feet) of a utility easement out of Lot 19, Block 3, Manhattan Estates Unit 4, located at 4030 Giants Drive. This partial closure, vacation, and abandonment of the utility easement is being requested by the owner to facilitate eventual sale of the property. The proposed partial closure, abandonment, and vacation of the utility easement does not contain any utility lines running through it. All public and franchised utilities were contacted and none of the City departments or franchised utility companies stated objections regarding the proposed partial utility easement closure. ALTERNATIVES: Denial of the proposed partial utility easement closure, abandonment, and vacation. This will adversely impact the Owner's ability to move forward with future ability to sell the subject property. Page 1 of 2 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 DEPARTMENTALCLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed partial utility easement closure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Project to Fiscal Year: 2017-2018 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 partial easement closure, vacation, and abandonment. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A— Metes & Bounds of Proposed Partial Closure Exhibit B — Geographical Representation of the Partial Proposed Closure Exhibit C — Location map PowerPoint Presentation Page 2 of 2 Ordinance abandoning and vacating 7-feet (420-square feet) of an existing 15-foot utility easement out of Lot 19, Block 3, Manhattan Estates Unit 4, located at 4030 Giants Drive; and requiring the Owner, Richard Ocanas, to comply with the specified conditions WHEREAS, Richard Ocanas (Owner) is requesting the partial closure, abandonment, and vacation of 7-feet (420 square feet) of an existing 15-foot utility easement out of Lot 19 Block 3, Manhattan Estates Unit 4, a map which is recorded in Volume 68, Pages 56 and 57, Deed and Map Records of Nueces County, Texas, located at 4030 Giants Drive, Corpus Christi, Nueces County, Texas, 78414; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate 7-feet (420 square feet) of an existing 15-foot utility easement, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Richard Ocanas (Owner), 7-feet (420 square feet) of an existing 15-foot utility easement out of Lot 19, Block 3, Manhattan Estates Unit 4, located at 4030 Giants Drive, as recorded in Volume 68, Page 56 and 57, Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit 'A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, and "Exhibit C", which is a location map, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The maintenance responsibilities for the vacated easement reverts to Richard Ocanas (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 90 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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: City of Corpus Christi: Rebecca Huerta Joe McComb City Secretary Mayor EXHIBIT A STATE OF TEXAS COUNTY OF NUECES Field notes of a 0.010 acre easement closure over and across Lot 19,Block 3,Manhattan Estates Unit 4,as shown on a map recorded in Volume 68,Pages 56 -57,Map Records of Nueces County,Texas.Said 0.010 acre tract being more particularly described as follows: COMMENCING at a 5/8"re-bar found in the east right of way of Giants Drive,for the common west comer of Lots 19 and 20,THENCE with the common line of Lots 19 and 20,South 81`47'15"East,a distance of 98.20 feet to a point at the intersection of the common line of Lots 19 and 20,and the west line of an existing 15'utility easement,for the southwest comer of this tract,and for the POINT of BEGINNING. THENCE with the west line of said existing 15'utility easement,over and across Lot 19,North 08°17'46"East,a distance of 60.00 feet to a point at the intersection of the common line of Lots 18 and 19,and the west line of said existing 15'utility easement,for the northwest comer of this tract,from WHENCE a 5/8"re-bar found in the east right of way of Giants Drive,for the common west comer of Lots 18 and 19 bears,North 81'48'13"West,a distance of 98.28 feet. THENCE with the common line of Lots 18, 19,and this tract,South 81-'48'l 3"East,a distance of 7.00 Feet to a point in the common line of Lots 18 and 19,for the northeast corner of this tract,from WHENCE a 5/8"re-bar found in the east line of said existing 15'utility easement and for the common east comer of Lots 18 and 19 bears, South 81°48'13"East,a distance of 8.00 feet. THENCE over and across Lot 19,South 08'l 7'46"West,a distance of 60.00 feet to a point in the common line of Lots 19 and 20,for the southeast corner of this tract,from WHENCE a 5'8"re-bar found in the east line of said existing 15'utility easement and for the common east comer of Lots 19 and 20 bears,South 81'47'15"East,a distance of 8.00 feet. THENCE with the common line of Lots 19,20,and this tract,North 81 47'15"West,a distance of 7.00 feet to the POINT OF BEGINNING,and containing 0.010 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83(93)4205 Datum. 2.)Set 5/8"re-bar=steel re-bar set with yellow plastic cap labeled Brister Surveying. 3.)A map of equal date accompanies this metes and bounds description. 1,Ronald E.Brister do hereby certify that this survey of the property legally described herein was made on the ground this day December 28,3017 and is correct to the best of my knowledge and belief. u,1 � R Rona E.Brister,RP No. 407 Date:June 7,2018. .�EOF r '�P•'GIS iER�'9 5.�E 6Q tP * RONALD E BRISTER _.......5407 so" 2- S�veo Job No.172037 SURVEY OF A 0.010 ACRE EASEMENT CLOSURE OVER AND ACROSS LOT 19,BLOCK 3,MANHATTAN ESTATES UNIT 4,AS SHOWN ON A MAP RECORDED IN VOLUME 68,PAGES 56-57,MAP RECORDS OF NUECES COUNTY,TEXAS. LOT 18 EXHIBIT B S81"48'13"E 7.00' (MEAS) SCALE 1"= 10' O FOUND 5/8"RE-BAR .00 FOR NW CORNER OF LOT 19 BEARS,N81'48'13"W 98.28' y -1 oo cwi3 E- c7 Q 3 LOT 19 o F W o z W O cjn O w V 1i Z 1+. 9.00 ACRES E- uJ Q o 3 Q .a STAPLES DEVELOPMENT LLC. v�3 o v w DOC.NO.2005000992,D.R.N.C.T. QUA 11, a O v, a F- 00 I' C z o O P FOUND 5/8"RE-BAR FOR SW CORNER OF LOT 19 BEARS,N81'47'15"W 98.20' P.O.B. 8.00' O N81°47'l5"W 7.00' (MEAS) LOT 20 SHEET 1 OF 2 @ =FOUND 5/8"RE-BAR NOT": L)'I'OI'ALSURVI,YED AREA IS ILOIU ACRES. 2.)MEASURED BL'ARINGS ARE HASED ON GLOBAL POSI'HONING SYSTEM NAD83(93)42W DATUM. 7)Sli'I 5=8'14L BAR-!;TILL R1,-HAR SI--T WI"1'11 YELLOW PLASTIC CAP LABL•LED BRIS"CER SURVEY WG. .<Q`���F T�� TUISSURVLY DOES NO'1'tNCLUDETHE RESEARCH. Brister Surveying pj:.�EGISiERFogtJ1 INVESI'IGA'1'ION,ORLOCA't'IONSUI'ALLSERVI'i'UDLS, .1 s„nn PW V I,L,W u" I.— * f EASEMENTS,RIGHT OF WAYS,OR UIILITIFSON'1I11S CauP,,.cnrw.,T-7.11 PROPERTY re3nlaw.luu RONALD E•BRISTER FU JnI-n51FI eIR 541)7 I,RONALD E.BRISCER DO HEREBY CERTIFY TT IAT ei�""^"'° ""P"'''•a�4"' = THIS SURVEY OFTUE PROPERTY LEGALLY Firm Ra{uirnu,Nu lw7ldu �9.9PpFF35lO 'OQ' DESCRIBED IIEREIN WAS MADE ON 771E GROUND /�•� �.`� THISDAY DL•CEMBER28.2017 AND IS CORR ECTTV "SURV`- 2tuwP OF MYI:NOWLIiOGL•ANU RELIEF. r' 511NVLY UAIb JUNE 7,2078032 c' . ` IOD NO.172U37 RO ,1LU L'.BRISPER R.P.L.S.NO.5407 LOCATION MAP OF A 0.010 ACRE EASEMENT CLOSURE OVER AND ACROSS LOT 19,BLOCK 3,MANHATTAN ESTATES UNIT 4,AS SHOWN ON A MAP RECORDED IN VOLUME 68,PAGES 56-57,MAP RECORDS OF NUECES COUNTY,TEXAS. EXHIBIT C TRUkPDN� - t L�p� 1 3 4 TILLET Cr. 3 s n 4 6 z ; 7 6 2 m s� s � 2 to Q 9 ^1 Zn Q. 12 11 13 l2 14 13 U l4 Ifi �R 15 U 16 l8 1719 SITE 13 ?0 P�ESr�ENrOk 'op'AlNAGEo1T Brister Surveying C,j� C.,'-uk,k,,,celflan�l Drive S,�itc Sl Corpus Chrisri.Tcxas)da!t OH i61�85O�tlOL / Fax_(i18$o-tN�2 Brisizrsurvevi���mryus_nrcbc.mm SHEET 2 OF 2 70B NO.172037 I 'artial Closure, Vacation, and Abandonment of an Easement for Lot 19, Block 3, Manhattan Estates Unit 4 Subdivision (4030 Giants Drive) City Council Presentation July 17, 2018 Lo4gus cy'"�� Vicinity Map �i1j, '� Vete ra r 1 y=am„r' .. ` �� �. �r! �, t"� �� p�+ �• .�' �� °�, AF, _ _ �/r�� . 4Q44us Cy4,r r c Aerial Overview 'a Proposed T easement 49 :closure Remaining 8' of utility - � easement ` Staff Recommendations Approval SC 0 v AGENDA MEMORANDUM /ryCDRPGpp`EO First Reading Item for the City Council Meeting of July 17, 2018 1852 Second Reading Item for the City Council Meeting of July 24, 2018 DATE: June 25, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department jayell@cctexas.com 361-826-3464 2018 Que Bueno Taco Festival Agreement CAPTION: Ordinance authorizing an agreement with Corpus Christi PATCH, Inc. to allow use of Artesian Park and portions of Taylor, Mesquite, Starr and Chaparral Streets for the Que Bueno Taco Festival and related activities on September 15, 2018 PURPOSE: To approve date, location, and consideration for the 2018 Que Bueno Taco Festival event and related activities to be held on September 15, 2018. BACKGROUND AND FINDINGS: This year's inaugural iQue Bueno! Taco Festival is anticipated to be an annual event to celebrate Hispanic heritage. The festival will be organized by Corpus Christi Patch, Inc. also known as CC Patch. Their mission is to develop, foster, and promote the arts as valuable experiences central to the vitality of the community by restoring and developing The Ritz Theatre into a state-of-the-art entertainment and education venue of the highest quality. Also, as part of their mission, their Artist Nurturing Program provides funding, education, development, subsidized healthcare and growth programs for the best local talent, with the intention of keeping them local to Corpus Christi, therefore growing our talent base. The event will be designed to build experiences into the fabric of the festival to highlight and support our rich creative community. The festival will include food, taco contests, music, children's music programming, poetry, and a chihuahua beauty contest. Throughout the festival and in the La Tienda Art Market, the event will feature local and Hispanic artists. The lease agreement with CC Patch includes a one-time Parks and Recreation Large Special Event Permit fee of$400, Health Permit/Vendor Fees, Development Services Permit Fees. Should any City services be utilized for the Event, then the Parks & Recreation Director will invoice CC Patch for costs of all such City services, including but not limited to, services provided for the Event by City Utilities Department, City Solid Waste Operations Department, City Parks and Recreation Department, City Police Department, and City Fire Department within thirty (30) calendar days after the Event. 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 an agreement with Corpus Christi PATCH, Inc. to allow use of Artesian Park and portions of Taylor, Mesquite, Starr and Chaparral Streets for the Que Bueno Taco Festival and related activities on September 15, 2018 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 an agreement with Corpus Christi PATCH, Inc. to allow use of Artesian Park located at Chaparral and Twigg Streets, and portions of Taylor, Mesquite, Starr and Chaparral Streets, for the Que Bueno Taco Festival and related activities on September 15, 2018. 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 1 of 14 LEASE AGREEMENT FOR QUE BUENO TACO FESTIVAL This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas home-- rule municipal corporation ("City"), acting through its duly designated City Manager, and Corpus Christi PATCH, Inc. ("CC PATCH"), a Texas non-- profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. City -- means the City of Corpus Christi, a Texas home-- rule municipality. B. City Attorney -- means the City of Corpus Christi's City Attorney or designee. C. City Council — means the City Council of the City of Corpus Christi, Texas. D. City Manager -- means the City of Corpus Christi's City Manager, or the City Manager's designee. E. City Secretary — means the City of Corpus Christi's City Secretary, or designee. F. CC PATCH — means the Corpus Christi PATCH, Inc. a Texas non-- profit corporation. G. CC PATCH's Agent -- means a duly authorized representative of the CC PATCH. H. Corpus Christi -- Nueces County Health District — means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. I. Event -- means the Que Bueno Taco Festival events and related activities sponsored by the CC PATCH. The Event dates are described in Exhibit B. J. Fire Chief— means the Chief of the City of Corpus Christi's Fire Department, or designee. K. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. L. Parks Director -- means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. M. Police Chief -- means the Chief of the City of Corpus Christi's Police Department, or designee. N. Premises -- means the area known as Artesian Park located at Chaparral and Twigg Streets. and also the following streets: Taylor Street between Mesquite and Chaparral;; Mesquite Street between Taylor and Peoples Street, Starr Street between Lower Broadway to Water Street;; and Chaparral Street between Starr to Peoples Street, as shown in Exhibit A. O. Risk Manager-- means the Director of the City of Corpus Christi's Risk Management Division, or designee. Page 2of14 P. Solid Waste Director — means the Director of the City of Corpus Christi's Solid Waste Operations Department. Q. Street Director — means the Director of the City of Corpus Christi's Street Operations. 2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The CC PATCH will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. PREMISES AND PERMITTED USES. City grants to the CC PATCH the privilege of using the area known as Artesian Park located at Chaparral and Twigg Streets, and also the following streets: Taylor Street between Mesquite and Chaparral; Mesquite Street between Taylor and Peoples Street, Starr Street between Lower Broadway to Water Street; and Chaparral Street between Starr Street to Peoples Street, as shown in Exhibit A, for the Que Bueno Taco Festival Event. 4. PREMISES REVISIONS. Construction along Shoreline or other unforeseen circumstances may impact and change the Premises (Exhibit A) and other parts of this lease. If Exhibit A is revised, new Exhibit A will be executed by the City Manager and CC PATCH Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit A. New Exhibit A becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM.The CC PATCH's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. PLANNING MEETINGS. Prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with CC PATCH representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, the Premises will be reviewed with regard to the areas of set-- up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether Exhibit A needs to be revised by the Parks Director and CC PATCH. If revised, new Exhibit A will follow process in §4 PREMISES REVISIONS. CC PATCH's Agent may request additional meetings. 7. ADMISSION FEE. CC PATCH may charge an admission fee. Special Events connected with CC PATCH may charge another fee to help defray the cost of entertainment. 8. CC PATCH'S FINANCIAL OBLIGATIONS. A. Permit Fees, The CC PATCH must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-- time Parks and Recreation Large Special Event Permit fee of $400, Health Permit/Vendor Fees, Development Services Permit Fees. B. Costs of City Services. The parties are not anticipating that City services will be provided for the Event. However, should any City services be utilized for the Event, then the Parks Director will invoice the CC PATCH for costs of all such City services, including but not limited to, services provided for the Event by City Utilities Department, City Solid Waste Operations Department, City Parks and Recreation Department, and City Police Department, and City Fire Department within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the CC PATCH's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. Page 3 of 14 CC PATCH's failure to pay the undisputed charges on City's invoice within 30 days after submittal to CC PATCH shall result in a late payment fee being assessed against CC PATCH. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. C. Deposit. The CC PATCH must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pickup, removal of any structures, or repairs and damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the CC PATCH within 30 days after the Event. D. Reimbursement for Damages to City Property. During the course of the Event, damages may occur to City Property. This includes, but is not limited to, damages to the turf, landscaping, utility infrastructure, water and/irrigation lines and related equipment caused by acts or omissions of the CC PATCH, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the CC PATCH an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the CC PATCH for any additional cost of repair. 1. Repairs to Premises. Parks Director will provide the CC PATCH's Agent a Punchlist of damages to the City Property authorized for the Event, as defined in §3 PREMISES AND PERMITTED USES, within seven (7) days after the CC PATCH has vacated the property, following the conclusion of the Event. CC PATCH will have the opportunity to restore all items on the Punchlist to original condition within ten (10)days after receipt of the Punchlist. For any turf or sod damage, the CC PATCH must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the CC PATCH fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so;; then invoice the CC PATCH for any additional costs. Damages to City property will be billed at the City's cost of repair. 2. Repairs to other City Property. Within 30 days after the conclusion of the Event, the City will provide the CC PATCH's Agent an itemized invoice for cost of repairs and damages, if any, on any other City property for the Event. If Deposit is not utilized for repairs to the Premises, any balance will be applied to the itemized invoice amount for the Event. CC PATCH will pay City's invoice for damages, within 30 days after City tenders the invoice to CC PATCH's Agent, less any amount(s) the CC PATCH has disputed. 9. GENERAL PERMITS. CC PATCH shall obtain necessary permits from City Departments, as outlined below. A. Special Event Permit. CC PATCH will obtain a Special Event Permits from the Parks & Recreation Department for use of Park property and to authorize water services on Park property, as specified in the City Code of Ordinances. As part of the Special Event permit, a street closure process will govern any necessary street closures. CC PATCH must provide the Street Director and Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure, in accordance with City Code of Ordinances. All temporary street closures on a temporary basis are subject to the requirements of City Code of Ordinances. B. Temporary Promotional Event Permit CC PATCH will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Page 4 of 14 Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the CC PATCH to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. CC PATCH may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. C. Vendor Permit. CC PATCH must ensure all mobile food units and temporary food service establishments comply with all applicable City ordinances and also requirements of the Corpus Christi-- Nueces County Health District for the sale of foods and the protection of the public welfare. CC PATCH shall be responsible for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-- 33.) D. Alcohol Vendors. CC PATCH must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage CC PATCH for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi -- Nueces County Health District for the sale of foods and the protection of the public welfare. CC PATCH shall be responsible for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-- 33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §16 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. E. Fireworks Permit. If Fireworks are being hosted, CC PATCH must obtain Fireworks Permit from the Fire Department. Any requested use of City property for fireworks launch must be approved separately by written agreement of the City Manager, with concurrence from the third party operator of the City facility, the City director overseeing the City property, and also compliance with additional insurance requirements imposed by the City Risk Manager. F. Water Events. For any water events, CC PATCH must obtain necessary permits from the United States Coast Guard. G.Additional Permits. CC PATCH's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. H. Music and Movie Licenses, CC PATCH is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music and display of movies at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A. Barricades, Traffic Signs, The CC PATCH must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. CC PATCH shall contract with a third party company to implement traffic control plan provided by the City Traffic Engineering Department. Event setup will not begin without the protection of traffic control devices. B. Parking. The CC PATCH will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities Page 5 of 14 C. Signage and Advertising. CC PATCH's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre-- approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. D. Rest Rooms, Drinking Water and First Aid. The CC PATCH must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station must also be provided at each site throughout the duration of the Event and its related activities. E. Fence. CC PATCH may provide a temporary six-- foot (6') chain link fence around Event areas, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with the CC PATCH's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. Storm Water System Protection. CC PATCH must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. CC PATCH must remove the screens within the non-- exclusive use period after the close of the Event. However, CC PATCH must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities. G.Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if CC PATCH provides the Parks Director prior written assurances that CC PATCH will remedy said damages in accordance with §8 CC PATCH FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H. Temporary Buildings. CC PATCH must receive prior written approval from the Parks Director to place any Temporary Buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-- exclusive use time period. I. Pavement. Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Capital Programs, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Permissible Vendor Location Markings. No paint or semi-- permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre-- mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 11. CLEAN UP. CC PATCH is responsible for trash pickup at the Event. CC PATCH must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. CC PATCH may designate the zone, but it will not be less than 10 Page 6 of 14 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the CC PATCH and taken to a location designated by the CC PATCH. CC PATCH may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give CC PATCH's Agent 2 hours notice to increase services;; and if it is still unsatisfactory, Parks Director may authorize use of City workers for reimbursement by CC PATCH shall be pay. 12. RIGHT OF CC PATCH TO USE PUBLIC STREETS. CC PATCH acknowledges that the control and use of Public Streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council and the compliance by CC PATCH with the terms and conditions contained within this Lease Agreement. 13. EMERGENCY VEHICLE LANES. CC PATCH must at all times maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 14. SECURITY. CC PATCH is responsible to determine whether to provide security officers during the Event, and after the Event closes each night. CC PATCH will assign the security officers duties. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off-- site crowd and traffic control for the Event as needed and include costs of police officers in the costs, §8 CC PATCH FINANCIAL OBLIGATIONS, above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 15. SAFETY HAZARDS. The CC PATCH, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. 16. INSURANCE. CC PATCH agrees to comply with attached insurance Exhibit C. In addition, CC PATCH's Agent must furnish to the Risk Manager, Commercial General Liability Insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 per occurrence for personal injury, death and property damage. CC PATCH is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non-- owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. CC PATCH must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the CC PATCH's Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 per occurrence must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. CC PATCH must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non-- exclusive use period each year. CC PATCH must require all volunteers to sign an accident waiver form that CC PATCH must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, CC PATCH must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, CC PATCH must provide copies Page 7 of 14 of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non-- renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to CC PATCH. 17. INDEMNITY. CC PATCH shall indemnify and hold City, its officers, agents and employees ("Indemnitees') harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of CC PATCH or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("Indemnitors') entering upon City property to set-- up and take-- down, hold, attend, or participate in the event and associated activities, with the expressed or implied invitation or permission of CC PATCH, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitors under this Agreement. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. CC PATCH covenants and agrees that if City is made a party to any litigation against CC PATCH or in any litigation commenced by any party, other than CC PATCH relating to this CC PATCH Lease Agreement, CC PATCH shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. NOTICE. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: If to CC PATCH: Director of Parks and Recreation Corpus Christi PATCH, Inc. City of Corpus Christi Attn: Monica Sawyer P.O. Box 9277 402 Peoples Street Suite 1A Corpus Christi, TX 78469-- 9277 Corpus Christi, TX 78401 (361)880-- 3461 (361)442-- 8456 FAX (361)880-- 3864 19. ASSIGNMENT. CC PATCH may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. Page 8 of 14 20. BREACH, TERMINATION. Any failure on the part of CC PATCH to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by CC PATCH entitles City to terminate this Lease Agreement without notice or demand of any kind, notwithstanding any license issued by City and no forbearance by City of any prior breach by CC PATCH is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by CC PATCH and the sums inure to the benefit of City as a set-- off against any debt or liability of CC PATCH to City otherwise accrued by breach hereof. 21. NOT PARTNERSHIP OR JOINT VENTURE. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from CC PATCH by the City are compensation for provision of City services as described herein and for the right of CC PATCH to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The CC PATCH recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 23. COMPLIANCE WITH LAWS. CC PATCH must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at CC PATCH's sole expense and cost. 24. NON-- DISCRIMINATION. CC PATCH warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 25. DISCLOSURE OF INTEREST. (Exhibit D) CC PATCH agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 26. CERTIFICATE OF INTERESTED PARTIES. CC PATCH agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties. 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, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 27. CONFLICT OF INTEREST. Contractors agree, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-- secretary/conflict-- disclosure/index. 28. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and CC PATCH for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding Page 9 of 14 within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to CC PATCH's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Name: City Secretary Title: Approved as to form: By: Assistant City Attorney For the City Attorney Corpus Ch 'sti PATCH, Inc. By: _ Name: Monica McLeod Sawyer Title: President Date: 07/02/2018 Page 10 of 14 EXHIBIT A %QUEBUEND! v.6 TACO FEST 1.Main entrance+ park&ride drop off 2.Secondary entrance 3.Private entrance for VIP/StaffNendors - =participating sc far = ` =fence moves for special entry {; = -�j Artesian Par waterbarricades a - ► not festival,but �� , VIP Parking pass-access for tenant T E F� I� e �E111�{t fle and special parking s 1 frsa3, 4t W7!*5 . 44of I3: E +? I �iitFr� t i ' void _ fish113 F _ Ritz Theatre c o Staff/Vendor Parkingiyk' e i 4 BUS 1 m' H ouse of Rock j - The Bay Jewel _ F 1. F Staff Parking n f i Will r `� -3 Page 11 of 14 EXHIBIT B 2018 EVENT Set-- Up Dates for 2018 Event: September 14, 2018 11 am thru September 15, 2018 Dates for 2018 Event: September 15, 2018 — 11 am — 10pm Take Down Date for 2018 Event: September 15, 2018 — 10:30 pm thru September 16,2018-- -- noon Page 12 of 14 EXHIBIT C INSURANCE REQUIREMENTS L LESSEE'S LIABILITY INSURANCE A. Lessee(CC PATCH) 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 subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on all certificates and policies. 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) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased VOLUNTEER ACCIDENT $10,000 for Accident Death and COVERAGE Dismemberment $$5,000 for Medical Page 13 of 14 LIQUORLIABILITY $1,000,000 Per Occurrence PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. IL ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. Lessee shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Lessee or as requested by the City. Lessee shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; Page 14 of 14 • 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, 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. Insurance Requirements Parks and Recreation Dept. 0 oa U N[pBPRASEAGENDA MEMORANDUM x85 First Reading Ordinance for the City Council Meeting of July 17, 2018 Second Reading Ordinance for the City Council Meeting of July 24, 2018 DATE: June 4, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington Director, Parks and Recreation Department JayEll(a)cctexas.com 361-826-3464 Community Enrichment Fund (4720) Appropriation CAPTION: Ordinance to accept and appropriate $846,228.34 in developer contributions, other donations and interest earnings in the Community Enrichment Fund for park improvements. PURPOSE: To appropriate funds received from developer fees, other donations and interest earned in the Community Enrichment Fund so that the funds would be available for associated projects. BACKGROUND AND FINDINGS: The Platting Ordinance provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than 5 miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. The last appropriation of Community Enrichment Funds was approved by City Council on January 31, 2017. ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City policy requires all funds drawn from the city treasury be appropriated by City Council before they can be expended. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget $3,524,958.98 $3,524,958.98 Encumbered/Expended Amount 419,287.54 419,287.54 This item 846,228.34 846,228.34 BALANCE $3,951,899.78 $3,951,899.78 Fund(s): The No. 4720 Community Enrichment Fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Comments: Revenues deposited to this fund for park development are 1)fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Attachment— Schedule of Appropriations — Exhibit A; Ordinance Presentation Ordinance to accept and appropriate $846,228.34 in developer contributions, other donations and interest earnings in the Community Enrichment Fund for park improvements Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate $846,228.34 in developer contributions, other donations and interest earnings in the 4720 Community Enrichment Fund for park improvements, and other related projects as described on the attached and incorporated Exhibit A. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy 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 Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel PASSED AND APPROVED, this the day of ' 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus Christi 4720 Community Enrichment Fund - Revenue Only Exhibit A FY17 - FY18 Pd 6 Unappropriated Account Org Description Balance 330006 21315 5 Woodbend 625.00 330006 21316 South End Addition 1,250.00 330006 21318 Tyler/Blue Water Subdivisions 625.00 330006 21336 Cole Park 2,500.00 330006 21365 Barclay Grove Park 19,840.00 330006 21367 Cimmarron/Riverbend/HeritageCr 88,854.01 330006 21374 Crossgate Linear Park 8,450.00 330006 21386 Northwest Crossing, Unit 1 6,080.41 330006 21404 Kings Garden 6,625.00 330006 21423 Greenfields by the Bay Lift St 51,875.00 330006 21431 Flour Bluff Estates B H, L 25C 4,277.06 330006 21453 Glenoak Estates, Blk 1, L 1-10 5,000.00 330006 21456 5 Manhattan Estates 625.00 330006 21459 Edgewater 625.00 330006 21528 Terra Mar/Oso View 19,872.00 330006 21624 Northwest Estates 48,771.43 330006 21627 Maple Hill/Lone Star Estates 9,618.58 330006 21664 Riverview Tracts 625.00 330006 21674 Buena Vista/Laguna Village 8,156.50 330006 21675 5Don Pat/ShrlOaks/Parkview/FBH 454.54 330006 21676 5 Vineyards/Cavo del Oso 12,134.50 330006 21685 Country Club Estates 45,625.00 330006 21698 5 Sandy Creek 86,387.25 330006 21702 Waldron Park/Laguna Shores 6,092.96 330061 21336 Cole Park 164.00 330395 21371 Gateway Park FB 196.69 340000 21440 Park memorials 4,500.00 352000-1030 21511 Permanent Art 114,300.00 330200-70 21460 Development Fees-Cm Enr Fd 200.00 330200 21460 Development Fees-Cm Enr Fd 251,200.00 CONTRIBUTIONS 805,549.93 341040-71 21300 Park Acq or Devel-Unrestricted 21,659.81 330405 21357 HEB Park Pool &Tennis 64.72 330435 21502 Beautification Promotion 331.58 330555 21507 Ed Exchg Prog-Sister City 0.18 330635 21511 Permanent Art 5,631.04 341040-70 21460 Development Fees-Cm Enr Fd 8,932.07 341040 21460 Development Fees-Cm Enr Fd 2,757.51 INTEREST 39,376.91 343590 21300 Park Acq or Devel-Unrestricted 1,301.50 Sale of scrap/city property 1,301.50 TOTAL REVENUE FOR APPROPRIATION 846,228.34 vow r CORPUS CHRISTI PARKS& RLuRLA I iON Parks & Recreation Department Community Enrichment Funds Council Presentation June 12, 2018 Community Enrichment Fund 4 CHRISTI PARKS6 • Established to hold *Donations *Public Open Space Fees *Proceeds from Sales • Unified Development Code, Article 8.3 Public Open Space • Requires developers to meet two requirements • Parkland Requirement ■ Single Family = 1 acre per 100 dwellings ■ Multi-family = 1 acre per 200 dwellings ■ Cash in lieu of land • Land requirement x Market value of acre • Maximum market value cap: $62,500/acre • Regional, community and neighborhood parks ■ within 5 miles per master plan Community Enrichment Fund 4 CHRISTI PAg1-U • UDC Public Open Space continued • Park Development ■ $200 per dwelling unit ■ Plan and improve park development in regional, community and neighborhood parks ■ Per the master plan Community Enrichment Funds � Major Investment Parks West Guth Bill Witt Parker and Waldron Labonte Captain Falcon Neighborhood Parks Playgrounds and Fitness Equipment Tree Planting Project Hike and Bike Trail Development Questions from Park Fans 4 CHRISTI _t PeARKS& 5 SC 00 � w � 0 v AGENDA MEMORANDUM �LOAP9Rpzo First Reading Ordinance for the City Council Meeting of July 17, 2018 T852 Second Reading Ordinance for the City Council Meeting of July 24, 2018 DATE: June 22, 2018 TO: Keith Selman, Interim City Manager FROM: Miles Risley, City Attorney Gilbert Sanchez, Risk Manager milesr(a)cctexas.com gilberts2(a)cctexas.com (361) 826-3361 (361) 826-3739 Appropriating $500,000 from Reserve Fund Balance for higher-than-actuarially-calculated worker's compensation costs CAPTION: Ordinance appropriating $500,000 from the Reserved Fund Balance in the Workers' Compensation Fund for payment of higher-than-actuarially calculated workers compensation costs and amending the FY17-18 Budget. PURPOSE: This action increases expenditures in the Workers' Compensation Fund by $500,000 to ensure proper funding through the end of the current fiscal year. The actuarially determined amount for claims this fiscal year was $2,102,880. Through the end of May 2018, (67% of fiscal year), 80% of the total budget in the Workers' Compensation Fund had been used. In order to ensure funds are present when requested, funds need to be appropriated from the Reserved Fund Balance in the Workers' Compensation Fund. Current fund balance in the Workers' Compensation Fund is approximately $5,800,000. BACKGROUND AND FINDINGS: The Workers' Compensation Fund self-insures the first $500,000 of every injury, thereafter, the City purchases an excess/umbrella liability policy for individual claims exceeding the $500,000 limit. The Workers' Compensation Fund budget is determined by actuarial analysis. This analysis is based on claims loss data provided by York Services, our workers' compensation third-party administrator. Oliver Wyman Inc., the City's actuary, reviews the claims data and calculates budget forecasts in conformance with standard actuary practices and City of Corpus Christi Financial Policy. Fiscal Year 2017-18 Workers' Compensation claim payments continue to increase through the first 8 months due to higher than expected medical expenses per claim. There have been a number of costly surgeries that were performed year to date along with associated lost wages for time spent off work due to injury. These same claims in the third quarter significantly impacted the workers' compensation self-fund. The following is a breakdown of workers' compensation expenses, indemnity and medical payments through May of 2018: Month/Year of Check Expense Indemnity Medical Grand Total Oct-17 $ 18,356.39 $ 72,736.52 $ 97,436.67 $ 188,529.58 Nov-17 20 818.27 73 221.71 142 759.72 236 799.70 Dec-17 $ 17,406.78 $ 108,954.98 $ 164,035.24 $ 290,397.00 3an-18 $ 16,044.50 $ 49,051.31 $ 75,052.22 $ 140,148.03 Feb-18 $ 16,006.50 $ 37,991.75 $ 94,836.52 $ 148,834.77 Mar-18 $ 18,859.18 $ 38,132.03 $ 99,477.30 $ 156,468.51 Apr-18 14 848.50 58 074.00 189 625.47 262 547.97 May-18 $ 14,741.00 $ 184,826.63 $ 71,188.35 $ 270,755.98 Grand Total $137,081.12 $622,988.93 $934,411.49 $1,694,481.54 As of the first 8 months of 2018, the total number of workers' compensation claims filed in 2018 is projected to be less than last year. However, the severity of the 2017 claims being paid in this budget year are much higher. With four months until the new fiscal year, there is an anticipated shortfall of a projected $500,000. To illustrate this year's paid claims trend to the four previous years, the following chart provides an analysis of all workers' compensation claims paid year to date. FY2014-FY2018 All Departments $2,269,416.47 $2,189,894.79 $2,247,138.81 $2,028,192.37 567 547 534 621 2014 2015 2016 2017 --e—Grand Total Spent --*--Number of Claims To determine whether the City has a systemic problem or a department-specific issue this year, we broke down workers compensation costs by department. As indicated in the following chart, the Police Department claim losses 8 months into the year comprised 52% of all total losses. Workers' Compensation Paid FY2018 All other departments, AOL$461,718.23,27 Police,$898,229.04, Solid Waste, 52a/ $124,994.20,7% Fire,$232,101.57, 49'a Police • Fire •Solid Waste All other departments The cost drivers for this year's Police department claims were four motor vehicle accidents that occurred in 2017, two involving motorcycles. Of those four, the City driver was at fault in only one. The accidents resulted in either extensive surgeries or other expensive rehabilitative costs. The city is currently pursuing subrogation claims in the three accidents but does not anticipate full recovery in the foreseeable future. These limited subrogation dollars from which to recover are due to no insurance by the at fault driver, low limits of auto liability insurance and the number of parties vying for limited insurance funds. Despite claim severity issues, the Police Department is improving its safety. A four-year comparative analysis within the Police Department indicates that the total number of police workers' compensation claims decreased by 1/3 since 2014. Due to medical cost inflation, the severity of the injuries has, over the last two years, greatly increased costs and impacted the workers' compensation self-retention fund. FY2014-FY2018 Police Only $782,662.99 $744,549.46 $564,847 $481,151 180 172 121 119 —*--Number of Claims —e—Grand Total Spent 2014 2015 2016 2017 Current and future training: Police claims have declined significantly, indicating positive trends. However, safety expenditures in police will have an outsized effect on total City workers compensation costs. The following are the Police Department and Risk Management collaborative training and safety efforts and programs targeted to reduce accidents, injuries and workers' compensation costs: ➢ CCPD Cadets attend the National Safety Council Defensive Driving (DDC) class conducted by Risk Management ➢ Vehicle Accident Review Board continues to review and work closely with the Police to identify preventable accidents and refer drivers to a two-hour remedial driver training session ➢ Risk Management is to conduct DDC specifically for the Police Department ➢ Police and Fire have implemented an internal motor vehicle accident disciplinary matrix to discipline officers and Firefighters for preventable accidents and Risk Management recommends all departments develop and implement like internal disciplinary matrix ➢ Risk Management has assigned an additional Safety Coordinator to assist the Police Department to identify safety training departments needs to address the root cause of accidents. ALTERNATIVES: Not applicable due to statutory requirements that Public entities provide workers' compensation coverage to its employees. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's financial policies and State statutes regulating workers' compensation. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Budget FINANCIAL IMPACT: Operating Revenue Capital X Not applicable Amount Required: $500,000 Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,102,881 $2,102,881 Encumbered / Expended 1,714,868 1,714,868 Amount This item 500,000 500,000 BALANCE $888,013 $888,013 Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $500,000 from the Reserved Fund Balance in the Workers' Compensation Fund for payment of higher-than-actuarially calculated workers compensation costs and amending the FY17-18 Budget NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of$500,000 are appropriated from the Reserved Fund Balance in the Workers' Compensation Fund for payment of higher-than-actuarially calculated workers compensation costs SECTION 2. The FY17-18 operating budget is amended by increasing expenditures by $500,000. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 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, this the day of ' 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor se GO O Va. AGENDA MEMORANDUM NORROPPEFirst Reading Item for the City Council Meeting of July 17, 2018 1852 Second Reading Item for the City Council Meeting of July 24, 2018 DATE: July 12, 2018 TO: Keith Selman, Interim City Manager FROM: Esther Velazquez, Assistant to the City Manager EstherV@cctexas.com 361.826.3093 Appropriating $550,000 for Selena Auditorium Elevator Modernization Project CAPTION: Ordinance appropriating $550,000 from the unreserved fund balance of the Hotel Occupancy Tax Fund for modernization of elevators at the Selena Auditorium; and amending the FY18 operating budget. PURPOSE: Modernization of the passenger and freight elevators in the Selena Auditorium. BACKGROUND AND FINDINGS: Industry standards recommend elevator modernization after 20 to 25 years of service. Beyond 25 years, elevators reach the end of their cost effective lives. During this period the elevators may experience decreasing performance along with an increase in service calls. These indicators are clear signs of potential problems and slipping reliability. Due to their low frequency of use, at 44 years old, the Selena Auditorium elevators have now been slated for modernization. The design portion of this project has been completed. The construction portion of the project was planned as a fiscal year 2019 capital project, however, repairs to this equipment are no longer holding and it is imperative that the modernization occur as soon as possible. The freight elevator is key in the operational capacity of the Selena Auditorium because it is the only unit in the building that serves all six landings. There are some shows that could not perform in the venue due to the logistical constraints of not having a functioning freight elevator. In January of this year, an elevator technician "tagged out" the freight elevator, meaning it was shut down and locked in the off position at the main breaker to prevent use. Tagging out is a safety precaution that prevents use of the equipment until repairs can be made. An emergency repair had to be made to make it functional prior to the Las Donas event and those repairs lasted only three weeks. This is not an issue of shoddy workmanship or faulty parts, the elevator has passed its expected service life. The failure rate has increased and four emergency service calls have resulted in expenditures in the amount of $14,700 so far this fiscal year. Replacement parts are no longer manufactured, must be fabricated and do not come with a warranty. This request is for an advance of the American Bank Center's FY19 capital project funding which will be deducted from its allocation at that time. ALTERNATIVES: Do not approve appropriation. EMERGENCY / NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: Legal, Finance, Budget, City Manager FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Current Fiscal Year: 2018 Year Adopted Budget for FY18 Convention Center Capital Projects $1,470,000 Convention Center Restroom Project (approved 3.27.18) $1,042,200 This Item $550,000 AMENDED BUDGET for FY18 Convention Center Capital Projects $3,062,200 Fund: Hotel Occupancy Tax Fund 1030 Comments: None. RECOMMENDATION: Staff recommends approval of this Ordinance. LIST OF SUPPORTING DOCUMENTS: Project Budget Ordinance ORDINANCE APPROPRIATING $550,000 FROM THE UNRESERVED FUND BALANCE OF THE HOTEL OCCUPANCY TAX FUND FOR MODERNIZATION OF ELEVATORS AT THE SELENA AUDITORIUM; AND AMENDING THE FY18 OPERATING BUDGET. WHEREAS, the City has previously identified the modernization of elevators at the Selena Auditorium as a necessary capital project and had intended to include the project in the FY2018-2019 budget; and WHEREAS, the condition of the freight elevator at the Selena Auditorium requires this project to be prioritized. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of$550,000 are appropriated from the unreserved fund balance in the Hotel Occupancy Tax Fund No. 1030 and transferring said funds to the Visitor Facility Fund No. 4710 for modernization of the freight and passenger elevators at the Selena Auditorium SECTION 2. That the FY2017-18 operating budget adopted by Ordinance No. 031255 is amended by increasing revenues and expenditures by $550,000. SECTION 3. That prior to making any distributions of hotel occupancy tax funds for capital projects under the FY2018-2019 budget for the American Bank Center, the City shall subtract $550,000. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor day of ' 2018. 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 PROJECT BUDGET ESTIMATE E17062-Modernize Selena Elevators(FMAC) PROJECT FUNDS AVAILABLE: Hotel Occupancy Tax(For Design Contract) 51,140 TOTAL FUNDS AVAILABLE 51,140 FUNDS REQUIRED: Construction Fees: Construction(COMPANY NAME-TBD)THIS ITEM 420,500 Contingency(10%)................................................................................................... 42,500 Construction Inspection and Testing Fees:............................................................................................ 16,170 Construction Inspection TBD(3%)............................................................................... 16,170 Design and Geotechnical Fees:........................................................................................................ 49,500 Engineer(Dykema Architects)................................................................................... 49,500 Reimbursements:............................................................................................................................. 31,416 Contract Administration(Eng. Svcs Admin/Finance/Capital Budget)(1.5%)......................... 13,860 Engineering Services(Project Mgt)(3.00%)................................................................. 16,170 Misc. (Printing,Advertising,etc.)................................................................................ 1,386 TOTAL 560,086 ESTIMATED PROJECT BUDGET BALANCE (508,946) se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 17, 2018 NCORROP pEO 1852 Action Item for the City Council Meeting of July 24, 2018 DATE: July 17, 2018 TO: Keith Selman, Interim City Manager FROM: Esther Velazquez, Assistant to the City Manager— City Manager's Office EstherV(a-).cctexas.com (361) 826-3093 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 c(D.cctexas.com (361) 826-3169 Purchase of Storage Cabinets and Installation for the Corpus Christi Museum of Science and History— Sole Source CAPTION: Resolution authorizing a four month service agreement with Southwest Solutions Group, of Lewisville, Texas for the purchase and installation of storage cabinets for a total amount not to exceed $218,299. PURPOSE: This service agreement will provide the purchase and installation of storage cabinets for the Corpus Christi Museum of Science and History BACKGROUND AND FINDINGS: The Natural History Storage room houses hundreds of thousands of unique scientific specimens for preservation in specialized museum cabinets. In May 2016, this room sustained significant water damage due to a roof leak. There were 150 out of 166 cabinets in the room that were damaged by this water event and were disposed of as part of a recent remediation project. The 150 damaged cabinets were made of wood and were susceptible to water damage, displaying warping, swelling, and mold. The Corpus Christi Museum of Science and History worked with Risk Management on an insurance claim to replace the damaged wood cabinets. In the same storage room, were 16 metal cabinets purchased in approximately 2009. These metal cabinets withstood the roof water leak and were not damaged protecting the collections inside of them because of their high quality. These cabinets were cleaned with no signs of damage, and will continue to be used. The cabinets and installation have been quoted as a sole source procurement necessary because of unforeseen damage to public property and is available from only one source due to a special process. The cabinets will be paid for using the insurance claim funds. The purchase of Spacesaver cabinets as quoted by Southwest Solutions Group will standardize the cabinetry in the storage room, allowing high-quality storage for decades to come. 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: Museum FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018 Current Year Future Years TOTALS Line Item Budget $203,130.00 $0.00 $203,130.00 Encumbered / Expended Amount ($64,537.46) $0.00 ($64,537.46) This item $218,299.00 $0.00 $218,299.00 BALANCE $49,368.46 $0.00 $49,368.46 Fund(s): 1020 - General Comments: The contract value is not to exceed $218,299, funds from the insurance claim have been added to the account and are reflected as an expense for FY2018. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution, Service Agreement Resolution authorizing a four month service agreement with Southwest Solutions Group, of Lewisville, Texas for the purchase and installation of storage cabinets for a total amount not to exceed $218,299. WHEREAS, the City has determined that the purchase and installation of the cabinets is necessary in order to protect and store the various specimens at the Corpus Christi Museum of Science and History due to the loss of cabinets by water damage; WHEREAS State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (3), as this purchase is necessary because of unforeseen damage to public machinery, equipment, or other property. WHEREAS there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to all documents necessary for the purchase and installation of storage cabinets for the Corpus Christi Museum of Science and History from Southwest Solutions Group, of Lewisville, Texas for a total amount not to exceed $218,299. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas Page 1 of 2 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 4 QSERVICE AGREEMENT NO. 1711 U 1 Cabinets and Installation for the Corpus Christi Museum of bO RPOR Af 1852 Science and History THIS purchase and installation of cabinets for the Corpus Christi Museum of Science and History Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Southwest Solutions Group ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide cabinets and installation 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 cabinets and installation 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 four 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 $218,299.00, 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: Esther Velazquez City Manager's Office 361-826-3093 EstherV@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: Esther Velazquez Assistant to City Manager 1201 Leopard St., Corpus Christi, TX 78401 361-826-3093 IF TO CONTRACTOR: Southwest Solutions Group Attn: Jeff Rosaasen Sales 15002 Tradesman Drive, San Antonio, TX 78249 210-559-3603 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: J. Calvin Miller Title: Chief Financial Officer Date: June 25, 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 1. General Requirements/Background Information The Contractor shall provide materials, shipping and installation of museum quality artifact storage cabinets at the Corpus Christi Museum of Science and History. All artifact storage cabinets are to be built to support the special needs of Natural History museum collections. The collection includes Entomology, Geology, Paleontology, Botany, Marie Biology, Mammalogy, Ornithology, Herpetology, and Malacology. Several collections include wet specimens in assorted sized jars, including herpetology, marine biology, and malacology, several collections also include oversized specimens of significant weight, including paleontology and geology. All cabinets should be designed for long-term museum artifact storage, including proper sealing and air flow for protection from light, dust, off-gassing, moisture/water, insects, and other damaging environmental threats. With the exception of Cornell Entomology drawers (which should included the necessary foam), all cabinet parts should be finished metal. No raw or processed woods should be present. Metals should be non-off-gassing powder-coated paint. All cabinets should have latching/lock systems to encourage correct air exchange and provide security. Cabinets should be flexible and able to accept a variety of drawer depths, based on size of collections. They should be easy to level on uneven floors, and designed to be protected from overhead sprinkler deployment. 2. Scope of Work The scope sets forth the minimum requirements for the replacement of the natural history museum cabinets located at the Corpus Christi Museum of Science and History located at 1900 N. Chaparral Street, Corpus Christi, Texas 78401 . The cabinet specifications are listed below: A. Entomology Cabinet, 43-15/16" Wide x 20-3/8" Deep x84" High, Double Steel Doors, Recessed Handles, and Lock. (48) Drawer Capacity Cornell Style B. Cornell Entomology Drawers, Pine, Hardboard Bottom C. Wet Storage Museum Cabinet, 39-15/32" Wide x 16-17/32" Deep x 84" High, Double Steel Doors, Recessed Handles, Lock, Shall Include six Heavy-Duty Adjustable Shelves. Page 1 of 2 D. Museum Cabinet, 39-15/32" Wide x 22-17/32" Deep x 84" High, Double Steel Doors, Recessed Handles, Lock, Shall Include six Heavy-Duty Adjustable Shelves E. Geology Cabinet, 20-1/4" Wide x 25-1 /2" Deep x84" High, Single Steel Door, Recessed handle, Lock. (24) Drawer Capacity F. 2-3/4" Geology Drawer, ID: 16-1 /4" Wide x 23-1 /2" Deep x 2-3/4" High G. Geology Cabinet, 20-1 /4" Wide x 25-1 /2" Deep x 84" High, Single Steel Door, Recessed Handle, Lock. (24) Drawer Capacity H. Double wide full weight cabinets, 43-15/16" wide x 20 3/8" deep x 84" high. I. Metal sliding drawers to fill 14 cabinets, 19" wide x 16.2" deep x 3" tall. 3. Special Instructions The Contractor shall be responsible for all aspects of the turnkey project to include but shall not limited to: A. Shipping and coordination of inside delivery B. Unpacking cabinets C. Installation of cabinets by a certified technician or technicians D.Complete clean up and removal of debris after project completion 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. Page 2 of 2 Attachment B: Bid/Pricing Schedule is 4D 0 40 SOUTHWESTSOLUTIONSGROUP business organization systems PROPOSAL Jillian Becquet Date: June 12,2018 Corpus Christi Museum of Science and History Proposal 9: 71918 Pro 1 rev 1 Collections Manager and Registrar Terms. 50/40/10 1900 N. Chaparrel St. F.O.B. Destination Corpus Christi,Texas 78401 Delivery: 6-8 Weeks ARO Project Replacement Museum Cabinets per 71918: Area One Cabinets uanti 5: Entomology Cabinet, 43-15/16" Wide x 20-3/8" Deep x 84" High, Double Steel Doors, Recessed Handles, Lock. (48) Drawer Capacity [Cornell Style]. *Drawers not included in cabinet price uanti 1: Wet Storage Museum Cabinet, 39-15/32" Wide x 16-17/32" Deep x 84" High, Double Steel Doors, Recessed Handle, Lock, Includes (6) Heavy-Duty Adjustable Shelves 71918: Area One Drawers: Quantity 240 wood: Cornell Entomology Drawers,pine, hardboard bottom Total Investment Area 1 Cabinets— (QTY of 6) $ 28,842.00 Total Investment Area 1 Drawers (QTY of 240)for Entomology Cabinets $ 19,849.00 71918: Area Two Cabinets uanti 2: Museum Cabinet, 39-15/32" Wide x 22-17/32" Deep x 84" High, Double Steel Doors, Recessed Handles, Lock. Includes (6) Heavy-Duty Adjustable Shelves uanti 1: Geology Cabinet, 20-1/4" Wide x 25-1/2" Deep x 84" High, Single Steel Door, Recessed Handle, Lock, (24) Drawer Capacity. *Drawers not included in cabinet price 71918: Area Two Drawers: Quantity 24 metal: 2-3/4" Geology Drawer, ID: 16-1/4" Wide x 23-1/2" Deep x 2-3/4" High, *Drawers are 'Free Release' and have no stops. Total Investment Area 2 Cabinets (QTY of 3) $ 11,313.00 Total Investment Area 2 Drawers for Geology Cabinets (QTY of 24) $ 2,112.00 15002 Tradesman, Suite 2 San Antonio, Texas 78249 Phone(210) 559-3603 www.southwestsolutions.com irosaasen(osouthwestsol utions.co Page I of 2 71918: Area Three Cabinets uanti 4: Geology Cabinet, 20-1/4" Wide x 25-1/2" Deep x 84" High, Single Steel Door, Recessed Handle, Lock, (24) Drawer Capacity. *Drawers not included in cabinet price 71918: Area Three Drawers Quantity 96 Metal : 2-3/4" Geology Drawer, ID: 16-1/4" Wide x 23-1/2" Deep x 2-3/4" High, *Drawers are 'Free Release' and have no stops. Total Investment Area 2 Cabinets (QTY of 4) $ 11,151.00 Total Investment Area 2 Drawers for Geology Cabinets (QTY of 96) $ 8,448.00 71918: Area Four Cabinets $ 80,759.00 14 double wide full height cabinets 71918: Area Four Drawers $ 55,825.00 672 drawers Metal Total cost for all material delivered and installed $218,299.00 15002 Tradesman, Suite 2 San Antonio, Texas 78249 Phone(210) 559-3603 www.southwestsolutions.com irosaasen(osouthwestsol utions.co V. INVESTMENT DETAILS Your investment includes all necessary design services, engineering, manufacturing, packaging, freight, inside delivery, unpackaging, installation by factory certified technicians, cleanup of area, removal of all debris,warranty, and everything necessary for a successful and complete installation. ✓ Per Contract,Purchase Orders are to be emailed to:jrosaasen�r,ss t, Southwest Solutions Group 15002 Tradesman Drive Suite 200 San Antonio,Texas 78249 Phone 210-559-3603 Attn: Jeff Rosaasen Southwest Solutions Group D&B: 17-190-9963 Federal Tax ID: 75-2703228 By: Jim Smith Approved by: Jeff Rosaasen Date: 15002 Tradesman, Suite 2 San Antonio, Texas 78249 Phone(210) 559-3603 www.southwestsolutions.com irosaasen(osouthwestsol utions.co Attachment C: Insurance and Bond Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property cancellation, non-renewal, material Damage change or termination required on all Per occurrence - aggregate 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 AUTO LIABILITY (including) $1 ,000,000 Combined Single 1 . Owned Limit 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with (All States Endorsement if Company is not Part II of this Attachment. domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 Page 1 of 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing - Museum of Science and History Materials, Shipping and Installation of Museum Quality Artifact Storage Cabinets 05/16/2018 sw Risk Management Valid Through 12/31/2018 Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty 5-Year Limited Warranty on all equipment effective on the date of written acceptance of installation. During the 5-year warranty period, all parts shall be included at no cost for 5 years. Labor shall be included at no cost during the first year of the 5-year warranty period. Page 1 of 1 se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of July 17, 2018 1852 Action Item for the City Council Meeting of July 24, 2018 DATE: July 17, 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 Four Years Service Agreement for Emergency or Disaster Response Services CAPTION: Motion authorizing a four-year service agreement with Garner Environmental Services, Inc. of Deer Park, Texas to secure required equipment and services in the event of an emergency or disaster for a total amount of $200,000 via General Services Administration's (GSA) Cooperative. PURPOSE: In the event of an emergency or disaster, the City may secure the required equipment and services on an as-needed basis. However, due to the exigent nature of an emergency or disaster, doing so may result in higher prices, sourcing difficulties and the inability to secure insurance and indemnification protections available under the terms of the service agreement recommended herein. BACKGROUND AND FINDINGS: This is a pre-positioned contract that will be utilized only in the event of an emergency or disaster. It will provide the City with a readily supply of emergency response equipment and services. Included in the contract, but not limited to, are generators, cabling, pumps, and hoses, restroom and shower units, fuel tanks, fuel, comfort stations and a variety of other emergency-related equipment and services. Expenditure of funds under this contract will occur only in the event of its activation in response to an emergency or disaster. The City is required to initially fund expenditures to the contractor under this service agreement, which will be followed by reimbursement of qualifying expenditures by the Federal Emergency Management Agency (FEMA). Contracts awarded through General Services Administration aka GSA have been competitively procured, to assist with compliance with Texas local and start procurement requirements. 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 FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Various Comments: Expenditure of funds under this contract will occur only in the event of its activation in response to an emergency or disaster. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet 4k,.wzRNEe7R The Emergency Response company 2. GSA SCHEDULE PRICELIST SIN Product Description GSA Price Weekly Rate SCHEDULE A-POWER GENERATION 4264F 20KW Generator $1,148.78 426-4F 25KF Generators $1,148.78 426-4F 30KW Generators $1,234.26 4264F 35KW Generators $1,362.32 426-4F 36KW Generators $1,362.32 426-4F 40KW Generators $1,621.81 4264F 45KW Generators $1,621.81 4264F 48KW Generators $1,621.81 4264F 50KW Generators $1,621.81 426-4F 56KW Generators $1,621.81 4264F 60KW Generators $1,675.87 426-4F 70KW Generators $2,027.27 426-4F 75KW Generators $2,027.27 4264F 80KW Generators $2,219.87 4264F 90KW Generators $2,333.52 426-4F 10OKW Generators $2,289.29 426-417 125KW Generators $2,838.18 426-4F 150KW Generators $2,838.18 426-4F 174KW Generators $2,957.38 4264F 175KW Generators $2,957.38 4264F 176KW Generators $2,957.38 4264F 180KW Generators $3,107.81 4264F 20OKW Generators $3,088.20 4264F 225KW Generators $3,649.09 4264F 240KW Generators $3,649.08 426-4F 25OKW Generators $3,649.08 426-41F 300 KW Generators $3,768.02 4264F 320KW Generators $3,768.01 426-4F 350KW Generators $4,298.63 426-4F 40OKW Generators $5,287.56 4264F 450KW Generators $5,287.56 426-41F 48OKW Generators $5,789.87 426-4F 50OKW Generators $5,789.87 4264F 550KW Generators $6,206.14 4264F 575KW Generators $6,461.31 426-4F 60OKW Generators $7,427.76 426-4F 640KW Generators $7,427.76 426-4F 675KW Generators $7,589.45 4264F 728KW Generators $7,589.45 426-4F 750KW Generators $7,589.45 4264F 800KW Generators $8,310.44 426-4F 854KW Generators $9,517.36 426-4F 1000KW Generators $9,517.36 Contract No .GS-07F-0403X 6 Modification PO-0012 dated March 23,2016 Page 1 of 13 *GARNER The Emergency Response Company SIN Product Description GSA Price Weekly Rate 4264F 120OKW Generators $13,325.04 426-4F 1250KW Generators $13,325.04 426-4F 140OKW Generators $14,590.91 426-4F 150OKW Generators $15,174.56 4264F 160OKW Generators $15,515.35 426-417 175OKW Generators $16,616.14 4264F 2000KW Generators $17,742.64 4264F 45 kVA Transformer $324.36 426-4F 75 kVA Transformer $432.48 426-4F 100 kVA Transformer $651.43 426-417 150 kVA Transformer $651.43 426-4F 225 kVA Transformer $867.67 4264F 300 kVA Transformer $1,589.38 4264F 400 kVA Transformer $2,112.41 4264F 500 kVA Transformer $2,112.41 426-4F 750 kVA Transformer $2,448.94 4264F 1000 kVA Transformer $2,871.96 4264F 1500 kVA Transformer $3,796.40 426-4F 2000 kVA Transformer $4,476.21 426-4F 600 Amp Line Panel $756.85 4264F 800 Amp Line Panel $994.71 4264F 1200 Amp Line Panel $1,492.07 426-41F 4000 Watt Generated Light Plant $513.57 4264F Power Distribution Box(Spider Boxes $493.70 4264F Spider Boxes 400 $767.66 4264F Spider Boxes 800 $993.36 426-4F Power Distribution Box(Spider Box with 50ft cable $640.83 4264F Pigtails-4/0 Male&Female Camlock Connectors $59.24 4264F Power Cord,50' Extension Cord $29.62 426-4F Generator Cable price per foot $2.47 POWER GENERATOR NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 days constitutes a week on equipment;7 days constitutes a week on personnel. Rental Rates Only-Transportation rates from to point of origin and/or point of delivery and/or point of use are not included. Customer is responsible for any/all fuel,personnel and transportation costs associated with project. Fuel will be determined by load and charged IAW and associated to the Task Order at that time. Minimum of(2)electricians are required per site assessment and installation. GPS units are required for each generator and charged per rate schedule. (Messaging not included) Any items requested of GESI not appearing within these rates will be billed at the invoiced amount plus a 15%handling fee. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. Contract No. GS-07F-0403X 7 Modification PO-0012,dated March 23,2016 Page 2 of 13 -*GARMER The Emergency Response Company SIN Product Description GSA Price Weekly Rate SCHEDULE B-PUMPS&HOSES 426-4F 2"x 2"Diesel Pump $778.47 4264F 3"x 3"Diesel Pump $1,431.25 426-4F 4"Diesel Pump $810.91 426-4F 6"Diesel Pump $1,405.57 426-4F 8"Diesel Pump $1,778.93 4264F 10"Diesel Pump $2,025.24 426-41F 12"Diesel Pump $2,757.19 4264F 16"Diesel Pump $7,027.86 4264F 18"Diesel Pump Dsl Flg w/QD $10,509.35 4264F 24"Diesel Pump $13,969.22 426-4F 2"Suction Discharge Hose 50'Section $94.61 4264F 3"Suction Discharge Hose 50'Section $70.28 4264F 4"Suction Discharge Hose 50'Section $100.72 426-4F 6"Suction Discharge Hose 50'Section $124.34 4264F 8"Suction Discharge Hose 50'Section $248.14 4264F 10"Suction Discharge Hose 50'Section $383.15 4264F 12"Suction Discharge Hose 50'Section $401.40 4264F 6"Vacuum Assist Pump $2,128.63 426-41F 12"Vacuum Assist Pump $2,898.99 426-4F 3 Inch Submersible Hydraulic Pump $749.48 4264F 4 Inch Submersible Hydraulic Pump $1,283.63 4264F 6 Inch Submersible Hydraulic Pump $1,732.90 4264F 8 inch Submersible Hydraulic Pump $2,310.53 4264F 12 Inch Submersible Hydraulic Pump $4,120.44 4264F 8"Bauer Pipe,10'section $53.91 4264F 12"Bauer Pipe, 10'section $53.91 426-4F 4"Strain ers/T-Joints(Elbows $47.40 4264F 6"Strainers(T-Joints/Elbows $64.18 4264F 8"Strainers/T-Joints(Elbows $67.58 426-4F 3"Sub-Dewater 5hp 460v $343.37 426-4F 4"Sub-Dewater 10ph 460v $386.37 426-4F 6"Sub-Dewater 35hp 460v $617.76 426-4F 8"Sub-Dewater 95hp 460v $1,339.78 4264F 4"Sub-Trash 20hp 460v $430.02 4264F 6"Sub-Trash 40hp 460v $617.75 426-417 8"Sub-Trash 70hp 460v $1,339.79 4264F 3"Suction Hose-20' $56.16 426-417 4"Suction Hose-20' $72.21 426-4F 6"Suction Hose-20' $72.21 426-417 8"Suction Hose-20' $160.45 426-4F 10"Suction Hose-20' $202.73 4264F 12"Suction Hose-10' $160.45 426-4F 6"to 18"Pipe Fusion Machine $3,311.20 4264F 12"to 36"Track Mounted Fusion Machine $11,352.70 Contract No. GS-07F-0403X 8 Modification PO-0012,dated March 23,2016 Page 3 of 13 *GARNER The Emergency Response Company PUMPS AND HOSES NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel. Rental Rates Only-Transportation rates to and from point of origin and/or point of delivery and/or point of use are not included. Customer is responsible for any/all fuel,personnel and transportation costs Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. SIN Product Description JTGSA Price Daily GSA Price Rate I Weekly Rate SCHEDULE C—ENVIRONMENTAL CONTROLS 426-4F 5-Ton Air Conditioner Unit N/A $1,148.78 426-4F 10-Ton Air Conditioner Unit N/A $1,405.57 426-4F 15-Ton Air Conditioner Unit N/A $1,924,55 4264F 20-Ton Air Conditioner Unit N/A $2,024.56 426-4F 25-Ton Air Conditioner Unit N/A $2,169.18 4264F 30-Ton Air Conditioner Unit N/A $2,703.02 426-4F 40-Ton Air Conditioner Unit N/A $4,324.84 4264F 50-Ton Air Conditioner Unit NIA $7,348.17 426-4F 60-Ton Air Conditioner Unit N/A $5,297.92 4264F 75-Ton Air Conditioner Unit NIA $7,568.46 426-4F 80-Ton Air Conditioner Unit N/A $8,649.67 426-4F 100 GPM Pump N/A $778.47 426-4F 200 GPM Pump N/A $778.47 426-4F 300 GPM Pump N/A $852.43 4264F 400 GPM Pump N/A $888.66 4264F 500 GPM Pump N/A $898.54 426-4F 750 GPM Pump N/A $1,621.81 426-4F 800 GPM Pump N/A $1,621.81 4264F 1000 GPM Pump N/A $1,621.81 4264F 1200 GPM Pump N/A $1,444.14 426-4F Polyethylene Pollution Bags(per Roll) $113.53 N/A 4264F Polyethylene Sheeting Per Roll(20'x100'x6 mil) $118.93 N/A 4264F Level A Responder Suit(each) $1,243.39 N/A 4264F Level B Responder Suit(each) $243.27 N/A 426-4F Level 3(CPC 3)PPE(each) $113.53 N/A 4264F Level D PPE(each) $48.65 N/A ENVIRONMENTAL CONTROLS NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel, Rental Rates Only-Transportation rates from to pt.of origin and/or pt.of delivery and/or point of use are not included. Customer is responsible for any/all fuel,personnel and transportation costs. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. Contract No. GS-07F-0403X 9 Modification PO-0012,dated March 23,2016 Page 4 of 13 -*CURNER The Emergency Response Company SIN Product Description GSA Price Weekly Rate SCHEDULE D-MATERIALS HANDLING EQUIPMENT(MHE) 426-4F Forklift Carpet Poles $111.90 4264F Pallet Grabbers w/Chain $40.54 4264F Pallet Jack $111.90 4264F Electric Pallet Jack $318.96 4264F Forklift Loading ramps $923.09 426-4F Dock Plates $454.21 4264F 5k Diesel Forklifts $676.37 4264F 6000 Lb.Forklift $2,899.58 426-4F 8000 Lb. Forklift $3,138.72 4264F 9,000-10,000 Ib. Forklift $3,713.09 426-4F 15,000 Ib.Forklift $8,006.94 4264F 25,000-35,000 Lb.Forklift $14,823.51 4264F 4400 lb Extended Reach Forklift $1,892.12 ROUGH TERRAIN FORKLIFTS 4264F Straight Mast $987.35 426-4F 5K Extended Reach Forklift $1,297.45 4264F 6K Extended Reach Forklift $1,675.87 4264F 8K Extended Reach Forklift $1,600.19 426-4F 9K Extended Reach Forklift $1,838.06 4264F 10K Extended Reach Forklift $2,108.36 426-41' Forklift Propane Tank w/o fuel $12.97 426-417 Portable Loading Dock,20 X 20'w/ramp and stairs $1,325.76 MATERIALS HANDLING EQUIPMENT(MHE)NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel. Rental Rates Only-Transportation rates from to pt.of origin and/or pt.of delivery and/or point of use are not included. Customer is responsible for any/all fuel,personnel and transportation costs. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. SIN Product Description GSA Price Weekly Rate SCHEDULE E—HEAVY EQUIPMENT FUEL TANKS: 4264F 1000 Gallon Fuel Tank $1,892.12 426-4F 2000 Gallon Fuel Tank $1,750.21 LOADERS: 4264F 1/2 yard $1,062.29 4264F 3/4 yard $994.71 4264F 1 yard $1,027.15 4264F 21/2 yard $2,063.76 4264F 2 3/4 yard $2,063.76 SKID-STEERS: 426-417 1750 Lb. $767.66 4264F 2400 Lb. $1,215.01 Contract No GS-07F-0403X 10 Modification PO-0012,dated March 23,2016 Page 5 of 13 .*G4RNER The Emergency Response Company SIN Product Description GSA Price Weekly Rate 4264F 1900 Lb.Track $1,297.45 SKID ATTACHMENTS: 4264F Grapple $260.84 426-4F Forks $151.37 4264F Sweeper $260.84 OTHER HEAVY EQUIPMENT: 426-417 Single Smooth Drum Vibratory Roller $1,489.37 4264F D3 Cat Small Track-Type Tractor $1,717.77 426-4F D4 Cat Small Track-Type Tractor $2,077.27 4264F D5 Cat Small Track-Type Tractor $2,277.30 4264F D6 Cat Medium Track-Type Tractor $3,378.78 426-4F Ditch/Trench Digger $1,215.01 4264F Large Excavator $3,378.78 HEAVY EQUIPMENT NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel. Rental Rates Only-Transportation rates from to pt,of origin and/or pt.of delivery and/or point of use are not included. Customer is responsible for any/all fuel,personnel and transportation costs. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. SIN Description GSA GSA Weekly GSA Mobilization Price Demobilization Price Price SCHEDULE—F EQUIPMENT SERVICES&DISASTER RESPONSE BASE CAMPS 426-4F NIMS TYPE 11000 Person Base Camp $546,244.39 $1,441,154.38 $444,575.60 426-417 NIMS TYPE 0 750 Person Base Camp $508,515.60 $1,169,241.11 $413,659.78 4264F NIMS TYPE 111 500 Person Base Camp $375,334.97 $800,889.40 $306,847.13 4264F NIMS TYPE IV 250 Person Base Camp $305,244.24 $513,202.64 $249,416.01 KITCHEN SERVICES: 4264F NIMS TYPE 11000 Person Kitchen/Meals $185,540.88 $466,447.11 $131,188.50 4264F NIMS TYPE 11 750 Person Kitchen/Meals $179,699.65 $402,761.19 $130,669.52 4264F NIMS TYPE 111 500 Person Kitchen/Meals $132,481,90 $285,843.30 $95,980.28 426-4F NIMS TYPE IV 250 Person Kitchen/Meals $110,890.15 $193,676.98 $83,891.01 SHOWER SERVICES: 426-4F NIMS TYPE 11000 Person Showers $30,246.82 $173,262.40 $37,784.20 4264F NIMS TYPE 11 750 Person Showers $24,582.64 $149,906.93 $28,783.14 426-4F NIMS TYPE 111500 Person Showers $18,959.00 $89,214.61 $21,989.09 4264F NIMS TYPE IV 250 Person Showers $18,959.00 $65,859.15 $18,653.56 LAUNDRY SERVICES: 426-4F NIMS TYPE 11000 Person Laundries $82,671.95 $237,551.09 $67,779.64 4264F NIMS TYPE 11 750 Person Laundries $66,318.66 $184,802.96 $53,313.07 4264F NIMS TYPE 111500 Person Laundries $48,184.08 $124,111.99 $39,273.57 4264F NIMS TYPE IV 250 Person Laundries $36,884.10 $74,919.68 $29,692.70 Contract No. GS-07F-0403X I I Modification PO-0012,dated March 23,2016 Page 6 of 13 *CURMER The Emergency Response company SIN Product Description GSA Price Weekly Rate SCHEDULE-G CIVIL SUPPORT 426-4F Portable Storage Containers $320.91 426-41F Tent, 10'x10' 242.21 426-4F Tent,20'X 20' $463.84 426-4F Tent,40'X 40' 2,108.31 426-41F Tent, 10'X 10'Pop-Up $291.23 426-4F Tent, 10'X 15'Pap-Up $380.15 426-4F Chairs-folding $8.11 426-41F 6'Table-folding $20.27 426-4F 8'Table-folding $27.03 426-4F 50'String Lighting $96.98 4264F 100'String Lighting $185.27 426-4F Power Distro-Spider Box $162.92 426-4F 24"portable fans on stands $172.80 4264F 48"2-speed warehouse fan $167.59 426-4F Tents-30'x 90'x 7' $2,691.61 4264F Tents-30'x 60'x 7' $1,869.29 4264F Tent,60'x 100'x 7' $6,870.89 SIN Product Description GSA Price Per Case HeaterMeals Self-Heating Entrees wlup to 2 year shelf life 4264F 1-Pallet=70 Twelve Count Cases 840 meals HM Entrees $61.22 4264F 2-Pallets=140 Twelve Count Cases 1680 meals HM Entrees $58.56 4264F Wallets=210 Twelve Count Cases 2520 meals HM Entrees $58.56 426-4F 5-Pallets=350 Twelve Count Cases $55.74 426-4F Greater than 5 Pallets HM Entrees $53.90 HeaterMeals Plus Full Course Meal Kits w/up to 1 year shelf life 426-41F 50 Twelve Count Cases / 1-Pallet $103.81 426-4F 100 Twelve Count Cases/ 2-Pallets $101.32 426-4F 200 Twelve Count Cases / 4-Pallets $101.32 426-4F 350 Twelve Count Cases f 7-Pallets $98.48 4264F Greater than 7 Pallets HM Plus Meal Kits I F-- $98.48 SIN Product Description GSA Price Per Case Heater Meals EX Self-Heating Entrees w1up to 5 yr.shelf-life 4264F 1-Pallet=60 Twelve Count Cases(720 meals)HM EX Entrees $63.22 4264F 2-Pallets=120 Twelve Count Cases(1440 meals)HM EX $60.38 Entrees 4264F 3-Pallets=180 Twelve Count Cases(2160 meals)HM EX $57.56 Entrees 426-4F 6-Pallets=360 Twelve Count Cases(4320 meals)HM EX $55.57 Entrees 4264F Greater than 6 Pallets HM EX Entrees $55.57 Contract No. GS-07F-0403X 12 Modification PO-0012,dated March 23,2016 Page 7 of 13 *(URAFER The Emergency Response Company SIN Product Description GSA Price Per Case Heater Meals 3 Full Course Meal Kits w/up to 3 yr.shelf life 4264F 50 Twelve Count Cases / 1-Pallet $74.69 4264F 100 Twelve Count Cases/ 2-Pallets $72,37 4264F 200 Twelve Count Cases 1 4-Pallets $72.37 4264F 350 Twelve Count Cases/7-Pallets $70.54 426-4F 600 Twelve Count Cases / 12-Pallets $70.54 4264F 1200 Twelve Count Cases/24-Pallets $68.21 4264F Greater than 24 Pallets HM 3 Kits $68.21 Cafe2Go Self-Heating Beverage Kits w/up to 1.5 yr.shelf life 426-4F 18 Six Count Cases / 1-Pallet $140.74 4264F 36 Six Count Cases / 2-Pallets $133.25 4264F 54 Six Count Cases / 3-Pallets $124.69 426-4F Greater than 3 Pallets Cafe2Go Beverage Kit $124.69 Cafe2Go Self-Heating SOUP Kits w/up to 1.5 yr shelf-life 426-4F 18 Six Count Cases/ 1-Pallet Cafe2Go Soup Kits $205.12 426-4F 36 Six Count Cases/2-Pallet Cafe2Go Soup Kits $194.64 4264F 54 Six Count Cases/ 3-Pallet Cafe2Go Soup Kits $182.66 426-4F Greater than 3 Pallets Cafe2Go Soup Kits $182.66 SIN Product Description GSA Price Per Bag Ice 426-4F Ice 8 Ib Bag $3.24 SIN Product Description GSA Price Per Case Bottled Water 4264F 24 count 16.9 oz per Bottle/Case $8.15 SIN Product Description GSA Price Weekly Rate Type 1(1000)Person Portalet Package 426-4F 100 Standard Restrooms $61,493.77 426-4F 4 Wheelchair Accessible $5,108.71 4264F 30 Station Sink $35,477.17 4264F 100 Daily Service Fees - 4264F 30 Daily Sink Service Fees - 426-4F 5%Fuel Surcharge+Tax -- Type 11(750)Person Portalet Package 4264F 75 Standard Restrooms $46,120.32 4264F 4 Wheel Chair Accessible $5,108.71 4264F 22 Station Sinks $26,016.59 4264F 75 Daily Service Fees - 426-4F 22 Daily Sink Service Fees 4264F 5%Fuel Surcharge+Tax Type III(500)Person Portalet Package 4264F 50 Standard Restrooms $30,746.88 4264F 2 Wheel Chair Accessible $2,554.36 Contract No. GS-07F-0403X 13 Modification PO-0012,dated March 23,2016 Page 8 of 13 -*G4RIVER The Emergency Response Company SIN Product Description GSA Price Weekly Rate 4264F 15 Station Sinks $17,738.59 426-417 50 Daily Service Fees 4264F 15 Daily Sink Service Fees - 426-4F 5%Fuel Surcharge+Tax Type IV(250) Person Portalet Package 426-4F 25 Standard Restrooms $15,373.44 4264F 1 Wheel Chair Accessible $1,277.18 426-4F 7 Station Sinks $8,278.01 4264F 25 Daily Service Fees - 426-4F 7 Daily Sink Service Fees - 4264F 5%Fuel Surcharge+Tax Type V(100)Person Portalet Package 4264F 10 Standard Restrooms $6,149.38 4264F 1 Wheel Chair Accessible $1,277.18 426-4F 10 Daily Service Fees - 4264F 7 Daily Sink Service Fees - 4264F 5%Fuel Surcharge+Tax CIVIL SUPPORT NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel. Pricing is all-inclusive including transportation,personnel,expendable commodities,food,etc. Grey&Black Water Disposal not included Additional Service Fee(If Applicable) Hand Sanitizers @$15.00 per unit per week. Daily service of all Portalet packages is included. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. SIN Product Description GSA Price Weekly Rate SCHEDULE H-TRANSPORTATION EQUIPMENT/PERSONNEL 4264F Power Only Truck $14,190.87 4264F RollBacks-Equipment local short-haul $12,337.63 4264F Equipment Service Vehicle $2,081.33 426-4F Bobtail Fuel Truck&Driver(Fuel,Lube Truck or Transport)Does $56,763.48 not include Fuel 426-4F Fuel Truck&Trailer Combo(Less than 2000 gallons)Does not $56,763.48 include Fuel 4264F Fuel Trailer w/Attendant(Trailer Dropped,8500 gallons with $56,763.48 um s)Gasoline&Diesel;Does not include Fuel 426-41' Fuel Tank on Trailer;6,000 gallon;Diesel Only;4 pumps and Spill $56,763.48 Kit with Attendant ISO Unit);Does not include Fuel 4264F Dry Van $5,179.67 4264F Reefer Trailer $1,658.84 4264F Drop Deck Trailer $14,190.87 Contract No. CiS-07F-0403X 14 Modification PO-0012,dated March 23,2016 Page 9 of 13 .#GARNER The Emergency Response Company SIN Product Description GSA Price Weekly Rate 426-4F Removable Drop Deck(RGN) $17,029.04 4264F Double Drop Trailer $14,190.87 4264F Flat Bed Trailer $6,622.41 426-4F Low Boy Trailer $14,190.87 426-4F Water Trailer 300 Gal $362.21 4264F 60 Ton Landall Trailer $16,584.24 4264F 26'Straight Truck w/lift gate and driver $14,190.R- 426-4F Water truck(non-potable)W1 operator $32,999.46 426-4F Variable Message Boards,trailered,solar powered $2,301.64 426-417 Traffic Barricades,folding $89.85 426-4F Traffic Cones $18.66 426-4F Traffic Barriers,8' $18.66 426-4F Traffic Barricades,Barrel $48.38 426-4F Barricades,Jersey-Composite $186.62 TRANSPORTATION SERVICES NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel. Pricing excludes fuel,personnel,and transportation costs,unless otherwise noted. Transportation mileage rates may vary based on region of equipment FOB. Jurisdictional and/or Federal fees will apply unless waved. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. SIN Description GSA Price Per Hour SCHEDULE I-PROJECT SUPPORT PERSONNEL INCIDENT COMMAND SUPPORT 4264F Information Officer $148.11 4264F Safety /Security Officer $148.11 4264F Liaison Officer $148.11 OPERATIONS SECTION 426-4F Operations Section Chief $148.11 426-41' 1 Staging Areas Manager $133.30 426-417 Air Operations Branch Director $133.30 4264F Air Support Group Supervisor $133.30 4264F Air Tactical Group Supervisor $133.30 4264F Branch Director $133.30 426-417 Divisions/Groups Supervisor $133.30 4264F Strike Force/Teams Leader $133.30 4264F Single Resource Leader $133.30 426-4F Military Support Liaison $133.30 PLANNING SECTION 4264F Planning Section Chief $148.11 4264F Resource Unit Leader $133.30 Contract No. GS-07F-0403X 15 Modification PO-0012,dated March 23,2016 Page 10 of 13 *G4RAWR The Emergency Response Company SIN Description GSA Price Per Hour 426-4F Status Recorder $133.30 426-4F Situation Unit Leader $133.30 426-4F Documentation Unit Leader $133.30 426-4F Demobilization Unit Leader $133.30 4264F Environmental Unit Leader $133.30 4264F Documentation Clerk $133.30 4264F Field Observers $133.30 426-4F Technical Specialists Leader $133.30 LOGISTICS SECTION 4264F Logistics Section Chief $148.11 426-4F Service Branch Director $133.30 4264F Support Branch Director $133.30 426-4F Communications Unit Leader $133.30 426-4F Medical Unit Leader $133.30 4264F Food Unit Leader $133,30 426-4F Supply Unit Leader $133,30 426-4F Facilities Unit Leader $133.30 4264F Ground Support Unit Leader $133.30 426-4F Ordering Manager $133.30 4264F Receiving&Distribution Manager $133.30 4264F Security Manager $133.30 426-4F Camp Manager $133.30 426-4F Base Manager $133.30 426-4F Ground Support Unit Leader $133.30 426-4F Vessel Support Unit Leader $133.30 4264F Equipment Manager $133.30 FINANCE/ADMINISTRATION SECTION 4264F Finance/Admin Section Chief $148.11 426-4F Time Unit Leader $133.30 426-4F Cost Unit Leader $133.30 426-4F Procurement Unit Leader $133.30 426-4F Personnel Time Recorder $133.30 426-4F Resource Support Team Leader $133.30 426-4F Energy Team Coordinator(Generator) $133.30 426-4F Transportation Coordinator $133.30 426-4F Public Works Coordinator(Pumps&Light Tower) $133.30 426-4F Equipment Time Recorder $133.30 Contract No. GS-07F-0403X 16 Modification PO-0012,dated March 23,2016 Page 11 of 13 .*GARNER The Emergency Response Company SIN Product Description GSA Price Hourly Rate SCHEDULE J LSA PROJECT PERSONNEL SUPPORT: LSA POD Personnel 426-4F Incident Management Team Leader $148.11 4264F Project/Operations Manager $133.30 4264F Project/Operations Task Leader $123.43 426-4F Hazardous Material Technical Specialist $117.25 4264F Waste Management Specialist $117.25 4264F POD Team Leader $117.25 426-4F Project Administrator $74.06 4264F Project Supervisor $133.30 4264F Warehouse Supervisor $117.25 426-4F Project Field Clerk $49.37 426-4F LSA,Warehouse and General Labor(Non Union) $59.24 426-4F Resource Supervisor $117.25 4264F Resource Technician $117.25 4264F GIS Data Liaison $133.30 426-4F Resource/Equipment Operator(Includes Forklift Operator(Non $117.25 Union) 4264F Electrician $117.25 426-4F Security $78.99 426-4F Per Diem CONUS 4264F Personal Airfare LSA PROJECT PERSONNEL SUPPORT NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel. Command Center is for customer personnel,Garner Project Personnel,required for Orbitrax Support and all IT/Cells. Orbitrax Support is required for all physical equipment to prevent equipment losses and customer chargebacks. Hourly wages are for straight-time only;overtime and double-time will be applied if required. Hourly wages will be assessed at no less than twelve(12)hours per day;per person-seven(7)days a week. Federal Holidays are billed at the Double Time Rate. All personnel will be paid IAW regional prevailing wages in accordance with Davis-Bacon and/or SCA where applicable, Airfare is a factor of total personnel minus required personnel/service vehicles. LSA Project Equipment does not include MOB/DEMOB. Travel-Lodging and Per Diem will be charged at CONUS rate for any/all work more than 50 miles from employee's normally assigned Garner office. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. Contract No. GS-07F-0403X 17 Modification PO-0012,dated March 23,2016 Page 12 of 13 *GWRNER The Emergency Response Company SIN LSA SUPPORT EQUIPMENT GSA Price Weekly Rate 4264F Mobile Command Post w/communications $12,342.57 4264F Response Vehicle (Per Vehicle) $1,123.17 4264F 4-Wheelers(i.e.,Rhino) $1,351.51 4264F LSA Orbitrax Trailer $9,874.06 4264F Orbitrax $108.12 4264F Orbitrax Per Messaging $0.27 4264F Orbitrax Report $108.12 LSA SUPPORT EQUIPMENT NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel. Command Center is for customer personnel,Garner Project Personnel,required for Orbitrax Support and all IT/Cells. Orbitrax Support is required for all physical equipment to prevent equipment losses and customer chargebacks. Hourly wages are for straight-time only;overtime and double-time will be applied if required. Hourly wages will be assessed at no less than twelve(12)hours per day;per person-seven(7)days a week. Federal Holidays are billed at the Double Time Rate. All personnel will be paid IAW regional prevailing wages in accordance with Davis-Bacon and/or SCA where applicable. Airfare is a factor of total personnel minus required personnel/service vehicles. LSA Project Equipment does not include MOB/DEMOB. Travel-Lodging and Per Diem will be charged at CONUS rate for any/all work more than 50 miles from employee's normally assigned Garner office. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. ANSMSO DOCUMENT FOR FREIGHT CONTAINERS 1496-1 Series 1 Freight Containers-Specifications and Testing-Part 1: General Cargo Containers for General Purposes 1496-2 Series 1 Freight Containers-Specifications and Testing-Part 2: Thermal Containers 1496-3 Series 1 Freight Containers-Specifications and Testing-Part 3: Tank Containers for Liquids,Gases,and Pressurized Dry Bulk 1496-4 Series 1 Freight Containers-Specifications and Testing-Part 4: Non-Pressurized Container for Dry Bulk 1496-5 Series 1 Freight Containers-Specifications and Testing-Part 5: Platform and Platform Based Containers 1496-6 Series 1 Freight Containers-Specifications and Testing-Part 6: International Cargo-Security Devices 668 Series 1 Freight Containers-Classification and Dimensions,and Ratings 830 Freight Containers-Terminology 2308 Hooks for Lifting Containers up to 30 Tons Capacity-Basic Requirements 1161 Series 1 Freight Containers-Corner Fittings,Specifications 3874 Series 1 Freight Containers 6346 Series 1 Freight Containers-Coding,Identification,and Marketing 9897 Freight Containers-Container Equipment Data Exchange Contract No. GS-07F-0403X 18 Modification PO-0012,dated March 23,2016 Page 13 of 13 SC 0 > SERVICE AGREEMENT NO. 1369 U Emergency or Disaster Response Services bO RPOR Af� 1852 THIS Emergency or Disaster Response Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Garner Environmental Services, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Emergency or Disaster REsponse 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 Emergency or Disaster Response 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 48 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 200,000, 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 Billy Delgado Fire Department 361 .826.1 106 BillyD@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: Billy Delgado Emergency Management Coordinator 2406 Leopard Street, Corpus Christi, Texas 78408 361 .826.1 106 Fax: 361 .826.3971 IF TO CONTRACTOR: Garner Environmental Services, Inc. Attn: Kenneth Hayes Program Manager 1717 West 13th Street, Deer Park, Texas 77536 281 .930.1200 Fax: 281 .478.0296 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits), B. its attachments, Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: Title: Date: CITY 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 1 . Contractor to secure the City with the required equipment and services on an as-needed basis in the event of an emergency or disaster. 2. Rental rates shall be priced weekly. 3. Contractor shall deliver to destination within the number of calendar days after receipt of order (ARO), as set forth: a. Delivery Time (Days ARO) 10 days ARO b. Expedited Delivery: Negotiate between Contractor and City. Page 1 of 1 Attachment B: Bid/Pricing Schedule IkGARNER The Emergency Response Company Garner Environmental Services, Inc. 1717 West 13th Street Deer Park, TX 77536 Phone: 281-930-1200/ Fax: 281-478-0296 E-mail: khaYesC@_qarner-es.com Internet: http://www.garner-es.com Business Size: Large Business Federal Supply Schedule 084 Law Enforcement, Security, Facilities Management, Fire, Rescue, Special Purpose Clothing, Marine Craft and Emergency/Disaster Response FSC Class: R414 Authorized Pricelist GS-07F-0403X Advantage! R wwwgsaAdvantage.gav This Schedule Contract Pricehst inchrdes Modifications through NumberPO-0012,dated Match 23.2016. Page 1 of 19 *GARNER The Emergency Response Company GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG/PRICE LIST General Description Garner Environmental Services, Inc. (Garner Environmental) established in 1981, is a full- service environmental company offering emergency response for oil spills and hazardous materials, soil remediation,vacuum truck services, roll-off equipment rental and transportation, as well as disaster response for natural and man-made disasters. Other services offered are training,industrial hygiene consultation, cleaning services for oil and chemical storage tanks, retention ponds,pipelines, storm drains and sewers lines, vessels drilling rigs,piers,wharves, docks,and other harbor facilities. In addition to the services mentioned above,Garner Environmental also offers chandler services and product supplies for production and drilling platforms, offshore and inshore vessels and the petrochemical industry. Garner Environmental brings over 500 cumulative years of experience and expertise to the oil and chemical industry in these specialized fields of endeavor. Garner Environmental is a certified Oil Spill Response Organization(OSRO),by the United States Coast Guard and as a Discharge Cleanup Organization(DCO)by the Texas General Land Office as related to the Oil Pollution Act of 1990. Contract Number: GS-07F-0403X Period Covered by Contract: April 1, 2011 —March 31, 2021 For more information on orderingfi•om Federal Acquisition Schedules,click on the FSS Schedules button at htta:;%int n.&s.esa.Qor. General Services Administration Federal Acquisition Service Online access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!, a menu- driving s database system. Agencies can access GSA Advantage! via the Internet at htto://www.GSAAdvantage.gov CONTENTS 1 CUSTOMER INFORMATION ....................................................................................................2 2 SCHEDULE PRICELIST............................................................................................................6 Contract No. GS-07F-0403X i Modification PO-0012,dated March 23,2016 Page 2 of 19 The Emergency Response Company 1 CUSTOMER INFORMATION 1. SPECIAL ITEM NUMBERS (SINS): a. Table of awarded SINs SIN 426-417 Emergency Preparedness and First Responder Equipment,Training and Services (Includes but not limited to Continuance of Operations Planning (COOP)services,decontamination kits and showers, mass casualty containment trailers,survival/disaster and rapid deployment kits,hazardous material detection equipment and clothing,and emergency response training. b. Lowest priced model number and price for each SIN. SIN Model Price SIN 4264F ORBITRAX Per Message $0.27 c. Hourly rates: $5.92 2. MAXIMUM ORDER GUIDELINE The maximum order threshold is $200,000 for SIN 426-41'. The maximum order is a dollar amount at which it is suggested that the ordering agency request higher discounts from the contractor before issuing the order. The contractor may: 1) Offer a new lower price 2) Offer the lowest price available under the contract 3) Decline the order within five(5) days. In accordance with the Maximum Order provisions contained in the Schedule, a delivery order may be placed against the Schedule contract even though it exceeds the maximum order. 3. MINIMUM ORDER: None 4. GEOGRAPHIC COVERAGE: The 48 contiguous states,Alaska,Hawaii, Puerto Rico, Washington DC, and U.S. territories 5. POINT(S) OF PRODUCTION: None: (Professional Training and Equipment rentals only) 6. Prices shown are NET Prices; Basic Discounts have been deducted. Contract No. GS-07F-0403X 2 Modification PO-0012,dated March 23,2016 Page 3 of 19 *GARNER The Emergency Response Company 7. DISCOUNTS: a. Quantity--None b. Dollar Volume--None S. PROMPT PAYMENT TERMS: Net 30 days. 9. GOVERNMENT PURCHASE CARDS: a. Contractors are required to accept credit cards for payments equal to or less than the micro-purchase threshold for oral or written delivery orders. b. Credit cards are acceptable for payment at or above the micro-purchase threshold. In addition, bank account information for wire transfer payments will be shown on the invoice. 10. FOREIGN ITEMS: Not applicable. 11. DELIVERY SCHEDULE: a. TIME OF DELIVERY: The Contractor shall deliver to destination within the number of calendar days after receipt of order(ARO), as set forth below: SPECIAL ITEM NUMBERS DELIVERY TIME(DAYS ARO) SIN 4264F 10 days ARO b. EXPEDITED DELIVERY: As negotiated between Garner and Ordering Activity. C. OVERNIGHT and TWO-DAY DELIVERY: As negotiated between Garner and Ordering Activity. d. URGENT REQUIREMENTS: As negotiated between Garner and Ordering Activity. 12. FOB: Origin(Shipping/Transportation cost for equipment only) *Travel costs will be in compliance with the Federal Travel Regulation(FTR)or the Joint Travel Regulation(JTR) 13. ORDERING INFORMATION: a. Agencies should address all orders to the following address: Garner Environmental Services,Inc. 1717 West 13th Street Deer Park, TX 77536 Kenneth Hayes,Program Manager khayes earner-es.com Contract No. GS-07F-0403X 3 Modification PO-0012,dated March 23,2016 Page 4 of 19 *GARiVER The Emergency Response Company b. For supplies and services, the order procedures, information on Blanket Purchase Agreements(BPA's) are found in Federal Acquisition Regulation (FAR) 8.405-3. 14. PAYMENT INFORMATION: a. Agencies should address all payments to the following address: Garner Environmental Services, Inc. 1717 West 13th Street Deer Park, TX 77536 15. WARRANTY PROVISION: None(Services only) Restocking Fee/Cancellation Policy:None(Services only) 16. EXPORT PACKING CHARGES: Not applicable. 17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE ABOVE THE MICROPURCHASE THRESHOLD 552.232-77 PAYMENT BY GOVERNMENT COMMERCIAL PURCHASE CARD (MAR 2000) (ALTERNATE I—MAR 2000) (a) Definitions. "Government-wide commercial ptcrchase card"means a uniquely numbered credit card issued by a contractor under GSA's Government-wide Contract for Fleet,Travel, and purchase Card Services to named individual Government employees or entities to pay for official Government purchases. "Oral order"means an order placed orally either in person or by telephone. (b) The Contractor must accept the Government-wide commercial purchase card for payments equal to or less than the micro-purchase threshold(see Federal Acquisition Regulation 2.101) for oral or written orders under this contract. (c) The Contractor and the ordering agency may agree to use the Government-wide commercial purchase card for dollar amounts over the micro-purchase threshold, and the Government encourages the Contractor to accept payment by the purchase card. The dollar value of a purchase card action must not exceed the ordering agency's established limit. If the Contractor will not accept payment by the purchase card for an order exceeding the micro-purchase threshold, the Contractor must so advise the ordering agency within 24 hours of receipt of the order. (d) The Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased supplies have been shipped or services performed. Unless the cardholder requests correction or replacement of a Contract No. GS-07F-0403X 4 Modification PO-0012,dated March 23,2016 Page 5 of 19 -#a4RNER The Emergency Response Company defective or faulty item under other contract requirements, the Contractor must immediately credit a cardholder's account for items returned as defective or faulty. (e) Payments made using the Government-wide commercial purchase card are not eligible for any negotiated prompt payment discount. Payment made using a Government debit card will receive the applicable prompt payment discount. 18. TERMS AND CONDITIONS OF RENTAL,MAINTENENACE,AND REPAIR: Not applicable. 19. TERMS AND CONDITIONS OF INSTALLATION: Not applicable. 20. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS AND ANY DISCOUNSTS FROM LIST PRICES: Not applicable. 20a. TERMS AND CONDITIONS FOR ANY OTHER SERVICES: Not applicable. 21. SERVICE AND DISTRIBUTION POINTS: Not applicable. 22. PARTICIPATING DEALERS: Not applicable. 23. PREVENTATIVE MAINTENANCE: Not applicable. 24a. ENVIRONMENTAL ATTRIBUTES: Not applicable. 24b. SECTION 508 COMPLIANCE: Not applicable. 25. DATA UNIVERSAL NUMBERING SYSTEM(DUNS) NUMBER: 053554531 26. Contractor HAS registered with the System for Award Management. Registration valid until 10/22/2013. Contract No. GS-07F-0403X 5 Modification PO-0012,dated March 23,3016 Page 6 of 19 .*GARNER The Emergency Response Company 2. GSA SCHEDULE PRICELIST SIN Product Description GSA Price Weekly Rate SCHEDULE A-POWER GENERATION 4264F 20KW Generator $1,148.78 426-4F 25KF Generators $1,148.78 4264F 30KW Generators $1,234.26 426-417 35KW Generators $1,362.32 4264F 36KW Generators $1,362.32 426-4F 40KW Generators $1,621.81 4264F 45KW Generators $1,621.81 4264F 48KW Generators $1,621.81 4264F 50KW Generators $1,621.81 4264F 56KW Generators $1,621.81 4264F 60KW Generators $1,675.87 426-4F 70KW Generators $2,027.27 426-4F 75KW Generators $2,027.27 426-4F 80KW Generators $2,219.87 4264F 90KW Generators $2,333.52 426-4F 10OKW Generators $2,289.29 4264F 125KW Generators $2,838.18 426-4F 150KW Generators $2,838.18 426-4F 174KW Generators $2,957.38 4264F 175KW Generators $2,957.38 4264F 176KW Generators $2,957.38 4264F 180KW Generators $3,107.81 4264F 20OKW Generators $3,088.20 426-417 225KW Generators $3,649.09 4264F 240KW Generators $3,649.08 426-4F 25OKW Generators $3,649.08 426-4F 300 KW Generators $3,768.02 4264F 320KW Generators $3,768.01 426-4F 35OKW Generators $4,298.63 4264F 40OKW Generators $5,287.56 426-4F 450KW Generators $5,287,56 4264F 48OKW Generators $5,789.87 426-4F 50OKW Generators $5,789.87 4264F 550KW Generators $6,206.14 4264F 575KW Generators $6,461.31 426-4F 60OKW Generators $7,427.76 4264F 640KW Generators $7,427.76 426-4F 675KW Generators $7,589.45 4264F 728KW Generators $7,589.45 426-4F 750KW Generators $7,589.45 426-4F 80OKW Generators $8,310.44 4264F 85OKW Generators $9,517.36 426-4F 100OKW Generators $9,517.36 Contract No. GS-07F-0403X 6 Modification PO-0012,dated March 23,2016 Page 7 of 19 *GARNER The Emergency Response Company SIN Product Description GSA Price Weekly Rate 4264F 120OKW Generators $13,325.04 426-4F 1250KW Generators $13,325.04 426-4F 140OKW Generators $14,590.91 426-4F 150OKW Generators $15,174.56 4264F 160OKW Generators $15,515.35 426-417 175OKW Generators $16,616.14 4264F 2000KW Generators $17,742.64 4264F 45 kVA Transformer $324.36 426-4F 75 kVA Transformer $432.48 426-4F 100 kVA Transformer $651.43 426-417 150 kVA Transformer $651.43 426-4F 225 kVA Transformer $867.67 4264F 300 kVA Transformer $1,589.38 4264F 400 kVA Transformer $2,112.41 4264F 500 kVA Transformer $2,112.41 426-4F 750 kVA Transformer $2,448.94 4264F 1000 kVA Transformer $2,871.96 4264F 1500 kVA Transformer $3,796.40 426-4F 2000 kVA Transformer $4,476.21 426-4F 600 Amp Line Panel $756.85 4264F 800 Amp Line Panel $994.71 4264F 1200 Amp Line Panel $1,492.07 426-41F 4000 Watt Generated Light Plant $513.57 4264F Power Distribution Box(Spider Boxes $493.70 4264F Spider Boxes 400 $767.66 4264F Spider Boxes 800 $993.36 426-4F Power Distribution Box(Spider Box with 50ft cable $640.83 4264F Pigtails-4/0 Male&Female Camlock Connectors $59.24 4264F Power Cord,50' Extension Cord $29.62 426-4F Generator Cable price per foot $2.47 POWER GENERATOR NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 days constitutes a week on equipment;7 days constitutes a week on personnel. Rental Rates Only-Transportation rates from to point of origin and/or point of delivery and/or point of use are not included. Customer is responsible for any/all fuel,personnel and transportation costs associated with project. Fuel will be determined by load and charged IAW and associated to the Task Order at that time. Minimum of(2)electricians are required per site assessment and installation. GPS units are required for each generator and charged per rate schedule. (Messaging not included) Any items requested of GESI not appearing within these rates will be billed at the invoiced amount plus a 15%handling fee. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. Contract No. GS-07F-0403X 7 Modification PO-0012,dated March 23,2016 Page 8 of 19 -*GARMER The Emergency Response Company SIN Product Description GSA Price Weekly Rate SCHEDULE B-PUMPS&HOSES 426-4F 2"x 2"Diesel Pump $778.47 4264F 3"x 3"Diesel Pump $1,431.25 426-4F 4"Diesel Pump $810.91 426-4F 6"Diesel Pump $1,405.57 426-4F 8"Diesel Pump $1,778.93 4264F 10"Diesel Pump $2,025.24 426-41F 12"Diesel Pump $2,757.19 4264F 16"Diesel Pump $7,027.86 4264F 18"Diesel Pump Dsl Flg w/QD $10,509.35 4264F 24"Diesel Pump $13,969.22 426-4F 2"Suction Discharge Hose 50'Section $94.61 4264F 3"Suction Discharge Hose 50'Section $70.28 4264F 4"Suction Discharge Hose 50'Section $100.72 426-4F 6"Suction Discharge Hose 50'Section $124.34 4264F 8"Suction Discharge Hose 50'Section $248.14 4264F 10"Suction Discharge Hose 50'Section $383.15 4264F 12"Suction Discharge Hose 50'Section $401.40 4264F 6"Vacuum Assist Pump $2,128.63 426-41F 12"Vacuum Assist Pump $2,898.99 426-4F 3 Inch Submersible Hydraulic Pump $749.48 4264F 4 Inch Submersible Hydraulic Pump $1,283.63 4264F 6 Inch Submersible Hydraulic Pump $1,732.90 4264F 8 inch Submersible Hydraulic Pump $2,310.53 4264F 12 Inch Submersible Hydraulic Pump $4,120.44 4264F 8"Bauer Pipe,10'section $53.91 4264F 12"Bauer Pipe, 10'section $53.91 426-4F 4"Strain ers/T-Joints(Elbows $47.40 4264F 6"Strainers(T-Joints/Elbows $64.18 4264F 8"Strainers/T-Joints(Elbows $67.58 426-4F 3"Sub-Dewater 5hp 460v $343.37 426-4F 4"Sub-Dewater 10ph 460v $386.37 426-4F 6"Sub-Dewater 35hp 460v $617.76 426-4F 8"Sub-Dewater 95hp 460v $1,339.78 4264F 4"Sub-Trash 20hp 460v $430.02 4264F 6"Sub-Trash 40hp 460v $617.75 426-417 8"Sub-Trash 70hp 460v $1,339.79 4264F 3"Suction Hose-20' $56.16 426-417 4"Suction Hose-20' $72.21 426-4F 6"Suction Hose-20' $72.21 426-417 8"Suction Hose-20' $160.45 426-4F 10"Suction Hose-20' $202.73 4264F 12"Suction Hose-10' $160.45 426-4F 6"to 18"Pipe Fusion Machine $3,311.20 4264F 12"to 36"Track Mounted Fusion Machine $11,352.70 Contract No. GS-07F-0403X 8 Modification PO-0012,dated March 23,2016 Page 9 of 19 *GARNER The Emergency Response Company PUMPS AND HOSES NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel. Rental Rates Only-Transportation rates to and from point of origin and/or point of delivery and/or point of use are not included. Customer is responsible for any/all fuel,personnel and transportation costs Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. SIN Product Description JTGSA Price Daily GSA Price Rate I Weekly Rate SCHEDULE C—ENVIRONMENTAL CONTROLS 426-4F 5-Ton Air Conditioner Unit N/A $1,148.78 426-4F 10-Ton Air Conditioner Unit N/A $1,405.57 426-4F 15-Ton Air Conditioner Unit N/A $1,924,55 4264F 20-Ton Air Conditioner Unit N/A $2,024.56 426-4F 25-Ton Air Conditioner Unit N/A $2,169.18 4264F 30-Ton Air Conditioner Unit N/A $2,703.02 426-4F 40-Ton Air Conditioner Unit N/A $4,324.84 4264F 50-Ton Air Conditioner Unit NIA $7,348.17 426-4F 60-Ton Air Conditioner Unit N/A $5,297.92 4264F 75-Ton Air Conditioner Unit NIA $7,568.46 426-4F 80-Ton Air Conditioner Unit N/A $8,649.67 426-4F 100 GPM Pump N/A $778.47 426-4F 200 GPM Pump N/A $778.47 426-4F 300 GPM Pump N/A $852.43 4264F 400 GPM Pump N/A $888.66 4264F 500 GPM Pump N/A $898.54 426-4F 750 GPM Pump N/A $1,621.81 426-4F 800 GPM Pump N/A $1,621.81 4264F 1000 GPM Pump N/A $1,621.81 4264F 1200 GPM Pump N/A $1,444.14 426-4F Polyethylene Pollution Bags(per Roll) $113.53 N/A 4264F Polyethylene Sheeting Per Roll(20'x100'x6 mil) $118.93 N/A 4264F Level A Responder Suit(each) $1,243.39 N/A 4264F Level B Responder Suit(each) $243.27 N/A 426-4F Level 3(CPC 3)PPE(each) $113.53 N/A 4264F Level D PPE(each) $48.65 N/A ENVIRONMENTAL CONTROLS NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel, Rental Rates Only-Transportation rates from to pt.of origin and/or pt.of delivery and/or point of use are not included. Customer is responsible for any/all fuel,personnel and transportation costs. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. Contract No. GS-07F-0403X 9 Modification PO-0012,dated March 23,2016 Page 10 of 19 -*CURNER The Emergency Response Company SIN Product Description GSA Price Weekly Rate SCHEDULE D-MATERIALS HANDLING EQUIPMENT(MHE) 426-4F Forklift Carpet Poles $111.90 4264F Pallet Grabbers w/Chain $40.54 4264F Pallet Jack $111.90 4264F Electric Pallet Jack $318.96 4264F Forklift Loading ramps $923.09 426-4F Dock Plates $454.21 4264F 5k Diesel Forklifts $676.37 4264F 6000 Lb.Forklift $2,899.58 426-4F 8000 Lb. Forklift $3,138.72 4264F 9,000-10,000 Ib. Forklift $3,713.09 426-4F 15,000 Ib.Forklift $8,006.94 4264F 25,000-35,000 Lb.Forklift $14,823.51 4264F 4400 lb Extended Reach Forklift $1,892.12 ROUGH TERRAIN FORKLIFTS 4264F Straight Mast $987.35 426-4F 5K Extended Reach Forklift $1,297.45 4264F 6K Extended Reach Forklift $1,675.87 4264F 8K Extended Reach Forklift $1,600.19 426-4F 9K Extended Reach Forklift $1,838.06 4264F 10K Extended Reach Forklift $2,108.36 426-41' Forklift Propane Tank w/o fuel $12.97 426-417 Portable Loading Dock,20 X 20'w/ramp and stairs $1,325.76 MATERIALS HANDLING EQUIPMENT(MHE)NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel. Rental Rates Only-Transportation rates from to pt.of origin and/or pt.of delivery and/or point of use are not included. Customer is responsible for any/all fuel,personnel and transportation costs. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. SIN Product Description GSA Price Weekly Rate SCHEDULE E—HEAVY EQUIPMENT FUEL TANKS: 4264F 1000 Gallon Fuel Tank $1,892.12 426-4F 2000 Gallon Fuel Tank $1,750.21 LOADERS: 4264F 1/2 yard $1,062.29 4264F 3/4 yard $994.71 4264F 1 yard $1,027.15 4264F 21/2 yard $2,063.76 4264F 2 3/4 yard $2,063.76 SKID-STEERS: 426-417 1750 Lb. $767.66 4264F 2400 Lb. $1,215.01 Contract No GS-07F-0403X 10 Modification PO-0012,dated March 23,2016 Page 1 1 of 19 .*G4RNER The Emergency Response Company SIN Product Description GSA Price Weekly Rate 4264F 1900 Lb.Track $1,297.45 SKID ATTACHMENTS: 4264F Grapple $260.84 426-4F Forks $151.37 4264F Sweeper $260.84 OTHER HEAVY EQUIPMENT: 426-417 Single Smooth Drum Vibratory Roller $1,489.37 4264F D3 Cat Small Track-Type Tractor $1,717.77 426-4F D4 Cat Small Track-Type Tractor $2,077.27 4264F D5 Cat Small Track-Type Tractor $2,277.30 4264F D6 Cat Medium Track-Type Tractor $3,378.78 426-4F Ditch/Trench Digger $1,215.01 4264F Large Excavator $3,378.78 HEAVY EQUIPMENT NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel. Rental Rates Only-Transportation rates from to pt,of origin and/or pt.of delivery and/or point of use are not included. Customer is responsible for any/all fuel,personnel and transportation costs. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. SIN Description GSA GSA Weekly GSA Mobilization Price Demobilization Price Price SCHEDULE—F EQUIPMENT SERVICES&DISASTER RESPONSE BASE CAMPS 426-4F NIMS TYPE 11000 Person Base Camp $546,244.39 $1,441,154.38 $444,575.60 426-417 NIMS TYPE 0 750 Person Base Camp $508,515.60 $1,169,241.11 $413,659.78 4264F NIMS TYPE 111 500 Person Base Camp $375,334.97 $800,889.40 $306,847.13 4264F NIMS TYPE IV 250 Person Base Camp $305,244.24 $513,202.64 $249,416.01 KITCHEN SERVICES: 4264F NIMS TYPE 11000 Person Kitchen/Meals $185,540.88 $466,447.11 $131,188.50 4264F NIMS TYPE 11 750 Person Kitchen/Meals $179,699.65 $402,761.19 $130,669.52 4264F NIMS TYPE 111 500 Person Kitchen/Meals $132,481,90 $285,843.30 $95,980.28 426-4F NIMS TYPE IV 250 Person Kitchen/Meals $110,890.15 $193,676.98 $83,891.01 SHOWER SERVICES: 426-4F NIMS TYPE 11000 Person Showers $30,246.82 $173,262.40 $37,784.20 4264F NIMS TYPE 11 750 Person Showers $24,582.64 $149,906.93 $28,783.14 426-4F NIMS TYPE 111500 Person Showers $18,959.00 $89,214.61 $21,989.09 4264F NIMS TYPE IV 250 Person Showers $18,959.00 $65,859.15 $18,653.56 LAUNDRY SERVICES: 426-4F NIMS TYPE 11000 Person Laundries $82,671.95 $237,551.09 $67,779.64 4264F NIMS TYPE 11 750 Person Laundries $66,318.66 $184,802.96 $53,313.07 4264F NIMS TYPE 111500 Person Laundries $48,184.08 $124,111.99 $39,273.57 4264F NIMS TYPE IV 250 Person Laundries $36,884.10 $74,919.68 $29,692.70 Contract No. GS-07F-0403X I I Modification PO-0012,dated March 23,2016 Page 12 of 19 *CURIVER The Emergency Response company SIN Product Description GSA Price Weekly Rate SCHEDULE-G CIVIL SUPPORT 426-4F Portable Storage Containers $320.91 426-41F Tent, 10'x10' 242.21 426-4F Tent,20'X 20' $463.84 426-4F Tent,40'X 40' 2,108.31 426-41F Tent, 10'X 10'Pop-Up $291.23 426-4F Tent, 10'X 15'Pap-Up $380.15 426-4F Chairs-folding $8.11 426-41F 6'Table-folding $20.27 426-4F 8'Table-folding $27.03 426-4F 50'String Lighting $96.98 4264F 100'String Lighting $185.27 426-4F Power Distro-Spider Box $162.92 426-4F 24"portable fans on stands $172.80 4264F 48"2-speed warehouse fan $167.59 426-4F Tents-30'x 90'x 7' $2,691.61 4264F Tents-30'x 60'x 7' $1,869.29 4264F Tent,60'x 100'x 7' $6,870.89 SIN Product Description GSA Price Per Case HeaterMeals Self-Heating Entrees wlup to 2 year shelf life 4264F 1-Pallet=70 Twelve Count Cases 840 meals HM Entrees $61.22 4264F 2-Pallets=140 Twelve Count Cases 1680 meals HM Entrees $58.56 4264F Wallets=210 Twelve Count Cases 2520 meals HM Entrees $58.56 426-4F 5-Pallets=350 Twelve Count Cases $55.74 426-4F Greater than 5 Pallets HM Entrees $53.90 HeaterMeals Plus Full Course Meal Kits w/up to 1 year shelf life 426-41F 50 Twelve Count Cases / 1-Pallet $103.81 426-4F 100 Twelve Count Cases/ 2-Pallets $101.32 426-4F 200 Twelve Count Cases / 4-Pallets $101.32 426-4F 350 Twelve Count Cases f 7-Pallets $98.48 4264F Greater than 7 Pallets HM Plus Meal Kits I F-- $98.48 SIN Product Description GSA Price Per Case Heater Meals EX Self-Heating Entrees w1up to 5 yr.shelf-life 4264F 1-Pallet=60 Twelve Count Cases(720 meals)HM EX Entrees $63.22 4264F 2-Pallets=120 Twelve Count Cases(1440 meals)HM EX $60.38 Entrees 4264F 3-Pallets=180 Twelve Count Cases(2160 meals)HM EX $57.56 Entrees 426-4F 6-Pallets=360 Twelve Count Cases(4320 meals)HM EX $55.57 Entrees 4264F Greater than 6 Pallets HM EX Entrees $55.57 Contract No. GS-07F-0403X 12 Modification PO-0012,dated March 23,2016 Page 13 of 19 *(URAFER The Emergency Response Company SIN Product Description GSA Price Per Case Heater Meals 3 Full Course Meal Kits w/up to 3 yr.shelf life 4264F 50 Twelve Count Cases / 1-Pallet $74.69 4264F 100 Twelve Count Cases/ 2-Pallets $72,37 4264F 200 Twelve Count Cases 1 4-Pallets $72.37 4264F 350 Twelve Count Cases/7-Pallets $70.54 426-4F 600 Twelve Count Cases / 12-Pallets $70.54 4264F 1200 Twelve Count Cases/24-Pallets $68.21 4264F Greater than 24 Pallets HM 3 Kits $68.21 Cafe2Go Self-Heating Beverage Kits w/up to 1.5 yr.shelf life 426-4F 18 Six Count Cases / 1-Pallet $140.74 4264F 36 Six Count Cases / 2-Pallets $133.25 4264F 54 Six Count Cases / 3-Pallets $124.69 426-4F Greater than 3 Pallets Cafe2Go Beverage Kit $124.69 Cafe2Go Self-Heating SOUP Kits w/up to 1.5 yr shelf-life 426-4F 18 Six Count Cases/ 1-Pallet Cafe2Go Soup Kits $205.12 426-4F 36 Six Count Cases/2-Pallet Cafe2Go Soup Kits $194.64 4264F 54 Six Count Cases/ 3-Pallet Cafe2Go Soup Kits $182.66 426-4F Greater than 3 Pallets Cafe2Go Soup Kits $182.66 SIN Product Description GSA Price Per Bag Ice 426-4F Ice 8 Ib Bag $3.24 SIN Product Description GSA Price Per Case Bottled Water 4264F 24 count 16.9 oz per Bottle/Case $8.15 SIN Product Description GSA Price Weekly Rate Type 1(1000)Person Portalet Package 426-4F 100 Standard Restrooms $61,493.77 426-4F 4 Wheelchair Accessible $5,108.71 4264F 30 Station Sink $35,477.17 4264F 100 Daily Service Fees - 4264F 30 Daily Sink Service Fees - 426-4F 5%Fuel Surcharge+Tax -- Type 11(750)Person Portalet Package 4264F 75 Standard Restrooms $46,120.32 4264F 4 Wheel Chair Accessible $5,108.71 4264F 22 Station Sinks $26,016.59 4264F 75 Daily Service Fees - 426-4F 22 Daily Sink Service Fees 4264F 5%Fuel Surcharge+Tax Type III(500)Person Portalet Package 4264F 50 Standard Restrooms $30,746.88 4264F 2 Wheel Chair Accessible $2,554.36 Contract No. GS-07F-0403X 13 Modification PO-0012,dated March 23,2016 Page 14 of 19 -*G4RIVER The Emergency Response Company SIN Product Description GSA Price Weekly Rate 4264F 15 Station Sinks $17,738.59 426-417 50 Daily Service Fees 4264F 15 Daily Sink Service Fees - 426-4F 5%Fuel Surcharge+Tax Type IV(250) Person Portalet Package 426-4F 25 Standard Restrooms $15,373.44 4264F 1 Wheel Chair Accessible $1,277.18 426-4F 7 Station Sinks $8,278.01 4264F 25 Daily Service Fees - 426-4F 7 Daily Sink Service Fees - 4264F 5%Fuel Surcharge+Tax Type V(100)Person Portalet Package 4264F 10 Standard Restrooms $6,149.38 4264F 1 Wheel Chair Accessible $1,277.18 426-4F 10 Daily Service Fees - 4264F 7 Daily Sink Service Fees - 4264F 5%Fuel Surcharge+Tax CIVIL SUPPORT NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel. Pricing is all-inclusive including transportation,personnel,expendable commodities,food,etc. Grey&Black Water Disposal not included Additional Service Fee(If Applicable) Hand Sanitizers @$15.00 per unit per week. Daily service of all Portalet packages is included. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. SIN Product Description GSA Price Weekly Rate SCHEDULE H-TRANSPORTATION EQUIPMENT/PERSONNEL 4264F Power Only Truck $14,190.87 4264F RollBacks-Equipment local short-haul $12,337.63 4264F Equipment Service Vehicle $2,081.33 426-4F Bobtail Fuel Truck&Driver(Fuel,Lube Truck or Transport)Does $56,763.48 not include Fuel 426-4F Fuel Truck&Trailer Combo(Less than 2000 gallons)Does not $56,763.48 include Fuel 4264F Fuel Trailer w/Attendant(Trailer Dropped,8500 gallons with $56,763.48 um s)Gasoline&Diesel;Does not include Fuel 426-41' Fuel Tank on Trailer;6,000 gallon;Diesel Only;4 pumps and Spill $56,763.48 Kit with Attendant ISO Unit);Does not include Fuel 4264F Dry Van $5,179.67 4264F Reefer Trailer $1,658.84 4264F Drop Deck Trailer $14,190.87 Contract No. CiS-07F-0403X 14 Modification PO-0012,dated March 23,2016 Page 15 of 19 .#GARNER The Emergency Response Company SIN Product Description GSA Price Weekly Rate 426-4F Removable Drop Deck(RGN) $17,029.04 4264F Double Drop Trailer $14,190.87 4264F Flat Bed Trailer $6,622.41 426-4F Low Boy Trailer $14,190.87 426-4F Water Trailer 300 Gal $362.21 4264F 60 Ton Landall Trailer $16,584.24 4264F 26'Straight Truck w/lift gate and driver $14,190.R- 426-4F Water truck(non-potable)W1 operator $32,999.46 426-4F Variable Message Boards,trailered,solar powered $2,301.64 426-417 Traffic Barricades,folding $89.85 426-4F Traffic Cones $18.66 426-4F Traffic Barriers,8' $18.66 426-4F Traffic Barricades,Barrel $48.38 426-4F Barricades,Jersey-Composite $186.62 TRANSPORTATION SERVICES NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel. Pricing excludes fuel,personnel,and transportation costs,unless otherwise noted. Transportation mileage rates may vary based on region of equipment FOB. Jurisdictional and/or Federal fees will apply unless waved. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. SIN Description GSA Price Per Hour SCHEDULE I-PROJECT SUPPORT PERSONNEL INCIDENT COMMAND SUPPORT 4264F Information Officer $148.11 4264F Safety /Security Officer $148.11 4264F Liaison Officer $148.11 OPERATIONS SECTION 426-4F Operations Section Chief $148.11 426-41' 1 Staging Areas Manager $133.30 426-417 Air Operations Branch Director $133.30 4264F Air Support Group Supervisor $133.30 4264F Air Tactical Group Supervisor $133.30 4264F Branch Director $133.30 426-417 Divisions/Groups Supervisor $133.30 4264F Strike Force/Teams Leader $133.30 4264F Single Resource Leader $133.30 426-4F Military Support Liaison $133.30 PLANNING SECTION 4264F Planning Section Chief $148.11 4264F Resource Unit Leader $133.30 Contract No. GS-07F-0403X 15 Modification PO-0012,dated March 23,2016 Page 16 of 19 *G4RAWR The Emergency Response Company SIN Description GSA Price Per Hour 426-4F Status Recorder $133.30 426-4F Situation Unit Leader $133.30 426-4F Documentation Unit Leader $133.30 426-4F Demobilization Unit Leader $133.30 4264F Environmental Unit Leader $133.30 4264F Documentation Clerk $133.30 4264F Field Observers $133.30 426-4F Technical Specialists Leader $133.30 LOGISTICS SECTION 4264F Logistics Section Chief $148.11 426-4F Service Branch Director $133.30 4264F Support Branch Director $133.30 426-4F Communications Unit Leader $133.30 426-4F Medical Unit Leader $133.30 4264F Food Unit Leader $133,30 426-4F Supply Unit Leader $133,30 426-4F Facilities Unit Leader $133.30 4264F Ground Support Unit Leader $133.30 426-4F Ordering Manager $133.30 4264F Receiving&Distribution Manager $133.30 4264F Security Manager $133.30 426-4F Camp Manager $133.30 426-4F Base Manager $133.30 426-4F Ground Support Unit Leader $133.30 426-4F Vessel Support Unit Leader $133.30 4264F Equipment Manager $133.30 FINANCE/ADMINISTRATION SECTION 4264F Finance/Admin Section Chief $148.11 426-4F Time Unit Leader $133.30 426-4F Cost Unit Leader $133.30 426-4F Procurement Unit Leader $133.30 426-4F Personnel Time Recorder $133.30 426-4F Resource Support Team Leader $133.30 426-4F Energy Team Coordinator(Generator) $133.30 426-4F Transportation Coordinator $133.30 426-4F Public Works Coordinator(Pumps&Light Tower) $133.30 426-4F Equipment Time Recorder $133.30 Contract No. GS-07F-0403X 16 Modification PO-0012,dated March 23,2016 Page 17 of 19 .*GARNER The Emergency Response Company SIN Product Description GSA Price Hourly Rate SCHEDULE J LSA PROJECT PERSONNEL SUPPORT: LSA POD Personnel 426-4F Incident Management Team Leader $148.11 4264F Project/Operations Manager $133.30 4264F Project/Operations Task Leader $123.43 426-4F Hazardous Material Technical Specialist $117.25 4264F Waste Management Specialist $117.25 4264F POD Team Leader $117.25 426-4F Project Administrator $74.06 4264F Project Supervisor $133.30 4264F Warehouse Supervisor $117.25 426-4F Project Field Clerk $49.37 426-4F LSA,Warehouse and General Labor(Non Union) $59.24 426-4F Resource Supervisor $117.25 4264F Resource Technician $117.25 4264F GIS Data Liaison $133.30 426-4F Resource/Equipment Operator(Includes Forklift Operator(Non $117.25 Union) 4264F Electrician $117.25 426-4F Security $78.99 426-4F Per Diem CONUS 4264F Personal Airfare LSA PROJECT PERSONNEL SUPPORT NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel. Command Center is for customer personnel,Garner Project Personnel,required for Orbitrax Support and all IT/Cells. Orbitrax Support is required for all physical equipment to prevent equipment losses and customer chargebacks. Hourly wages are for straight-time only;overtime and double-time will be applied if required. Hourly wages will be assessed at no less than twelve(12)hours per day;per person-seven(7)days a week. Federal Holidays are billed at the Double Time Rate. All personnel will be paid IAW regional prevailing wages in accordance with Davis-Bacon and/or SCA where applicable, Airfare is a factor of total personnel minus required personnel/service vehicles. LSA Project Equipment does not include MOB/DEMOB. Travel-Lodging and Per Diem will be charged at CONUS rate for any/all work more than 50 miles from employee's normally assigned Garner office. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. Contract No. GS-07F-0403X 17 Modification PO-0012,dated March 23,2016 Page 18 of 19 *GARNER The Emergency Response Company SIN LSA SUPPORT EQUIPMENT GSA Price Weekly Rate 4264F Mobile Command Post w/communications $12,342.57 426-4F Response Vehicle (Per Vehicle) $1,123.17 4264F 4-Wheelers(i.e.,Rhino) $1,351.51 4264F LSA Orbitrax Trailer $9,874.06 426-417 Orbitrax $108.12 426-4F Orbitrax Per Messaging $0.27 4264F Orbitrax Report $108.12 LSA SUPPORT EQUIPMENT NOTES Minimum One(1)Week Operation Phase Duration excluding Mob/Demob.3 Days constitutes a week on equipment;7 Days constitutes a week on personnel. Command Center is for customer personnel,Garner Project Personnel.required for Orbitrax Support and all IT/Cells. Orbitrax Support is required for all physical equipment to prevent equipment lasses and customer chargebacks. Hourly wages are for straight-time only;overtime and double-time will be applied if required. Hourly wages will be assessed at no less than twelve(12)hours per day;per person-seven(7)days a week. Federal Holidays are billed at the Double Time Rate. All personnel will be paid IAW regional prevailing wages in accordance with Davis-Bacon and/or SCA where applicable. Airfare is a factor of total personnel minus required personnel/service vehicles LSA Project Equipment does not include MOBIDEMOB. Travel-Lodging and Per Diem will be charged at CONUS rate for any/all work more than 50 miles from employee's normally assigned Garner office. Charges are due and payable in the amount invoiced. Invoicing typically occurs on a weekly basis. ANSVISO DOCUMENT FOR FREIGHT CONTAINERS 1496-1 Series 1 Freight Containers-Specifications and Testing-Part 1: General Cargo Containers for General Purposes 1496-2 Series 1 Freight Containers-Specifications and Testing-Part 2: Thermal Containers 1496-3 Series 1 Freight Containers-Specifications and Testing-Part 3: Tank Containers for Liquids,Gases,and Pressurized Dry Bulk 1496-4 Series 1 Freight Containers-Specifications and Testing-Part 4: Non-Pressurized Container for Dry Bulk 1496-5 Series 1 Freight Containers-Specifications and Testing-Part 5: Platform and Platform Based Containers 1496-6 Series 1 Freight Containers-Specifications and Testing-Part 6: International Cargo-Security Devices 668 Series 1 Freight Containers-Classification and Dimensions,and Ratings 830 Freight Containers-Terminology 2308 Hooks for Lifting Containers up to 30 Tons Capacity-Basic Requirements 1161 Series 1 Freight Containers-Corner Fittings,Specifications 3874 Series 1 Freight Containers 6346 Series 1 Freight Containers-Coding,Identification,and Marketing 9897 Freight Containers-Container Equipment Data Exchange Contract No. GS-07F-0403X 18 Modification PO-0012,dated March 23,2016 Page 19 of 19 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 Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not domiciled in Texas) Exhibit. Employers Liability $500,000/$500,000/$500,000 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. Page 1 of 3 B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Purchasing Disaster Emergency Services and Equipment Rental 10/27/2017 sw Risk Management Revised 11 /03/2017 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS Section 8. is null for this Service Agreement. Page 1 of 1 se GO O Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of July 17, 2018 1852 Action Item for the City Council Meeting of July 24, 2018 DATE: June 26, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Texas General Land Office Beach Cleaning and Maintenance Assistance Program CAPTION: Resolution approving Texas General Land Office's Beach Cleaning and Maintenance Assistance Program FY 2018-2019 grant application. PURPOSE: The Beach Cleaning and Maintenance Assistance Program provides reimbursement for some portion of the City of Corpus Christi's beach maintenance expenditures. BACKGROUND AND FINDINGS: The Texas General Land Office (TGLO) Beach Cleaning and Maintenance Assistance Program uses a funding formula to reimburse cities and counties. The reimbursement amount varies from year to year based on the formula and available funds. Currently, the principal portion of the beach maintenance appropriations is distributed among the twelve communities that contain public beaches within their jurisdiction and have made application for funding. For FY17, the City received $62,997.95. FY18 funds have yet to be distributed but are estimated to be approximately $60,000.00. ALTERNATIVES: Do not apply for beach maintenance funding. OTHER CONSIDERATIONS: Cities which qualify for eligibility under the Natural Resources Code, may receive up to, but no greater than two-thirds reimbursement for eligible expenses incurred in cleaning and maintaining the beaches; however, actual state appropriations have always limited this reimbursement to the range of 10 to 20 percent of actual local costs. CONFORMITY TO CITY POLICY: The City Council must pass a resolution to apply for the Texas General Land Office program. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2018- Expenditures Current 2019 (CIP only) Year Future Years TOTALS Line Item Budget $ 60,000 $ 60,000 Encumbered / Expended Amount This item BALANCE $ 60,000 $ 60,000 FUND(S): General Fund 1020 Comments: The estimated revenue for this reimbursement program will be submitted in the FY18-19 proposed budget. RECOMMENDATION: Staff recommends the City Council approve this resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution approving Texas General Land Office's Beach Cleaning and Maintenance Assistance Program FY 2018-2019 grant application Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The Corpus Christi City Council hereby approves and ratifies the execution and submittal by the City Manager or designee of all documents necessary to apply for continued financial assistance for cleaning and maintaining beaches under the City's jurisdiction on North Padre Island and Mustang Island during FY 2018-2019 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Application for the Beach Cleaning and Maintenance Assistance Program �tAd- �� Fiscal Year 2019 0 (September 1,20IS-August 31,2019) Texas General Land OfFice w =` George R Bush, Commissioner P.O. Box 12573 r Austin, Texas 787'1 1-2873 ��' +$' www.glO.state.bc.us 1-00-998-4GLO City or Courity making application (applicant); City of Corpus Christi Name and maillne address of administrative body responsible for beach cleaning: City of Corpus Christi Parks and Recreation Department P.O. Boas 9277 Corpus Christi, TX 78469 Name,title, email address, and phone of official with clay-to-day responsibility for project, Charles (Darren) Gurley uperintendent P.O, Box 9277 Corpus Christi, TX 78469 Barrie, title, mailing and email address, and phone of official authorized to receive skate reimbursement; E. Jay Ellington Director Parks and Recreation Department P.C . Box 9277 Chriati Corpus, TX 78469 The applicant understands and agrees that the requirements set forth in Section 61_D69 of the Texas Natural Resources l=ode must be met, and the applicant expressly pledges and represents that it has met or will meet the requirements through the following. 1, The applicant has a duly constituted beach park board or like heady with adequate authority to adrnlnister an effective program of keeping the public beaches under its jurisdiction clean. (OBA §61.069 (1)) 2. The appllcant shall provide for receipt of all project funds by Its treasurer or like official who shall adequately safeguard such funds and assure same are expended s€alely for project purposes.The applicant agrees to reimburse the Cie neral Land Office for any project funds last or spent for non- Project purposes. (0113A §61,065 (z)} 3_ The applicant shall submit such reports as to amounts and types of project expenditures as may be required by the General Land Office. {OBA§61.069 (3)) 4. The applicant provides free entrance to all public beaches within its jurlsdictIon. (OBA§61.,059 (4)) 5, The applicant operates and maintains one or more coastal parks which are satisfactory to the Gener,aI Land Office with respect to size and facilities. (CUBA§51.069 (5)) Page 1 of 2 Application for the Beach Cleaning and Maintenance Assistance Program Total linear feet of beach to be cleaned 34,200 EstImate of Expenses L Equlpment rental,litter and debris removal 3 573,510.90 2- Labor,litter arid debris remDval 341,1147.95 3. -signs,litter-related 3,9W-00 a. Superuisian,litter and debris removal 89,222,64 5- Sal id waste collection and disposal,Indudireg purchase of containers 13.000.00 6. Portable tcllet rental and servicing _ 64,200.017 7. Barricades, bollards,and traffic signs _ 14,000.00 8. Lifeguard expenses 355,625.85 9. Utter patrol expenses 40,000.O0 10. Reach patro-1 expenses 31.9,48.3.54 11. Administration 38.553-82 TQTAL $ 1,$50,691.30 Amount of state assistance requested for Current state fiscal year(may riot exceed tyro-thirds of amount shown in line alcove as Provided try Section 15 1,076 of the Texas Natural Resources Cade): 1,100,451,22 The General Land Office reserves the right to require of the applicant any additional evidence it may deem necessaryfor the approval of the appl[cation or management of the program. Supparting documeAts:(The application is Inemplete unless Oe following documents ars inducted.) Mark the applical)le box as the corresponding document 15 included with the application. A current resolutlorr authorising appli€atlon for funds and vesting an official with fudl authorlty tQ act for purposes of the program. �. A Texas.Department of Transgurtation county meq upon which.are delineated the u blit beaches to h e cleaned and the Ii near feet of beach therein. A sites of applicant's beach park which meets the minimum requirements established by the state_ [r A certified copycopy of documentation establishing a beach na rk I-ard or like body. A current w�ritteri statement attesting that the m_alntenance to be provided Is consistent with the applicant's community adopted plan for Beach Aces and Dune Protection_ Q A q rrent.wdtten statement acknowledging th2tCornoliiaince with tho rapmations far rollectlon and expenditure of beach user fees,€ontalnW in Section 15,8 of the state's beach access and dune protection regulations,is a r uirement of the program_ Acurrent written Statement that the appllcant will supply an a ftuate number of eatiyage and litter receptacles for that area of the beach which the applicant cleans and mai ntains In this projTam.Receptacles for recyclahles are suggested,but not required. .0 A cu rant list,adapted by the govern Ing body,of the a uI merit rates to b €ha r d per hour or per day which also Indicates whether with or without operator and which Includes portable toilets,if provided- Q A current beach-cIgAakaL2Mg2EII describing;the cleaning and maintenance operations at the beach- City of Corpus Chriap acting by and through Keith Selman, Intarim City Manager Applicant Official hereunto duly authorized,subrnlits this appllcation and Certifies its contents are true and correct,and agrees to the above terms and conditions_ by Name Signature Title Dote Page 2of2 Application Checklist For State Assistance in Cleaning and. Maintaining Public Beaches Review the following prior to submitting the Application for Mate Assistance in Cleaning and Maintaining Public Beaches. Each bulleted item is required to process the application; the text following each item explains hour to comply with the requirement_ IRcom lcte a ppiications will not be a The Original.Application, The 2-page application containing the vested official's signature must be submitted. Note- The application must be signed by the personlofficial authorized by the resolution to apply for funds- A Signed ResolutiwL Ensure the resolution authorizes the application for program funds and declares an official with ful I authority to act for purposes of the program_ Art EWmatt of ExpeiRdittures. Provide the total arnount of projected expenditure3 in the spaces above "Total-, this amount is the sum of the expenditures above it (i.e. equipment, labor, supervision, administration, etc). Provide the amount of state assistance being requested on the line following the "Total" projected expenditures line. This arnount Ek4y not exceed 213` rafthe"Total"projected expenditures, A Current Equipment hate Sheet, List all equipment items used; equipment not listed on the contract rate sheet will not be approved for reimbursement. Therefore if four Chevy pickups are used, the equipment rate sheet should indicate such. Indicate whether rates are with or without an operator. If an operator's wages are included, indicate the dollar amount poor hour inctuded in the equipment rate. DOriot include rental equipment on the equipmew rate sheet_ The agency has the discretion to request documentation for how each equipment reimbursernent rate was calculated in order to ensure the. rate does not exceed expenditures. Be prepared to provide jusdficatioa for the agency to approve your equipment rates. Each piece of equipment must be adequately described before the agency will approve the item's rate as reasonable, An adequate description should provide the equipment's make and model,horsepower. wheel type(crawler or tired, capacity (bucket size), ,arid attachments (rake.+°tiller). Note: Equipment rates must be approved by resolution or other similar record of official action. AA Garbage and litter llieoMtacle Statement. A statement assuring an adequate supply of,garbage and litter receptacles will be provided far the community's totul linear footage of beaches- A Beach Dune Mule Compliance Statement. A statement acknowledging that beach cleaning and maintenance is consistent with the applicant's Beach Dune Plan_ A. Bimich lilser Fees &9ulaticns Compliance Statement. A statement, pledging adherence to the regulations for collection and expenditure of beach user fees in Section 15,8 of the Texas Administrative Codes.Accompany the statement with a declaration of compilarioe to Beach User Fee Reporting requirements. Note; The garbage litter statement,beach dune rule statement,and beach user fees statement may all be included Gn the same document. A County HR. A rnap that plainly marks/highlights the beaches to be maintained and has the linear footage written on the map. For TxDOT maps, .see htt :,`www.txdOt. pv.`trave Umunty grid search_htrn . Google Earth maps may be used if preferred, seeIntt ,r:canh �r�;� 1�°. Submit the notated maps with the application packet. Additional maps (no"- TxDOT or Goode Earth)may he submitted in addition to the acceptable maps detailed abevc. A Site Man of all applicable Beach Parks A current, preferably updated within 2 years, site map is required_ A site map should detail the locat[oil of shower areas,restrooms,parking areas,potable water,and any other facilities provided. A Beach CleRT11119 Pro 0931 (BCP). A summary sof the maintenance activities being performed by the community, Detail the amount of staffing, trash pick-up procedures, labor and patrol schedules, special events, spodaUseasonal maintenance, etc. BCP's should be updated periodically and must be. thorough enough for the QLO to ascertain what maintenance is being performed. Most B P's are two pages or less. The sumniary shvuid be titled as a beach cleaning proposal or equivalent. Remember to include a date and have the BCP signed by either the vested official or official with day-to-day responsibility as listed on the cover of the appli0atione Note: A community's Beach Dune Protection and Beach Access Regulations may not serve as a beach Cleaning proposal unless the maintenance activities describe therein are current(written no more than 3 wears ago)and detailed_ His ellanevus. tither supporting documentation to the application is welcomed but not required, Note: For any of the above sterns designated as "on Pelee," indicate the original fiscal year they were provided. If the original fiscal year is not indicated,the it'8ms cannot be transferred into the current file and the applicant must re-supply the document. Failure to include the required documentation will delay approval of the application. The General Land Office, as the agency authorized to enforce the program's rules, has the discretion to require of the applicant any additional evidence it may deem necessary for the application or inanagement of the program.(31 TAC §253) Instructions for Texas Department of Transportation Cnnn!ty Maps and Beach Park Site Maps The agency requests that 'Texas Dapartment of Transportation (T'xl]OT)County Maps he used to designate the bead{ {'tress your cnnimurtitY maintains and the linear ft'-et of th4)se beaches. Use die following instructions to meet your cornmunity's county map and site map rcquirer (e ms for the Beach Maintenance- Reirnburserncnt Fuad urogram. If ynu need maps to work from,please contact tts. A. For each TxUOT County map (full-kale view and inset maps) or G30gle Earth Image., do the following. I. Mark the eligible beach areas to be cleaned. Z. Write the linear footage of each area. 3. If your Beach areas are separated, write [hr. total linear foo[age (sum of each area) somewhere on the map. Example: �t tr f %%J�s Joew �_• ' , '^ . g0V�+ F. AL B, For beach park site maps, do the following: 1. Indicate tht location of restroums, shower facilities and potable eater. 2. Indicate the IccatiOn Of on or off-beady parking areas.. 3. Indicate any other facilities that are provided on the site 1nup. Return the maps and bead{ park site maps with the Application for State Assistance in Cleaning and Maintaining Public Beaches. Texas bepsttmetit of Tran!portatian County Maps can be accessed at I.,,tt : www.dOt,state.tx.us travcl/county grid search.htrn. Contact Troy Ridley at [2Lridlevri&_#exas_poy or by phone at (51?) 463-5168 if you have questions. mus c.� GO O� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 17, 2018 NORPO P PE 1852 Action Item for the City Council Meeting of July 24, 2018 DATE: July 17, 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 B2Ca-).cctexas.com (361) 826-3169 Bio-Monitoring Testing Services for Wastewater Treatment Plants for a Four-year Service Agreement not to exceed $173,040 CAPTION: Motion authorizing a four-year service agreement with Bio-Aquatic Testing Inc., of Carrollton, Texas for bio-monitoring testing services for the wastewater treatment plants for a total amount not to exceed $173,040. PURPOSE: This service agreement will provide bio-monitoring testing services for the following locations; Allison, Broadway, Greenwood, Laguna Madre, Oso and Whitecap Wastewater Treatment Plants. BACKGROUND AND FINDINGS: The Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ) permits require biomonitoring. The Wastewater Division began bio- monitoring services in 1991 to determine if wastewater treatment plants effluent was toxic or had sublethal effects on living organisms. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received one bid; staff conducted research and there are only two companies in the state that perform this type of specimen testing. The other company is a global company and did not submit a bid. Staff recommends award to Bio-Aquatic Testing, Inc. 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: Utilities Department -Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $492,294.30 $165,830.00 $658,124.30 Encumbered / Expended Amount $157,038.62 $0.00 $157,038.62 This item $7,210.00 $165,830.00 $173,040.00 BALANCE $328,045.68 $0.00 $328,045.68 Fund(s): Wastewater Fund Comments: The initial contract is for an amount not to exceed $173,040.00 for 48 months, with an estimated expenditure of$7,210.00 funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Purchasing Division City of Corpus Christi Bid Tabulation Bid No: 1582 Buyer: Cynthia Perez Bio-Monitoring Testing for WWTP Bio-Aquatic Testing, Inc. Carrollton, Texas ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 1 Chronic Mysidopsis bahia Each 96 $722.50 $69,360.00 2 Chronic Mendidia beryllina Each 96 $722.50 $69,360.00 3 Acute Mysidopsis bahia Each 48 $45.00 $2,160.00 4 Acute Menidia beryllina Each 48 $45.00 $2,160.00 5 Allowance-Toxicity Testing AL $30,000.00 TOTAL 11 $173,040.00 se 0 > SERVICE AGREEMENT NO. 1582 U 1852 Bio-Monitoring Testing for Wastewater Treatment Plants THIS Bio-Monitoring Testing for Wastewater Treatment Plants Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Bio-Aquatic Testing, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Bio-Monitoring Testing for Wastewater Treatment Plants in response to Request for Bid/Proposal No. 1582 ("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 Bio-Monitoring Testing for Wastewater Treatment Plants ("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 48 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 $173,040.00, 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: Diana Zertuche-Garza Department: Utilities Phone: (361 ) 826-1827 Email: dianaGCcctexas.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: Diana Zertuche-Garza Title: Contracts/Fund Administrator Address: 13101 Leopard Street, Corpus Christi, TX 78410 Phone: (361 ) 826-1827 Fax: (361 ) 826-4488 IF TO CONTRACTOR: Bio-Aquatic Testing, Inc. Attn: Chris Robason Title: President Address: 2501 Mayes Road, Ste. 100, Carrollton, Texas 75006 Phone: (972) 242-7750 ext. 1 1 1 Fax: (972) 242-7749 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR //f�/ . nb4s Signature: LJ�• 00% Printed Name: Chris Robason Title: President Date: 05/31/2018 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. 1582 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 1.1 General Requirements/Background Information The Contractor shall provide Bio-Monitoring Testing as outlined in this Scope of Work. The Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ) permits require biomonitoring. The frequency of monitoring is related to factors such as size, industrial contribution, receiving stream water quality and flow, and biomonitoring history. The anticipating number of monitoring events are outlined in the attached Table 2. 1.2 Scope of Work The Contractor shall provide biomonitoring testing to determine if wastewater treatment plant effluent is toxic or has sublethal effects on living organisms. The Contractor will provide all necessary sample containers, labels, sample preservatives, shipping packages, and chain-of-custody forms. The City will be responsible for the collection, labeling, and shipping preservation of the samples. The Contractor will specify the method of shipment and will pay all shipping charges. In addition to performing the prescribed analyses, the Contractor will also submit, in a timely manner, the reports specified in this document. A. The Contractor must meet the requirements of the City of Corpus Christi Wastewater Department, Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ). B. City of Corpus Christi Wastewater Division Requirements: 1 . The City reserves the right to make changes in the contract to accommodate increased or decreased frequency of testing due to toxicity testing failure or permit alterations and modifications mandated by EPA and TCEQ. In the event, that additional tests are required. The City will include an allowance on the bid form. Any changes in the contract will be made after consultation with the laboratory. 2. Subcontracting to other laboratories shall not be acceptable. 3. All organisms shall be cultured in-house and shall be maintained in a clean and safe condition. No purchased organisms may be used in City tests. 4. The Contractor must have extensive chemical analysis capabilities in the event toxicity is found and it becomes necessary to isolate the toxins. 5. The Contractor shall perform aquatic toxicity testing. The Contractor must have a minimum of a Master's Degree toxicologist on staff. 6. The Contractor shall have saltwater testing capabilities. 7. The Contractor's procedures shall be supported by a strict Quality Assurance/Quality Control (QA/QC) program. In addition to the QA/QC program the following shall be submitted to City Staff: 8. Reporting: a. Contractor must provide two written reports for each testing event; b. Reports must contain written summary, electronic data summary, raw data, reference toxicant data, chain-of- custody forms, and Table forms; C. Contractor must provide completed Table 1 and 2 forms, located with the plants discharge permit. d. Turn-around-time must be 5 working days; e. Contractor must provide electronic version, and; f. Contractor must retain reports for a minimum of 5 years. 9. The Contractor must have separate areas, at a minimum, for the following: a. Freshwater testing; b. Saltwater testing; C. Fathead minnow culturing; d. Mysidopsis Bahia culturing; e. Menidia beryllina culturing; f. Synthetic water preparation area separates from testing and culturing; g. Effluent water preparation area separates from synthetic; h. Invertebrate culture area; i. Invertebrate testing area (both separate); j. Algae culture area; k. TRE/TIE or other non-routine testing area separate from testing rooms containing National Pollutant Discharge Elimination System (NPDES) compliance tests; I. Sample storage area, and, M. Labware and glassware cleaning and preparation 10. The Contractor must be prepared to receive samples after hours. Secure outside storage for samples must be available for drop off or a person available for sample receipt. Security and after-hours sample receipt shall be at no extra charge. 11 . The Contractor must be available to receive samples on weekends and holidays. 1.3 Shipping/Special Instructions A. All sampling will be performed by the City Wastewater Department and will be scheduled as required by the City's discharge permits. Samples will be shipped on Monday, Wednesday, and Friday. Deviation from this schedule will only be made if deemed necessary and after consultation with the Contractor. B. The Contractor shall provide all sample containers and shipping containers required for shipment. The Contractor must specify the method of shipment and the procedure. C. All sample and shipping containers will be shipped to: City of Corpus Christi O. N. Stevens Water Treatment Plant Warehouse Attn: Robert Corn 13101 Leopard St. Corpus Christi, Texas 78410 D. The Contractor will pay all shipping charges to and from the City of Corpus Christi. These charges must be included in the final cost of each test. All samples will be shipped to the Contractor on the day of completion of each 24-hour composite. If for any reason testing is terminated by the Contractor, at any stage of the testing, the cost will be incurred by the Contractor. If, for any reason, testing is terminated by the City after the samples have been received by the Contractor and testing has been initiated, reasonable and proportional costs shall be incurred by the City. 1.4 Invoicing and Reporting The Contractor's invoice for payment must contain the following information: a. The City Wastewater Department must receive final reports for the monthly testing no later than twenty days after receipt of the last sample. b. The original and one copy of both the final report and Table 1 and/or Table 2 for each test will be submitted to the City of Corpus Christi Wastewater Department. These reports, invoices and all correspondence will be sent to the following address if using the U.S. Postal Service. City of Corpus Christi Wastewater Department 2726 Holly Rd Corpus Christi, Texas 78415 Telephone: (361) 826-1800 Fax: (361) 826-1715 Original scanned results can be emailed to: • RobertC6@cctexas.com • EarlRiCcctexas.com • NikkiG@cctexas.com • CourtneyS@cctexas.com • PhilipD@cctexas.com • GeraldG@cctexas.com All other couriers will require the shipping address. 1.5 Methodology A. All test organisms, procedures, and water quality assurance criteria used must be in accordance with the latest revision of the following EPA Manuals: • "Short-Term Methods for Estimated the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms". EPA 600/4-89/001 . • "Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms, Third Edition." (EPA-82.1-R-02-014). • "Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms Fifth Edition. (EPA-821-R-02-012). B. All test organisms, procedures, and water quality assurance criteria used must be in accordance National Pollutant Discharge Elimination System (NPDES) permits and/or Texas Commission Environmental Quality (TCEQ) permits as follows: 1. CHRONIC-MARINE TOXICITY TESTING: a. Mysidopsis Bahia (Mysid shrimp) chronic static renewal 7-day survival, growth and fecundity test using Method 1007.0, EPA/600/4-91/003, or the most recent update thereof. b. Menidia beryllina (Inland Silverside minnow) chronic static renewal 7-day larval survival and growth test, Method 1006.0 EPA/600/4-91/003, or the most recent update thereof. 2. ACUTE-MARINE TOXICITY TESTING: a. Mysidopsis Bahia (Mysid shrimp) acute static renewal 24-hour toxicity test using EPA-821-R-02-012, or the latest update thereof. b. Menidia beryllina (Inland Silverside minnow), acute static renewal 24hour toxicity test using EPA-821-R-02-012, or the latest update thereof. C. Any method that does not follow the above procedures must be approved by the City of Corpus Christi Wastewater Department. D. The tests listed in Table 1 shall be performed in accordance with the NPDES permits and/or TCEQ permits. TABLE 1: ESTIMATED SAMPLING FREQUENCY SPECIFICATIONS FOR ANNUAL BIOMONITORING TESTING ALLISON 4/Year Chronic Mysidopsis Bahia 4/Year Chronic Menidia beryllina 2/Year Acute Mysidopsis Bahia 2/Year Acute Menidia beryllina BROADWAY 4/Year Chronic Mysidopsis Bahia 4/Year Chronic Menidia beryllina 2/Year Acute Mysidopsis Bahia 2/Year Acute Menidia beryllina GREENWOOD 4/Year Chronic Mysidopsis Bahia 4/Year Chronic Menidia beryllina 2/Year Acute Mysidopsis Bahia 2/Year Acute Menidia beryllina LAGUNA MADRE 4/Year Chronic Mysidopsis Bahia 4/Year Chronic Menidia beryllina 2/Year Acute Mysidopsis Bahia 2/Year Acute Menidia beryllina OSO 4/Year Chronic Mysidopsis Bahia 4/Year Chronic Menidia beryllina 2/Year Acute Mysidopsis Bahia 2/Year Acute Menidia beryllina WHITECAP 4/Year Chronic Mysidopsis Bahia 4/Year Chronic Menidia beryllina 2/Year Acute Mysidopsis Bahia 2/Year Acute Menidia Bahia TABLE 2: ESTIMATED NUMBER OF ANNUAL SAMPLING EVENTS Chronic Mysidopsis Bahia 24 Chronic Menidia beryllina 24 Acute Mysidopsis Bahia 12 Acute Menidia beryllina 12 Attachment B- Bid Pricing/Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1582 zero Bio-Monitoring Testing for Wastewater Treatment Plant PAGE 1 OF 1 Date: 05/07/2018 Authorized Bidder: Bio-Aqur,tic Tr-sL iF,i;, Inc. Signature: (�►+• 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. Item Description Unit 4-Yr. Unit Price Total Price Qty- 1 Chronic Mysidopsis bahia Each 96 $ 722.50 S 69.360.00 2 Chronic Mendidia beryllina Each 96 $ 722.50 $ 6. 9.360.00 3 Acute Mysidopsis bahia Each 48 $ 45.00 $ 2.160.00 4 Acute Menidia beryllina Each 48 $ 45.00 S 2.160.00 5 Allowance -Toxicity Testing _ Failure AL $30,000.00 $30,000.00 Total $ *173,040.00 *Includes the $30,000 Allowance Note:The Chronic Mysid and Menidia test prices are$550.00 each. The freight per ice chest is$115.00 each. 3 separate shipments are required for a single chronic test event(regardless of specie tested): $115.00/cooler x 3 = $345.00 freight per chronic test event. I divided the$345.00 freight between each chronic specie for budget. Invoices will reflect the $550.00/specie and$115.00/cooler. Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property Management one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 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 Biomonitoring Testing of Wastewater Treatment Plant Effluent 03/21/2018 sw Risk Management Valid Through 12/31/2018 ATTACHMENT D - WARRANTY REQUIREMENTS No warranty requirements necessary for this service agreement; Section 8. Warranty is null for this service agreement. SC �o o� � U AGENDA MEMORANDUM NOONPONPS E� 1852 Future Item for the City Council Meeting of July 17, 2018 Action Item for the City Council Meeting of July 24, 2018 DATE: June 29, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Approval of Amendment No. 1 Master Services Agreement for Professional Survey Services CAPTION: Motion authorizing Amendment No. 1 to the Master Services Agreement with Urban Engineering of Corpus Christi, Texas in the amount of $60,000 for a total restated fee of $85,000 for Professional Survey Services per year with the option to administratively renew for one additional year for a total contract price of$170,000. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 to the Master Services Agreement for Urban Engineering for various city projects. BACKGROUND AND FINDINGS: This includes on-call services for surveying and mapping for various City projects. Work includes creating metes and bounds, plat descriptions, survey descriptions, easement exhibits, delineating ROW (right-of-way), locating survey stakes, wetland delineation, etc. The contract is for a base year plus one-year renewal option. Individual task orders will be negotiated and issued within the available funds. The task orders and renewal of the option year will be administratively authorized by the City Manager, or the authorized designee. ALTERNATIVES: 1. Execute the Amendment No. 1 to the Master Services Agreement with Urban Engineering. (Recommended) 2. Do not execute the Amendment No. 1 to the Master Services Agreement with Urban Engineering. (Not recommended) CONFORMITY TO CITY POLICY: Urban Engineering is the consultant engineer that was selected for this project under RFQ No. 2018- 01. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Budget and Current Year Future Years TOTALS Expenditures Budget 25,000 60,000 85,000 170,000 Encumbered / 25,000 25,000 Expended Amount This item 60,000 60,000 Future Anticipated Expenditures This 85,000 85,000 Project BALANCE 1 0 0 0 0 Fund(s): Various, Unknown at this time. Comments: Task Orders will be charged to various projects in accordance with project scope of each project. RECOMMENDATION: City staff recommends approval of the Motion to enter into Amendment No. 1 with Urban Engineering and administrative authority for optional renewal of one additional year for a total contract value of $170,000. LIST OF SUPPORTING DOCUMENTS: Location Map Presentation Amendment No. 1 N SCALE: N.T.S. CITYWIDE PROJECT o � NUECES&Y a 81 N Ae A CORPUS CHRISTI 1 q IIDPND Y � CIMII M CORPUS CHRISTI&Y >E wwn 050&Y rwr /FLOUR RFL a.a y� LAGUNA NADRE GULF OF MOOCO LOCATION MAP NOT TO SCALE Project Number: 18098A Professional Survey Services MSA CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Professional Survey Services Council Presentation July 17, 2018 Professional Survey Services co�p�,5 Ch�Sti Engineering Professional Survey Services MSA N SCALE:N.T.9_ R all � r� mreus exam ary i i 400�Professional Survey Services cof-Rus ci,r szi Engineering This contract provides for a multi-service agreement for professional survey and mapping services for various city projects and properties including: ✓ Parcel limits delineations and locating survey stakes ✓ Right-of-Way delineation and exhibits ✓ Easement delineations and exhibits ✓ Metes and bounds descriptions ✓ Plat descriptions ✓ Wetland delineation Project Schedulecoypus Chi SO Engineering i 2019 J A S O N D J F M A M J Professional Surveying Services Estimated Completion Time is 12 months. Carpus Chr sti Engineering Questions? CITY OF CORPUS CHRISTI AMENDMENT NO. 1 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES Professional Survey Services (Project No. 18098A) 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 Urban Engineering, a Texas Company, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas 78404 (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 Master Services Agreement 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 A-f`"'h inh is ++�nhor! ac ;;P exh ihi++e +his / gFee mor+ 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. Master Services Agreement 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 $60,000 for a total restated fee not to exceed $85,000 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. I n 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 $85,000.00 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. 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. Master Services Agreement 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. 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. Master Services 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 one (1) year beginning on the Effective Date. The Agreement may be renewed for up to one 1 one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 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 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 & Master Services Agreement 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: 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. Master Services Agreement 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. 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. Master Services 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. 11.3 I 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. Master Services Agreement 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. 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. Master Services Agreement 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 htt ://www.cctexas.com/ overnment/cit -secreta /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. CITY OF CORPUS CHRISTI U EE Jeff H. Edmonds, P. E., (Date) James D. Carr, RPLS, CFM (Date) Director of Engineering Services Director of Surveying 2725 Swantner Corpus Christi, TX 78404 APPROVED AS TO LEGAL FORM (361) 854-3101 Office (361) 854-6001 Office jamesc@urbaneng.com Assistant City Attorney (Date) ATTEST City Secretary (Date) Master Services Agreement Master Services Agreement for Professional Survey Services (Project No. 18098A) Accounting Unit 5310-11150-012 Account 530000 Activity 18098A-01-5310-EXP Account Category 30000 Master Services Agreement 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 URBAN ENGINEERING Jeff H. Edmonds, P. E. (Date) James D. Carr, RPLS, CFM (Date) Director of Engineering Services Director of Surveying 2725 Swantner Corpus Christi, TX 78404 (361) 854-3101 Office (361) 854-6001 Fax jamesc@urbaneng.com Master Services Agreement URBAN ENGINEERING 5118118 Jerry J. Shoemaker, PE City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 Phone: (361)826-3516 Mobile: (361)675-0464 Email:jerrysgcctexas.com Re: Proposal-- 18098A Amendment to Small MSA Professional Surveying Services- Large MSA Dear Mr. Shoemaker; Urban Engineering is pleased to submit this proposal for providing professional surveying services of various survey tasks for the City of Corpus Christi. This proposal is in support of a Master Service Agreement for on call as needed surveying services not to exceed $60,000.00. The City of Corpus Christi will specify task and fee structure that will be either lump sum or based on Urban Engineering hourly rates (attached). All surveying services and deliverables will be delivered in a timely manner and shall comply with the current minimum technical requirements adopted by the Texas Board of Professional Land Surveying requirements set forth by the Texas Society of Professional Surveyors as shown in the current Manual of Practice for Land Surveying in the State of Texas. To prepare and deliver the required information for calculations, scheduling and field/office effort, Urban Engineering requests a reasonable advanced notice on all survey requests and projected due dates. We appreciate the opportunity to provide you with this proposal and look forward to working with you on this project. If you have any questions, please give us a call at 361-854-3101. _ Sincerely, James D. Carr, RPLS, CFM IN WITNESS HEREOF,the parties hereby execute this agreement upon t terms and conditions stated below. CLIENT: CONSU TANT: Urban E eering-Co hristi, 'Texas By B � (Signature) (Date Signed) (Signature) (Date Signed) Name: Name: James D. Carr, RPLS, CFM (Print) (Print) Title Title Director of Surveying AMEND. NO. 1 Exhibit "B" Page 1 of 1 EXHIBIT C PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No.XXXX 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 $0.001 100.0% 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 TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $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 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 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. EXHIBIT"C" If applicable, refer to the contract for information on what to include with time and materials(T&M). Pagel of 1 Master Services Agreement EXHIBIT D INSURANCE REQUIREMENTS Geetenhnin21 _nr! f`�n�+r��i++inn RA-a+eriair, Testing Gen+ran+s Professional Surveying Services 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 and identify any limitations regarding who is insured. Master Services Agreement 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1 .4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1 .5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1 .6.3 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 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. Master Services 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. Master Services Agreement se GC -4 v AGENDA MEMORANDUM NaRPoppsEo Future Item for the City Council Meeting of July 17, 2018 1852 Action Item for the City Council Meeting of July 24, 2018 DATE: July 10, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director of Street Operations AndyL@cctexas.com (361) 826-1957 Construction Contract Residential Street Rebuild Program (RSRP) Project (Bond 2016, Proposition 1) CAPTION: Resolution rejecting bids and authorizing construction contracts with A. Ortiz Construction & Paving, Inc., of Corpus Christi, Texas in the amount of$4,570,000 for Base Bid Part 1 and with J. Carroll Weaver, Inc., of Sinton, Texas in the amount of $4,390,000 for Base Bid Part 2 for the Bond 2016 Residential Street Rebuild Program Project. PURPOSE: These construction contracts will perform pavement rehabilitation work for streets identified on the approved Bond 2016 RSRP Work Plan. BACKGROUND AND FINDINGS: On November 8, 2016 voters approved the Bond 2016 Proposition 1 Residential Street Rebuild Program project. On March 21, 2017 Council passed a Resolution (031088) approving the concepts, direction and selection criteria for the Residential Street Rebuild Program (RSRP). The Bond 2016 RSRP Work Plan was approved by Council on November 7, 2017. 1 Scope: Construction contracts for the Bond 2016 RSRP project were developed as Indefinite Delivery Indefinite Quantity (IDIQ) contracts with defined construction durations. Multiple "Delivery Orders" (DOs) will be issued to the contractors with specific scope and quantities for each street to implement the approved Work Plan throughout the City. The contractors' bid prices are the basis for DO unit prices. The Bond 2016 RSRP project was developed and bid as a single project with two Base Bid schedules: Part 1 (Districts 1 and 2) and Part 2 (Districts 3, 4, and 5). Two DOs are anticipated to be issued for Part 1, and three DOs will be issued for Part 2, for a total of up to five DOs. Separating streets into two Base Bid parts allows for increased competition, opportunities for smaller contractors to participate, and the ability to award to multiple contractors. The DOs will identify specific streets and quantities to facilitate tracking all work and costs on a per street basis. The pavement improvements performed on each street in the Work Plan will vary dependent on the conditions for the individual streets. Planned improvements include limited replacement of sidewalks, curb & gutter, driveways, and curb ramp improvements. Utility repairs or improvements on the Work Plan streets were recently completed by the utilities departments. Minor utility adjustments are anticipated as part of these street projects and will be funded through utilities Capital Improvement Program (CIP) resources. On June 13, 2018, the City received proposals from six (6) bidders as follows: Contractor Total Base Bid Total Base Bid Part 1 Part 2 Winters Construction (Non-Responsive) $3,212,695.-7-9 No Bid San Antonio, Texas A. Ortiz Construction and Paving, Inc. Corpus Christi, Texas (Non-Responsive Part $3,735,243.08 2 only) J. Carroll Weaver Sinton, Texas $3,945,815.38 $3,735,495.55 Grace Paving and Construction, Inc. $4,002,826.59 $3,772,669.31 Corpus Christi, Texas Haas-Anderson Construction Corpus Christi, Texas $4,266,645.35 $4,112,320.55 Bay, Ltd. Corpus Christi, TX $4,867,300.80 $5,553,012.50 Engineer's Opinion of Probable $4,100,000.00 $4,000,000.00 Construction Cost Winters Construction, the apparent low bid for Base Bid Part 1, was determined to be non-responsive for failure to submit a signed bid and omitting 4 out of 5 pages from the Bid Acknowledgement Form. Ortiz Construction and Paving, Inc., with the apparent low bid for Base Bid Part 2, was determined to be non- responsive because they only demonstrated and acknowledged the capacity to work Part 1 within the required performance period. J. Carroll Weaver is, therefore, low bidder for Base Bid Part 2. Bids were used to determine the lowest responsive and responsible bidders. To maximize the number of streets addressed by the Bond 2016 RSRP project, contracts are recommended for award within the programmed available funds for each respective Part: $4.5 million for Part 1 and $4.3 million for Part 2. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) 2 OTHER CONSIDERATIONS: Hanson Professional Services, Inc. is the design engineer selected for this project under RFQ 2016-06. A. Ortiz Construction & Paving, Inc., of Corpus Christi, Texas and J. Carroll Weaver, Inc., of Sinton, Texas were evaluated and determined responsive, responsible and capable to complete Base Bid Part 1 and Base Bid Part 2 respectively. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date Current Year Future Years TOTALS 2017-2018 Expenditures Budget $11,149,488 $11,149,488 Encumbered / 658,538 658,538 Expended Amount This item 8,960,000 8,960,000 Future Anticipated Expenditures This 1,050,000 1,050,000 Project BALANCE $480,980 1 $480,980 Fund(s): Street 2018 GO Bond 2016; Water&Wastewater CIP Funds Comments: N/A RECOMMENDATION: City staff and Hanson Professional Services, Inc. recommend construction contracts be awarded to A. Ortiz Construction & Paving, Inc., of Corpus Christi, Texas in the amount of$4,570,000 for Base Bid Part 1, and to J. Carroll Weaver, Inc., of Sinton, Texas in the amount of$4,390,000 for Base Bid Part 2 for the Bond 2016 Residential Street Rebuild Project. LIST OF SUPPORTING DOCUMENTS: Resolution Project Budget Location Map Presentation Letter of Recommendation Resolution Approving Work Plan (031285) Bond 2016 RSRP Work Plan Presentation (abbreviated) 3 Page 1 of 2 Resolution rejecting bids and authorizing construction contracts with A. Ortiz Construction & Paving, Inc., of Corpus Christi, Texas in the amount of $4,570,000 for Base Bid Part 1 and with J. Carroll Weaver, Inc., of Sinton, Texas in the amount of $4,390,000 for Base Bid Part 2 for the Bond 2016 Residential Street Rebuild Program Project. WHEREAS, bids were opened on June 13, 2018, for the Bond 2016 Residential Street Rebuild Program (RSRP) ("Project"); and WHEREAS, the apparent low bidder for the Project's Base Bid Part 1, Winters Construction of San Antonio, Texas, omitted pages and failed to sign their Bid; and WHEREAS, A. Ortiz Construction and Paving, Inc. of Corpus Christi, Texas, with the apparent low bid for Base Bid Part 2, could only demonstrate and acknowledged the capacity to work Part 1 within the required performance period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bid for the Project's Base Bid Part 1 submitted by Winters Construction of San Antonio, Texas is rejected as non-responsive. SECTION 2. The apparent low bid for the Project's Base Bid Part 2 submitted by A. Ortiz Construction and Paving Inc., of Corpus Christi, Texas is rejected as non-responsive SECTION 3. The City Manager or designee is authorized to execute a construction contract for the Bond 2016 Residential Street Rebuild Program (RSRP) Project with A. Ortiz Construction & Paving, Inc., of Corpus Christi, Texas in the amount of $4,570,000 for the Base Bid Part 1, and with J. Carroll Weaver, Inc., of Sinton, Texas in the amount of $4,390,000 for the Base Bid Part 2. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of , 2018. Page 2 of 2 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 PROJECT BUDGET ESTIMATE Residential Street Rebuild Program Project PROJECT FUNDS AVAILABLE: BOND 2016 General Obligation Bonds.......................................................................... 11,000,000 UtilityFunds............................................................................................................ 160,000 TOTAL................................................................................................................... 11,160,000 FUNDS REQUIRED: ConstructionFees:............................................................................................................................................................. 8,960,000 Base Bid Part 1 (A. Ortiz Construction & Paving , Inc.) ............................... 4,570,000 Street Cost................................................................ 4,500,000 Utility Cost................................................................ 70,000 Base Bid Part 2 (J. Carroll Weaver, Inc.) ................................................. 4,390,000 Street Cost................................................................ 4,300,000 Utility Cost................................................................ 90,000 Construction Testing and Inspection Fees:............................................................................................................ 497,500 Construction Materials Testing (PSI)....................................................... 112,500 Construction Inspection (estimate).......................................................... 385,000 Designand Geotech Fees:............................................................................................................................................ 658,538 Preliminary Work Plan (Hanson)............................................................. 49,660 Engineering Services (Hanson)............................................................... 552,667 Geotechnical Services (PSI).................................................................. 56,211 Reimbursements (Estimate):....................................................................................... 552,000 Contract Administration (Engineering/Finance/Capital Budget)..................... 220,000 Engineering Services (Project Mgt/Constr Mgt).......................................... 330,000 Misc. (Printing, Advertising, etc.)............................................................ 2,000 TOTAL................................................................................................................... 10,668,038 ESTIMATED PROJECT BUDGET BALANCE................................................................ 491,962 *Any remaining funds will be used for construction on additional streets. HANSON Hanson Professional slonal5ervices Inc. 4509 Goilihllihar Road us Christi,Tx.78401 Engineering I Planning I hllied Services Cor P {361-814-990© www.hanson-inc,com June 25, 2018 Mr. J.H. Edmonds, P,E. Director of Engineering Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 Re; Recommendation of Award Residential Street Rebuild Project (RSRP) (ID/IQ) Bid Part 1 & 2 - Project No. E17019 Dear Mr. Edmonds: We have reviewed the six (6) bids for Bid Part 1 and five (5) bids for Bid Part 2 received on June 13th for the referenced project. The project includes residential street pavement rehabilitation and reconstruction in multiple locations throughout the City. The bidders were Winters Construction, Inc.; A. Ortiz Construction and Paving, Inc.; J. Carroll Weaver, Inc.; Grace Paving and Construction, Inc.; Haas- Anderson Construction, Ltd. ("Haas") and Berry Contracting, LP DBA Bay Ltd. ("Bay"). In accordance with Specification 00 21 13 Instruction to Bidders, Article 13— Statement of Experience, a request was made to the three (3) lowest bidders to submit data outlined in Section 00 45 16--Statement of Experience. Attached is the information provided by Winters Construction, Inc.; A. Ortiz Construction and Paving, Inc.; J. Carroll Weaver, Inc. and Grace Paving and Construction, Inc. For Bid Part 1, the apparent low bidder was Winters Construction, Inc. However, it was determined that Winters Construction, Inc., failed to sign their bid and they omitted 4 out of 5 pages from the Bid Acknowledgement Form (which are material to the Bid). This has resulted in Winters Construction, Inc., being deemed as non-responsive and voids the submitted bid. The second apparent low bidder was A. Ortiz Construction & Paving, Inc. For Bid Part 2, the apparent low bidder was A. Ortiz Construction & Paving, Inc. A. Ortiz Construction & Paving, Inc. was also the apparent responsive low bidder on Bid Part 1. After discussions on project completion requirements, A. Ortiz Construction & Paving, Inc. has acknowledged they do not have sufficient capacity, and additional resources are not available with current market conditions, to complete both base bids concurrently as required by the contract documents. The second apparent low bidder was J. Carroll Weaver, Inc. Hanson has reviewed the information submitted. We are familiar with the contractors, who have successfully completed several projects we have been involved with as an engineer. See attached summary of the Statement of Experience. It is our opinion that the low bid is a fair and reasonable cost for the value of work to be constructed. We hereby recommend award of the contract to A. Ortiz Construction & Paving, Inc. in the amount of $4,100,000.00 for Bid Part 1. The contract requires construction to be substantially completed within 250 calendar days after the notice to proceed has been issued. E Mr. J.H. Edmonds June 25, 2018 We hereby recommend award of the contract to J. Carroll Weaver, Inc. in the amount of $4,000,000.00 for Bid Part 2. The contract requires construction to be substantially completed within 270 calendar days after the notice to proceed has been issued. Attached for your record is the bid tabulation for the project. Should you have any questions or require any additional information, please do not hesitate to call on us. Very truly yours, HANSON PROFESSIONAL SERVICES, INC. TBPE Firm Registration No. F-000417 4bt4tK Gabriel Ortiz, P.E., CFM Project Engineer Encl. i + I N CITY WIDE PROJECT SCALE: N.T.S. NUECES BAY 0 wh A CORPUS CHRISD I CORPUS"SR BAY 4 M N g F CINIBII tl pp ow BAY HAYLL NR SM1pH C 0°6 u FLOUR BEUFF am LAGUNA NAORE GULF OF MDOCD 0 Base Bid Part 1 - Ortiz 0 Base Bid Part 2 - Weaver LOCATION MAP NOT TO SCALE Project Number: E17019 BOND 2016 RESIDENTIAL STREET CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS REBUILD PROJECT DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Residential Street Rebuild Project (RSRP) BOND 2016 Construction Contract Council Presentation July 17, 2018 _ Location Map Corpus Chr sti — Engineering BOND 2016 RESIDENTIAL STREET REBUILD PROJECT N SCALL:N.T.S. s a 0 Base Bid Part 1-Ortiz 0 Base Bid Part 2-Weaver 2 � Project Scope Corpus Chr sti Engineering ➢ Project was developed as: o Indefinite Delivery Indefinite Quantity Contract(IDIQ) 0 2 Parts o Up to 5 Delivery Orders(DOs) ➢ Repairs include: o Pavement repairs&resurfacing;extent varies by street o Limited sidewalk,curb&gutter,driveway,and curb ramp improvements o Minor utility adjustments BASE CONTRACTOR DISTRICT BID CONTRACT LINEAR DOs BID AMOUNT AMOUNT MILES 1 A.Ortiz Construction& 1&2 $3,735,243 $4,570,000 —4.5 2 Paving,Inc. 2 J.Carroll Weaver,Inc. 3,4&5 $3,735,495 $4,390,000 —4.9 3 Project Schedule d.. Corpus Chr'sti Engineering i 2019 M J J A S O N D J F M A M Bid / Award Part 1 Construction Part 2 Construction Construction Estimate Base Bid Part 1 = 280 Days .,z� 9 months Base Bid Part 2 = 300 Days N 10 months l Corpus Chrsti Engineering Questions .? 5 Resolution approving the Bond 2016 Residential Street Rebuild Program (RSRP) Work Plan WHEREAS, in 2012, the City began implementation of the Street Improvement Plan (SIP) to address maintenance and repair of the entire street system with residential/local street. reconstruction being the final element of the SIP to be implemented; WHEREAS, on August 30, 2016, by Resolution No. 030938, the City Council approved the Residential Street Reconstruction Test Project to define the scope and costs of the RSRP; WHEREAS, in a special election held on November 8, 2016, voters approved Proposition 12 for making permanent public improvements or for other public purposes with priority given to the Residential Street Rebuild Program ("Bond 2016"); WHEREAS, on March 21, 2017, by Resolution No. 031088, the City Council approved the concepts, direction and selection criteria for the RSRP ("RSRP Guiding Principles"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves of, supports and directs staff to proceed with implementing the concepts, direction, selection criteria and general work plan for the Bond 2016 Residential Street Rebuild Program attached as Exhibit A hereto. AT EST: CITY OF CORPUS CHRISTI ebecca Huerta oe McComb City Secretary May r INDEXED Corpus Christi, Texas I-M� of-TCj , , 2017 The above resolution was passed by the following vote: Rudy Garza Paulette Guajardo 1 Michael Hunter Debbie Lindsey-OpelL Joe McComb �C Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn 1 . 1285 Bond 2+016 Residential Street Rebuild Project EXHIBIT A Residential Street Rebuild Program (RSRP)Work Plan DISTRICT 1 STR_ID NAME FROM TO LENGTH WIDTH SY Linear PC) Miles 2000 ACACIA MUELLER IH 37 965 24 2,573 0.18 51 117600 BRECKENRIDGE LEIGH WESTLAND 270 24 720 0.05 41 246100 CRAIG BROWNLEE FOURTEENTH 340 24 907 0.06 44 246200 CRAIG FOURTEENTH FIFTEENTH 340 24j 907 0.06 46 246300 CRAIG FIFTEENTH SIXTEENTH 330 24 880 0.06 41 293500 DRISCOLL KENWOOD BLUEBONNET 815 24 2,173 0.15 45 293600 DRISCOLL BLUEBONNET NAYLOR 335 24 893 0.06 39 477000 KENWOOD OLD ROBSTOWN FAIRMONT 370 36 1,480 0.11 55 477100 KENWOOD FAIRMONT FAIRVIEW 555 30 1,850 0.13 55 477200 KENWOOD FAIRVIEW DRISCOLL 135 201 300 0.02 55 477300 KENWOOD DRISCOLL LONGVIEW 210, 241 560 0.04E45 507200 LANCASTER LEOPARD MUELLER 540 48 2,88D 0.20 520400 LEIGH VILLA BRECKENRIDGE 565 24 1,507 0.11 974300 TUMBLEWEED HORSE SHOE FRONTIER 775 24 2,067 0.15974400 TUMBLEWEED FRONTIER OUTPOST 1100 24 2,933 0.21 DISTRICT 1 ALTERNATES 405100 HAMPSHIRE PADRE ISLAND DR. ILANTANA 6601 361 2,640 0.191 43 4052001 HAMPSHIRE LANTANA 1BENYS 26851 281 8,353 1 0.591 54 DISTRICT 2 STR_ID NAME FROM TO LENGTH WIDTH SY Linear PCI Miles 82000 BELTON CROSSTOWN NIAGARA 190 26 549 0.04 52 82100 BELTON NIAGARA BERTRAM 240 26 693 0.05 52 82200 BELTON BERTRAM REYNOSA 235 26 679 0.05 45 87700 BEVLY DEAD END HOLMES 285 241 760 0.05 51 87800 BEVLY HOLMES COLLINGSWOOD 230 24 613 0.04 55 87900 BEVLY COLLINGSWOOD LAN5DOWN 810 24 2,160 0.15 51 103900 BOLIVAR CROSSTOWN NIAGARA 200 24 533 0.04 55 104000 BOLIVAR NIAGARA SARITA 655 24 1,747 0.12 39 127500 BROCK STAPLES LAMBERT 1335 25 3,708 0.26 52 127600 BROCK LAMBERT GOLLIHAR 1000 24 2,667 0.19 39 192100 CHAMBERLAIN STAPLES REID 1120 25 5,247 0.37 61 264800 DALRAIDA DAKIN WILLOW 665 24 1,773 0.13 54 264900 DALRAIDA IWILLOW CARROLL 675 24 1,800 0.13 49 DISTRICT Z ALTERNATES 82300 BELTON REYNOSA SARITA 244 26 693 0.05 49 82400 BELTON SARITA MAC ARTHUR 275 26 794 0.06 37 82500 BELTON MAC ARTHUR GREENWOOD 11751 421 5,483 1 0.391 51 DISTRICT 3 STR_ID NAME FROM TO LENGTH WIDTH SY Linear PCI Miles 103700 BOISDARC GREENWOOD BALSAM 680 24 1,813 0.13 51 103800 BOISDARC BALSAM BLACKJACK 510 24 1,360 0.10 40 237800 CORK DELSTARR WEBER 1240 24 3,307 0.23 44 341400 FLEET BEECHCRAFT RYAN 420 28 1,307 0.49 35 410900 HARRIETT PRESCOTT VESTAL 1175 24 3,133 0.22 5D 615000 MORAVIAN MC ARDLE SPID 1250 28 3,889 0.28 44 1 Bond 2016 Residential Street Rebuild Project EXHIBIT A Residential Street Rebuild Program (RSRP) Work Plan 683400 OHARA MC ALPIN SHEA PKWY 605 24 1,613 0.11 50 1067000 ZARAGOSA GUATEMOZIN VERA CRUZ 390 24 1,040 0.07 43 1067100 ZARAGOSA VERA CRUZ JAIRPORT 250 24 667 0.05 46 DISTRICT 3 ALTERNATES 122400 BRISBANE SARATOGA CLEARWATER 645 26 1,86.3 0.13 51 122500 BRISBANE CLEARWATER CONGRESSIONAL 300 26 867 0.06 53 296100 DUNBROOK WEBER DUNBROOK CIR. 200 24 533 0.04 37 296200 DUNBROOK DUNBROOK CIR. E.DUNBROOK 220 24 587 0.04 45 296300 DUNBROOK E.DUNBROOK W.DUNBROOK 320 24 853 0.06 38 296400 DUNBROOK W. DUNBROOK ELMDALE 295 24 787 0.061 46 296500 DUNBROOK ELMDALE LOCKE 3651 241 973 1 0.071 52 DISTRICT 4 STR_ID NAME FROM TO LENGTH WIDTH SY Linear PCI Miles 1085700 ALAMEDA-RIO VISTA WAVERLY ALAMEDA 695 16 1,236 0.09 44 80100 BELMEADE AIRLINE DICKENS 580 36 2,320 0.16 46 80200 BELMEADE DICKENS RAWLEIGH 295 36 1,180 0.08 30 80344 BELMEADE RAWLEIGH RONSON 270 36 1,080 0.08 49 80400 BELMEADE RONSON BELLEVIEW 360 36 1,440 0.10 3$ 80500 BELMEADE BELLEVIEW GREELY 420 36 1,680 0.12 53 80600 BELMEADE GREELY GOLLIHAR 760 36 3,040 0.22 41 160300 CAPE MAY CAPE FEAR ICAPE HENRY 1 1230 _261-3:5 5-3 0.25 44 331800 FAIRFIELD GREELY ALAMEDA 1050 26 3,033 1 0.22 47 396500 GREER UTICA PURDUE 6351 221 1,552 1 0.11 52 DISTRICT ALTERNATES 508200 L4NSDOWN 1WESLEY 1HARRY 9201 241 2,453 1 0.171 38 508300 LANSDOWN 1HARRY 1GOLLIHAR 13001 241 3,467 1 0.251 45 DISTRICT S 5TR_ID NAME FROM TO LENGTH WIDTH Sy LinearPCI Miles 502600 LAKE TAHOE SUN VALLEY LAKE TAHOE 715 24 1,907 0.14 54 502700 LAKE TAHOE LAKE TAHOE WOLF CREEK 240 24 640 0.05 35 502800 LAKE TAHOE WOLF CREEK SNOWMASS 250 24 667 0.05 42 502,300 1 LAKE TAH OE SNOWMASS SNOWBIRD 235 24 627 0.04 38 598400 MICHAUX FULTON DEAD END 365 24 973 0.07 47 881200 SNOWBIRD LAKE TAHOE SUN VALLEY 875 24 2,333 0.17 51 1046700 WINDOWS GRAND JUNCTION MONARCH 660 24 1,760 0.13 49 1096100 WOOLDRIDGE N SR LOST CREEK STAPLES 420 18 840 0.46 46 1066200 YUKON JORDAN AMAZON 260 36 1,040 0.07 15 1066300 YUKON AMAZON NILE 265 36 1,060 0.08 19 1066400 YUKON NILE VOLGA 265 36 1,060 0.08 35 1066500 YUKON 1VOLGA 1BRAZOS 260 36 1,040 0.07 46 DISTRICT 5 ALTERNATES 403100 HALFPENNY IBROCKHAMPTON 1HAMPTON 1120 241 2,987 07211 54 1053300 WOODGATE 1HEAVENSGATE INORTHGATE 6551 241 1,747 1 0.121 53 2 .G{Ti Y GP C v �y� ti . PACDKwMwrM ��rRM P4 Aly. Residential Street Rebuild Program (RSRP) Bond 2016 Rebuild Project Work Plan Council Presentation October 31, 2017 �a Bond 2016 - $11.OM Residential Street Rebuild Project Presented to Council on February 28, 2017 :-� ��marAQ�:L,u�a Bond Ordinance language: "...for the purpose of making permanent public improvements or for other public purposes,to wit: designing,constructing,renovating,improving,constructing(sic), reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way(including pedestrian and bike traffic lanes),sidewalks,streetscapes,collectors,drainage,landscape,signage,lighting, traffic signals(including networking hardware and software),acquiring lands and rights-of-way necessary thereto or incidental therewith(but specifically excluding related City utility costs,which are the responsibility of the City's utility system),..." Bond 2016 Project $ 11,000,000 Design, Mgmnt, Inspection, ($ 2,200,000) Administration, etc. (20%) Construction $ 8,800,000 �a Apportion Funds By District y , Presented to Council on February 28, 2017 ,pqN TotalSquare Yards District . • . of • Network • . Workedt I — AL "Current Need" AIL I 1 5,191,722 2,803,734 1,471,697 105 23% 25,858 $2,068,639 2 3,675,618 2,279,918 1,481,895 105 24% 26,037 $2,082,973 3 3,262,808 2,009,174 1,099,588 78 18% 19,320 $1,545,596 4 4,528,093 2,761,683 1,273,109 90 20% 22,369 $1,789,500 5 3,696,021 2,308,838 934,318 66 15% 16,416 $1,313,291 Total 20,354,262 12,163,348 6,260,607 445 100% 110,000* $8,800,000 tBased on$80/SY. *Approximately 7.82 linear miles. Representation of Work Quantity Presented to Council on February 28,2017 TYPICAL RESIDENTIAL STREET BLOCK SECTION I I I I I I I I I I I 2,138 SYS= 0.15 MILES N T--T---- T --T Soo, I I h I I I I I I I I PAVEMENT QUANTITY TYPICAL RESIDENTIAL BLOCK -0.15 MILES (800 X 24) 9 = SQUARE YARDS (SYS) 110,000 SYS z 7.82 MILES 2,133 = SYS z 52 TYPICAL RESIDENTIAL BLOCKS 2,133 0.1 0.15 MILES �s Street Selection Steps Presented to Council on February 28, 2017 ➢ Mar. 21, 2017 — RSRP Guiding Principles approved (Resolution 031088) ➢ Select First on PCI score ➢ Identify Streets Removed From SPMP ➢ Distribute Based on District Need - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ➢ Perform Extensive Field Work ➢ Apply Prioritization Criteria A/E ➢ Coordinate with Utilities ➢ Score Candidate Streets against Matrix ➢ Produce Final List for 2018 Work Plan ��s Residential Street Rebuild Program(RSRP) Al ,� y Work Plan Distribution Target (% of Need) Work Plan Dist. 5, Dist. 5, 15% Dist. 1, 15/ Dist. 1, It 23/ 22% Dist. 4, Dist. 4, 0 0 20% Dist. 2, ° Dist. 2, Dist. 3, 24% Dist. 3, 25% 18% 18 SC AGENDA MEMORANDUM Cqq PO PFuture Item for the City Council Meeting of July 17, 2018 hPSE 1852 Action Item for City Council Meeting of July 24, 2018 DATE: July 17, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management iimd(a�cctexas.com (361) 826-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations LawM a)..cctexs.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 c(D.cctexas.com (361) 826-3169 Purchase of Three Trucks for Solid Waste Operations CAPTION: Motion authorizing the purchase of one side loading refuse truck from Rush Truck Center of New Braunfels, Texas, and two self-loading brush trucks from Houston Freightliners of Houston, Texas via HGAC and two Chassis for the trucks from Petersen Industries of Lake Wells, Florida via NJPA for a total amount not to exceed $650,394.80. PURPOSE: This item is to approve the purchase of 2018 model trucks for Solid Waste as per the following breakdown: one side loading refuse truck from Rush Truck Center of New Braunfels, Texas in the amount of $296,804.00, two self-loading brush trucks from Houston Freightliners of Houston, Texas in the amount of $165,180.00 and two Chassis for the trucks from Petersen Industries from Lake Wells, Florida in the amount of $188,410.80. BACKGROUND AND FINDINGS: Solid Waste currently has a requirement to replace one side loading refuse truck and two self-loading brush trucks which are intended to perform various functions within the Solid Waste Department. The units to be replaced are all well past the end of their service lives. All three trucks are replacements. Purchasing the trucks will also eliminate the need to lease. Contracts awarded through Houston-Galveston Area Council aka HGAC and National Joint Powers Alliance aka NJPA have been competitively procured, to assist with compliance with Texas local and state procurement requirements. 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: Solid Waste FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $9,078,778.25 $0.00 $9,078,778.25 Encumbered / Expended Amount $7,577,787.02 $0.00 $7,577,787.02 This item $650,394.80 $0.00 $650,394.80 BALANCE $850,596.43 $0.00 $850,596.43 Fund(s): Solid Waste Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet PRICE SHEET CITY OF CORPUS CHRISTI PURCHASE OF THREE TRUCKS AND TWO PURCHASING DIVISION CHASSIS FOR SOLID WASTE OPERATIONS BUYER: Cynthia Perez Rush Truck Center New Braunfels,Texas ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 1 ISide Loading Refuse Trucks EA 1 $296,804.00 $296,804.00 SUBTOTAL: $296,804.00 Houston Freightliners Houston,Texas ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 1 Side Loading Refuse Truck EA 2 $82,590.00 $165,180.00 Chassis SUBTOTAL: $165,180.00 Petersen Industries Lake Wells, Florida ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 1 ISelf Loading Brush Trucks EA 2 $94,205.40.00 $188,410.80 SUBTOTAL: $1889410.80 GRAND TOTAL: $650,394.80 SC GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 17, 2018 NCORROP pEO 1852 Action Item for the City Council Meeting of July 24, 2018 DATE: July 17, 2018 TO: Keith Selman, Interim City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM(a�cctexas.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(a).cctexas.com (361) 826-3169 Disaster Debris Clearing, Removal and Disposal Services for Two Years Not to Exceed Amount $168,893,230 with Two Two-year Options and a Total Potential Multi-year Amount of up to $506,679,690 CAPTION: Motion authorizing a two-year service agreement to provide disaster debris clearing, removal and disposal services with TFR Enterprises, Inc., of Leander, Texas for $168,893,230, with two two-year options for a total potential multi-year amount of $506,679,690. PURPOSE: This is a motion to approve awarding a contingency service agreement for the Solid Waste Department for disaster debris clearing, removal and disposal services dependent on a Federal Emergency Management Administration (FEMA) declared disaster emergency. BACKGROUND AND FINDINGS: This service agreement is for providing disaster debris clearing, removal and disposal services in accordance with FEMA policies and guidelines necessary during a disaster emergency. The Purchasing Division conducted a Request for Bid process to obtain bids from qualified firms to provide disaster debris clearing, removal and disposal services based on responding to a direct hit of a Category 4 hurricane which would generate approximately 4,000,000 cubic yards of debris within the City limits. The City received four bids and one no-bid for these services and is recommending the award to the lowest responsive, responsible bidder, TFR Enterprises, Inc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: This contract will only be activated in the event of an emergency. Emergency declaration procedures will be performed in accordance with City policy and determined by the size and magnitude of the event. As a contingency contract, certification of funds is not required due to the unknown cost of any event. 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: 2018-2019 Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered / $0.00 $0.00 $0.00 Expended Amount This item $0.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 Fund(s): General Fund Comments: Funding for this contract will initially be drawn from reserve accounts but will likely be reimbursed by FEMA under their disaster recovery reimbursement guidelines. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation BID TUBULATION R1°1 1491 - Disaster Debris Clearing, Removal and Disposal Services Page 1 of S TER Enterprises. Inc. CrowderGult, LLC Ceres Environmental DRC Emergency Services ITEM STAGE 1 - DEBRIS CLEARING SERVICES DESCRIPTION UNIT QTY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 1 Emergency Road Clearance HR 70 $375.00 $26.250.00 $ 340.00 $ 23,800.00 $ 425.00 $ 29.750.00 $ 200.00 $ 14.000.00 2 Debris Removal from Water Bodies (Bays, Rivers, Streams, Canals, Lakes) CY 1,000 $87.00 $87,000.00 $ 135.00 $ 135,000.00 $ 150.00 $ 150,000.00 $ 175.00 $ 175,000.00 3 Removal of Leaning Trees and Hanging Limbs HR 70 $220.00 $15,400.00 $ 220.00 $ 15.400.00 $ 225.00 $ 15,750.00 $ 250.00 $ 17,500.00 4 Demolition of Structures HR 70 $175.00 $12,250.00 $ 340.00 $ 23.800.00 $ 995.00 $ 69,650.00 $ 250.00 $ 17.500.00 6 Skid -Steer Loader (equipment & labor) HR 70 $145.00 $10.150.00 $ 95.00 $ 6,650.00 $ 95.00 $ 6,650.00 $ 65.00 $ 4 550.00 7 Bucket Truck (equipment & labor) HR 70 $210.00 $14,700.00 $ 169.00 $ 11,830.00 $ 235.00 $ 16,450.00 $ 150.00 $ 10.500.00 8 Chipper Mulcher with r Throat (equlpmenl & labor) HR 70 $35.00 $2.450.00 $ 65.00 $ 4,550.00 $ 98.00 $ 6,860.00 $ 125.00 $ 8,750.00 9 Chipper Mulcher with 12' Throat (equipmenl & labor) HR 70 $45.00 $3,150.00 $ 75.00 $ 5,250.00 $ 125.00 $ 8,750.00 $ 155.00 $ 10850.00 10 Crash Truck wllh Impact Attenualor (equipment & labor) HR 70 $110.00 $7,700.00 $ 70.00 $ 4,900.00 $ 98.00 $ 6.860.00 $ 145.00 $ 10,150.00 11 Crew Foreman w/ Cell Phone and Pickup Truck (equipment & labor) HR 70 160.00 $4,200.00 $ 60.00 $ 4,200.00 $ 68.00 $ 4,760.00 $ 50.00 $ 3,500.00 12 Dozer Tracked D5 or Equivalent (equipment & labor) HR 70 $85.00 $5.95000 $ 120.00 $ 8,400.00 $ 145.00 $ 10,150.00 $ 150.00 $ 10,500.00 13 Dozer Tracked 06 or Equivalent (equipment & labor) HR 70 $115.00 $8,050.00 1 165.00 $ 11.550.00 $ 155.00 $ 10.850.00 $ 200.00 1 14,000.00 14 Dozer Tracked D7 or Equivalent (equipment & labor) HR 70 $175.00 $12.250.00 $ 175.00 $ 12,250.00 $ 160.00 $ 11.200-00 $ 200.00 $ 14,000.00 15 Dozer Tracked D8 or Equivalent (equipment & labor) HR 70 $190.00 $13,300.00 $ 205.00 $ 14,350.00 $ 175.00 $ 12,250.00 $ 200.00 $ 14,000.00 16 Dump Truck 16 - 20 CY capacity (equipment & labor) HR 70 1155.00 $10.850.00 $ 90.00 $ 6,300.00 $ 82.00 $ 5,740.00 $ 75.00 $ 5,250.00 17 Dump Truck 21 - 30 CY capacity (equipment & labor) HR 70 $165.00 $11.550.00 $ 96.00 $ 6,720.00 $ 86.00 1 6.020.00 $ 85.00 $ 5,950.00 18 Dump Truck 38 +/- CY capacity (equipment & labor) HR 70 $175.00 $12.250.00 $ 11001 $ 7,700.00 $ 89.00 $ 6.230.00 $ 90.00 $ 6 300.00 19 Generator 5.5-25kwcapacily HP 70 $20.00 $I,400.00 $ 20.00 $ 1,400.00 1 37.66 $ 2,636.20 $ 30.00 $ 2,100.00 20 Generator 200.250 kw capacity HR 70 $30.00 $2,100.00 $ 350.00 $ 24,500.00 $ 405.43 $ 28,380.10 $ 150.00 $ 10,500.00 21 Generator 2500 kw capacity HR 70 $70.00 $4,900.00 $ 1,280.00 $ 89,600.00 $ 3,287.72 $ 230,140.40 $ 250.00 $ 17.500.00 22 tight Plant with Fuel and Support HR 70 $40.00 $2.800.00 $ 30.00 $ 2,100.00 $ 34.00 $ 2,380.00 $ 25.00 $ 1,750.00 23 Grader w/12 Blade minimum 30,000 lbs. (equipment & labor) HR 70 $110.00 $7,700.00 $ 120.00 $ 8.400.00 $ 165.00 $ 11,550.00 $ 100.00 $ 7,000.00 Page 1 of S DEM STAGE 1 - DEBRIS CLEARING SERVICES DESCRIPTION (CONTINUED) UNIT QTY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 24 Hydraulic Excavator, 1.5 CY, including equipment and labor HR 70 $145.00 $I0,150.00 $ 97.00 $ 6,790.00 $ 178.00 $ 12.460.00 $ 135.00 $ 9,450.00 25 Hydraulic Excavator, 2.5 CY, Including equipment and labor HR 70 $165.00 $11.550.00 $ 130.00 $ 9,100.00 $ 185.00 $ 12,950.00 $ 145.00 $ 10,150.00 26 Knuckleboom Loader, Including equipment and labor HR 70 $275.00 $19.250.00 $ 140.00 $ 9,800.00 $ 145.00 $ 10,150.00 $ 250.00 $ 17.500.00 27 Chainsaw (equipment and labor( HR 70 $50.00 $3.500.00 $ 44.00 $ 3,080.00 $ 52.00 $ 3,640.00 $ 45.00 $ 3,150.00 28 Labor w/small loots traffic Control flag Person HR 70 $40.00 $2.800.00 $ 38.00 $ 2,660.00 $ 39.00 $ 2,730.00 $ 40.00 $ 2.800.00 29 Lowboy Trailer wilrockor, including equipment and labor HR 70 $110.00 $7,700.00 $ 130.00 $ 9,100.00 $ 112.00 $ 7.840.00 $ 100.00 $ 7,000.00 30 tog Skidder, including equipment and labor HR 70 $120.00 $8,400.00 $ 95.00 $ 6,650.00 $ 165.00 $ 11,550.00 $ 50.00 $ 3,500.00 31 Mobile Crane up la 15 Ton, including equipment and labor HR 70 $200.00 $14.000.00 $ 160.00 $ 11,200.00 $ 199.00 $ 13,930.00 $ 175.00 $ 12,250.00 32 Operations Manager w/Cell Phone and Pickup (equipment and labor( HR 70 $65.00 $4,550.00 $ 60.00 $ 4,200.00 $ 92.00 $ 6,440.00 $ 65.00 $ 4,550.00 33 Pump, 95 HP ( Minumum 25' Intake and 200' Discharge to include fuel and Supporl Peaonel HR 70 $200.00 $14,000.00 $ 44.00 $ 3.080.00 $ 39.00 $ 2,730.00 $ 150.00 $ 10,500.00 34 Pump, 200 HP( Minumum 25' Inlake and 200' Discharge lo include fuel and Support Personal HR 70 $300.00 $21,000.00 $ 70.00 $ 4,900.00 $ 65.00 $ 4,550.00 $ 250.00 $ 17,500.00 35 Pump, 650 HP ( Minumum 25' Inlake and 200' Discharge to include fuel and Support Personal HR 70 $450.00 $31,500.00 $ 105.00 $ 7,350.00 $ 98.00 $ 6,860.00 $ 400.00 $ 28.000.00 36 Pickup Truck. 1/2 Ton. including equipment and labor HR 70 $60.00 $4,200.00 $ 40.00 $ 2.800.00 $ 16.00 $ 1,120.00 $ 20.00 $ 1,400.00 37 Pickup Truck. 1 ton. Including equipment and labor, as per specification per hour HR 70 $75.00 $5,250.00 $ 45.00 $ 3,150.00 $ 19.00 $ 1,330.00 $ 25.00 $ 1,750.00 38 Skid-Sleer Loader, 1,500 LB Operating Capacily (w) utility grapple), Including equipment and labor HR 70 $140.00 $9.800.00 $ 95.00 $ 6,650.00 $ 75.00 $ 5,250.00 $ 75.00 $ 5250.00 39 Skid•Sleer Loader, 2,500 LB Operating Capadly (w/ Wilily grapple(. Including equipment and labor HR 70 $165.00 $I1,550.00 $ 95.00 $ 6,650.00 $ 85.00 $ 5,950.00 $ 75.00 $ 5,250.00 40 Soil Compactor 80 HP, includng equipment and labor HR 70 $70.00 $4,900.00 $ 95.00 $ 6,650.00 $ 95.00 $ 6.650.00 $ 65.00 $ 4,550.00 41 Soil Compactor 81 HP+. Including equipment and labor HR 70 $80.00 $5.600.00 $ 105.00 $ 7,350.00 $ 105.00 $ 7.350.00 $ 85.00 $ 5,950.00 42 Soil Compactor Towed Unit, Including equipment and labor HR 70 $120.00 $8,400.00 $ 52.00 $ 3,640.00 $ 130.00 $ 9,100.00 $ 50.00 $ 3,500.00 43 Stump Grinder 30" diameler or Tess, including equipment and labor HR 70 $135.00 $9.450.00 $ 100.00 $ 7,000.00 $ 65.00 $ 4,550.00 $ 245.00 $ 17,150.00 44 Traffic Control Temporary single lane Closure, including equipment and labor HR 70 $70.00 $4,900.00 $ 78.00 $ 5,460.00 $ 36.00 $ 2,520.00 $ 135.00 $ 9,450.00 45 Tree Climber w/chainsaw and gear. including equipment and labor HR 70 $50.00 $3,500.00 $ 122.00 $ 8,540.00 $ 78.00 $ 5,460.00 $ 70.00 $ 4.900.00 46 Truck flatbed. including equipment and labor HR 70 $100.00 $7,000.00 $ 52.00 $ 3,640.00 $ 92.00 $ 6,440.00 $ 90.00 $ 6,300.00 47 lub Grinder 800 to 1,000 HP, including equipment and labor HR 70 ,$350.00 $24,500.00 $ 600.00 $ 42,000.00 $ 425.00 $ 29,750.00 $ 400.00 $ 28,000.00 Pile 2 of 5 ITEM STAGE 1 - DEBRIS CLEARING SERVICES DESCRIPTION (CONTINUED) UNIT OTY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 48 Wasle Collection Rear Loader Truck, including equipment and labor HR 70 $175.00 $12.250.00 $ 180.00 $ 12,600.00 $ 165.00 $ 11550.00 $ 190.00 $ 13,300.00 49 Water Truck , 2.500 gal (Non-Polable, Dust Control and Pavement Maintenance), including equipmenl and labor HR 70 $110.00 $7,700.00 $ 78.00 $ 5,460.00 $ 92.00 $ 6,440.00 $ 25.00 $ 1,750.00 50 Wheel Loader 2.5 CY. 950 or equivalent, including equipment and labor HR 70 $165.00 $11,550.00 $ 140.00 $ 9,800.00 $ 125.00 $ 8,750.00 $ 150.00 $ 10,500.00 51 Wheel Loader 3.5 to 4 CY. 966 or equivalent. including equipment and labor HR 70 $175.00 $12,250.00 $ 160.00 $ 11,200.00 $ 139.00 $ 9,730.00 $ 160.00 $ 11,200.00 52 Wheel Loader 4.5 CY, 980 or equivalent, including equipment and labor HR 70 $195.00 $13,650.00 $ 205.00 $ 14,350.00 $ 149.00 $ 10,430.00 $ 175.00 $ 12,250.00 53 Wheel Loader -Backhoe 1.0-1.5 CY, including equipment and labor HR 70 $135.00 $9.450.00 $ 130.00 $ 9.100.00 $ 112.00 $ 7.840.00 $ 135.00 $ 9,450.00 54 A6 Curtain Pit Burner, including equipment and labor HR 70 $75.00 $5,250.00 $ 52.00 $ 3,640.00 $ 85.00 $ 5,950.00 $ 100.00 $ 7,000.00 55 Air Curtain Refadory, Incinerator, including equipmenl and labor FIR 70 $85.00 $5.950.00 $ 90.00 $ 6,300.00 $ 132.00 $ 9,240.00 $ 100.00 $ 7,000.00 Subtotal for Items 1 - 55 $601,850.00 $ 682,540.00 $ 904,236.70 $ 673,400.00 ITEM STAGES 2 s 3 - DEBRIS REMOVAL t DISPOSAL SERVICES DESCRIPTION UNIT QTY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 56 TDSR Site Peparallon and Management 1.5 1 $1,000.00 $1,000.00 $ 9,800.00 $ 9,800.00 $ 15,000.00 $ 15.000.00 $ - $ 57 TDSR Site Closure L5 1 $15.000.00 $15,000.00 $ 6,500.00 $ 6,500.00 $ 35,000.00 $ 35,000.00 $ - $ 58 Debris Removal from Public Property or maintained Public Rights of Way and Haul to a designated TOSR site or Final Disposal 50e 0 to 15 miles (one-way miles) CY 4,000,000 $8.00 $32,000,000.00 $ 7.95 $ 31,800,000.00 $ 10.74 $ 42.960.000.00 $ 10.00 $ 40,000.000.00 59 Debris Removal from Public Property or maintained Public Rights a1 Way and Haul to a designated TDSR site or Final Disposal Site 16 to 30 miles (one-way miles) CY 4,000,000 $8.00 $32,000,000.00 $ 8.60 $ 34,400.000.00 $ 11.00 $ 44,000,000.00 $ 10.50 $ 42,000,000.00 60 Debris Removal from Public Property ar maintained Public Rights of Way and Haul to a deslgnoied TDSR site or Final Disposal Sile 31 to 60 miles (one-way miles) CY 4,000,000 $9.00 $32,000,000.00 $ 9.40 $ 37,600,000.00 $ 11.20 $ 44,800,000.00 $ 10.50 $ 42,000,000.00 61 Debris Removal from Temporary Debris Storage and Reduction 21e (TDSRS) and Hauling to Final Disposal Sile 0 Io15 one way miles CY 4,000,000 $5.00 $20.000,000.00 $ 3.00 $ 12,000,000.00 $ 2.25 $ 9.000,000.00 $ 4.00 $ 16,000,000.00 62 Debris Removal Irom Temporary Debris Storage and Reduction Sile (TDSRSJ and Hauling to Final Disposal Sile 16 to 30 one way miles CY 4,000.000 $5.00 $20,000,000.00 $ 4.60 $ 18,400,000.00 $ 2.74 $ 10.960.000.00 $ 4.00 $ 16,000,000.00 63 Debris Removal from Temporary Debris Storage and Reduction Site (TDSRS) and Hauling to Final Disposal Sile 31 to 60 one way miles CY 4,000,000 $5.00 $20,000.000.00 $ 7.80 $ 31.200,000.00 $ 3.00 $ 12,000,000.00 $ 4.00 $ 16,000,000.00 64 Vegetative Debris Removal from Public Property ar maintained Public Rights of Way and Haul to a designated TDSR site or Final Disposal Site 0 to 15 miles (one-way miles) CY 120,000 $9.00 $1.080,000.00 $ 7.95 $ 954,000.00 $ 10.74 $ 1,288,800.00 $ 9.50 $ 1.140,000.00 65 Rights of Way and Haul to a designated TDSR site or Final Disposal Site 16 to 30 miles (one-way miles) CY 120.000 $9.00 $1.080,000.00 $ 8.60 $ 1,032,000.00 $ 11.00 $ 1,320,000.00 $ 10.00 $ 1.200,000.00 66 Vegetalive Debris Removal from Public Properly or maintained Public Rlghis of Way and Haul to a designated TDSR site or Final Disposal Sile 31 to 60 miles (one-way miles) CY 120,000 $9.00 $1,080,000.00 $ 9.40 $ 1,128.000.00 $ 11.20 $ 1,344,000.00 $ 10.00 $ 1,200.000.00 67 Vegetative Debris Removal from Temporary Debris Storage and Reduction Sile (TDSRS) and Hauling lo Final Disposal Site 0 Io15 one way miles CY 120,000 $6.00 $720,000.00 $ 3.00 $ 360.000.00 $ 2.25 $ 270,000.00 $ 5.00 $ 600,000.00 Page 3 of 5 ITEM STAGES 2 & 3 - DEBRIS REMOVAL & DISPOSAL SERVICES DESCRIPTION (Continued) UNIT QTY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 68 Vegetative Debris Removal from Temporary Debris Storage and Reduction 511e ITDSRS) and Hauling to Fnal Disposal Sile 16 to 30 one way miles CY 120.000 $6.00 $720,000.00 $ 4.60 $ 552,000.00 $ 2.74 $ 328,800.00 $ 5.00 $ 600,000.00 69 Vegetative Debris Removal from Temporary Debris Storage and Reducllon Site (TDSRS) and Hauling 10 Final Disposal Site 31 to 60 one way miles CY 120,000 $6.00 $720,000.00 $ 7.80 $ 936.000.00 $ 3.00 $ 360,000.00 $ 5.00 $ 600,000.00 70 Hauling oI White Goods such as: Refrigerators, Washer. Dryers. Freezers, Air Conditioners, Stoves, Wale( Heater and Dishwasher to a designaled TDSR Site for recycling EA 300 $60.00 $18,000.00 $ 55.00 $ 16,500.00 $ 55.00 $ 16,500.00 $ 60.00 $ 18,000.00 71 Relridgeralors. Freezers and Air Condilloners requiring refridgerant recovery management and decontamination EA 100 $75.00 $7,500.00 $ 40.00 $ 4,000.00 $ 49.00 $ 4,900.00 $ 60.00 $ 6,000.00 72 Hauling and Disposal of Damaged Electronics such as lelevisioru. computer hardware, microwaves, radios, stereos, DVD players and telephones. EA 500 $10.00 $5,000.00 $ 40.00 $ 20.000.00 $ 42.00 $ 21,000.00 $ 50.00 $ 25.000.00 75 Pick up and Disposal of Hazardous Malerlal LB 1.000.000 $0.50 $500.000.00 $ 4.75 $ 4,750,000.00 $ 1.00 $ 1,000,000.00 $ 3 95 $ 3,950,000.00 76 Dead Animal Carcasses Collection, Transparlalion and Disposal LB 1,000 $1.00 $1.000.00 $ 1.50 $ 1,500.00 $ 1.44 $ 1.440.00 $ 2 95 $ 2.950.00 77 Hazardous Stump Removal 8. Hauling to Disposal Site per cubic yard according to slump conversion table attachment E {includes backfilling of stump holes) CY 750 $65.00 $48.750.00 $ 48.00 $ 36,000.00 $ 49.25 $ 36.937.50 $ 25 50 $ 19.125.00 78 Removal and disposal of hazardous trees 6" TO 12.99 in diameter and hauling to TORS or designated final disposal site. EA 500 $125.00 $62.500.00 $ 45.00 $ 22,500.00 $ 125.00 $ 62 500.00 $ 50.00 $ 25.000 00 79 Removal and disposal of hazardous trees 13" TO 24.99" In diameler and hauling to TORS or designated final disposal slle. EA 250 $295.00 $73 750.00 $ 95.00 $ 23,750.00 $ 295.00 $ 73.750.00 $ 95.00 $ 23,750.00 80 Removal and disposal of hazardous trees 25"10 36.99" In diameter and hauling to TORS or designated final disposal site. EA 500 410.00 205,000.00 $ 190.00 $ 95,000.00 $ 395.00 $ 197.500.00 $ 155.00 $ 77.500.00 81 Removal and disposal of hazardous trees 37" TO 48.99" in diameter and hauling to TORS or designated final disposal silo. EA 250 640.00 160,000.00 $ 290.00 $ 72,500.00 $ 495.00 $ 123.750.00 $ 265.00 $ 66.250.00 82 Removal and disposal of hazardous trees 49" and larger in diameter and hauling to TORS or designaled final disposal site. EA 100 800.00 80,000.00 $ 350.00 $ 35,000.00 $ 695.00 $ 69.500.00 $ 375.00 $ 37.500.00 83 Temporary Debris Staging and Reducllon Sile Operalion, debris acceptance and pile management CY 4,000,000 0 15 600000.00 $ 0.15 $ 600.000.00 $ 2.89 $ 11 560,000.00 $ 0.50 $ 2.000.000.00 84 Volume reduction of debris through grinding and or chipping CY 1,000,000 3.35 3 350,000.00 $ 3.75 $ 3,750,000.00 $ 325 $ 3 250,000.00 $ 4.00 $ 4,000,000.00 85 Volume reduction of debris through air incineration . CY 1.000,000 1.35 1 350,000.00 $ 250 $ 2,500.000.00 $ 1 48 $ 1 480,000.00 $ 1.00 $ 1.000,000.00 86 Baseline soil sampling 1Pre & Posl•useJ EA 40 500.00 20,000.00 $ 400.00 $ 16,000.00 $ 100.00 $ 4,000.00 $ 500.00 $ 20,000.00 87 Groundwater sampling Per & Posl•use EA 20 250.00 5,000.00 $ 800.00 $ 16.000.00 $ 100.00 $ 2.000.00 $ 1250.00 $ 25,000.00 Sublolal lot Rem! 56 - 87 167.902.500.00 $ 182.337,050.00 $ 186.585.377 50 0 $ 188.636.075.00 ITEM STAGE 4 • HIRW SERVICES DESCRIPTION UNIT QTY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 88 Removal and Hauling of Hazardous Waste lo Processing Sile 0 lo 15 miles Miles 10 $65.00 $650.00 _ $ 7.00 $ 70.00 $ 125.00 $ 1.250.00 7.501 Pound $ 75.00 89 Removal and Hauling of Hazardous Waste 10 Processing Site 16 to 30 miles Miles 20 $75.00 $1.500.00 $ 7.00 $ 140.00 $ 225.00 $ 4.50000 7.501 Pound $ 75.00 Page 4 of 5 ITEM STAGE 4 - HTRW SERVICES DESCRIPTION (Continued) UNIT QTY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 90 Removal and Hauling of Hazardous Waste 10 Processing Silo 31 to 60 miles Miles 30 $95.00 $2,850.00 $ 7.00 $ 210.00 $ 450.00 $ 13.500.00 7.50 / Pound $ 75.00 91 Waste Cotegarizalion SompIIng and Analysis LS 1 $500.00 $500.00 $ 4,500.00 $ 4,500.00 $ 2,500.00 $ 2,500.00 $ 2.150.00 $ 2.150.00 92 Liquid Waste Disposal in 55 gallon drums using incineration method of disposal EA 300 $I,000.00 $300,000.00 $ 350.00 $ 105,000.00 $ 350.00 $ 105,000.00 $ 360.00 $ 108,000.00 93 Liquid Waste Disposal in 55 gallon drums using injection method oI disposal EA 40 $1,000.00 $40,000.00 $ 800.00 $ 32,000.00 $ 350.00 $ 14,000.00 $ 285.00 $ 11,400.00 94 Liquid Waste Disposal in 2,800 Gallon Vacuum Truck using injection melhod of disposal EA 4 $4,000.00 $16,000.00 $ 6,000.00 $ 24,000.00 $ 3,450.00 $ 13,800.00 $ 2,150.00 $ 8.600.00 96 Liquid Wasle Disposal in 2.800 Galton Vacuum Truck using incineration method of dsposal EA 4 $4,000.00 $16,000.00 $ 4,200.00 $ 16.800.00 $ 3.450.00 $ 13.800.00 $ 32,000.00 $ 128.000.00 97 Dry Harzordous Waste Disposal Roll 01 Box for disposal at Landfill {TOTAL CAPACITY 200,000 POUNDS) LB 20 $1.00 $20.00 $ 2,150.00 $ 43,000.00 $ 5.00 $ 100.00 $ 575.00 $ 11,500.00 98 Accident Spill Kits EA 10 $500.00 $5,000.00 $ 250.00 $ 2,500.00 $ 250.00 $ 2.500 00 $ 2.150.00 $ 21,500.00 99 Manliest Preparation EA 10 $200.00 $2,000.00 $ 75.00 $ 750.00 $ 20.00 $ 20000 $ 215.00 $ 2,150.00 Subtotal for Items 80 - 99 $384 520.00 $ 278,970.00 $ ' 71.1r.. rfl $ 293.52500 CONTRACTOR PERSONNEL ITEM ADMINISTRATIVE PERSONNEL UNIT QTY UNIT COST TOTAL COST UNIT COST TOTAL COST TOTAL COST UNIT COST TOTAL COST 100 Senior Project Coordinator HR 8 $60.00 480.00 $ 70.00 $ 560.00 $ 840.00 $ 90.00 $ 720.00 101 Feld Project Manager HR 8 $55.00 440.00 $ 60.00 $ 480.00 $ 704.00 $ 85.00 $ 680.00 102 Program/Documenlallon Manager HR 8 155.00 440.00 $ 60.00 $ 480.00 $ 600.00 $ 90.00 $ 720.00 COLLECTION SITE MANAGEMENT PERSONNEL Hg 8 $40.00 320.00 $ $ $ 103 Held Project Supervisor HR 8 $60.00 480.00 $ 45.00 $ 360.00 $ 600.00 $ 65.00 $ 520.00 104 Safely Manager HR 8 $55.00 440.00 $ 50.00 $ 400.00 $ 60000 $ 85.00 $ 680.00 105 Debris Reduction Manager HR 8 $55.00 440.00 1 50.00 $ 400.00 $ 544.00 $ 65.00 $ 520.00 106 Chemist HR 8 $55.00 440.00 $ 65.00 $ 520.00 $ 680.00 $ 70.00 $ 560.00 107 Waste Pickup Crew Hazardous Material {HMI Field Technician HR 8 $55.00 440.00 $ 110.00 $ 880.00 $ 2,200.00 $ 85.00 $ 680.00 108 Waste Separation Crew HM field Technicians HR 8 $55.00 440.00 $ 55.00 $ 440.00 $ 2,200.00 1 45.00 $ 360.00 Subtotal for Items 100 - 108 4 360.00 $ 4 520.00 $ 8.968.00 $ 5,440.00 Grand Tolal for Hems 1 - 108 168,893"2::,:'::0 $ 183,253080.00 $ 187.669.732 20 $ 189.608.440.00 Note: Totals Sated above are based on unR pricing. • Enoch Group submitted a No lid. Pate 5 of 5 SC 0 > SERVICE AGREEMENT NO. 1491 U Disaster Debris Clearing, Removal and Disposal Services bO RPOR Af� 1852 THIS Disaster Debris Clearing, Removal and Disposal Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and TFR Enterprises, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Disaster Debris Clearing, Removal and Disposal Services in response to Request for Bid/Proposal No. 1491 ("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 Disaster Debris Clearing, Removal and Disposal 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 24 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 24-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 $168,893,230.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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 - Federal Funding Page 1 of 7 Approved as to Legal Form 3/6/18 Name: Norma Salinas Department; Solid Waste Operations Phone: 361-826-1977 Email: NormaS@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. Service Agreement Standard Form - Federal Funding Page 2 of 7 Approved as to Legal Form 3/6/18 (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 and Changes. 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. Any changes that alter the Service Agreement Standard Form - Federal Funding Page 3 of 7 Approved as to Legal Form 3/6/18 method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 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 St., Corpus Christi, TX 78415 Phone: (361 ) 826-1977 Fax: (361 ) 826-1971 IF TO CONTRACTOR: TFR Enterprises, Inc. Attn: Tiffany Jean Title: Contract Administrator Address: 601 Leander Drive, Leander, Texas 78641 Phone: 512-260-3322 ext. 200 Fax: 512-528-1942 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form - Federal Funding Page 4 of 7 Approved as to Legal Form 3/6/18 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) Termination for Cause. 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) Termination for Convenience. 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. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. 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. 21. 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 Service Agreement Standard Form - Federal Funding Page 5 of 7 Approved as to Legal Form 3/6/18 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. 22. 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). 23. 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. 24. 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. 25. 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. 26. 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. 27. Federal Funding Requirements. This project is subject to requirements provided for Federal Emergency Management Agency (FEMA) and/or other federally-funded projects. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as FEMA or its designee may by appropriate instructions require, a copy of applicable prevailing wage decision, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be Service Agreement Standard Form - Federal Funding Page 6 of 7 Approved as to Legal Form 3/6/18 responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. CONTRACTOR Signature: Printed Name: Title: Date: /�u 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 Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1491 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form - Federal .Funding Page 7 of 7 Approved as to Legal Form 3/6/18 ATTACHMENT A - SCOPE OF WORK 1. General Requirements/Background Information A. Background This is a contingency contract that will be activated upon in the event of an emergency to include hurricanes, tornadoes, or other natural disasters that may cause harm and destruction to property and infrastructure located within the city limit boundaries of the City of Corpus Christi. B. General Requirements 1 . This contract will be activated only in the face of a storm related emergency at the discretion of the City. As such, no compensation will accrue to the Contractor unless and until the contract is activated either in anticipation of a natural or man-made disaster or immediately after such disaster. 2. The Contractor may utilize both local and non-local resources to carry out the debris removal and disposal and Hazardous, Toxic or Radiological Waste (HTRW) work. The Contractor must have the capacity to manage a major workforce and to cover the expenses associated with a major recovery operation prior to the initial City payment and before subsequent payments, as well as the capacity to provide the necessary insurance, equipment, personnel, comprehensive HTRW operation plans, and demonstrable experience in major disaster recovery projects. The Contractor must also have established management teams, an established network of resources to provide the necessary equipment, personnel, comprehensive debris removal and volume reduction operations plans, and demonstrable experience in major disaster recovery projects. 3. The Contractor shall manage the debris clearing and removal, and the hazardous waste services collection, characterization, packaging, transportation, and disposal of Hazardous, Toxic or Radiological Waste (HTRW) after a storm or disaster event. Notwithstanding, the City reserves the right to award additional contracts if, in the judgment of the Solid Waste Director, additional capacity is needed due to the amount of work to be performed, volume of debris, quantity of HTRW, time requirements, or rate of progress. If additional contracts are awarded, the Contractor will be notified. The Contractor will be informed which Temporary Debris Staging and Reduction (TDSR) sites are to be used. If necessary, the City will establish additional TDSR sites. In addition, the City reserves the right of automatic assignability of work to other Contractors if the primary Contractor is unable to perform the services required by this contract. RFP Template 09.13.17 Page 18 of 64 4. The Contractor must handle, properly dispose, contain and transport debris management activities in accordance with applicable Federal, State and local regulations, which may include the Federal Emergency Management Agency (FEMA), Federal Highway Administration (FHWA), Texas Department of Transportation (TxDOT), Texas Department of Health (TDH), Natural Resources Conservation Services (NRCS), Historical Preservation Office (SHPO), and the Texas Commission on Environmental Quality (TCEQ) or other regulations as determined by the City. 5. The Contractor is required to participate in annual City-directed disaster recovery training and/or exercises. The Contractor shall provide training to project approach, which includes tasks in each of the phases: initiation, mobilization, execution, and closeout. Annual disaster training shall be conducted each year on the month of May. 2. Scope of Work A. The Contractor shall provide storm/disaster debris clearing, removal, and disposal operations within the city limits; to include hazardous waste disposal services. Exhibit A, "Debris Management Zones/City Maps", defines the City limits. B. The Contractor will serve as a general Contractor for the purpose of debris clearing, removal, and disposal operations. The Contractor will use resources to meet the obligations of the contract. C. To facilitate management of the debris clearance, removal and disposal operations, the City has been divided into seven Debris Management Zones 1 through 7. (See Exhibit A). When a major disaster occurs or is imminent, the Solid Waste Director will contact the Contractor and inform him/her of the City's intent to activate the contract for debris clearance, removal, and disposal. D. The Contractor will send a management team to the City within 24 hours of receiving a Notice to Proceed to begin planning for the operations and mobilizing the personnel and equipment as necessary to perform the work. The general concept of debris removal operations includes multiple, scheduled passes of each site, location, or right-of-way directed by the Solid Waste Director. This will allow citizens to return to their properties and bring debris to the rights-of-way as recovery progresses. The City will prescribe the specific procedures to be used after ascertaining the scope and nature of the disaster's impacts. E. Debris removal will be limited to eligible debris in, upon, or brought to City streets and roads, rights-of-way, municipal properties and facilities, and other public sites. The Contractor will be responsible for determining the method and manner of all debris clearance, removal, and lawful disposal operations consistent with Local, State and Federal regulations. Disposal of debris may be at any lawful site selected by the City or at City-designated TDSR sites. The Contractor shall be responsible for the lawful final disposal of all debris and debris reduction by-products deposited at the TDSR site. RFP Template 09.13.17 Page 19 of 64 F. The City has three pre-designated TDSR sites for the sole purpose of the temporary storage and reduction of clean woody debris and construction and demolition (C&D) materials. No other debris management operations will be allowed on these sites. The Contractor will operate the TDSR sites, and only City vehicles, Contractor vehicles, and others specifically authorized by the City will be allowed to use the sites. G. The City may also establish homeowner drop-off sites for debris. The Contractor will be responsible for removing all debris from those sites daily and transporting it to a TDSR site or authorized landfill. H. This project is divided into four stages: a. Stage 1 - Emergency Roadway Debris Clearing, b. Stage 2- Public Rights-of-Way Debris Removal, c. Stage 3 - Temporary Debris Staging and Reduction (TDSR) Site Operation and Debris Disposal d. Stage 4 - Hazardous, Toxic or Radiological Waste (HTRW) Disposal Planning & Management. I. Stage 1 will be performed on a time and materials basis, and Stages 2, 3 and 4 are to be performed on a unit price basis. J. The Stages will be discussed more specifically in each section follow: 3. Stage 1: Emergency Roadway Debris Clearing Stage 1 consist of clearing roadway debris to the side of the road to open key access routes into devastated areas and allow for the movement of emergency vehicles, law enforcement, resumption of critical services, and damage assessment of critical public facilities and utilities. A. At least one lane must be cleared on each arterial, major, and secondary road after the storm/disaster event has subsided within the specified timeframe. B. First Clearing Priorities are to provide ingress and egress to/from the following facilities: 1 . Police Department 2. Fire Stations 3. Corpus Christi International Airport 4. Hospitals C. Secondary Clearing Priorities are to provide ingress and egress to/from the following facilities: 1 . City Hall 2. City Service Center 3. County Courthouse RFP Template 09.13.17 Page 20 of 64 4. Maintenance Services 5. Water Filtration Plants 6. Wastewater/Sewage Treatment Plants 7. Other Facilities so designated by the Solid Waste Operations Director D. Clearing is required at each facility listed above, as well as the roadways leading to the facility to clear connecting roadways and provide access from arterial roadways. Specific facilities are listed under Exhibit C, "Clearing Priorities". E. Clearing priorities above may be adjusted by the Solid Waste Operations Director at any time during recovery operations. F. Clearing Operations must commence as soon as possible after the storm/disaster event has subsided, but no later than 12 hours from the time the Notice to Proceed is issued by the Solid Waste Operations Director. The duration of the clearing operations will be limited to a total of 70 hours. The Contractor must provide sufficient equipment and labor to accomplish clearing of first priority sites within 24 hours and secondary priority sites within 36 hours and all other sites within 70 hours of receiving Notice to Proceed. G. Stage 1 Clearing will be limited to no more than 70 hours under the Time and Materials portion of this contract. Stage 1 Clearing operations will not continue unless specifically approved in writing by the Solid Waste Operations Director. The Solid Waste Operations Director reserves the right to discontinue the clearing operations as deemed necessary. Extension of the clearing operations past the 70 hours must be approved in writing by the Solid Waste Operations Director. 4. Stage 2: Public Rights-of-Way Debris Removal Stage 2 consist of the removal and transport of eligible disaster-generated debris from designated street or highway rights-of-way or public property to a designated Temporary Debris Staging and Reduction (TDSR) site or approved landfill. The Contractor shall be familiar with FEMA Publication 325 Debris Management Guide which is specifically dedicated to the rules, regulations, and policies associated with the debris removal process including hazardous leaning trees, hanging limbs and hazardous stumps, and etc. A. The City has three pre-designated TDSR sites for the sole purpose of the temporary storage and reduction of clean woody debris and construction and demolition (C&D) materials. (See Exhibit B and D). No other debris management operations will be allowed on these sites. The Contractor will operate the TDSR sites, and only City vehicles, Contractor vehicles, and others specifically authorized by the City will be allowed to use the sites. RFP Template 09.13.17 Page 21 of 64 B. The City may also establish homeowner drop-off sites for debris. The Contractor will be responsible for removing all debris from those sites daily and transporting it to a TDSR site or authorized landfill. C. The Solid Waste Operations Director reserves the right to increase or decrease the scope of the removal activity as deemed necessary to ensure effective management of the overall debris removal/disposal operations. D. At the Solid Waste Operations Director's option, the scope of work for Stage 2, Removal, may be expanded to include public parks, other recreational areas, drainage structures and channels, and reservoirs. E. The debris removal process must be initiated promptly and conducted in an orderly, effective manner in order to protect public health and safety following a major storm disaster or catastrophic event. F. The Contractor must begin debris removal operations within 24 hours of receiving the Notice-to-Proceed and be underway in all zones within 5 days. Schedules for all other roads/streets will be determined in concert with the Solid Waste Operations Director. These operations are to be fully integrated with the TDSR site operations. G. Removal may begin earlier and, if approved by the Solid Waste Operations Director, may be combined with Rights-of-Way clearing operations, provided the equipment so used will be billed on a unit cost basis rather than on a time and materials basis. H. In general, but not exclusively, this stage consists of curbside debris removal on City public Rights-of-Way and residential curb-side areas within City limits. Types of debris materials include, but are not limited to, trees, woody debris, brush, sand, gravel, building wreckage, construction and demolition (C&D), personal property, and household furnishings deposited at the curb. Exhibit D, "Debris Classification", describes the types of debris that may be encountered. I. Debris removal will be limited to eligible debris in, upon, or brought to City streets and roads, rights-of-way, municipal properties and facilities, and other public sites. The Contractor will be responsible for determining the method and manner of all debris clearance, removal, and lawful disposal operations consistent with Local, State and Federal regulations. Disposal of debris may be at any lawful site selected by the City or at City-designated TDSR sites. The Contractor will be responsible for the lawful final disposal of all debris and debris reduction by-products deposited at the TDSR site. J. Rights-of-Way White Goods Debris Removal: White goods containing refrigerants must first have such refrigerants removed by the Contractors qualified technicians prior to mechanical loading. White goods can be collected without first having refrigerants removed if the white goods are manually placed into a hauling vehicle with lifting equipment so that the elements containing refrigerants are not damaged. The removal, transportation and disposal of white goods includes obtaining all necessary Local, State, and RFP Template 09.13.17 Page 22 of 64 Federal Hauling Permits and operating in accordance with all Local, State, and Federal regulatory agencies. K. Used Electronics: The Contract shall recycle or dispose of all eligible used electronics in accordance with all Local, State, and Federal Regulations. L. Animal Carcass Removal and Disposal Work shall consist of all labor, equipment, fuel, traffic control costs, and other associated cost necessary for the removal, transportation, and lawful disposal of dead animal in areas identified and approved by the City to an approved final disposal site. The carcasses will be hauled to the City's approved staging area and subsequently disposed of by the appropriate regulatory agency. The Contractor will coordinate activities with the appropriate Local animal control agency. The removal, transportation and disposal of animal carcasses includes obtaining all necessary Local, State, and Federal Hauling Permits and operating in accordance with all Local, State, and Federal regulations. M. Working Hours: Unless otherwise permitted by the Solid Waste Operations Director, working hours for removal operations shall be limited to daylight hours. The Contractor is responsible for coordinating with the Solid Waste Operations Director in the event weather conditions delay or modify the proposed daily schedule. 5. Stage 3: Temporary Debris Staging and Reduction (TDSR) Site Operation/Debris Disposal Stage 3 consist of debris segregation, volume reduction, and final disposal. The Contractor may sell the mulch, ash, metals, and other materials and keep the proceeds. All residual debris must be removed from the site and disposed of at a city approved landfill at Contractor's expense. A. Work under this section also involves the preparation, operation, and closure of Temporary Debris Staging and Reduction (TDSR) sites designated by the Solid Waste Operations Director. B. Three TDSR sites are designated by the Solid Waste Operations Director. Exhibit B, "Location and Status of TDSR Sites and Landfills," identifies the location and particulars of each site. Exhibit A, "City Map/Removal Zones," proportions the City into sectors and assigns each of them to the nearest TDSR site. C. At each TDSR site, the Contractor must be fully prepared to: 1 . Accept materials collected during debris removal operations 2. Segregate materials into waste streams that can either be recycled, picked up by other Contractor forces (as in the case of HAZMAT waste), treated in a common manner (i.e. mechanical reduction) or taken to a common disposal point such as a City approved landfill 3. Reduce materials through mechanical reduction (chipping, grinding), incineration (if specifically authorized by the Solid Waste Operations RFP Template 09.13.17 Page 23 of 64 Director), recycling on site or post-collection resale for recycling or other purposes 4. Conduct on-site air curtain burning of certain materials as may be directed by the Solid Waste Operations Director. Contractor should identify equipment and operator resources; however, no burning may take place without specific direction from the Solid Waste Operations Director 5. Dispose of segregated or reduced debris through resale of materials or deposition of processing wastes in a properly City approved, permitted landfill or other approved disposal site D. A representative of the Contractor who will operate the TDSR site must participate in the City's annual hurricane exercise as described in Section 1 . E. In order to expedite the implementation of TDSR site operations, the Contractor must provide personnel on-site prior to a projected hurricane/disaster event to carry out any activities necessary to assure that the TDSR sites will be ready when needed. Actual preparation of the TDSR sites must begin within 24 hours of receipt of the Notice-to Proceed and the sites must be fully operational not more than 5 days thereafter. F. The Contractor must, upon entering each site designated as a TDSR site, photo- document the site conditions using both video and still photographs. The Contractor should keep one copy of the video and photographs for their records. The Contractor must provide one copy of the video and the still photographs to the Solid Waste Operations Director. G. The City has selected TDSR sites that are generally free of significant environmental constraints. Additionally, it has coordinated the TDSR site selection with the Texas Commission on Environmental Quality (TCEQ) on issues concerning air, water and solid hazardous waste. If the Contractor chooses to utilize Air Curtain Burner operations, the Contractor will be required to obtain any and all necessary permits for these type of operations. H. The Contractor must be aware of, and abide by, the conditions of any permits under which he/she must operate the site. The Contractor is responsible for knowing the applicability and requirements of all applicable environmental laws and regulations that could pertain to the operation of TDSR sites. I. The Contractor shall be responsible for paying any and all costs associated with violations of law or regulation relative to his/her activities. Such costs might include but are not limited to: site cleanup and/or remediation; fines, administrative or civil penalties; third party claims imposed on the City by any regulatory agency or by any third party as a result of noncompliance with Federal, State, or Local environmental laws and regulations or nuisance statutes by Contractor, his/her Subcontractors, or any other persons, corporations or legal entities retained by the Contractor under this contract. RFP Template 09.13.17 Page 24 of 64 J. Meetings: The Contractor must attend any and all meetings required by the Solid Waste Operations Director to evaluate the operations of the TDSR sites. K. Quality Assurance: The work will be closely monitored by City monitors and/or designated representatives of FEMA. The Contractor shall cooperate with all monitors. L. City Responsibilities: 1 . The City will implement a program of public information designed to assist the Contractor. The program will inform the public of the need to separate and place Hazardous, Toxic or Radiological Waste (HTRW) at curbside or drop off locations. The City will coordinate the public information program with the Contractor to facilitate the efficient segregation, marking, placement, and pick-up of the material to the maximum extend practical. 2. The City will, at its sole discretion, designate TDSR sites for development and operation by the Contractor. 3. Access: The City will provide access and authorization to the Contractor to operate on any or all of the designated TDSR sites including all information in its possession regarding these sites that is necessary for the successful operation of TDSR sites. 4. Permits and Approvals: The Contractor will secure and provide proof of to the City the necessary permits from the TCEQ and appropriate Federal agencies for the operation of all TDSR sites. The City will waive or provide all local permits and approvals for the operation of the TDSR sites. 5. Services Not Provided: The City will not provide the Contractor with potable water, sewage treatment, fuel, electricity, or other personnel, materials or equipment deemed necessary to operate the TDSR sites. M. TDSR Site Preparation: 1 . Site Setup: Unless specifically directed otherwise by the Solid Waste Operations Director, site setup must commence as soon as possible after the hurricane/disaster event has subsided, but no later than 24 hours from the time that the Notice-to-Proceed is issued by the Solid Waste Operations Director. All TDSR sites must be fully operational within 5 days of the Notice- to-Proceed. 2. Site Plan: The Contractor will provide a site operations plan for review and approval by the Solid Waste Operations Director prior to beginning work. 3. At a minimum, the plan will address the following: a. Access to site b. Site management, to include point-of-contact, organizational chart, etc. c. Traffic control procedures RFP Template 09.13.17 Page 25 of 64 d. Site security e. Site safety f. Site layout/segregation plan g. Hazardous materials staging plan h. Environmental mitigation plan, including considerations for smoke, dust, noise, traffic, buffer zones, and storm water runoff as appropriate. 4. Site Preparation: The Contractor shall be responsible for preparing the site(s) to accept debris. This preparation shall include clearing, erosion control, grading, and construction and maintenance of haul roads and entrances. The Contractor shall provide utility clearances and sanitation facilities, if needed. The Contractor shall protect existing structures at the sites and repair any damage caused by his operations to the satisfaction of the Solid Waste Operations Director at no additional cost to the City. 5. Site Security: The Contractor shall be responsible for installing site security measures and maintaining security for operations at the site. 6. Fire Protection: The Contractor shall manage the site to minimize the risk of fire. 7. Ash Containment Area: The Contractor shall be responsible for the staging, removal, and containment of ash from all burning operations. The containment area will be "wetted down" periodically under this contract to prevent particles from becoming airborne. 8. Inspection Tower: The Contractor shall construct an inspection tower. The tower shall be constructed using pressure treated wood. The floor elevation of the tower shall be 10 feet above the existing ground elevation. The floor area shall be 8' by 8', constructed of 2"by 8" joists, 16" O.C. with 3/4" plywood supported by four 6" by 6" posts. The perimeter of the floor area shall be protected by a 4-foot-high wall constructed of 2" by 4" studs and '/2" inch plywood. The floor area shall be covered with a corrugated tin roof. The roof shall provide a minimum of 6'6" of head room below the support beams. Access shall be provided by wooden steps with a hand rail. 9. The Contractor shall make provisions for portable sanitary facilities to be provided and maintained at the inspection tower. 10.Traffic Control: The Contractor shall be responsible for safe control of pedestrian and vehicular traffic in the work area. The Contractor shall provide all flag persons, signs, equipment, and other devices necessary to meet federal, state, and local requirements. The traffic control personnel and equipment shall be in addition to the personnel and equipment required in other parts of this contract. As a minimum, one flag person shall be posted at each entrance to direct traffic at the site. RFP Template 09.13.17 Page 26 of 64 1 1 . Debris Ownership and Disposal: The Contractor must remove or arrange for the removal and final disposal of all debris brought to the debris reduction site. Options include, but are not limited to, sending the material to an authorized and properly permitted City approved disposal area, recycling facility, or resale entity authorized by the City. The Contractor must maintain records for all materials, including processed debris, residue, and hazardous materials, being transported from the debris reduction site to disposal or recycling facilities. The Contractor must secure an EPA Identification Number prior to the lawful disposal of any ash determined to be hazardous based on analytical results. Copies of this documentation must be provided to the Solid Waste Operations Director for review prior to the start of work. The Contractor shall be considered the owner of all debris brought to the debris reduction site. 12.Site Closure: The Contractor shall be responsible for the closure of the debris site within 30 calendar days of receiving the last load of disaster-related debris. This closure shall include removal of site equipment, debris, and all remnants from the processing operation (such as temporary toilets, observation towers, security fence, etc.), and grading the site, and restoring the site to pre-work conditions. The site will be restored in accordance with all state and local requirements. The Contractor is responsible for the proper disposal of non-burnable debris, ash, and wood chips. The Contractor shall receive approval from the Solid Waste Operations Director as to the final acceptance of a site closure. Final payment shall be released to the Contractor upon acceptance of the site by the Solid Waste Operations Director. 13.Baseline Sampling and Testing: The Contractor must collect and test soil and groundwater samples at each TDSR site in areas designated for storm water retention, ash staging, vehicle maintenance, fuel dispensing operations and any areas where hazardous substances and petroleum products are or might be generated, stored or used. Sample locations must be coordinated with the Solid Waste Operations Director prior to acquisition. Samples must be tested for Total Petroleum Hydrocarbons (TPH) and Resource Conservation and Recovery Act (RCRA) metals. The Contractor must secure independent laboratory analytical tests for the referenced substances tested and provide the results to the Solid Waste Operations Director prior to the commencement of operations at the TDSR sites. 14.Protection: Within the limits of or adjacent to the TDSR site, there may be existing underground electric, telephone and television cables and conduits, gas, water and sewer utility lines that cannot be located from existing data. It is the responsibility of the Contractor to determine their exact location and to carry out the work carefully and skillfully so as to avoid damage to them. The City may elect to provide this information to the Contractor in advance. In any case, the Contractor shall ensure the locations of such utility installations are adequately marked. RFP Template 09.13.17 Page 27 of 64 15.Temporary Utilities: All temporary utilities, including sewage disposal and potable water, must be provided by the Contractor. 16.Signage: The Contractor must provide signs at each of the TDSR sites in accordance with City specifications that contain the following information: a. Contractor's superintendent name, address and local 24-hour telephone number; b. Name of the TDSR site facility; and c. Name, address and telephone number of the City representative to contact in case of an emergency. 17.Plans: The Contractor must develop and provide to the Solid Waste Operations Director the following prior to start-up: a. Site layout plan b. Proposed operating procedures c. Site/operations safety plan 18.Startup: When all TDSR site preparations are completed, the Contractor must notify the Solid Waste Operations Director, who will inspect the site and approve the site for commencement of TDSR site operations. N. TDSR Site Operations: 1 . General Operations: The Contractor will operate each TDSR site in an effective and efficient manner for such time as the Solid Waste Operations Director deems necessary. TDSR sites may operate on a 24-hour, 7-day basis unless otherwise directed by the Solid Waste Operations Director to prevent undue impact on nearby residents. 2. The Contractor must operate such equipment as is necessary to efficiently reduce by mechanical means or incineration all materials deposited at the TDSR site. The Contractor must segregate all debris in accordance with the method of processing and potential for recycling and its ultimate disposal. 3. The Contractor must separate and contain all hazardous wastes for pick up and disposal. Comestible garbage shall be separated and contained for pick-up by the City's designated hauler. The Contractor must staff the TDSR sites with sufficient personnel to ensure the waste stream segregation and processing operation does not reduce the capacity to remove debris from City streets in a timely manner. The operation of each TDSR site must conform to these specifications and any permits issued for the TDSR site. The Contractor is responsible for all site and worker safety issues. 4. Control of Material: The Contractor must make every effort to control the nature of the material allowed into the TDSR site, with the objective being to have only C&D materials, clean woody debris, household debris (other than HAZMAT and garbage) and similar materials brought to and deposited RFP Template 09.13.17 Page 28 of 64 in the TDSR site. To the extent practicable, the Contractor must prevent hazardous materials and comestible garbage from being brought onto the TDSR sites. Contractor must segregate hazardous materials and comestible garbage, when discovered, for pick-up and disposal by the City's designated haulers. All materials brought to the TDSR site by vehicles under Contractor's control but not accepted at the TDSR site must be disposed of by the Contractor at a City approved landfill or by other legal means of disposal at the Contractor's expense. 5. Environmental Controls: The Contractor is responsible for monitoring the temperature of stockpiled mulch at least twice daily to detect hot spots resulting from natural microbial decomposition. Upon finding a hot spot the Contractor must mechanically mix the affected mulch to cool it down and avoid creating a fire hazard. 6. The Contractor must secure the services of an independent laboratory to sample and test any ash generated from burning prior to its lawful disposal. Copies of all documents pertaining to the disposition of the ash (e.g., analytical results, shipping manifests, certificates of destruction) must be submitted to the Solid Waste Operations Director. 7. The Contractor must, to the extent practicable, separate hazardous waste and asbestos from all woody and structural debris that is to be further processed, reduced, recycled or burned. Segregation of asbestos from curbside debris planned for direct disposal at a landfill will not be required. 8. Control of Rodents, Vermin, Insects, Birds and Wildlife: The Contractor must operate the TDSR Sites in such a manner as to minimize the possibility of infestation by rodents, other vermin and insects and to minimize the potential for attracting birds and wildlife. The Contractor will be responsible for proper and safe application of rodenticide and insecticide as a precautionary tactic to minimize the potential for infestation. Additional applications of such materials shall be made as necessary to eradicate infestations. All sites and work areas will be subject to inspection and monitoring by City health and safety personnel. 9. Debris Ownership and Disposal: The Contractor must remove or arrange for the removal and final disposal of all debris brought to the TDSR sites. Options include but are not limited to sending the material to an authorized and properly permitted, City approved disposal area, recycling facility or resale entity. The Contractor must maintain records for all materials, including processed debris, residue, and hazardous materials, being transported from the TDSR sites to disposal or recycling facilities. The Contractor must secure an EPA Identification Number prior to the lawful disposal of any ash determined to be hazardous based on analytical results. Copies of this documentation must be provided to the Solid Waste Operations Director for review. RFP Template 09.13.17 Page 29 of 64 10.The Contractor may dispose of such debris in a manner that creates income for the Contractor. Reduction and disposal of the debris is the sole responsibility of the Contractor. 1 1 .The City will be deemed to be the "generator' for the purposes of Texas and Federal laws, rules, and regulations. The Contractor will be responsible for complying with all applicable local, State, and Federal laws, rules, and regulations form the time the materials are picked up or accepted from others by the Contractor until the materials are accepted at the final disposal site(s). 12.The Contractor shall ensure that all materials accepted for disposal are accepted at the final disposal site(s). 13.The Contractor shall provide evidence of the lawful disposal of all materials in accordance with Federal and State regulations and submit that evidence to the City of Corpus Christi. O. TDSR Site Closure: 1 . Restoration: The Contractor must restore all TDSR sites to their original condition to the extent feasible or to the satisfaction of the Solid Waste Operations Director. Unless otherwise directed by the Solid Waste Operations Director, all improvements (e.g., fencing, haul roads, trailers) must be removed. The Contractor must reestablish grades (i.e., roads, and ditches) throughout each TDSR site. The Contractor must request and participate in site inspections by the Solid Waste Operations Director for final approval of all site closure and restoration activities. 2. Sampling and Testing: The Contractor must complete soil and groundwater closure sampling and testing in the areas described in the baseline sampling information. The same tests must be completed as were performed prior to commencing with TDSR site operations (TPH and RCRA Metals). The analytical results must be provided to the Solid Waste Operations Director prior to closure of each TDSR site. Areas found to be contaminated above the baseline values must be remediated by the Contractor. The Contractor is regarded as the generator of such contaminants for the purposes of Federal environmental statutes. 6. Stage 4: Hazardous, Toxic or Radiological Waste (HTRW) Disposal Planning and Management Stage 4 consist of collection, characterization, packaging, transporting and disposing of Hazardous, Toxic or Radiological Waste (HTRW) following a major storm disaster or catastrophic event. A. Work performed under these specifications shall meet or exceed the applicable State regulations and the applicable provisions of the Code of Federal RFP Template 09.13.17 Page 30 of 64 Regulations (CFR) concerning Hazardous, Toxic or Radiological Waste (HTRW) as contained in proposal documents. B. Disposal sites utilized by the Contractor shall be licensed, as required by law, by the Environmental Protection Agency (EPA) and/or State of Texas. Contractor is required to submit to the Solid Waste Director for approval of the disposal sites that they intend to use and provide key information regarding the site such as location and permit numbers. C. The Contractor shall maintain a current EPA identification number and current Texas Commission on Environmental Quality (TCEQ) registration throughout the term of the contract. D. The Contractor shall maintain all required insurance coverage, and any Federal and State permits required for transportation and disposal of all Hazardous, Toxic or Radiological Waste (HTRW). Additionally, the Contractor will keep all inspection plans and records evidencing compliance with applicable Federal, State, and local regulations throughout the term of the contract. E. The Contractor may subcontract, at no charge to the City, services related to the recycling, reuse, collection, transportation or disposal of the Hazardous, Toxic or Radiological Waste (HTRW) collected, where appropriate. F. The City Solid Waste goal is to complete the HTRW removal and disposal process in 90 calendar days. This assumes that the entire area of the City will be accessible within that period. Due to the low elevation and potential for flooding, some areas might not be accessible for several weeks after a major natural disaster. The Contractor must be aware that it might not be possible to initiate operations in all parts of the City simultaneously immediately after a storm. G. Objectives: 1 . Work under this section consists of post-storm/disaster operations to collect, characterize, package, transport and dispose of Hazardous, Toxic or Radiological Waste (HTRW). This work is divided into two categories: a. Household Hazardous Waste (HHW) and b. Industrial/Commercial Hazardous Waste (ICHW). 2. Categories HHW and ICHW are to be performed on a unit price basis. H. Hazardous, Toxic or Radiological Waste (HTRW) operations will include: 1 . Category 1- Household Hazardous Waste (HHW) a. Used or leftover contents of consumer products that contain chemicals with one or more of the following characteristics, as defined by the Environmental Protection Agency: 1) Toxic, 2) Flammable, 3) Corrosive and/or 4) Reactive. Examples of household hazardous waste include small quantities of normal household cleaning and maintenance RFP Template 09.13.17 Page 31 of 64 products, latex and oil based paint, cleaning solvents, gasoline, oils, swimming pool chemicals, pesticides, propane gas cylinders, etc. b. The Solid Waste Director will identify specific pickup locations or areas for HHW collection. The Contractor will not have to sort through rights-of-way debris piles looking for potential HHW materials. Residents will be instructed to place their HHW items in separate piles that will be easily identifiable or to take HHW materials to designated drop-off locations. This will allow citizens to return to their properties and bring debris and HHW to the rights-of-way as recovery progresses. The Solid Waste Director will prescribe the specific procedures to be used after ascertaining the scope and nature of the disaster's impacts. c. The general concept of HHW collection from TDSR sites will only be once a day for approximately 3 weeks or as directed by the Solid Waste Director. 2. Category 2- Industrial/Commercial Hazardous Waste (ICHW) a. Material and products from institutional, commercial, recreational, industrial and agricultural sources that contain certain chemicals with one or more of the following characteristics, as defined by the Environmental Protection Agency: 1) Toxic, 2) Flammable, 3) Corrosive; and/or 4) Reactive. b. The Solid Waste Director will identify the location of certain commercial and industrial hazardous and toxic waste, low-level radiological wastes, biological, medical (including possibly infectious wastes) and animal carcass wastes, and petroleum and other wastes, including spills discovered upon City rights-of-way or City property. Once identified, the Contractor will be responsible for collection, characterization, packaging, transportation and disposal actions. All activities will be coordinated with the City Solid Waste Director before work begins. c. Definitions for the waste types detailed above may be found within the regulatory citations detailed in the contract. This includes materials, whose source may be non-residential or unidentified, which may come to rest on City property. This scope of work does not include explosives. The Contractor's responsibility will include disaster related spill response in the City rights-of-way or on City property. I. Preparedness: Key personnel, proposed by the Contractor must participate in the City's annual hurricane preparedness training activities, a maximum of two days each year. RFP Template 09.13.17 Page 32 of 64 J. Prepositioning: Upon activation of the contract, Contractor must provide a two-person management team on-site to participate in advance recovery preparations. Expected time frame for activation is approximately 48 hours prior to projected hurricane landfall. The purpose is to initiate actions necessary to ensure that Contractor resources will be able to begin HHW/ICHW operations within 24 hours of receiving the Notice to Proceed from the City. K. Inspection of Hazardous, Toxic or Radiological Waste (HTRW) Debris: As soon as possible after the storm/disaster event has subsided, the Contractor must make a detailed and thorough on-site inspection with a representative from Solid Waste Services of areas from which HHW/ICHW is to be removed. Contractor should consider: 1 . Amounts and types of Hazardous, Toxic or Radiological Waste (HTRW); 2. Working conditions such as traffic, street/road width, and land use; 3. Means to ingress and egress work areas; and 4. All other factors affecting the work. L. Coordination: Hazardous, Toxic or Radiological Waste (HTRW) clearing and removal is limited to that which is determined by the Solid Waste Director to be in the interest of public safety and that which is considered essential to the economic recovery of the affected area. The Solid Waste Director will determine priorities for HHW/ICHW Clearing and Removal. The Contractor must coordinate with other contractors and other public and private entities also performing recovery operations. M. Collection, Characterization, Packaging, Transportation and Disposal of Hazardous, Toxic or Radiological Waste (HTRW): The Contractor will remove Hazardous, Toxic or Radiological Waste (HTRW) debris from the rights-of way and City property to allow for the movement of emergency vehicles, law enforcement, resumption of critical services, and damage assessment of critical public facilities and utilities. 1 . First collection priorities are to remove Hazardous, Toxic or Radiological Waste (HTRW) from the following facilities: a. Police Department b. Fire Stations c. Corpus Christi International Airport d. Hospitals RFP Template 09.13.17 Page 33 of 64 2. Secondary Collection Priorities Secondary collection priorities are to remove Hazardous, Toxic or Radiological Waste (HTRW) from the following facilities: a. City Hall b. City Service Center c. County Courthouse d. Elliott Landfill e. Maintenance Services f. Water Filtration Plants g. Wastewater/Sewage Treatment Plants h. Other Facilities so designated by the Solid Waste Operations Director 3. Hazardous, Toxic or Radiological Waste (HTRW) removal priorities above may be adjusted by the Director of Solid Waste at any time during recovery operations. N. Pickup Locations: The Director of Solid Waste will identify specific pickup locations or areas for Hazardous, Toxic or Radiological Waste (HTRW) collection. The Contractor will not have to sort through rights-of-way debris piles looking for potential Hazardous, Toxic or Radiological Waste (HTRW) materials. Residents will be instructed to place their Hazardous, Toxic or Radiological Waste (HTRW) items in separate piles that will be easily identifiable or to take Hazardous, Toxic or Radiological Waste (HTRW) materials to designated drop-off locations. This will allow citizens to return to their property and bring debris and Hazardous, Toxic or Radiological Waste (HTRW) to the rights-of-way as recovery progresses. The City Solid Waste Director will prescribe the specific procedures to be used after ascertaining the scope and nature of the disaster's impacts. O. Hazardous, Toxic or Radiological Waste (HTRW) Removal: Exhibit A, "Removal Zones", identifies areas within the City where Hazardous, Toxic or Radiological Waste (HTRW) removal is required, as well as the locations of TDSR sites assigned to each zone. During HHW/ICHW removal operations, extreme caution must be exercised by the Contractor to ensure that no damage is done to public or private properties. The Contractor will be responsible for repair/replacement of any damage caused by negligence to public or private property to the satisfaction of the Director of Solid Waste at no additional cost to the City. P. Loading/Hauling: 1 . All vehicles utilized in hauling Hazardous, Toxic or Radiological Waste (HTRW) must be equipped with adequate means for containing the load, including canvas covering while transporting the material. RFP Template 09.13.17 Page 34 of 64 2. Covering must effectively prevent Hazardous, Toxic or Radiological Waste (HTRW) from being blown or bounced off the vehicles. Sideboards or other extensions to the bed will be permitted provided they meet state and local requirements, cover the front and two sides, and are substantially constructed. 3. Sideboards must be constructed of two-inch (2") by six-inch (6") boards or greater and may not extend more than 2 feet above the metal bed sides. 4. Vehicles must be equipped with a tailgate that will effectively contain the HHW/ICHW on the vehicle while hauling, and also permit the vehicle to be loaded to capacity. Q. Disposal of Hazardous, Toxic or Radiological Waste (HTRW): 1 . All Hazardous, Toxic or Radiological Waste (HTRW) must be disposed of according to current local, State, and Federal regulations at approved landfills. 2. Contractor's responsibilities include the following: a. Provide the services described in the Contract upon receipt of a Notice to Proceed from the City Solid Waste Director immediately following a hurricane or other disaster. b. Furnish all equipment, material, and labor required to collect, categorize, transport, and properly dispose of all HHW/ICHW. c. Assume all liability and responsibility for collected Hazardous, Toxic or Radiological Waste (HTRW) waste from the time the work begins until final disposition, including but not limited to handling and transportation to a City of Corpus Christi approved disposal site. d. Be responsible for all costs incurred in the handling of collected Hazardous, Toxic or Radiological Waste (HTRW) including categorization, packaging, transporting, disposal, and marketing of recyclables if appropriate. e. All collected Hazardous, Toxic or Radiological Waste (HTRW) is subject to regulations and restrictions imposed by the EPA and the Texas Commission on Environmental Quality (TCEQ) or its successor agency. f. Keep all records that may be required by law or by the City under this contract for the purpose of payments to the Contractor or reimbursement to the City for disaster related expenses. g. Mobilize to the site provided by the City and commence with site set-up activities to facilitate the timely receipt of Hazardous, Toxic or Radiological Waste (HTRW). R. General Concept of Operations: 1 . The Contractor shall provide a two person management team on-site within 24 hours following Notice to Proceed to participate in recovery RFP Template 09.13.17 Page 35 of 64 evaluation planning. The purpose is to initiate actions necessary to ensure that Contractor resources match the anticipated work load. 2. Contractor will establish a Hazardous, Toxic or Radiological Waste (HTRW) processing site a location acceptable to the City of Corpus Christi to be fully operational within 7 days. Collection priorities will be coordinated by the Solid Waste Director. Emphasis will be placed on those materials posing an imminent threat to public health and safety. 3. The Contractor shall establish and implement a curbside HTRW collection program in consultation with the Solid Waste Director as soon as public rights-of-way are cleared for traffic. Curbside collection shall occur at prescribed intervals as specified by the Solid Waste Director. 4. The Contractor shall also establish and implement periodic collection of Hazardous, Toxic or Radiological Waste (HTRW) at the designated TDSR sites in coordination with the TDSR site Contractor and Solid Waste Director. 5. The Contractor shall allow the City or regulatory agency monitoring personnel to oversee and assess the collection, characterization, packaging, transportation, and disposal of Hazardous, Toxic or Radiological Waste (HTRW) through monitoring and spot inspection of records and field activities. 6. The Contractor shall respond to spills and releases of other hazardous materials in public rights-of-way or on other public property. Spill response will include the prevention of movement of materials into waterways or public rights-of-way, clean-up of spills and other releases, and the identification and notification to the Solid Waste Director of spills which are beyond the response capabilities of the Contractor. 7. The Contractor may conduct such recycling of materials as may be agreed to between the Solid Waste Director and the Contractor following a natural disaster, or such recycling as the Contractor feels it may be capable of accomplishing provided that the recycling effort does not retard the expeditious collection and disposal of Hazardous, Toxic or Radiological Waste (HTRW) from public rights-of-way and public property. 8. The Contractor shall maintain such records as to demonstrate lawful disposal of all materials as are required by law and specified herein. The Contractor shall also provide all such cost accounting information as may be required by the City to satisfy cost documentation for FEMA. 9. The Contractor shall cooperate with the clearing, hauling, and TDSR site Contractors in an efficient manner to facilitate the timely removal of HTRW from all City property and TDSR sites. RFP Template 09.13.17 Page 36 of 64 10.Contractor shall mobilize with appropriate equipment and personnel to the HTRW processing site within 24 hours of Notice to Proceed. The site must be fully operational within 7 days of Notice to Proceed. Contractor must coordinate with the Solid Waste Director prior to mobilization and setting up operations. 11 .The Contractor shall be directly responsible for the following administrative tasks and resources: a. The overall management and coordination of the entire disaster response with full authority to make and alter assignments of their own employees and subcontractors. b. Interfacing daily with the Solid Waste Director on all planning and operational matters and will submit a detailed daily report, as required. c. Generating a damage assessment, estimate the needed manpower and activate the initial response and mobilization plan. d. Management of all field operations for each specific location including all ongoing activities and personnel under each specific contracted area including but not limited to locating staging areas, locating reduction sites, determining possible recycling methods, determining debris removal routes, generating schedules, hiring subcontractors, conducting equipment maintenance, restoring debris site(s), reducing debris, containing hazardous waste and disposing of all debris. e. Communication between the Contractor's field operations personnel and their home office personnel critical for a seamless operation. f. The collection, processing and storage of all debris project files and all other supporting documentation and reports. g. Managing the field office, employing and training local individuals to work in field office. h. Mobilizing immediately following the Notice to Proceed and remain in place throughout the project. i. Directing and coordinating the actions of the individual crews and task area managers. j. Setting up an Office trailer with communications and a generator 12.The Contractor shall also manage the following resources and collection site tasks: a. The supervision of all Contractor employees and subcontractors working in each specific areas/sections. RFP Template 09.13.17 Page 37 of 64 b. Provide a regular assessment of ongoing and completed work within assigned areas/sections to ensure quality and safety are maintained. c. Investigate any notifications of unsatisfactory work, property damage or unsafe conditions and submitting a detailed report to the Solid Waste Director. All complaints will be reported, remedied and documented to show all necessary repairs/changes have been completed to the citizen's satisfaction. d. Develop and implement an incident specific Field Safety Plan. The plan must conform to the City's standing Safety Plan and Policy and will include safety training programs, field safety awareness initiatives, safety briefings for new Contractor employees and subcontractors, a program for site safety inspections and a comprehensive safety incident and action tracking/reporting system which must be available for review upon request. e. Assure all safety meetings are conducted regularly, including daily tailgate meetings for all crews and for providing regular safety reports to the Solid Waste Director. f. Manage the investigation and documentation of all accidents that may occur and make sure the Solid Waste Director is provided with follow-up reports about any incidents. g. Manage the development of Debris Management Site (DMS) site plans and construction, day to day site monitoring, communication directions to all subordinates at the temporary Debris Management Sites to ensure all environmental regulations are being followed. h. Receive, identify, sort, and prepare for disposal all incoming household and business hazardous waste. i. Verify hazardous waste and classify them for disposal. j. Maintain inventories of hazardous material on-site. k. Maintain equipment inspection logs and facility records. I. Follow procedures for waste management and chemical handling, including sampling, weighing, and storing chemical containers. m. Ensure all environmental regulations are being followed. n. Initial identification of HHW / ICHW material deposited at the curb- side or on City property after the citizens place their HHW in separate piles. o. Consolidate items from individual homes at curbside locations on plastic sheets or in plastic bins to await pickup with the objective of proceeding through the areas of concern in order to stage a sufficient amount of HHW and improve the efficiency of the HHW Pick-up. RFP Template 09.13.17 Page 38 of 64 p. Pick-up consolidate and prepackage HHW and transport these items to the site selected by the City for segregation by hazardous class allowing for the pick-up coordination of the full bins and the re-supply of empty bins. 13.Assure Collection Site Management Crews are properly fitted with the require personnel protection equipment (PPE). HTRW recovery normally requires Level D protection, which includes breathable oversuit, eye protection, safety shoes, hardhat, and hand protection. 14.The Contractor shall coordinate and direct the HTRW separation, pickup and packaging. 15.The Contractor assure that the Waste Separation Crews are properly fitted with the require personnel protection equipment (PPE). HHW recovery normally requires Level D protection, which includes breathable oversuit, eye protection, safety shoes, hardhat, and hand protection. 16.The Contractor is responsible for assuring that the Waste Pick-up Crews are fitted with the required personal protection equipment (PPE). Hazardous, Toxic or Radiological Waste (HTRW) recovery normally requires Level D protection, which includes breathable oversuit, eye protection, safety shoes, hardhat, and hand protection. 17.It is the Contractor's responsibility to determine if P100 Dust Masks are required during the collection operations. 18.The Contractor shall pick-up the consolidated and prepackaged HHW and transport these items to the site selected by the City for segregation by hazardous class. The Contractor shall coordinate and handle the pick-up of full bins and the re-supply of empty bins. 19.The Contractor shall segregate the HHW into hazardous classes as it is received from the Waste Pick-up Crews. 20.Based on the characterization of the waste, the waste shall be packaged following Federal, State, and USDOT requirements and applicable OSHA standards to protect personnel during packaging and handling operations. Any material requiring containerization shall be repackaged as necessary. The Contractor shall insure that materials temporarily staged next to one another are compatible and shall not pose a health and safety hazard. S. Training and Qualifications of Personnel: 1 . Contractor will ensure that all personnel involved with this program are trained for the level of expertise required for the task, including, in the areas of chemical incompatibility, spills, and general first aid procedures in accordance with 29CFR 1910.120. RFP Template 09.13.17 Page 39 of 64 2. The Contractor will provide personnel with both handling and personal protective equipment appropriate to ensure the safe handling of Hazardous, Toxic or Radiological Waste (HTRW). 3. The Contractor shall be trained in the proper procedures for identifying and managing hazardous, biological, medical, and radiological wastes in accordance with applicable Federal and State regulations. 4. The Contractor will provide a two person management team to participate in an annual disaster preparedness training program of not more than two days. T. Safety and Spill Contingency Plans: 1 . The Contractor is responsible for ensuring that Hazardous, Toxic or Radiological Waste (HTRW) is properly handled, packaged, and disposed of in a lawful manner and in a manner so as to prevent health and safety hazards created by the improper combination of wastes. 2. The Contractor is responsible for ensuring that all contractor and subcontractor personnel involved with Hazardous, Toxic or Radiological Waste (HTRW) operations are appropriately trained, qualified, outfitted, equipped and monitored in accordance with all applicable federal and state of Texas occupational health and safety requirements, including but not limited to current OSHA regulations for hazardous waste operations. 3. The Contractor is responsible for maintaining the appropriate safety requirements, depending upon the associated hazards, volume of traffic and weather conditions. All operations must be performed in a safe manner in accordance with State and Federal regulations. Contractor shall operate all vehicles and equipment in a safe and effective manner. Special attention must be paid to the operation of collection trucks in residential areas following a natural disaster to preclude injury to pedestrians, particularly children. 4. The Contractor shall follow basic protection guidelines, which include but are not limited to the following: a. Wearing of work uniform, safety glasses/chemical splash goggles and safety shoes. b. Wearing of chemical resistant gloves; Tyvek coveralls/apron will be required when handling waste materials. c. Lab packaging of Hazardous, Toxic or Radiological Waste (HTRW) will require the appropriate level of protective gear, with the addition of a protective over suit. d. Ensuring that an individual air-purifying respirator, equipped with organic vapor/acid gas/high efficiency combination cartridges, is RFP Template 09.13.17 Page 40 of 64 available within reach of al personnel who are opening any containers. e. Segregation and packaging of liquid waste will require Tyvek coveralls/apron, chemical resistant gloves and boots. Additionally, respirator protection and chemical goggles/face shield (if not using a full-face respirator) may be required. f. Development, adherence to, enforcement of, and maintenance of a site safety plan consistent with current OSHA requirements in 29CFR. g. Ensuring that all personnel involved in Hazardous, Toxic or Radiological Waste (HTRW) operations are properly trained (HAZWOPER, etc.) and certified consistent with current OSHA requirements in 29CFR. 5. Spill Contingency Plan During Collection Operations: The Contractor is responsible for coordination of collection activities with emergency services and fire departments. A list of these agencies and service will be maintained at the collection facility and will consist of, but not be limited to the following: a. Phone number and address of TCEQ b. Ambulance and rescue services c. Fire and police departments d. Directions to the appropriate hospital 6. Emergency Response guidelines include but are not limited to the following: a. Employee Related Safety: • The Contractor shall render minor first aid in situations of injury and exposure. • The Contractor shall maintain a first aid kit with sufficient supplies to care for minor injuries and exposure. • The Contractor shall provide an on-site personal eyewash station. • In a situation of inhalation of a toxic compound, the individual(s) must be removed to fresh air and transported to an emergency medical facility. Other personnel will be evacuated as necessary. If transportation/evacuation by the Contractor is not feasible, personnel will continue first aid treatment until medical personnel arrive. • The Contractor shall have the equipment necessary to evaluate potentially radioactive materials. RFP Template 09.13.17 Page 41 of 64 b. Waste Related Safety: • Waste related incidents include, but are not limited to: splashes, spills, fires, explosions, chemical reactions or releases of toxic gases or vapors, and radiation. • In a waste related emergency situation, the Contractor is responsible for assessing the situation and will initiate the appropriate action. • The Contractor shall maintain on-site emergency spill response equipment including Class AFC dry chemical fire extinguishers, absorbent and shovels. • Where appropriate, the Contractor shall restrict public access to the collection areas as deemed necessary. • Collection areas shall be designated non-smoking and shall be posted with "No-Smoking" signs. • Notification of State and local emergency agencies is the responsibility of the Contractor. U. The Contractor will be responsible for enforcing the following General Rules Governing Personnel Handling Hazardous, Toxic or Radiological Waste (HTRW): 1 . Eating, drinking and smoking are strictly prohibited at all active work locations. 2. All atmosphere supplied respiratory devices must meet at least the requirements of the specifications for Grade D breathing air as described in the Compressed Gas Association Commodity Specification G-7.1-1966. 3. If evacuation is necessary, the Contractor shall ensure that: a. All on-site personnel and program customers are alerted. b. All personnel, volunteers and customers are evacuated to a pre- designated area. c. A count will be made of all personnel. d. No person is assigned to a task that requires the use of respiratory protection, until they are trained and determined to be physically capable of using such devices. This determination will be made by a physician. 4. Beards, facial hair and sideburns (which may interfere with respirator sealing) are prohibited for all personnel using respiratory protection, including Contractor, City staff, visitors, volunteers, State and Federal representatives. RFP Template 09.13.17 Page 42 of 64 5. The Contractor will have the authority to remove anyone from the collection site and prohibit their re-entry if the Contractor determined that the person threatens site safety and/or security. 6. Materials shall be identified to the degree necessary to prevent the mixing of substances that would create a health or safety problem due to ignition, fumes or explosion. 7. All personnel shall observe the City's (and Contractor's) drug and alcohol policies. V. Site and Operational Security: 1 . The City will determine the site of the primary facility for accepting, storing, processing, and recycling of HTRW. This facility shall be secured daily at closing by locking all samples, packaged chemicals, site materials, emergency equipment, etc., in the appropriate storage buildings. 2. Any storage building or transport trailer containing collected wastes must be appropriately marked to discourage tampering. W. Waste Determination and Identification: 1 . The Contractor shall work in conjunction with the Solid Waste Director in assessing the volumes, types, and locations of HTRW located within the City following a hurricane or other natural disaster. 2. The Contractor shall, where possible, adequately classify and segregate waste for proper packaging, transportation, and disposal. 3. The Contractor shall test waste or have it tested to the extent necessary or practical for packaging and transport according to United Stated Department of Transportation (USDOT) hazard classes and disposal requirements. The Contractor will provide equipment for use on-site that will be used to identify or categorize waste for disposal. X. Collection: 1 . General Collection Procedures: a. The Contractor shall be responsible for responding to the collection requirements based on priorities established by the Solid Waste Director. b. The Contractor shall be responsible for collection debris from the curbside, City rights-of-way, and all TDSR sites. HTRW will only be removed from private property when there is a significant threat to human health and safety and the Contractor is notified in writing by the Solid Waste Director. RFP Template 09.13.17 Page 43 of 64 c. The Contractor shall complete interim measures to contain and abate HTRW that may spread and cause additional hazards for the City. d. The Contractor shall collect HTRW only during daylight hours. e. The Contractor shall make a minimum of three passes over the City in conjunction with the debris hauling Contractor to be completed at the following intervals unless directed otherwise by the Solid Waste Director: • Initial Pass: Within 72 hours of being notified by the Solid Waste Director that a street, block or section of the city is cleared. • Second Pass: Not more than one week later or as directed by the Solid Waste Director. • Third Pass: Not more than three weeks after the second pass or as directed by the Solid Waste Director. Y. TDSR Sites: 1 . The Contractor shall make daily passes to each of the designated TDSR sites for collection of HTRW or as directed by the Solid Waste Director. 2. Prior to deployment, all vehicles are to be equipped with the proper operation and safety equipment as specified in the safety plan. The Contractor shall provide for communications with all vehicles during daily operations. 3. The Contractor's services shall also include emergency spill response. 4. During curbside pick-up of HHW, the Contractor shall consolidate packages without opening into lab packs or over-packs. Bulking or mixing of materials will not be allowed at curbside. Z. Provision for Shipping Containers: The Contractor shall provide containers and packaging for shipping hazardous wastes that meet transportation and disposal requirements and applicable State and Federal requirement. Shipping containers shall, to the maximum extent possible, conform to the container sizes listed in the pricing portion of this contract. AA. Other Pre-shipment Tasks: The Contractor shall utilize an inventory control system that ensures proper record keeping and manifesting of hazardous waste shipments. Preparation of waste for shipment must be in accordance with applicable USDOT regulations regarding packaging, labeling, marking, and display of placards. RFP Template 09.13.17 Page 44 of 64 BB.Transportation to Temporary Site: 1 . The City will provide a location for the temporary storage, segregation, and recycling of HTRW. 2. The Contractor shall establish procedures for the transportation to and from the temporary site in accordance with all applicable Federal requirements concerning the transportation of HTRW. Such procedures shall be designed to ensure that prevention of loss of material and the efficient movement of material to the temporary site. CC. Additional Testing: The Contractor shall conduct additional testing of materials only at the predetermined site for appropriately classifying, segregation, packaging, transporting, and disposing of HTRW. Such additional testing shall be designed to ensure packaging of similar materials, and to provide information necessary to select appropriate disposal sites so incompatible materials are not commingled. DD. Batch Processing: Batch processing of materials will be allowed by the Contractor in the interest of time and cost-effectiveness. As a matter of public safety, batch processing will be allowed only at the site determined by the City of Corpus Christi. Batch processing at any other location is prohibited. In cases where batch processing is undertaken, the Contractor will characterize the materials, record the nature of the materials, and segregate by grouping materials of the same hazard characteristics. EE. Preparation of Material for Transport: 1 . The Contractor shall supply all necessary technical personnel, labor, equipment, and materials to properly collect, categorize, package, mark, label, and load for transport all Hazardous, Toxic or Radiological Waste (HTRW) located. 2. The Contractor shall, to the extent practical, segregate HTRW. Following receipt of the waste, the Contractor's chemist will check each container for proper labeling and identification. If the container is properly identified, the material will be segregated according to hazard class and prepared for packaging. 3. Once chemicals are properly identified, the Contractor shall recheck the chemicals for compatibility, list the contents on the drum container sheets, and pack the chemicals into drums or other appropriate containers. 4. All drums and other containers will be packed by the Contractor according to EPA and USDOT guidelines for proper transportation, storage, and disposal of hazardous waste. All bottles, bags, or boxes received must be closed and placed in a drum bound with a steel band RFP Template 09.13.17 Page 45 of 64 and bolt or placed in a drum or other acceptable container that is sealed. The drum or container must be filled with light weight, inert absorbent, sufficient to contain the entire volume of waste. USDOT shipping information, hazard labels, EPA codes, and a packing slip will be placed on the drum. The drums will then be given a specific Contractor code number. 5. The Contractor shall place the properly packaged, labeled and manifested drums in a trailer, or other sealed container, for storage prior to transportation to a licensed storage facility. The load will be transported in fully permitted trucks, rail cars or other authorized vehicles. The ultimate disposal of the hazardous waste will take place at federally permitted hazardous waste sites previously identified to, and approved by, the Solid Waste Director. FF. Disposal: 1 . All HTRW materials shall be transported in EPA-compliant vessels or vehicles in accordance with applicable TXDOT and USDOT regulations. 2. All HTRW materials shall be disposed of lawfully in a Federal/State permitted facility in accordance with applicable Federal and State regulations. 3. The Contractor shall provide the Solid Waste Director with the name, location, and facility permit number of all disposal facilities prior to the shipment of any HTRW. GG.Manifests and Destruction Documentation Record Keeping: 1 . The Contractor shall provide certificates of disposal showing container numbers for all waste and methods of disposal. Copies of all manifests must be provided to the Solid Waste Director. 2. Copies of certificates of destruction for all wastes taken from within the City under this contract will be provided to the Solid Waste Director in a timely manner. HH. Contractor Created Spill Control and Response: The Contractor is responsible for the clean-up and any associated costs of any spill as a result of its activities at the pick-up site, during transportation or at the disposal facility. Provisions will be made according to the requirements of the Contractor Spill Contingency Plan. The Contractor will clean-up spills in accordance with State and Federal regulations and verify that the clean-up meets applicable standards. The City reserves the right to verify costs and quantity of such clean-up required of the Contractor in performing tasks under the terms and conditions of this Contract. RFP Template 09.13.17 Page 46 of 64 II. ACCEPTANCE OF WORK: 1 . The Contractor shall comply with State and Federal regulations concerning Hazardous, Toxic or Radiological Waste (HTRW) collection programs. 2. During the course of this work, the Contractor's representative must attend a daily coordination meeting with the Solid Waste Director or designated representative. 3. The Contractor's representative must have the authority to act on behalf of the Contractor to address and resolve issues that may arise. 4. In order to track progress in removing storm generated Hazardous, Toxic or Radiological Waste (HTRW), the Contractor shall submit a daily report in writing to the City detailing progress in collecting and disposing of HTRW. Report shall be submitted at the daily coordination meeting and include the following information: a. Areas of the City where Hazardous, Toxic or Radiological Waste (HTRW) has been collected b. To the maximum extent practical, an itemized list of total waste quantities collected, transported, and disposed. This list will be separated by category (HHW or ICHW). c. A description of any areas of concern or potential difficulties in performing such programs in the future including recommendations for modification to the collection procedures. d. Letters or Certificates of Disposal demonstrating proper disposal of hazardous waste. 5. The Contractor(s) shall also notify the Solid Waste Director of any significant damage to public or private property or major problems, such as equipment failure or loss of qualified labor. 6. Hazardous Waste (HTRW) Disposal Management: a. The Contractor will serve as a general Contractor for the purpose of those operations, and will use its resources to meet the obligations of the contract. b. HTRW removal will generally be limited to materials in, upon, or brought to public streets and roads, right-of-ways, municipal properties and facilities, and other public sites. Contractor will be responsible for determining the method and manner of all HTRW removal and lawful disposal operations. Disposal of HTRW may be at any lawful site selected by the Contractor and approved by the City Solid Waste Director. c. The general concept of HTRW removal operations includes multiple, scheduled passes of each populated area and each right-of-way RFP Template 09.13.17 Page 47 of 64 directed. This will allow citizens to return to their properties and bring materials to the rights-of-way as recovery progresses. The City will prescribe the specific procedures to be used after ascertaining the scope and nature of the disaster's impacts. JJ. ADDITIONAL REQUIREMENTS: 1 . The Contractor shall allow the City staff and/or its agent to visit and inspect the collection activities, storage, processing site and all disposal facilities at any time. 2. The Contractor shall state its compliance with all applicable rules and regulations of Federal, State, and local governing entities. 3. The Contractor shall submit a report detailing the breakdown of costs of supplies, collection, transportation and disposal. The report shall be filed within thirty (30) calendar days of completing the disposal process for any and all wastes accepted during the collection event. The Contractor shall submit all cost accounting data which may be required by the City and FEMA related to this contract. 7. Work Site and Conditions The work shall be performed within the city limits of the City of Corpus Christi, TX. Exhibit A, "Debris Management Zones/City Maps", defines the City limits. 8. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Solid Waste Director 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. Work will be closely monitored by City personnel or their designated representatives and/or designated representatives of the Federal Emergency Management Agency (FEMA). The Contractor must cooperate with all monitors representing the City and FEMA. 9. Special Instructions A. MEASURING AND MARKING: Vehicle Measuring and Marking: Prior to commencing any debris removal work, all the beds of the Contractor's hauling vehicles must be measured, and a certified (by Contractor) listing of all vehicle bed sizes with measurements must be submitted to the Solid Waste Operations Director and updated whenever a new truck/trailer is added by the Contractor. All hauling vehicles must have the Contractor's name, vehicle number, and the measured capacity of the bed clearly visible on both sides of the vehicle. Minimum letter size shall be 3 inches in height. B. COMPENSATION: 1 . Preparation: TDSR site preparation will be paid for on a lump sum basis. This amount includes, but is not limited to, setup of up to three sites, baseline RFP Template 09.13.17 Page 48 of 64 sampling and testing at all sites, signage, and any other preparations necessary to accept debris from the designated removal zones. If the Contractor and Solid Waste Operations Director mutually agree that all three designated TDSR sites are not required, the lump sum amount stated in the Contract will be proportionally reduced to reflect the number of TDSR sites actually prepared for operation. 2. Operations and Disposal: TDSR site operations will be measured and paid for based on a unit price per cubic yard of debris that is accepted at TDSR sites for processing and disposal. The unit price per cubic yard must include all subsidiary costs including, but not limited to, labor, equipment, fuel, environmental controls, maintenance, general administration and disposal. Compensation will be based on completed load tickets administered and validated by City disposal site monitors only. 3. Closure: TDSR Site closure will be paid for on a lump sum basis. This amount includes, but is not limited to, restoration of all sites, sampling and testing at all sites, and any other activities necessary to convert the sites back to their original condition and usage. If the Contractor and Solid Waste Operations Director mutually agreed not to open all three designated TDSR sites, the lump sum amount stated in the Contract will be proportionally reduced to reflect the number of TDSR sites actually opened for operation. C. FEES AND PAYMENT: 1 . Invoices shall be submitted in accordance with the unit prices and disposal requirements specified in the Contract. Any special requirements generating the need for additional fees must be approved by the Solid Waste Director prior to such expenditure. 2. Five percent (5%) of the total Contract amount for any given collection event will be retained by the City until the satisfactory completion of all waste disposal activities, including the receipt by the Solid Waste Director of the reports specified above. The Contractor shall provide all documents pertaining to the disposition of all Hazardous, Toxic or Radiological Waste (HTRW) including but not limited to shipping manifests, bills of lading, and disposal certificates, certificates of destruction, certificates of recycling, land ban forms and waste characterization forms. Within thirty (30) days of receipt of this information, the City will pay the full retained amount for the given collection event. If, however, any questions arise as to the disposition of any waste, the City will withhold payment until the questions are resolved as specified in the proposal. 3. The City will pay tipping fees at the approved landfill. In the event the City's approved landfill is deemed inoperable due to flooding or inaccessibility, the City will identify an alternate landfill for use. The City will negotiate how the tipping fee will be assessed with the owner of the alternate landfill. 4. Payment Retainage: The Solid Waste Operations Director will withhold from the Contractor's compensation any amounts; not to exceed 5%; in connection with RFP Template 09.13.17 Page 49 of 64 deviation from acceptable procedures, negligence resulting in damage to public or private property, unreasonable rates, inadequate record keeping, invoices for work not accomplished or equipment not used, fraudulent claims, or any devious or illegal practice. D. EQUIPMENT: Several types and sizes of equipment to be used are listed in the Contract Price. This is intended to be a general listing at this time. Prior to beginning work, the Contractor will be required to fully identify and submit to the City each item of equipment by type, size and equipment number; the equipment number and the Contractor's name or initials must be permanently marked on each side of the vehicle at that time. Minimum letter size shall be 3 inches in height. Rates for equipment not listed in the Contract must be established with the Director of Solid Waste before such equipment may begin working. E. EQUIPMENT STORAGE The Contractor is responsible for locating and securing areas where his/her equipment may be stored, serviced and repaired. Such areas must not be located within rights-of-way or in any areas that would impact traffic flow or produce a safety hazard. This does not preclude parking equipment for short periods of time, including overnight, in rights-of-way areas where work is in progress. On-site refueling and operating checks including daily maintenance will be allowed only at properly prepared areas. F. CONTRACTOR PERFORMANCE REVIEWS During the course of a post-natural disaster emergency response, the City will periodically review the performance of the Contractor with regard to timeliness, efficiency, effectiveness of reporting and daily communications, safety, billing, and overall performance. A final performance review will take place between thirty (30) and sixty (60) calendar days following the end of the contract term. Both parties will be given the opportunity to address specification conformance, market conditions, and other factors. 10. Exhibits A. Exhibit A - Debris Management Zones B. Exhibit B - Location of Temporary Debris Staging and Reduction Site (TDRS) C. Exhibit C - Clearing Priorities D. Exhibit D - Debris Classification E. Exhibit E - Tree Stump Diameter to Volume Capacity Conversion Table RFP Template 09.13.17 Page 50 of 64 Exhibit A r fi Ir 3 ~ � j f 1 t� �r N � a d � � N I N -` IV N e-.a 7 { � d � t Hurricane Recovery Zones RFP Template 09.13.17 Page 51 of 64 Exhibit A 41 h' a' i weClS 1 � i Zone I f t � � i e ♦ -- i irn t �! 2 7 w m m O Hurricane Recovery Zones RFP Template 09.13.17 Page 52 of 64 Exhibit A ■ Nueces Bay Nib Y RGKp r H,Tr - b_ _ Zone 2 tIdu ~ AX . ` p r_ F � � N m � =`` Hurricanes Recovery Zones RFP Template 09.13.17 Page 53 of 64 Exhibit A Nueces Bny / �, 60! r� III ! -,, k •f- 7-.�` �f' '� - - L R ` — Inc )41 AGTdES a � _ Zone-3 Carpus — Christi + -- Bay © e - va — hn$harcli�ec wcs t ^,c`CJa GEAR vsa l CS ID E3 n W CID` µ A rte. M `• M Hurricane Recovery Zones RFP Template 09.13.17 Page 54 of 64 Exhibit A EENW ] 11 N -y S. _ �z QD 1 , -- 'r J ffT JL r' f/ � = J - r r r w s�x: ■t � � l _ L m z s z G7 m 21 N J .00 L t[ / lip ' � m !M Hurricane Recovery Zones RFP Template 09.13.17 Page 55 of 64 Exhibit A -n l - - cn 2 w v+ - -� 2 - ESE 61 2 V HART 48 #r �, CDl � >,--: CTI'• �.._.f � � n Sj STAPL S L- p r f ; jRo+v ; 4 1 ITIRODD FEE Dy - F _1jr M i W C ` r �s ROSCHER �"'. ——————— g a _ di o m y 3 S � 10 m 2 — � - ,� ��'. Hurricane Recovery Zones RFP Template 09.13.17 Page 56 of 64 Exhibit A Corpus Christi Bcry 1 1 lres,LLk o GRAHAM RD. _ 1 � i .HOLLY CC �4C9N ihs ICIo Duni O Zon@-G --`� D Ri DGE �,,- P UE QRaL _ ! o — f GLENOAK❑R 7 w CARIBBEAN DR aO 1 CT 1 �~' RANlFIELD DR 1 _ KTOWN BLVD .� Laguna Madre r r . s i s `__—_--------_---------------------,, r m Hurricane Recovery Zones a RFP Template 09.13.17 Page 57 of 64 Exhibit A 1P f f P r P P r P f @ l f Carpus Christi Bay i I I 1 f f 1 1 1 i F f 1 V r ' - Zone 7 ` Gulf of Mexico I l t,t- ,r,�•r r a,o, ¢ I f t Vi �BIuH I _ f{{ S f i i i t p rt b m 3r .VA!,I Fs 6 �iJ Sk Laguna dNadrr A�. r m Hurricane Recovery Zones ,{ RFP Template 09.13.17 Page 58 of 64 EXHIBIT B Location of Temporary Debris Staging and Reduction (TDSR) Sites Debris storage and reduction sites will be identified and evaluated by Solid Waste Operation staff that is familiar with the area. Temporary debris collection sites should be readily accessible by recovery equipment and should not require extensive preparation or coordination for use. Collection sites will be on public property when feasible to facilitate the implementation of the mission and mitigate against any potential liability requirements. Activation of sites will be under the control of the Director Solid Waste Operations, and will be coordinated with other recovery efforts. The following is a list of current temporary holding sites: J. C. Elliott Transfer Station, 7001 Ayers St. Cefe Valenzuela Landfill, 2397 County Road 20, Robstown, Texas Westside Landfill Closed, 3702 Carbon Plant Rd. (Joe Fulton Highway & Herns Ferry Rd. area) RFP Template 09.13.17 Page 59 of 64 EXHIBIT C Clearing Priorities The debris removal process must be initiated promptly and conducted in an orderly, effective manner in order to protect public health and safety following a major or catastrophic event. To achieve this objective, the first priority will be to clear debris from key roads in order to provide access for emergency vehicles and resources into the impacted area. Key roads in The City of Corpus Christi are identified as follows: Corpus Christi Police Department Locations: Corona Sub 4510 Corona Dr. Flour Bluff Sub 1456 Waldron Rd New Annaville Sub 1925 Tuloso Rd Old Annaville Sub 4100 Allison Rd Saratoga Sub (Gang Unit) 2230 Saratoga Corpus Christi Fire Stations: Station 1 - 514 Belden St Station 2 - 13421 Up River Rd Station 3 - 1401 Morgan Ave Station 4 - 2338 Rodd Field Rd. Station 5 - 3312 Leopard St. Station 6 - 6713 Weber Rd. Station 7 - 3722 S. Staples St. Station 8 - 4645 Kostoryz Rd. Station 9 - 501 Navigation Blvd. Station 10 - 1550 Horne Rd. Station 11 - 910 Airline Rd. Station 12 - 2120 Rand Morgan Rd. Station 13 - 1802 Waldron Rd. Station 14 - 5901 S. Staples. St. Station 15 - 14202 Commodores Dr. Station 17 - 6869 Yorktown Blvd Station 18 - 6226 Ayers RFP Template 09.13.17 Page 60 of 64 Corpus Christi International Airport - 1000 International Dr. Corpus Christi Hospitals: Christus Spohn Memorial 2606 Hospital Blvd Christus Spohn Shoreline 600 Elizabeth St.Christus Spohn South 5950 Saratoga Blvd. CCMC Bay Area 7101 SPID CCMC Doctors Regional 3315 South Alameda St. Driscoll Children's Hospital 3533 South Alameda Public Facilities: City Hall 1201 Leopard St. City Service Center 5352 Ayers St. County Courthouse 901 Leopard St. ON Stevens Water Plant 13101 Up River Rd Wastewater/Sewage Treatment Facilities: Greenwood Wastewater Treatment Plant 6541 Greenwood Dr. Oso Wastewater Treatment Plant 501 Nile Dr. Allison Wastewater Treatment Plant 4101 Allison Dr. Broadway Wastewater Treatment Plant 1402 W. Broadway Laguna Madre Wastewater Treatment Plant 201 Jester St. Whitecap Wastewater Treatment Plant 13409 Whitecap Blvd. Other Facilities so designated by the Director of Solid Waste Operations. RFP Template 09.13.17 Page 61 of 64 EXHIBIT D DEBRIS CLASSIFICATION To facilitate the debris management process, debris will be segregated by type. It is recommended that the categories of debris established for recovery operations will be standardized. The City will adopt the categories established for recovery operations by the U.S. Army Corps of Engineers. Debris removed will consist of two broad categories; clean wood debris and construction and demolition debris. Most common hurricane-generated debris will consist of 30% clean woody material and 70% construction and demolition (C&D). Of the 70% mixed C&D it is estimated 42% will be burnable but require sorting, 5%will be soil, 15%will be metals, and 38% landfill. Definition of classifications of debris are as follows: Burnable Materials: Burnable materials will be of two types with separate burn locations: • Burnable Debris: Burnable debris includes, but is not limited to, damaged and disturbed trees; bushes and shrubs; broken, partially broken and severed tree limbs; and bushes. Burnable debris consists predominately of trees and vegetation. Burnable debris does not include garbage or construction and demolition material debris. • Burnable Construction Debris: Burnable construction and demolition debris consists of non-creosote structural timber, wood products, and other materials designated by the coordinating agency representative. Non-burnable Debris: Non-burnable construction and demolition debris includes, but is not limited to, creosote timber, plastic, glass, rubber and metal products, sheet rock, roofing shingles, carpet, tires, and other materials as may be designated by the coordinating agency. Garbage will be considered non-burnable debris. RFP Template 09.13.17 Page 62 of 64 Exhibit E TREE STUMP DIAMETER TO VOLUME CAPACITY CONVERSION TABLE The formula used to calculate the cubic yardage uses the following factors based upon findings in the field: Stump diameter measured two feet up from ground Stump diameter to root ball diameter ratio of 1:3.6 Root ball height of 31" STUMP DIAMETER CUBIC YARDS STUMP DIAMETER CUBIC YARDS 6 0.3 46 15.2 7 0.4 47 15.8 8 0.5 48 16.5 9 0.6 49 17.2 10 0.7 50 17.9 11 0.9 51 18.6 12 1 52 19.4 13 1.2 53 20.1 14 1.4 54 20.9 15 1.6 55 21.7 16 1.8 56 22.5 17 2.1 57 23.3 18 2.3 58 24.1 19 2.6 59 24.9 20 2.9 60 25.8 21 3.2 61 26.7 22 3.5 62 27.6 23 3.8 63 28.4 24 4.1 64 29.4 25 4.5 65 30.3 26 4.8 66 31.2 27 5.2 67 32.2 28 5.6 68 33.1 29 6 69 34.1 30 6.5 70 35.1 31 6.9 71 36.1 32 7.3 72 37.2 33 7.8 73 38.2 34 8.3 74 39.2 35 8.8 75 40.3 36 9.3 76 41.4 37 9.8 77 42.5 38 10.3 78 43.6 39 10.9 79 44.7 40 11.5 80 45.9 41 12 81 47 42 12.6 82 48.2 43 13.3 83 49.4 44 13.9 84 50.6 45 14.5 Page 63 of 64 ATTACHMENT B - BID/PRICING SCHEDULE pv,/,/ CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFB No. 1491 Disaster Debris Clearing, Removal and Disposal Services Date: 01I,21 e;� i 1 n Authorized Bidder: � � 1�rTY(� � 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 STAGE 1 -DEBRIS CLEARING SERVICES DESCRIPTION UNIT QTY UNIT COST TOTAL COST 1 Emergency Road Clearance HR 70 $505,00 QuIaSo. 2 Debris Removal from Water Bodies(Bays,Rivers,Streams,Canals,Lakes) CY 1,000 $ (? CO $ ,co 3 Removal of Leaning Trees and Hanging Limbs HR 70 sdao,CD $15 4Do.pp 4 Demolition of Structures HR 1 70 is j/)SM Is I p'750,t�17 ITEM STAGE 1 -DEBRIS CLEARING SERVICES DESCRIPTION(CONTINUED) UNIT QTY UNIT COST TOTAL COST 6 Skid-Steer Loader(equipment&labor) HR 70 S4S-o0 SIO pp 7 Bucket Truck(equipment&labor) HR 70 $ $ 8 Chipper Mulcher with 8"Throat(equipment&labor) HR 70 $ $ 9 Chipper Mulcher with 12"Throat(equipment&labor) HR 70 $ LfS,M$ 50 10 Crash Truck with Impact Attenuator(equipment&labor) HR 70 $ ,C)D $q 1-70p,00 11 Crew Foreman w/Cell Phone and Pickup Truck(equipment&labor) HR 70 $ ,00 $" aCp.Qp 12 Dozer Tracked D5 or Equivalent(equipment&labor) HR 70 $ C)D $T p0 13 Dozer Tracked D6 or Equivalent(equipment&labor) HR 70 $ (S $ 14 Dozer Tracked D7 or Equivalent(equipment&labor) HR 70 $ $(aaaso'00 15 Dozer Tracked D8 or Equivalent(equipment&labor) HR 70 $ i 0,CID $13 3U).O 16 Dump Truck 16-20 CY capacity(equipment&labor) HR 70 $ ,W $10)MIOD 17 Dump Truck 21 -30 CY capacity(equipment&labor) HR 70 S i(Q S h.5501 DO 18 Dump Truck 38+/-CY capacity(equipment&labor) HR 70 19 Generator 5.5-25 kw capacity HR 70 $ $ I ypp, 20 Generator 200-250 kw capacity HR 70 $ $of 100.0o 21 Generator 2500 kw capacity HR 70 $ $tl g00.Qv 22 Light Plant with Fuel and Support HR 70 $ 40,C0 5 o 300 LX) 23 Graderw/12 Blade minimum 30,000 lbs.(equipment&labor) HR 70 $ $ 7 tXj 24 Hydraulic Excavator, 1.5 CY,including equipment and labor HR 70 $ $t(0 154-G„ 25 Hydraulic Excavator,2.5 CY,including equipment and labor HR 70 $ -, $il,60.00 26 Knuckleboom Loader,including equipment and labor HR 70 $ate,�0$ 0, 27 Chainsaw(equipment and labor) HR 70 $ $ IXJ• 28 Labor w/small tools Traffic Control Flag Person HR 70 $ �, S C10.co 29 Lowboy Trailer w/Trackor,including equipment and labor HR 70 $ $,7 ADO.60 30 Log Skidder,including equipment and labor HR 70 $ $ cppp. 31 Mobile Crane up to 15 Ton,including equipment and labor HR 70 $ ,CD$ 32 Operations Manager w/Cell Phone and Pickup(equipment and labor) HR 70 $ Pump,95 HP (Minumum 25'Intake and 200'Discharge to include fuel and Support 33 Personel HR 70 $9W,co S]`/,0'�V,c0 ITEM STAGE 1 -DEBRIS CLEARING SERVICES DESCRIPTION(CONTINUED) UNIT QTY UNIT COST TOTAL COST Pump,200 HP(Minumum 25'Intake and 200'Discharge to include fuel and ,,i� 34 Support Personel HR 70 $ D,[w $�J,a00•r-,o Pump,650 HP(Minumum 25'Intake and 200'Discharge to include fuel and 35 Support Personel HR 70 36 Pickup Truck, 1/2 Ton,including equipment and labor HR 70 $ Coo,CO $ Co.(�b 37 Pickup Truck, 1 Ton,including equipment and labor,as per specification per hour HR 70 $ QG'00 Ssoyv W Skid-Steer Loader, 1,500 LB Operating Capacity(w/utility grapple),including 38 equipment and labor HR 70 $ PD-00 A WD CD Skid-Steer Loader,2,500 LB Operating Capacity(w/utility grapple),including 39 equipment and labor HR 70 $ J(0,6,co S 11,SSO,Co 40 Soil Compactor 80 HP,including equipment and labor HR 70 $ 41 Soil Compactor 81 HP+,including equipment and labor HR 70 $ $'Q CID $S 42 Soil Compactor Towed Unit,including equipment and labor HR 70 5 la o'00 $3 qw,W 43 Stump Grinder 30"diameter or less,including equipment and labor HR 70 S $ 14!56,QD 44 Traffic Control Temporary single lane Closure,including equipment and labor HR 70 $ ODDO $ 00'o0 45 Tree Climberw/chainsaw and gear,including equipment and labor HR 70 5 $3 sL -6_') 46 Truck Flatbed,including equipment and labor HR 70 $ 1C, 0 $ t7wol 00 47 Tub Grinder 800 to 1,000 HP,including equipment and labor HR 70 $ 5q 500,&D 48 Waste Collection Rear Loader Truck,Including equipment and labor HR 70 5 00 $la,az Q) Water Truck,2,500 gal (Non-Potable,Dust Control and Pavement Maintenance), 49 including equipment and labor HR 70 S f $ 17,%0,06 50 Wheel Loader 2.5 CY,950 or equivalent,including equipment and labor HR 70 $ $iI SSLI{ 51 Wheel Loader 3.5 to 4 CY,966 or equivalent,including equipment and labor HR 70 $ $1 X0,00 52 Wheel Loader 4.5 CY,980 or equivalent,including equipment and labor HR 70 $ 5( ('9S-Qcc 53 Wheel Loader-Backhoe 1.0-1.5 CY,including equipment and labor HR 70 $ Q(j $ gG0'6b 54 Air Curtain Pit Burner,including equipment and labor HR 70 $ r S S ast).ZZ 55 Air Curtain Refactory,Incinerator,including equipment and labor HR 70 $ $ 9567v Subtotal for items 1 -55$ 4 ITEM STAGES 2&3- DEBRIS REMOVAL& DISPOSAL SERVICES DESCRIPTION UNIT QTY UNIT COST TOTAL COST 56 TDSR Site Peparation and Management LS 1 $ ,DO $( ,Qb 57 TDSR Site Closure LS 1 Debris Removal from Public Property or maintained Public Rights of Way and Haul 58 to a designated TDSR site or Final Disposal Site 0 to 15 miles(one-way miles) CY 4,000,000 $ b,� S�o� OL)6 v ,60 Debris Removal from Public Property or maintained Public Rights of Way and Haul 59 to a designated TDSR site or Final Disposal Site 16 to 30 miles(one-way miles) CY 4,000,000 $ $ d Debris Removal from Public Property or maintained Public Rights of Way and Haul 60 to a designated TDSR site or Final Disposal Site 31 to 60 miles(one-way miles) CY 4,000,000 $` S Cr oc) Debris Removal from Temporary Debris Storage and Reduction Site (TDSRS)and 61 Hauling to Final Disposal Site 0 tol5 one way miles CY 4,000,000 SS $,:),D Debris Removal from Temporary Debris Storage and Reduction Site(TDSRS)and 62 Hauling to Final Disposal Site 16 to 30 one way miles CY 4,000,000 $j QD $07O Debris Removal from Temporary Debris Storage and Reduction Site(TDSRS)and 63 Hauling to Final Disposal Site 31 to 60 one way miles CY 4,000,000 $S L) Vegetative Debris Removal from Public Property or maintained Public Rights of Way and Haul to a designated TDSR site or Final Disposal Site 0 to 15 miles(one- 64 way miles) CY 1 120,000 Is -I-©D $ CfR0 C� Vegetative Debris Removal from Public Property or maintained Public Rights of Way and Haul to a designated TDSR site or Final Disposal Site 16 to 30 miles(one- 65 way miles) CY 120,000 $ ,(:)D $ ITEM STAGES 2&3- DEBRIS REMOVAL&DISPOSAL SERVICES DESCRIPTION(Continued) UNIT QTY UNIT COST TOTAL COST Vegetative Debris Removal from Public Property or maintained Public Rights of Way and Haul to a designated TDSR site or Final Disposal Site 31 to 60 miles(one- 66 way miles) CY 120,000 $ �f S 600, Vegetative Debris Removal from Temporary Debris Storage and Reduction Site 67 (TDSRS)and Hauling to Final Disposal Site 0 tol5 one way miles CY 120,000 5 U,DO Vegetative Debris Removal from Temporary Debris Storage and Reduction Site 68 (TDSRS)and Hauling to Final Disposal Site 16 to 30 one way miles CY 120,000 $ 990 0mCZ Vegetative Debris Removal from Temporary Debris Storage and Reduction Site 69 (TDSRS)and Hauling to Final Disposal Site 31 to 60 one way miles CY 120,000 $ $ , Hauling of White Goods such as:Refrigerators,Washer,Dryers,Freezers,Air Conditioners,Stoves,Water Heaters and Dishwashers to a designated TDSR Site for 70 recycling EA 300 Refridgerators,Freezers and Air Conditioners requiring refridgerant recovery 71 management and decontamination EA 100 $ $ (Xj, Hauling and Disposal of Damaged Electronics such as televisions,computer 72 hardware,microwaves,radios,stereos,DVD players and telephones. EA 500 75 Pick up and Disposal of Hazardous Material LB 1,000,000 $ 76 Dead Animal Carcasses Collection,Transportation and Disposal LB 1,000 0.()o()o $ f Hazardous Stump Removal&Hauling to Disposal Site per cubic yard according to 77 stump conversion table attachment E(includes backfilling of stump holes) CY 750 $ ((,S:C(j $ D. Removal and disposal of hazardous frees 6"TO 12.99"in diameter and hauling to 78 TDRS or designated final disposal site. EA 50o 5 ,1D $(off Scc): Removal and disposal of hazardous trees 13"TO 24.99"in diameter and hauling to 79 TDRS or designated final disposal site. EA 250 $, Lcl (x^j $ ITEM STAGES 2&3-DEBRIS REMOVAL&DISPOSAL SERVICES DESCRIPTION(Continued) UNIT QTY UNIT COST TOTAL COST Removal and disposal of hazardous trees 25"TO 36.99"in diameter and hauling to 80 TDRS or designated final disposal site. EA 500 $ f�, Removal and disposal of hazardous trees 37"TO 48.99"in diameter and hauling to 81 TDRS or designated final disposal site. EA 250 $ (pc(0-(n $ Ilop pp©, Removal and disposal of hazardous trees 49"and larger in diameter and hauling to 82 TDRS or designated final disposal site. EA 100 $ 000,CID $?0 Temporary Debris Staging and Reduction Site Operation,debris acceptance and 83 pile management CY 4,000,000 $ Lgo,ODD 00 84 Volume reduction of debris through grinding and or chipping CY 1,000,000 $ 3, j $ -_'56Q W 85 Volume reduction of debris through air incineration. CY 1,000,000 $ $ (�j 86 Baseline soil sampling(Pre&Post-use) EA 40 $500,OD Sa?o cm>, 87 Groundwater sampling Per&Post-use EA 20 $,a5, 0,Co $ ,u Subtotal for items 56-87 1Dr]qL GOD,OCL ITEM STAGE 4- HTRW SERVICES DESCRIPTION UNIT QTY UNIT COST TOTAL COST 88 Removal and Hauling of Hazardous Waste to Processing Site 0 to 15 miles Miles 10 $(CS.00 $(c D,CZ 89 Removal and Hauling of Hazardous Waste to Processing Site 16 to 30 miles Miles 20 $os.OL7 $ bom,O 90 Removal and Hauling of Hazardous Waste to Processing Site 31 to 60 miles Miles 30 $PS.CYC $ No, 91 Waste Categorization Sampling and Analysis LS 1 $500-ck>$ ,cc-) 92 Liquid Waste Disposal in 55 gallon drums using incineration method of disposal EA 300 $jc W.CC) 93 Liquid Waste Disposal in 55 gallon drums using injection method of disposal EA 40 $f 0o.Q) $4D)ccD4 Liquid Waste Disposal in 2,800 Gallon Vacuum Truck using injection method of 94 disposal EA 4 $gcco, $ ITEM STAGE 4-HTRW SERVICES DESCRIPTION(Continued) UNIT QTY UNIT COST TOTAL COST Liquid Waste Disposal in 2,800 Gallon Vacuum Truck using incineration method of 96 disposal EA 4 S ' 000'ob S p� Dry Harzardous Waste Disposal-Roll-of Box for disposal at Landfill(TOTAL CAPACITY 97 200,000 POUNDS) LB 20 $ ao.w 98 Accident Spill Kits EA 10 $500,00 $ p� 99 IManifest Preparation EA 10 $; Op,00 S pb Subtotal for items 88-99$ CONTRACTOR PERSONNEL ITEM ADMINISTRATIVE PERSONNEL UNIT QTY UNIT COST TOTAL COST 100 Senior Project Coordinator HR 8 soaoo $u3Q 101 Field Project Manager HR 8 $ Zu$q Uo,ac) 102 Program/Documentation Manager HR 8 $ S.00 $ p,00 COLLECTION SITE MANAGEMENT PERSONNEL HR 8 SL[ S ,pD 103 Field Project Supervisor HR 8 $(Q $ ,Dc� 104 Safety Manager HR 8 $ — $1 f(40,Ob 105 Debris Reduction Manager HR 8 $ b,cib 106 IChemist HR 8 , $L440,CID 107 1 Waste Pickup Crew Hazardous Material (HM) Field Technician HR 8 $ , 108 Waste epara ion Crew HM Field Technicians HR 8 $ $1_ II Subtotal for Items 100- 108 $ Grand Total for items 1 - 108 ATTACHMENT C - INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 POLLUTION LIABILITY $1 ,000,000 Per Incident Limit (Including Cleanup and Remediation) $1 ,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Storm and Disaster Debris Removal 03/30/2018 sw Risk Management 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. Warranty of this service agreement is null; warranty is not required. Page 1 of 1 ATTACHMENT E: FEDERAL REQUIREMENTS FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-F01 Access to Records FR-F02 Breach of Contract FR-F03 Byrd Anti-Lobbying Amendment FR-F04 Clean Air Act and the Federal Water Pollution Control Act FR-F05 Compliance with Federal Law, Regulations, and Executive Orders FR-F06 Contract Work hours and Safety Standards Act FR-F07 Copeland "Anti-Kickback" Act (Construction Only) FR-F08 Davis-Bacon Act (Construction Only) FR-F09 Debarment and Suspension FR-F10 DHS Seal, Logo and Flags FR-F11 Equal Employment Opportunity (Construction Only) FR-F12 No Obligation by Federal Government FR-F13 Procurement of Recovered Materials FR-F14 Program Fraud and False or Fraudulent Statements or Related Acts FR-F15 Right to Inventions Made Under Contract or Agreement (Not for Public Assistance Contracts) FR-F16 Termination for Cause and Convenience END OF TABLE OF CONTENTS FEDERAL REQUIREMENTS: FR-F01 ACCESS TO RECORDS Access to Records. The following access to records requirements apply to this contract: (1) The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Reference: DHS Standard Terms and Conditions, v 3.0, ¶ XXVI (2013) FEDERAL REQUIREMENTS: FR-F02 BREACH OF CONTRACT Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. City will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. City reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the City elects to terminate the Contract. The City's notice will identify a specific date by which the Contractor must correct the breach. City may proceed with termination of the Contract if the Contractor fails to correct the breach by deadline indicated in the City's notice. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Reference: 2 CFR § 200 Appendix II(A) FEDERAL REQUIREMENTS: FR-F03 BYRD ANTI-LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Reference: 31 U.S.C. § 1352 (as amended) FEDERAL REQUIREMENTS: FR-F04 CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Reference: 2 CFR § 200, Appendix II¶ (G) FEDERAL REQUIREMENTS: FR-F05 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Reference: FEMA requirement FEDERAL REQUIREMENTS: FR-F06 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (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 forty 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 paragraph (1) of this section 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 paragraph (1) of this section, 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 forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City 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 moneys 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 section. (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors 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 paragraphs (1) through (4) of this section. Reference: 29 CFR § 5.5(b) FEDERAL REQUIREMENTS: FR-F07 COPELAND "ANTI-KICKBACK" ACT NOT APPLICABLE TO THIS CONTRACT FEDERAL REQUIREMENTS: FR-F08 DAVIS - BACON REQUIREMENTS NOT APPLICABLE TO THIS CONTRACT FEDERAL REQUIREMENTS: FR-F09 DEBARMENT AND SUSPENSION (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Reference: 2 CFR part 180, 2 CFR part 3000 FEDERAL REQUIREMENTS: FR-F10 DHS SEAL, LOGO AND FLAGS The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. Reference: DHS Standard Terms and Conditions, v.3.0 ¶ XXV (2013) FEDERAL REQUIREMENTS: FR-F11 EQUAL EMPLOYMENT OPPORTUNITY NOT APPLICABLE TO THIS CONTRACT FEDERAL REQUIREMENTS: FR-F12 NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. Reference: FEMA requirement FEDERAL REQUIREMENTS: FR-F13 PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements, or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https-//www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. Reference: 2 CFR § 200.322 and 40 CFR part 247 FEDERAL REQUIREMENTS: FR-F14 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS RE RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Reference: 31 U.S.C. Chap. 38 FEDERAL REQUIREMENTS: FR-F15 RIGHT TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT NOT APPLICABLE TO THIS CONTRACT FEDERAL REQUIREMENTS: FR-F16 TERMINATION FOR CAUSE AND CONVENIENCE Termination for Cause: (a) (1) The Government may, subject to paragraphs (c) and (d) below, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to - (i) Deliver the supplies or to perform the services within the time specified in this contract or any extension; (ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below); or (iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below). (2) The Government's right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure. (b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated. (c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. (d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. (e) If this contract is terminated for default, the Government may require the Contractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the Government has an interest. (f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders. (g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government. (h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract. Termination for Convenience: (a) The Government may terminate performance of work under this contract in whole or, from time to time, in part if the Contracting Officer determines that a termination is in the Government's interest. The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date. (b) After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this clause: (1) Stop work as specified in the notice. (2) Place no further subcontracts or orders (referred to as subcontracts in this clause) for materials, services, or facilities, except as necessary to complete the continued portion of the contract. (3) Terminate all subcontracts to the extent they relate to the work terminated. (4) Assign to the Government, as directed by the Contracting Officer, all right, title, and interest of the Contractor under the subcontracts terminated, in which case the Government shall have the right to settle or to pay any termination settlement proposal arising out of those terminations. (5) With approval or ratification to the extent required by the Contracting Officer, settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts; the approval or ratification will be final for purposes of this clause. (6) As directed by the Contracting Officer, transfer title and deliver to the Government (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work terminated, and (ii) the completed or partially completed plans, drawings, information, and other property that, if the contract had been completed, would be required to be furnished to the Government. (7) Complete performance of the work not terminated. (8) Take any action that may be necessary, or that the Contracting Officer may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the Government has or may acquire an interest. (9) Use its best efforts to sell, as directed or authorized by the Contracting Officer, any property of the types referred to in subparagraph (b)(6) of this clause; provided, however, that the Contractor(i) is not required to extend credit to any purchaser and (ii) may acquire the property under the conditions prescribed by, and at prices approved by, the Contracting Officer. The proceeds of any transfer or disposition will be applied to reduce any payments to be made by the Government under this contract, credited to the price or cost of the work, or paid in any other manner directed by the Contracting Officer. (c) The Contractor shall submit complete termination inventory schedules no later than 120 days from the effective date of termination, unless extended in writing by the Contracting Officer upon written request of the Contractor within this 120-day period. (d) After expiration of the plant clearance period as defined in subpart 49.001 of the Federal Acquisition Regulation, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of termination inventory not previously disposed of, excluding items authorized for disposition by the Contracting Officer. The Contractor may request the Government to remove those items or enter into an agreement for their storage. Within 15 days, the Government will accept title to those items and remove them or enter into a storage agreement. The Contracting Officer may verify the list upon removal of the items, or if stored, within 45 days from submission of the list, and shall correct the list, as necessary, before final settlement. (e) After termination, the Contractor shall submit a final termination settlement proposal to the Contracting Officer in the form and with the certification prescribed by the Contracting Officer. The Contractor shall submit the proposal promptly, but no later than 1 year from the effective date of termination, unless extended in writing by the Contracting Officer upon written request of the Contractor within this 1-year period. However, if the Contracting Officer determines that the facts justify it, a termination settlement proposal may be received and acted on after 1 year or any extension. If the Contractor fails to submit the proposal within the time allowed, the Contracting Officer may determine, on the basis of information available, the amount, if any, due the Contractor because of the termination and shall pay the amount determined. (f) Subject to paragraph (e) of this clause, the Contractor and the Contracting Officer may agree upon the whole or any part of the amount to be paid or remaining to be paid because of the termination. The amount may include a reasonable allowance for profit on work done. However, the agreed amount, whether under this paragraph (f) or paragraph (g) of this clause, exclusive of costs shown in subparagraph (g)(3) of this clause, may not exceed the total contract price as reduced by (1)the amount of payments previously made and (2) the contract price of work not terminated. The contract shall be modified, and the Contractor paid the agreed amount. Paragraph (g) of this clause shall not limit, restrict, or affect the amount that may be agreed upon to be paid under this paragraph. (g) If the Contractor and the Contracting Officer fail to agree on the whole amount to be paid because of the termination of work, the Contracting Officer shall pay the Contractor the amounts determined by the Contracting Officer as follows, but without duplication of any amounts agreed on under paragraph (f) of this clause: (1) The contract price for completed supplies or services accepted by the Government (or sold or acquired under subparagraph (b)(9) of this clause) not previously paid for, adjusted for any saving of freight and other charges. (2) The total of - (i) The costs incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto, but excluding any costs attributable to supplies or services paid or to be paid under subparagraph (g)(1) of this clause; (ii) The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the contract if not included in subdivision (g)(2)(i) of this clause; and (iii) A sum, as profit on subdivision (g)(2)(i) of this clause, determined by the Contracting Officer under 49.202 of the Federal Acquisition Regulation, in effect on the date of this contract, to be fair and reasonable; however, if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, the Contracting Officer shall allow no profit under this subdivision (iii) and shall reduce the settlement to reflect the indicated rate of loss. (3) The reasonable costs of settlement of the work terminated, including - (i) Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data; (ii) The termination and settlement of subcontracts (excluding the amounts of such settlements); and (iii) Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory. (h) Except for normal spoilage, and except to the extent that the Government expressly assumed the risk of loss, the Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph (g) of this clause, the fair value as determined by the Contracting Officer, for the loss of the Government property. (i) The cost principles and procedures of part 31 of the Federal Acquisition Regulation, in effect on the date of this contract, shall govern all costs claimed, agreed to, or determined under this clause. (j) The Contractor shall have the right of appeal, under the Disputes clause, from any determination made by the Contracting Officer under paragraph (e), (g), or (1) of this clause, except that if the Contractor failed to submit the termination settlement proposal or request for equitable adjustment within the time provided in paragraph (e) or (1), respectively, and failed to request a time extension, there is no right of appeal. (k) In arriving at the amount due the Contractor under this clause, there shall be deducted (1) All unliquidated advance or other payments to the Contractor under the terminated portion of this contract; (2) Any claim which the Government has against the Contractor under this contract, and (3) The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by the Contractor or sold under the provisions of this clause and not recovered by or credited to the Government. (1) If the termination is partial, the Contractor may file a proposal with the Contracting Officer for an equitable adjustment of the price(s) of the continued portion of the contract. The Contracting Officer shall make any equitable adjustment agreed upon. Any proposal by the Contractor for an equitable adjustment under this clause shall be requested within 90 days from the effective date of termination unless extended in writing by the Contracting Officer. (m) (1) The Government may, under the terms and conditions it prescribes, make partial payments and payments against costs incurred by the Contractor for the terminated portion of the contract, if the Contracting Officer believes the total of these payments will not exceed the amount to which the Contractor will be entitled. (2) If the total payments exceed the amount finally determined to be due, the Contractor shall repay the excess to the Government upon demand, together with interest computed at the rate established by the Secretary of the Treasury under 50 U.S.C. App. 1215(b)(2). Interest shall be computed for the period from the date the excess payment is received by the Contractor to the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in the Contractor's termination settlement proposal because of retention or other disposition of termination inventory until 10 days after the date of the retention or disposition, or a later date determined by the Contracting Officer because of the circumstances. (n) Unless otherwise provided in this contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this contract for 3 years after final settlement. This includes all books and other evidence bearing on the Contractor's costs and expenses under this contract. The Contractor shall make these records and documents available to the Government, at the Contractor's office, at all reasonable times, without any direct charge. If approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions may be maintained instead of original records and documents. Reference: 48 CFR 52.249; 2 CFR § 200 Appendix II(B) SC GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 17, 2018 NCORROP pEO 1852 Action Item for the City Council Meeting of July 24, 2018 DATE: July 17, 2018 TO: Keith Selman, Interim City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM(a�cctexas.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a)..cctexas.com (361) 826-3169 Two-year Service Agreement for Storm Debris Removal Monitoring and Consulting Services, not to Exceed Amount $871,875 with Two, Two-year Options and a Total Potential Multi-year Amount of up to $2,615,625 CAPTION: Motion authorizing a two-year service agreement to provide storm debris monitoring and consulting services with Thompson Consulting Services, LLC, of Lake Mary, Florida for $871,875, with two, two-year options for a total potential multi-year amount of$2,615,625. PURPOSE: This is a motion to approve awarding a contingency service agreement for the Solid Waste Department for storm debris monitoring and consulting services dependent on a Federal Emergency Management Administration (FEMA) declared disaster emergency. BACKGROUND AND FINDINGS: This service agreement is for providing storm debris removal monitoring and consulting services which includes associated management and accounting services necessary for disaster related debris removal and disposal during an emergency. The Contractor shall be responsible for monitoring the recovery efforts of the City's Disaster Management Contractor (DMC) in the field in accordance with FEMA policies and guidelines. The Purchasing Division conducted a competitive Request for Proposal process to obtain proposals from qualified firms to provide storm debris removal monitoring and consulting services. The City received four proposals for these services, and evaluations of the proposals began by the City's evaluation committee. The four firms' technical proposals and pricing were evaluated and scored by the evaluation committee. The firm ranked highest in the evaluation process, Thompson Consulting Services, LLC, is being recommended for award as the firm providing the best value for this service. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: This contract will only be activated in the event of an emergency. Emergency declaration procedures will be performed in accordance with City policy and determined by the size and magnitude of the event. As a contingency contract, certification of funds is not required due the unknown cost of any event. 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: 2018-2019 Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered / $0.00 $0.00 $0.00 Expended Amount This item $0.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 Fund(s): General Fund Comments: Funding for this contract will initially be drawn from reserve accounts but will likely be reimbursed by FEMA under their disaster recovery reimbursement guidelines. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP No. 1496 -Storm Debris Removal Monitoring and Consulting John Elizondo True North Proposal Evaluation Pro l EltiPts. Thompson WittO'Brien's Tetra Tech,Inc. Emergency p ConsusRing Services Management Minimum Qualifications Pass/Fail PASS PASS PASS PASS Must have excellent understanding of FEMA Reimbursement V V V V for Storm Debris and Disaster Debris Monitoring Experience. Required 5 years in Business V V V V No outstanding lawsuits/litigation with City during last 5 years V V V V No outstanding regulatory issues last 5 years V V V V References Provided for firm V V V V Technical Proposal Technical Proposal(50 points) 5o 47.33 37.33 45.33 44.00 Firm's Experience 18 Team Experience 18 Understanding of Project Scope 14 Interview Interview(30 points) 30 26.67 0 29 28.67 Firms'Experience 8 Team Identificaton 10 Understanding of Project Scope 12 Price Price(20 points) 20 20.00 0.00 17.74 15.68 Total 100 94.00 37.33 92.07 88.35 T1852 SERVICE AGREEMENT NVQ. 1495 Storm Debris Removal, Monitoring and Consulting THIS Storm Debris Removal, Monitoring and Consulting Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Thompson Consulting Services, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Storm Debris Removal, Monitoring and Consulting in response to Request for Bid/Proposal No. 1496 ("RFB/RFP"), which RFBIRFP 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 Storm Debris Removal, Monitoring and Consulting ("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 24 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 24-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 $871,875.00, 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-Federal Funding Page 1 of 7 Approved as to Legal Form 3/6/18 Name: Norma Salinas Department: Solid Waste Operations Phone: (361) 826-1977 Email: NormaS@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within TO 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. Wa rra nty. Service Agreement Standard Form-Federal Funding Page 2 of 7 Approved as to Legal Form 3/6/18 (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 ❑ by the manufacturer, for the period stated in Attachment D. Attachment ❑ is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement 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 and Changes. 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. Any changes that alter the Service Agreement Standard Form-Federal Funding Page 3 of 7 Approved as to Legal Form 316118 method, price, or schedule of work must be allowable, allocable,within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the some. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare faxes, 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 TTitle: Systems Support Coordinator Address: 2525 Hygeia St., Corpus Christi, TX 78415 Phone: (361) 826-1977 Fax: (361) 826-1971 IF TO CONTRACTOR: Thompson Consulting Services, LLC Attn: Jon Hoyle Title: President Address: 1 135 Tow npark Avenue, Suite 2101, Lake Mary, Florida 32746 Phone: 407-792-0018 Fax: 407-878-7858 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreemenf Standard Form-Federal Funding Page 4 of 7 Approved as to Legal Form 316118 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) Termination for Cause. 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) Termination for Convenience. 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. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. 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. 21. 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 Service Agreement Standard Form-Federal Funding Page 5 of 7 Approved as to Lego[ Form 316118 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. 22. 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). 23. 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. 24. 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. 25. 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. 26. 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. 27. Federal Funding Requirements. This project is subject to requirements provided for Federal Emergency Management Agency (FEMA) and/or other federally-funded projects. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as FEMA or its designee may by appropriate instructions require, a copy of applicable prevailing wage decision, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be Service Agreement Standard Form-Federal Funding Page 6 of 7 Approved as to Legal Form 316118 responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. CONTRACTOR Signature: Printed Name: Title: r' 6 Date: —6�j 7I 2 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: Federal Requirements Incorporated by Reference Only: Exhibit l: RFB/RFP No. 1496 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form-Federal Funding Page 7 of 7 Approved as to Legal Form 306118 ATTACHMENT A - SCOPE OF WORK 1. General Requirements A Background 1. The Contractor shall provide all services related to debris monitoring for all debris management activities in accordance with the applicable Federal, State and local regulations, as applicable, which may include the Federal Emergency Management Agency (FEMA), Federal Highway Administration (FHWA), Texas Department of Transportation (TxDOT), Texas Department of Health (TDH), Natural Resources Conservation Services (NRCS), Historical Preservation Office (SHPO), and the Texas Commission on Environmental Quality (TCEQ) or other regulations as determined by the City. 2. It is the City's intent to have a primary Contractor manage the debris monitoring services which include, but are not limited to, monitoring the following - field operations regarding all storm generated debris; debris pickup: debris hauling, debris staging and reduction, temporary debris storage site management, debris management, and final disposal of debris to an approved site. 3. The Contractor must have established management teams, an established network of resources to provide the necessary equipment and personnel, comprehensive debris monitoring service and Public Assistance Consulting Services in major disaster recovery projects. 4. The contract will be activated only in the face of an emergency at the discretion of the City. As such, no compensation will accrue to the Contractor unless and until the contract is activated either in anticipation of a natural or man-made disaster or immediately after such disaster. 5. The contract is for a two-year term with two additional two-year options and recertification of Contractor capabilities every two years. 6. The Contractor shall be required to participate in annual City-directed disaster recovery training and/or exercises at no cost to the City. Contractor shall provide a training to project approach, which includes tasks in each of the phases: initiation, mobilization, execution, and closeout. Annual disaster training shall be conducted each year on the month of May. 2. Scope of Work A. Debris monitoring documentation is critical to verify that debris operations meet all FEMA Public Assistance policies and guidelines, costs are reasonable, quantification of the debris is accurate, and the tracking of the debris to its final location is recorded and in compliance with all regulatory requirements. Contractor may be utilized to monitor and document non-declared events as well. RFP Template 09.13.17 Page 16 of 37 B. The City requires Contractor to understand FEMA Public Assistance policies and guidelines, including eligibility issues and specifically those relating todebris. C. Contractor shall handle the monitoring of debris removal for all types and sizes of disasters. This can include a localized event where there is one type of debris, a significant event that includes a Catastrophic Event where the entire City is affected and there are multiple types of debris that will need to be removed. D. Monitoring debris removal work involves constant observation of crews to ensure that workers are performing eligible work in accordance with FEMA Public Assistance guidelines and all applicable Federal, State and local regulations. Failure to properly monitor and document debris removal operations may jeopardize FEMA Public Assistance. The City reserves the right to withhold payment for improperly performed services pending a review of pertinent documentation and actions. E. Contractor shall provide a wide range of services including, but not limited to the following: • Damage assessment • Training • Emergency planning • Infrastructure restoration • Communication with FEMA, FHWA (Federal Highway Administration), State of Texas and other State and Federal Agencies • Coordinate with State Insurance representatives • Reimbursement services F. Contractor must be prepared to deploy debris monitoring within twenty-four (24) hours from the notice to proceed. When additional debris monitoring is needed to meet the requirements of the monitoring contract, proposer shall be prepared to increase the number of debris monitors for the City. 3. Work Site and Conditions A. The Contractor shall be responsible for monitoring debris and waste removal and disposal operations performed by the Debris Management provider relative to: • City streets, roads and right-of-way's • Streets, roads and right-of-way's of all municipalities and communities, incorporated and unincorporated, and rural areas within the City, unless otherwise directed by the City • Canals, waterways, and right-of-way's of all municipalities and communities, incorporated and unincorporated, and rural areas within the City, unless RFP Template 09.13.17 Page 17 of 37 ofherwise directed by the City • Public property and facilities • Any other public site as may be directed by the City • Private property when necessary fo protect the public (life safety) or fo facilitate completion of required work, provided that entry onto private property is specifically authorized by the Solid Waste Director B. Debris monitoring considerations and responsibilities may vary depending on the type of debris being removed and may include: • Vegetative debris • Hazardous waste + • Household hazardous waste • Electronic waste • White goods • Soil, mud, and sand • Vehicles and vessels • Animal carcasses or other fleshy organic matter • Infectious waste • Chemical, biological, radiological and nuclear-contaminated debris • Construction and demolition (C&D) debris C. The Contractor shall be responsible for overseeing all operations of the TDSRS sites, making sure that all local, state, and federal regulations are followed. All safety precautions are fo be taken info account and followed as well. D. Contractor shall utilize drones fo capture images of exiting debris in the City's Right-of-Way (ROW) fo effectively manage debris removal.The usage of drones shall require fo be in compliance with state and federal regulations. 4. Special Instructions A. The Contractor shall be responsible for maintaining records, developing worksheets and other required documentation which will be required by FEMA, and any other applicable agency for disaster recovery efforts. This shall include, but is not limited fo, receiving a copy of all invoices from the disposal facility, supported by scale and/or load tickets issued by the disposal facility, and proof of payment by the Debris Management firm fo the disposal facility. B. The Contractor shall be responsible for verifying that only eligible debris is removed from initial sites, then transported fo Temporary Debris Staging and Reduction (TDSRS) sites where all debris is fo be appropriately segregated and processed, reduced and then loaded appropriately (and not artificially - e.g. RFP Template 09.13.17 Page 18 of 37 debris is wetted, fluffed or not compacted), and finally transported fo the disposal facility for weighting and receiving. Verification that hazardous wastes have not been mixed into loads will be required. Contract shall be responsible for ensuring each load can be claimed based on established criteria, and mark load tickets ineligible if they do not meet FEMA Public Assistance policies and guidelines. Contract shall also possess the ability fo estimate in cubic yards (CY) debris fo be removed for the disposal facility, and assist in measuring the debris in all debris hauling trucks and trailers, if needed. 5. Exhibits • Exhibit A - Debris Management Zones • Exhibit B - Location of Temporary Debris Staging and Reduction Site (TDRS) • Exhibit C - Clearing Priorities • Exhibit D - Debris Classification RFP Template 09.13.17 Page 19 of 37 Exhibit& � zz w ® GDD ■ _ � ■ ` . ( ftL ■�� _ � � � N � ■ ! J - N \ ± ` ' i z.y \C, _ ■ s «/� � ' - � � - ¥ < � ^ \�� ^ ■ ���f i . � � ' r ® �_ ■ �� � , _\ ► . 7 0 . i N ® � ¥� �� ! - « Hurricane Recovery Zones RFP Template 09]*17 Page 20 of 37 Exhibit A � ■■I Mn/rdrkb Canfr i rYwtfw.msRgiund y+� f tuwva Zone -1 1 I l � i I � I i I s >1 i Holo ¢� ro 3 � 4 '. Hurricane Recovery Zones RFP Template 49.13.17 Page 21 of 37 Exhibit A zro Nueces Bay iii t _ ",: i�� RC . -MAe. ifYl�'x -i ASw.FS � Fes.[f:R �� •-••• I L}Yne 2 WAR a --- }� y�rrs� I I �` I * r C'm `e,44 s� r FaA.A1 t Hurricane Recovery Zones RFP Templafe 09.13.17 Page 22 of 37 Exhibit A Nueces Bay AGNrzB f 1 1 1 t l ' - Corpus Christi .9-YJ �'I - 1 BEAR ` °a" J/�I .. . a- a. 0 g '� = Hurricane Recovery Zones RFP Template 09.13.17 Page 23 of 37 Exhibit A 1'stENW rr r{ r # rH `y�o � ��i.tip`.. .. � 'y.� ::���,.IY► Pre MalP I J P � ! ---;moi � ;f� • '' --`rr BE j f N ky x m -i�, ■ ]Y I f n - r U L)W f Liu �y S �', P es �C/ � •• � � � Q]� Coy � � C7 01 or � � � � 4llrr�t �a = Hurricane Recovery Zones RFP Template 09.13.17 Page 24 of 37 Exhibit A .� ._ C K•STC� pI ��I — ;1 �E6 7. ! _ -17 ROOD FIE Csl i I - J l - P � � FR ti -- — FLO $y�,iF�r P. m I Hurricane Recovery Zones RFP Template 09,13.17 Page 25 at 37 Exhibit A Corpus Christi Day .L.[n 77� 7a-LAM RD HOLI Y R Z I r[ IAMLPATF ICIO DR; Ln ED DRIDr3E �= PtiRQUE QIZ' Fk- 7y l CnRIBIIEO" DR -ka I -- f RAMFI,L1 �{ lELD OR i z ` -- -.!_. i- KTOWN BLVD ' I I -�.. i T--'y' 4, I.a9aaa wad,& I I: ► � _ - r _ f L— —_—_"-----_---_---------_--- a ► 13 L?I>IP 9 g M Hurricane Recover Zones y RFP Template 09.13.17 Page 26 of 37 Exhibit A �r t ! r P r P P - i { r _ - r ' I Corpus Christi Bay q _ P i r r 1 1 C r � 1 t ! - - 4 f -`- - Z67n-e 7 l Gulf of Mexico _ I Cnyn Del User - - YEq." 4 4 _ 4 - 4 L 1 [ t l ! C3 ]gm1 :o @-s Pfd D D* �,...1 ! _ 6 w P ? T $ ~�� N M R r�gunrr r 3 ;�IrrAre m Hurricane Recovery Zone I� RFP Template 09.13.17 Page 27 of 37 EXHIBIT B Location of Temporary Debris Staging and Reduction (TDSR) Sites Debris storage and reduction sites will be identified and evaluated by Solid Waste Operation staff that is familiar with the area. Temporary debris collection sites should be readily accessible by recovery equipment and should not require extensive preparation or coordination for use. Collection sites will be on public property when feasible to facilitate the implementation of the mission and mitigate against any potential liability requirements.Activation of sites will be under the control of the Director Solid Waste Operations, and will be coordinated with other recovery efforts. The following is a list of current temporary holding sites: J. C. Elliott Transfer Station, 7001 Ayers St. Cefe Valenzuela Landfill, 2397 County Road 20, Robstown,Texas Westside Landfill Closed, 3702 Carbon Plant Rd. f Joe Fulton Highway & Herns Ferry Rd,area) RFP Template 09.13,17 Page 28 of 37 EXHIBIT C "Clearing Priorities" The debris removal process must be initiated promptly and conducted in an orderly, effective manner in order to protect public health and safety following a major or catastrophic event. To achieve this objective, the first priority will be to clear debris from key roads in order to provide access for emergency vehicles and resources into the impacted area. Key roads in The City of Corpus Christi are identified as follows: Corpus Christi Police Department Locations: Corona Sub 4510 Corona Dr. Flour Bluff Sub 1456 Waldron Rd New Annaville Sub 1925 Tuloso Rd Old Annaville Sub 4100 Allison Rd Saratoga Sub (Gang Unit) 2230 Saratoga Corpus Christi Fire Stations: Station 1 - 514 Belden St Station 2- 13421 Up River Rd Station 3- 1401 Morgan Ave Station 4-2338 Rodd Field Rd. Station 5- 3312 Leopard St. Station 6- 6713 Weber Rd. Station 7- 3722 S. Staples St. Station 8 - 4645 Kostoryz Rd. Station 9 - 501 Navigation Blvd. Station 10- 1550 Home Rd. Station 11 _ 910 Airline Rd. Station 12- 2120 Rand Morgan Rd. Station 13 - 1802 Waldron Rd. Station 14 - 5901 S. Staples.St. Station 15 - 14202 Commodores Dr. Station 17- 6869 Yorktown Blvd Station 18- 6226 Ayers Corpus Christi International Airport- 1000 International Dr. RFP Template 09.13.17 Page 29 of 37 Corpus Christi Hospitals: Christus Spohn Memorial 2606 Hospital Blvd Christus Spohn Shoreline 600 Elizabeth St.Christus Spohn South 5950 Saratoga Blvd. CCMC Bay Area 7101 SPID CCMC Doctors Regional 3315 South Alameda St. Driscoll Children's Hospital 3533 South Alameda Public Facilities: City Hall 1201 Leopard St. City Service Center 5352 Ayers St. County Courthouse 901 Leopard St. ON Stevens Water Plant 13101 Up River Rd Wastewater/Sewage Treatment Facilities: Greenwood Wastewater Treatment Plant 6541 Greenwood Dr. Oso Wastewater Treatment Plant 501 Nile Dr. Allison Wastewater Treatment Plant 4101 Allison Dr. Broadway Wastewater Treatment Plant 1402 W. Broadway Laguna Madre Wastewater Treatment Plant 201 Jester St. Whitecap Wastewater Treatment Plant 13409 Whitecap Blvd. Other Facilities so designated by the Director of Solid Waste Operations or the Contract Management Center (CMC). RFP Template 09.13.17 Page 30 of 37 EXHIBIT D DEBRIS CLASSIFICATION To facilitate the debris management process, debris will be segregated by type. It is recommended that the categories of debris established for recovery operations will be standardized. The City will adopt the categories established for recovery operations by the U.S. Army Corps of Engineers. Debris removed will consist of two broad categories; clean wood debris and construction and demolition debris. Most common hurricane- generated debris will consist of 30% clean woody material and 70% construction and demolition (CSD). Of the 70% mixed C&D it is estimated 42%will be burnable but require sorting, 5%will be sol, 15%will be metals, and 38% landfill. Definitlon of classifications of debris are as follows: Burnable Materials: Burnable materials will be of two types with separate burn locations: A. Burnable Debris: Burnable debris includes, but is not limited to, damaged and disturbed trees; bushes and shrubs; broken, partially broken and severed free limbs: and bushes. Burnable debris consists predominately of trees and vegetation. Burnable debris does not include garbage or construction and demolition material debris. B. Burnable Construction Debris: Burnable construction and demolition debris consists of non- creosote structural timber, wood products, and other materials designated by the coordinating agency representative. Non-burnable Debris: Non-burnable construction and demolition debris includes, but is not limited to, creosote timber, plastic, glass, rubber and metal products, sheet rock, roofing shingles, carpet, tires, and other materials as may be designated by the coordinating agency. Garbage will be considered non-burnable debris. IFP Template 09,13.17 Page 31 of 37 ATTACHMENT B-BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI RFP 1466 PURCHASING DIVISION STORM DEBRIS REMOVAL MONITORING BUYER:JOHN ELIZONDO AND CONSULTING Thompson Consuling Services, LLC Lake Mary, FL ESTIMATED HOURLY TOTAL ITEM DESCRIPTION HOURS RATE PRICES Debris Monitoring Pr ram Hourly Rates 1 Field Project Manager 1000 $85.00 $85,000.00 2 Field Supervisor 2100 $49.00 $102,900.00 3 Project Coordinator 1300 $16.50 $21,450.00 4 Disposal Site Monitor 1800 $30.00 $54,000,00 5 Data Manager 1300 $55.00 $71,500,00 6 Sifling/Invoice Analyst 100 $45.00 $4,500.00 7 GIS Analyst 5 $55.00 $275.00 8 Operations Manager 200 $80.00 $16,000.00 9 Collection Monitor 13500 $36.00 $486,000.00 10 Drones to Capture Images of ROW 5 $250.00 $1,250.00 FEMA Public Assistance Consulting Services Hourly Rates 11 Supervising Consultant 100 $125.00 $12,500.00 12 Administrative Assistant 1000 $16.50 $16,500.00 13 Other Consultant/Monitoring Positions 250 $0.00 $0.00 GRAND TOTAL $871,875,00 Note:Totals listed above are based on unit pricing. ATTACHMENT C - INSURANCE AND BOND REQUIREMENTS 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 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 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 subrogatlon 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, Per occurrence - aggregate material 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 AUTOMOBILE LIABILITY (INCLUDING) $1,0001,000 Combined Single Limit 1. Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Part II of Exhibit RFP Template 09.13.17 Page 1 of 3 (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,0001 $500,0001 $500,000 3. In the event of accidents of any kind related to this project, Contractor must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements - 1. Applicable for paid employees. Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if 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 replacement Certificate of Insurance to City at the address provided below within ten 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. RFP Template 09.13.17 Page 2 of 3 ■ Provide for an endorsement that the 'other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and ■ Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to 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 agreement. 2018 Insurance Requirements Purchasing Debris Removal Monitoring and Consulting Services 0 1/22/2018 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. Page 3of3 ATTACHMENT D -WARRANTY REQUIREMENTS Section 8. Warranty of this service agreement is null: warranty is not required. Page 1 of 1 ATTACHMENT E - FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-F01 Access to Records FR-F02 Breach of Contract FR-F03 Byrd Anti-Lobbying Amendment FR-F04 Clean Air Act and the Federal Water Pollution Control Act FR-FO5 Compliance with Federal Law, Regulations, and Executive Orders FR-F06 Contract Work hours and Safety Standards Act FR-F07 Copeland "Anti-Kickback"Act(Construction Only) FR-FO8 Davis-Bacon Act(Construction Only) FR-FO9 Debarment and Suspension FR-F10 DHS Seal, Logo and Flags FR-F11 Equal Employment Opportunity (Construction Only) FR--F12 No Obligation by Federal Government FR-F13 Procurement of Recovered Materials FR-F14 Program Fraud and False or Fraudulent Statements or Related Acts FR-F15 Right to Inventions Made Under Contract or Agreement(Not for Public Assistance Contracts) END OF TABLE OF CONTENTS FEDERAL REQUIREMENTS: FR-FOO ACCESS TO RECORDS Access to Records. The following access to records requirements apply to this contract: (1) The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Reference. DHS Standard Terms and Conditions, v 7.1, p. 1 (2017) FEDERAL REQUIREMENTS: FR-F02 BREACH OF CONTRACT Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. City will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. City reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the City elects to terminate the Contract. The City's notice will identify a specific date by which the Contractor must correct the breach. City may proceed with termination of the Contract if the Contractor fails to correct the breach by deadline indicated in the City's notice. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Reference: 2 CFR § 200 Appendix ll(A) FEDERAL REQUIREMENTS: FR-F03 BYRD ANTI-LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Reference: 31 U.S.C. § 1352 (as amended) FEDERAL REQUIREMENTS: FR-F04 CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT A. Clean Air Act. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. B. Federal Water Pollution Control Act. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Reference- 2 CFR § 200, Appendix II¶ (G) FEDERAL. REQUIREMENTS: FR-F05 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Reference: FEMA requirement FEDERAL REQUIREMENTS: FR-F06 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (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 forty 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 paragraph (1) of this section 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 paragraph (1) of this section, 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 forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City 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 moneys 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 section. (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors 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 paragraphs (1) through (4) of this section. Reference: 29 CFR § 5.5(b) FEDERAL REQUIREMENTS: FR-F07 COPELAND "ANTI-KICKBACK" ACT NOT APPLICABLE TO THIS CONTRACT FEDERAL REQUIREMENTS: FR-F08 DAVIS - BACON REQUIREMENTS NOT APPLICABLE TO THIS CONTRACT FEDERAL REQUIREMENTS: FR-1789 DEBARMENT AND SUSPENSION (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 G.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must complywith 2 C.F.R. pt. 180, subpartC and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Reference: 2 CFR part 180, 2 CFR part 3000 FEDERAL REQUIREMENTS: FR-F10 DHS SEAL LOGO AND FLAGS The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Reference: DHS Standard Terms and Conditions, v.7.1, p. 5 (2017) FEDERAL REQUIREMENTS: FR-F11 EQUAL EMPLOYMENT OPPORTUNITY NOT APPLICABLE TO THIS CONTRACT FEDERAL REQUIREMENTS: FR-F12 NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. Reference: FEMA requirement FEDERAL REQUIREMENTS: FR-F13 PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https:llwww.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. Reference: 2 CFR § 200.322 and 40 CFR part 247 FEDERAL REQUIREMENTS: FR-F14 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS RE RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Reference: 31 U.S.C. Chap. 38 FEDERAL REQUIREMENTS: FR-F15 RIGHT TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT NOT APPLICABLE TO THIS CONTRACT SC AGENDA MEMORANDUM Cqq PO PFuture Item for the City Council Meeting of July 17, 2018 hPSE 1852 Action Item for the City Council Meeting of July 24, 2018 DATE: July 17, 2018 TO: Keith Selman, Interim City Manager FROM: Constance Sanchez, Director of Finance Constance P(o).cctexas.com (361) 826-3227 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 132(acctexas.com (361) 826-3169 Master Agreement — Municipal Lease Line of Credit CAPTION: Motion approving a two-year Master Lease-Purchase Financing Agreement with JPMorgan Chase Bank, N.A. of Chicago, Illinois for an estimated expenditure of $11,883,665, with three additional options for one-year periods. PURPOSE: The City uses municipal lease purchase financing to fund equipment and rolling stock replacement needs. BACKGROUND AND FINDINGS: As equipment is requisitioned to be purchased, financing for the purchases is provided through this lease line of credit agreement. An estimated $11,580,488 million worth of equipment is projected to be purchased over the initial two-year period of this agreement. The lease line of credit is the instrument to be used for payment on high dollar capital items over $50,000; all items over $50,000 will be presented to City Council for recommendation for an award. The actual interest rate will fluctuate throughout the term of the contract based on the index rate at the time of the purchase. Based on the index rate at the time of the proposal, on November 1, 2017, the interest rate proposed to the City for a 60 month lease is 2.618%. The Purchasing Division conducted a competitive Request for Proposal to obtain proposals from qualified firms to provide Municipal Lease Line of Credit services. Three proposals were received and were evaluated under a pass fail system then the qualifying firm was evaluated and scored according to the firm's experience and understanding of the scope of work according to the published point system as outlined in the RFP. The Proposers was also interviewed and scored based on the same published criteria and a final score was developed. City staff recommends the award to JPMorgan Chase Bank, N.A. as they are determined to be the overall Best Value to the City. ALTERNATIVES: N/A 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: Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Various Comments: As items are taken to City Council for an award funding of equipment will be identified. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Master Lease-Purchase Financing Agreement RFP 1448 — Evaluation Matrix Summary RFP No. 1448 Municipal Lease Line of Credit Sr. Buyer- Roberta Ortiz Proposal Evaluation JPMorgan Chase Bank, Frost Bank Regions Capital p N.A. Advantage,Inc. Minimum Qualifications Required five years experience providing similar service to Pass Pass Pass municipalities in similar size No outstanding lawsuits during last 5 years or current litigation with Pass Pass Pass the City during last 5 years No outstanding regulatory issues last 5 years Pass Pass Pass References Provided for firm Pass Pass Pass Technical Proposal Technical Proposal(50 points) 44.2 30 34.4 Firms'Experience(18 points) Team Experience (18 points) Understanding of Project Scope (14 points) Interview Interview(30 points) 23.8 29.8 14 Firms'Experience(8 points) Team Identificaton (10 points) Understanding of Project Scope (12 points) Price Price (20 points) 19.99 20 19.98 Total 87.99 79.8 68.38 MASTER LEASE-PURCHASE FINANCING AGREEMENT BETWEEN The City of Corpus Christi, as Lessee and JPMORGAN CHASE BANK, N.A., as Lessor THIS MASTER LEASE-PURCHASE FINANCING AGREEMENT (the Agreement), is by and between JPMorgan Chase Bank, N.A., a National Banking Association formed under the laws of the United States, possessing a Certificate of Authority under Charter No. 8 from the United States Comptroller of Currency, as lessor (Lessor) whose address is I1 I I Polaris Parkway, Suite A3 (OH-1085), Columbus, OH 43240, and the City of Corpus Christi, a political subdivision of the State of Texas as lessee (City), whose address is 1201 Leopard, Corpus Christi, Nueces County, Texas 78401 . WITNESSETH: WHEREAS, the City is authorized by law to acquire such items of personal property as are needed to carry out its governmental functions, and to acquire such personal property by entering into a lease with the option to purchase; and WHEREAS, the City has determined that it is necessary for it to acquire under this Agreement certain items of personal property described herein as the Property; and WHEREAS, Lessor is willing to lease certain Property to the City pursuant to this Agreement; NOW, THEREFORE, in consideration of the mutual covenants contained herein City and Lessor hereto recite and agree as follows: ARTICLE 1. DEFINITIONS AND EXHIBITS Section 1.1 Definitions. The terms defined in this Section, for all purposes of this Agreement, have the following meanings: Additional Terms: Consecutive terms, each of a one-year fiscal period, for which a Lease with respect to a Property Group remains in effect unless terminated by City. Each Additional Term commences at the end of the Original Term or the preceding Additional Term and continues for a period within which all of the Lease Payments specified in Exhibit B will be paid as provided in Section 5.1 . Page 1 of 35 Agreement: The Master Lease-Purchase Financing Agreement and all Exhibits hereto. Business Day: Each day on which the City is open for business. Contractor: Each manufacturer or vendor from whom the City has ordered or contracted for the manufacture, delivery and/or installation of the Property. Contract Administrator: The City's designated representative for administering this Agreement is the Director of Financial Services or designee. Event of Taxability. A determination that the interest portion of Lease Payments is included for federal income tax purposes in the gross income of Lessor due to City's action or failure to take action, including the breach of covenants set forth herein. An Event of Taxability occurs upon the earliest of: (1) the happening of any event which may cause such Event of Taxability, or (2) Lessor's payment to the applicable taxing authority of the tax increase resulting from such Event of Taxability, or (3) the adjustment of Lessor's tax return to reflect such Event of Taxability, or (4) the date as of which the interest portion of the Lease Payments is determined by the Internal Revenue Service to be includable in the gross income of Lessor for federal income tax purposes. Fiscal Year: The 12 month fiscal period of the City which commences annually on October I and ends on the following September 30. Independent Counsel: An attorney duly admitted to the practice of law before the highest court of Texas. Interest: The portion of any Lease Payment designated as and comprising interest as shown in any Exhibit B hereto. Lease: With respect to each Property Group, this Agreement and the Schedule relating thereto, shall constitute a separate contract relating to such Property Group. Lease Payment: The payment of Principal and Interest due from the City to Lessor on each Payment Date as shown on each Exhibit B. Lease Term: With respect to any Property Group, the Original Term and all Additional Terms during which the related Lease is in effect as specified in Section 4.4. Net Proceeds: Any insurance proceeds or condemnation award, paid with respect to any Property, remaining after payment therefrom of all expenses incurred in the collection thereof. Page 2 of 35 Non-appropriation Event: The failure of the City Council of the City to appropriate money for any Fiscal Year sufficient for the continued performance of a Lease by the City with respect to the related Property Group, which may be evidenced by a budget ordinance or resolution which prohibits the City from using any monies to pay the Lease Payments due under such Lease with respect to such Property Group for a designated Fiscal Year. Oriainal Term: The period from the date of execution of an Exhibit A with respect to a Property Group until the end of the then-current Fiscal Year. Payment Date: The date upon which any Lease Payment is due and payable as provided in any Exhibit B. Permitted Encumbrances: As of any particular time: (i) liens for taxes and assessments not then delinquent, or which the City may, pursuant to the provisions of Section 7.3 hereof, permit to remain unpaid, (ii) this Agreement and amendments hereto, (iii) Lessor's interest in the Property, or (iv) any mechanic's, laborer's, material men's, supplier's or vendor's lien or right not filed or perfected in the manner prescribed by law, other than any lien arising through a Contractor or which the City may, pursuant to Article 8, hereof, permit to remain unpaid. Principal: The portion of any Lease Payment designated as principal in any Exhibit B hereto. Property: Individually or collectively as the context requires, the personal property designated by the City, which is described in one or more Exhibit A as now or hereafter constituted. The City may lease-purchase all equipment it determines necessary to provide essential services, which includes computer hardware and software. Property Group: The Property listed on any Exhibit A comprising a single purchase of a group of items, equipment or associated products. Purchase Option Price: With respect to a Property Group listed on any single Exhibit A, the amount designated and set forth opposite each Payment Date in the Exhibit B relating to such Property Group. Schedule: A schedule consisting of separate, but like-numbered pages of Exhibits A and B which have been completed with respect to a Property Group and executed by Lessor and City. Specifications: The procurement specifications and/or purchase order pursuant to which the City has ordered any Property from a Contractor. Page 3 of 35 Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement: Exhibit A: Property Group Description. Each Lease will have consecutively numbered Exhibit A forms. Each Exhibit A will describe the Property Group for its Lease, including serial numbers when available, on consecutively numbered pages. A sample Exhibit A is attached and incorporated. Exhibit B: Lease Payment Schedule. Each Lease will have consecutively numbered Exhibit B forms. Each Exhibit B will contain the date and amount of each Lease Payment due for the corresponding Exhibit A Property Group, the amount of each Lease Payment allocating Principal and Interest, the price at which City may exercise its Article 10 option to purchase Lessor's interest in each Property Group, and the due date of each Lease Payment. Exhibit C: Certificate of Acceptance. A Certificate of Acceptance signed by the Contract Administrator indicating that the Property Group described therein has been delivered and installed in accordance with the Specifications, and has been accepted by the City, the date on which Lease Payments shown in the page of Exhibit B relating thereto commences, and that certain other requirements have been met by the City. A sample Exhibit C is attached and incorporated. Exhibit D: Opinion of Counsel. A form of opinion of counsel to the City as to the organization, nature, and powers of the City; the validity, execution, and delivery of this Agreement and various related documents; the absence of litigation; and related matters. A sample Exhibit D is attached and incorporated. Exhibit E: Requisition Report. City shall furnish Lessor a Requisition Report prior to issuing a procurement for any Property Group unless the item is on Exhibit F, Approved Property List. The parties agree that no Requisition Report shall be required for Property listed on the Approved Property List. Each Requisition Report will include the proposed Property Group, an estimated price for each piece of Property, the budgeted amount for each piece of Property, the desired number of Lease Payments, and any other information that City's Contract Administrator and an authorized agent of Lessor mutually agree to add to the Requisition Report. A sample Requisition Report is attached as Exhibit E. Exhibit F: Approved Property List. City will furnish Lessor an Approved Property List listing all Property budgeted for lease-purchase in the beginning of every fiscal year. Lessor approves the lease-purchase of all Property listed on the Approved Property List by bidding on and signing this contract. City will furnish Lessor's Agent a new Approved Property List by October 15th annually, which will list all Property budgeted for lease-purchase during subsequent fiscal Page 4 of 35 years. Exhibit F will contain the following funding conditions: The initial Approved Property List is attached as Exhibit F and incorporated by reference. Each Exhibit F will contain the following representations made by City: (a) No material adverse change has occurred in the Code. (b) No material adverse change has occurred in the financial condition of City. (c) All representations and warranties of City in the Agreement remain true, accurate and complete. (d) No event of default has occurred and is continuing under the Agreement. Section 1.3. Additional Documents. The following additional documents shall be provided by City to Lessor, in form reasonably satisfactory to Lessor, prior to any funding under this Agreement: Lease Schedule; Auto-debit Form; Certificate of Incumbency; Proceeds Disbursement Authorization; and resolutions of City authorizing the transactions hereunder. ARTICLE 2. REPRESENTATION, COVENANTS AND WARRANTIES Section 2.1. Representations, Covenants and Warranties of the City. The City represents, covenants, and warrants as follows: (a) The City is a municipal corporation and political subdivision of Texas, duly organized and existing under the Constitution and laws of the State. (b) The City is authorized under the Constitution and laws of Texas to enter into this Agreement and the transactions contemplated hereby, and to perform all of its obligations hereunder. (c) The City Manager, or designee, has been duly authorized to execute and deliver this Agreement by the official action of the City's governing body, the City Council. (d) In authorizing and executing this Agreement, the City has complied and/or will comply with all public bidding laws applicable to this Agreement and the acquisition of the Property by the City. (e) The City will not pledge, mortgage or assign this Agreement, or its duties and obligations hereunder to any other person, firm or corporation, except as provided under the terms of this Agreement. Page 5 of 35 (f) The City will use the Property during the Lease Term only to perform essential governmental functions devoted exclusively to public uses. (g) Upon the request and direction of Lessor, the City will take all affirmative actions legally within its power necessary to ensure that the Interest portion of the Lease Payments does not become included in the gross income of the recipient for federal income tax purposes under the Internal Revenue Code of 1986 (the Code) and Treasury Regulations promulgated thereunder (the Regulations). (h) Within five Business Days of final acceptance of each Property Group by the Contract Administrator, after delivery and installation of that Property Group, the City will provide to Lessor a completed and executed copy of Exhibit C, Certificate of Acceptance, corresponding to that Property Group, together with completed and executed copies of the related Exhibits A and B. (i) Upon the execution of this Agreement, the City will provide the Lessor an opinion of its legal counsel in substantially the form of Exhibit D. (j) Upon the request and direction of Lessor, the City will submit to the Secretary of the Treasury an information reporting statement at the time and in the form required by the Code and Regulations. (k) The City shall take appropriate official action by its governing body to approve the acquisition and financing of any Property Group under the terms and conditions of this Agreement. (1) The execution, delivery, and performance by the City of its obligations under this Agreement will not result in a breach or violation of, nor constitute a default under, any agreement, lease or other instrument to which the City is a party or by which the City's properties may be bound or affected. Section 2.2. Representation, Covenants and Warranties of Lessor. Lessor represents, covenants and warrants as follows: (a) Lessor is a national banking association formed under the laws of the United States and authorized to transact business in the State of Texas; has power to enter into this Agreement; is possessed of full power to own and hold personal property and to lease the some: engages in the leasing of personal property such as the Property in the ordinary course of business; and has duly authorized the execution and delivery of this Agreement and all addenda thereto. (b) Neither the execution and delivery of this Agreement, nor the fulfillment of or compliance with the terms and conditions thereof, nor the Page 6 of 35 consummation of the transactions contemplated thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction, agreement or instrument to which Lessor is now a party or by which Lessor is bound, constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of Lessor, or upon the Property, except Permitted Encumbrances. (c) Lessor must not issue Certificates of Participation and Lessor agrees that City shall not be required to provide any disclosure information under Securities & Exchange Commission Rule 15(c) 2-12. ARTICLE 3. LEASE OF PROPERTY Section 3.1. Acquisition of Property. During this Agreement when City desires to lease a Property Group from Lessor, the Contract Administrator shall complete an Exhibit E, which includes the Property Group, an estimated price for each piece of Property, the budgeted amount for the Property Group and the desired number of Lease Payments for the Property Group. For any property not on the annually approved Exhibit F, Lessor must advise the Contract Administrator in writing whether Lessor will lease the Property Group to City within three business days after receipt of a completed Exhibit E. City will initiate the procurement process to purchase the Property Group. Upon receipt of bids and award by City Council of a contract to purchase, City shall notify Lessor in writing of the Property Group cost and estimated delivery period and Lessor shall execute an Exhibit A, numbered with the assigned Lease Number, and forward it to the Contract Administrator. If City so desires, or if Lessor chooses not to lease a Property Group to City or chooses not to lease for the number of Lease Payments the City requested, City may lease the Property Group from anyone else it chooses. Section 3.2. Property Delivery: Documentation. Upon Lessor's written approval of an Exhibit E, Lessor shall provide City with an assigned Lease Number and the Contract Administrator will prepare working file copies of Exhibits A and B, and forward a copy of each to Lessor's designated representative. After delivery of a Property Group to City, City staff shall inspect the Property Group for compliance with Specifications. Within three business days after the Contract Administrator receives staff's written acceptance of the Property Group, the City will complete the previously furnished Exhibits A and B and will provide Lessor a completed and executed Exhibit C (Certificate of Acceptance). Page 7 of 35 Lessor must pay a Contractor, or reimburse City for any payment it made to a Contractor, for a Property Group on the same day that the Lease Payment Schedule Exhibit B begins, which must be within three business days of receipt of all documents from the City and upon determination by Lessor that the following funding conditions have been met. The Contract Administrator must provide Lessor, in a form satisfactory to Lessor, the following: (a) an Exhibit A and Exhibit B executed by City and Lessor; (b) an Exhibit C executed by City; (c) a motion, or other evidence, showing official action taken by the City Council to authorize acquisition of the Property Group on the terms provided in Exhibit A; (d) Contractor invoice(s) and/or bill(s) of sale relating to the Property Group, and if the invoices have been paid by City, evidence of payment thereof, and if applicable, evidence of official intent to reimburse such payment as required by the Regulations; (e) as applicable, financing statements executed by City as debtor and/or the original certificate of title or manufacturer's certificate of origin and title application if any of the Property Group is subject to certificate of title laws; (f) a completed and executed Form 8038-G or -GC or evidence of filing thereof with the Secretary of the Treasury; and (g) any other documents or items reasonably required by Lessor. Simultaneously with the delivery of the Property Group, Lessor shall cooperate with the City and the City shall take all actions necessary to vest legal title to the Property Group in the City, and to perfect a security interest therein in favor of Lessor or a person, firm, or corporation designated by Lessor. Within three business days of Lessor's receipt of the documents listed above in (a)-(g) in form and substance satisfactory to Lessor, Lessor shall make full payment to Contractor(s) of all funds applicable to the accepted Property Groups by either wire transfer or overnight delivery of a check at the direction of the Contract Administrator. If the escrow agreement described in Section 3.6 is utilized, Lessor will consent to a disbursement from the escrow account for payment of all funds applicable to the accepted Property Group within three business days of Lessor's receipt of the documents listed in (a)-(g) above in form and substance satisfactory to Lessor. Section 3.3. Lease. Lessor hereby leases all Property made subject to this Agreement to the City, and the City hereby leases such Property from Lessor, upon the terms and conditions set forth in the Lease and this Agreement. Page 8 of 35 Section 3.4. Possession and Enioyment. Lessor hereby covenants to provide the City, during the Term of this Agreement, with the quiet use and enjoyment of the Property, and the City will, during the Term of this Agreement, peaceably and quietly have, hold and enjoy the Property, without suit, trouble or hindrance from Lessor, except as expressly set forth in this Agreement. Lessor will, at the request of the City and at the City's cost, join in any legal action in which the City asserts its right to such possession and enjoyment to the extent Lessor lawfully may do so. Section 3.5. Lessor's Access to Property. The City agrees that Lessor may, at all reasonable times, examine and inspect the Property. The City further agrees that Lessor will have such rights of access to the Property as may be reasonably necessary to cause the proper maintenance of the Property in the event of failure by the City to perform its obligations hereunder. Section 3.6 Alternative Procedure; Escrow Agreement. Notwithstanding the provisions of Section 3.2, upon agreement by Lessor and City as to any Property Group to be acquired and leased by City under this Agreement, Lessor and City may enter into an escrow agreement in form and substance, and with an escrow agent, mutually satisfactory to the parties. If Lessor wishes to enter into an escrow agreement for any Property Group and the parties cannot agree on acceptable terms for the escrow agreement, or the Lessor refuses to provide an escrow account, the City may acquire the Property Group using other funding, outside of this Agreement. ARTICLE 4. TERM OF MASTER LEASE-PURCHASE AGREEMENT AND LEASES Section 4.1. Agreement Term. This Agreement will be in effect commencing upon the issuance of a notice to proceed for a period of two years; provided that any Lease for a Property Group will remain in effect for a Term commencing upon its date of execution and ending as provided in Section 4.4. The City and the Lessor may extend this Agreement for up to three additional one-year terms. Each additional agreement period will commence by issuance of an amendment by the City unless the City or Lessor notifies the other party in writing at least 90 days prior to the end of the then-current term, that it wishes not to renew the Agreement or wishes to modify the terms of this Agreement. Lessor has no obligation to fund future Property Group acquisitions if the City terminates a Lease or defaults, or if such property is not on the annually approved Exhibit F. Section 4.2. Non-Appropriation Termination of Lease by the City. The Lease, with respect to a particular Property Group, will be in effect for the Original Term and for each of the Additional Terms shown in Exhibit B, unless terminated prior thereto by City as provided in this Section. Immediately upon a Non-Appropriation Event, City shall give written notice to Lessor to terminate Page 9 of 35 such Lease and in such event, the Lease with respect to the related Property Group will terminate at the end of such Original Term or Additional Term then in effect as of the date of the City's written notice of termination. The City may effect such termination by giving Lessor such written notice and by paying to Lessor any Lease Payments and other amounts due under such Lease which have not been paid at or before the end of the then-current Original Term or Additional Term. In the event of termination of a Lease, the City will comply with the instructions of Lessor pursuant to Section 12.3. Section 4.3. Effect of Lease Termination. Upon termination of a Lease due to a Non-Appropriation Event with respect to the related Property Group, the City will not be responsible for the payment of any additional Lease Payments coming due with respect to succeeding Fiscal Years. If, however, the City has not delivered possession and conveyed to Lessor or released its interest in the Property Group within ten days after the date of termination, the termination will nevertheless be effective, but the City will be responsible for the payment of damages equal to the amount of the Lease Payments thereafter coming due under the page of Exhibit B attributable to the number of days after such ten- day period during which the City fails to take such actions and for any other loss suffered by Lessor as a result of the City's failure to take such actions as required. Section 4.4. Termination of Lease Term. The Term of each Lease will terminate upon the occurrence of the first of the following events: (a) the termination thereof by the City with respect to the related Property Group due to a Non-Appropriation Event in accordance with Section 4.2; (b) the exercise by the City of its option to purchase Lessor's interest in the related Property Group and payment of all sums related thereto pursuant to Article 10; (c) a default by the City with respect to the related Property Group and Lessor's election to terminate the Lease with respect to such Property Group pursuant-to Article 12; or (d) the payment by the City of all Lease Payments and all other amounts authorized or required to be paid by the City hereunder with respect to the related Property Group. Section 4.5. Termination of Agreement. Either Lessor or City may terminate this Agreement as to any further financings hereunder after the expiration of the initial two-year term or after the expiration of any annual extension term by giving at least 90 days' advance written notice to the other in the manner set out in Section 13.1 herein. Notwithstanding the termination, the Agreement will remain in full force and effect with respect to Leases outstanding Page 10 of 35 as of the date of such termination, and such Leases may terminate only as provided in Section 4.4 herein. ARTICLE 5. LEASE PAYMENTS Section 5.1. Lease Payments. City agrees to pay Lease Payments during this Agreement in the amounts specified in each Exhibit B. Lessor shall invoice City monthly with each invoice stating the Property Group Lease number (A-_) and Lease Payment for each Property Group for which payment is invoiced. Using a format agreed to by the Contract Administrator and Lessor's authorized representative, City shall make monthly payments on the first business day of each month; however, the Contract Administrator reserves the right to change the payment date for future Leases on 90 days' advance notice to Lessor. All Lease Payments must be paid to Lessor at its offices at the address specified in the first paragraph of this Agreement, or to such other person(s) or entity(ies) to which Lessor has assigned such Lease Payments as specified in Article 11, at such place as such assignee may designate by written notice to the Contract Administrator. The City shall pay the Lease Payments exclusively from monies legally available therefor, in lawful money of the United States of America. Interest, with respect to the Lease Payments for any Property Group, accrues from the date of Lessor's payment to Contractor or, if the escrow agreement described in Section 3.6 is utilized, from the date of Lessor's deposit of funds with the escrow agent. Section 5.2. Current Expense. The obligations of the City under this Agreement, including its obligation to pay the Lease Payments due with respect to the Property, in any Fiscal Year for which this Agreement is in effect, constitutes a current expense of the City for such Fiscal Year and does not constitute an indebtedness of the City within the meaning of the constitution and laws of Texas. Nothing herein constitutes a pledge by the City of any taxes or other monies, other than monies currently appropriated from time to time by or for the benefit of the City in the annual budget of the City and the proceeds or Net Proceeds of the Property, to the payment of any Lease Payment or other amount coming due hereunder. Section 5.3. Interest Component. A portion of each Lease Payment is paid as and represents the payment of Interest. Exhibit B sets forth the Interest component of each Lease Payment. The interest rate shall not exceed the then maximum rate allowed for similar governmental obligations pursuant to Chapter 1204 of the Texas Government Code, as amended, or such other applicable laws in effect as of the date of the Schedule. Lessor agrees that the interest component for each Property Group be established as follows: Amortization Period Applicable Interest Rate Page 11 of 35 12 months 181.2 basis points over/under the (1 Yr. SWAP x 62.42%)_._— rate from the ICE ..... . _. __ Index. 18 months 158.2 basis points over/under the (1 Yr. SWAP x 62.42%)_____ rate from the ICE. .. Index. 24 months 150.1 basis points over/under the (1 Yr. SWAP x 62.42%)__— rate from the ICE____-__---_. _. Index. 30 months 145.7 basis points over/under the (i: Yr. SWAP x 62.42%) rate from the ICE-----.------ - Index. 36 months 137.1 basis points over/under the (2 Yr. SWAP x 62.42%)_-_______ rate from the ICE.__._ .. .. -.. Index. 42 months 138.5 basis points over/under the (2 Yr. SWAP x 62.42%)_—_ rate from the ICE .. Index. 48 months 141 .4 basis points over/under the (2 Yr. SWAP x 62.42%)__._,..._. rate from the ICE_----- - Index. 60 months 140.8 basis points over/under the (3 Yr. SWAP x 62.42%)____ rate from the ICE..._ _. ._ Index. 72 months 146.9 basis points over/under the (3 Yr. SWAP x 62.42%)___......__ rate from the ICEa. ._ . . Index. 84 months 148.3 basis points over/under the (4 Yr. SWAP x 62.42%)__—_ rate from the ------- Index. 120 months 165.1 basis points over/under the (5 Yr. SWAP x 62.42%)_____ rate from the ICE . .. Index. The interest rate will be calculated on the basis of a 360-day year. Page 12 cd 35 Section 5.4. Lease Payments to be Unconditional. The obligation of the City to make Lease Payments or any other payments required hereunder during a Lease Term is absolute and unconditional in all events, subject to non- appropriation. Notwithstanding any dispute between the City and Lessor or any other person, the City shall make all Lease Payments when due and shall not withhold any Lease Payment pending final resolution of such dispute nor shall the City assert any right of set-off or counterclaim against its obligation to make such Lease Payments required under this Agreement or any Lease. The City's obligation to make Lease Payments during any Lease Term shall not be abated through accident or unforeseen circumstances. However, nothing herein may be construed to release Lessor from the performance of its obligations hereunder; and if Lessor fails to perform any such obligation, the City may institute such legal action against Lessor as the City may deem necessary to compel the performance of such obligations or to recover damages therefor. Section 5.5. No Prepayment Penalty. So long as no default then exists under this Agreement, the City reserves the right to pre-pay any Property Group in full without paying any pre-payment penalty by giving Lessor at least 20 days prior written notice (the "Notice Period'). If the City elects to pre-pay under a Lease, City shall pay to Lessor on the Payment Date following the Notice Period (the "Prepayment Date") the total of the following: (a) all accrued Lease Payments, interest, taxes, late charges and other amounts then due and payable under the Lease with respect to the Property Group; plus (b) the remaining principal balance payable by City under the Lease as of said Prepayment Date. The City may not exercise its prepayment rights under this section during the first 12 months of the applicable Lease Term. Section 5.6. No Other Fees. Other than as specifically provided in this Agreement, the City will pay Lessor no other fees than the Interest and Principal as set out herein. ARTICLE 6. ACTIONS ARISING OUT OF PROPERTY USE: DAMAGE OR DESTRUCTION OF PROPERTY; INSURANCE Section 6.1. To the extent permitted by Texas law, the City agrees to indemnify, protect, save and keep harmless Lessor from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, costs, and expenses (including reasonable attorneys' fees) of whatsoever kind or nature, imposed on, incurred by, or asserted against Lessor that in any way relate to or arise out of the possession, use, operation, condition or storage of any Property by the City, unless caused by Lessor or its agents. The City shall not be required to pay any federal, state, or local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate or other similar tax payable by Lessor, its successors or assigns. The City's obligations under this section shall survive any expiration or earlier termination of any Lease. Page 13 of 35 Section 6.2. Damage to or Destruction of Property. If after delivery of any Property to the City, such Property is lost, stolen, destroyed, or damaged beyond repair (a "Loss"), the City shall, as soon as practicable after such event, either: (a) replace the same at the City's sole cost and expense with Property of equal or greater value to the Property immediately prior to the time of the Loss occurrence, such replacement equipment to be subject to Lessor's reasonable approval, whereupon the replacement will be substituted in the Lease by appropriate endorsement; or (b) pay, on the Payment Date following the Loss, an amount equal to all Lease Payments and any other amounts relating to such Property Group then due or past due (including the Lease Payment relating thereto due on the Payment Date on which the option is to be exercised) and the applicable Purchase Option Price of the Property as set forth on Exhibit B (collectively, the "Loss Amount"). The City shall notify Lessor of which course of action it will take within 15 days after the Loss occurrence and shall complete the action within six months of the Loss occurrence, provided, if City is not in default hereunder and has not terminated any Lease under Section 4.2, Lessor may agree to an extension of the time for performance under clause (a) if the City provides evidence that the replacement Property has been ordered. If the City fails or refuses to notify Lessor within the required period, Lessor may declare the Loss Amount applicable to the Property immediately due and payable by the City. The Net Proceeds of all insurance payable with respect to the Property will be used to discharge the City's obligation under this Section. On payment of the Loss Amount and Net Proceeds, if any, the Lease will no longer apply to the Property, and the City thereupon becomes entitled to the Property AS IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY, except that the Property must not be subject to any lien or encumbrance created by or arising through Lessor. Section 6.3. Insurance. Lessor understands the City is a governmental entity with certain protections under Texas law. The City will provide a self-insured letter to the Lessor within a reasonable time of any request for such letter. Lessor agrees that the City may self-insure against risk of casualty loss of or physical damage to the Property: provided, that upon written notice from Lessor to the City, the City agrees to secure and maintain commercial insurance against risk of casualty loss of or physical damage to the Property as otherwise required by the Lease if, a default has occurred and is continuing under this Agreement. Lessor furthermore agrees that City may maintain insurance against risk of casualty loss Page 14 of 35 of or physical damage to the Property through the Texas Municipal League Risk Pool. ARTICLE 7. OTHER OBLIGATIONS OF THE CITY Section 7.1. Use; Permits. The City shall obtain all permits and licenses necessary for the installation, operation, possession and use of the Property. The City shall comply with all state and federal laws applicable to the installation, use, possession and operation of the Property, and if compliance with any such state and federal law requires changes or additions to be made to the Property, such changes or additions shall be made by the City at its expense. City agrees that if City is required to deliver any item of Property to Lessor or Lessor's agent, the Property shall be free of all substances which are regulated by or form a basis for liability under any environmental law. City shall comply with all license and copyright requirements of any software used in connection with the Property. Section 7.2. Maintenance of Property by the City. The City shall maintain, preserve and keep the Property in good repair, working order and condition, and shall make all repairs and replacements necessary to keep the Property in such condition. Section 7.3. Taxes. Other Governmental Charges and Utility Charges. Except as expressly limited by this Section, the City shall pay all charges of any kind which are at any time lawfully assessed or levied against the City with respect to the Property, the Lease Payments or any part thereof, which become due during the Term of each Lease. The Property which is the subject of this Agreement is owned and held only for public purposes and devoted exclusively to the use and benefit of the public and, as such, is exempt from ad valorem property tax. If Lessor receives any notice of taxes due with respect to the Property, it shall not pay such taxes but will promptly forward such notice to the Contract Administrator. The City will also pay when due all gas, water, steam, electricity, heat, power, telephone and other charges lawfully assessed or levied against the City incurred in the operation, maintenance, use, occupancy and upkeep of the Property, and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Property; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the Term of the Lease as and when the some become due. The City may, at its own expense and in its own name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments, utility or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless Lessor shall notify the City that, in the opinion of Page 15 of 35 Independent Counsel, the basis for which must be expressly detailed in the opinion, by nonpayment of any such items the interest of Lessor in the Property will be materially endangered or the Property or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes, assessments, utility or other charges or provide Lessor with full security against any loss which may result from nonpayment, in a form satisfactory to Lessor. The Property acquired pursuant to this Agreement is under the sole possession and exclusive use of the City as part of the City's governmental services in furtherance of its public purpose. The City does not make any representation, implied or otherwise, regarding the exemption or tpxability of the Property for purposes of ad valorem and personal property taxation. All UCC statements, financing statements, or instruments filed of record to reflect Lessor's interest in the Property must state that: All property made subject of this UCC filing are owned by and under the sole and exclusive use of the City of Corpus Christi, a political subdivision of the State of Texas, and are used as part of the City's governmental services in furtherance of its public purpose. The City asserts all exemptions provided for political subdivisions of the State of Texas as authorized under the Constitution and laws of the State of Texas against the assessment, levy or charges for ad valorem taxation, personal property taxation or any other charges. Upon the occurrence of an Event of Taxability, the interest portion of any Lease Payment shall be at the Taxable Rate retroactive to the date of occurrence of the Event of Taxability, and City shall pay such additional amount as will result in Lessor receiving the interest portion of the Taxable Rate identified in the Payment Schedule. Section 7.4. Advances. If the City fails to perform any of its obligations under this Article, Lessor may, but is not obligated to, take such action as may be necessary to cure such failure, including the advancement of money, and the City is obligated to repay all such advances on demand, with interest at the rate of the existing loan or the maximum rate permitted by law, whichever is less, from the date of the advance to the date of repayment. ARTICLE 8. TITLE Section 8.1. Title. During the Term of each Lease, and so long as the City is not in default under Article 12, legal title to the Property and any and all repairs, replacements, substitutions and modifications to the Property will be in the City. Upon termination of a Lease under Section 4.2, or after default of the City, full and unencumbered legal title to such Property Group passes to Lessor, if so required in writing by Lessor, and the City shall have no further interest Page 16 of 35 therein. In either of such events, the City shall execute and deliver to Lessor such documents as Lessor may reasonably request to evidence the passage of legal title to such Property Group to Lessor and the termination of the City's interest therein, and upon request by Lessor, City will deliver possession of the Property Group to Lessor in accordance with Section 12.3. Upon termination of a Lease, with respect to any Property Group through exercise of the City's option to purchase pursuant to Article 10 or through payment by the City of all Lease Payments and other amounts relating thereto, Lessor's security and all other interest in such Property Group terminates, and Lessor shall execute and deliver to the City such documents as the Contract Administrator may reasonably request to evidence the termination of Lessor's security or other interest in such Property Group. In the event of a default or termination of a Lease, legal title to the Property passes to the Lessor only if the Lessor so requests. Section 8.2. Security Interest. Lessor has and retains a security interest, under the Uniform Commercial Code, in the Property, the proceeds thereof and all repairs, replacements, substitutions and modifications thereto or thereof made pursuant to Section 8.5, in order to secure the City's payment of all Lease Payments due during the Term of each Lease and the performance of all other obligations herein to be performed by the City. In the event such Property is a motor vehicle, City shall cause the state of registration to note Lessor's security interest on its records and the Certificate of Title for the vehicle, noting such address for Lessor as lienholder on the Certificate of Title: JPMORGAN CHASE BANK, N.A., 1111 Polaris Parkway, Suite 3A, Columbus, Ohio 43240-2050. The City, acting through its Contract Administrator, will join with Lessor in executing such financing statements or other documents and will perform such acts as Lessor may request to establish and maintain a valid security interest in the Property. All UCC statements must indicate that title to a Property Group is in the City and exempt from ad valorem taxation as public property used for a public purpose under the constitution and laws of the State of Texas and contain the bold language of the indented paragraph in Section 7.3. If requested by Lessor, the City will conspicuously mark the Property with lettering, labels, or tags as are reasonably approved by the City Manager and maintain such markings during the Term of a Lease, so as clearly to disclose Lessor's security interest in the Property. If Lessor requires the Certificate of Title to note Lessor's security interest in a Property, upon payment in full by City of all Lease Payments and other related amounts, Lessor must give City a written release of Lessor's security interest so that the Certificate of Title may be reissued in the name of City without any security interest. Section 8.3. Liens. During the Term of a Lease, the City shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Property, other than the respective rights of Lessor and the City as herein provided and Permitted Encumbrances. All Property is exempt from local ad valorem taxation as property owned by a political subdivision and used for public purposes. Lessor Page 17 of 35 shall not pay or incur any charge, assessment, or tax on any Property Group for which the City can claim an exemption from such charges as property used by a political subdivision of the State of Texas for public purposes as provided by the constitution and laws of the State of Texas. Except as expressly provided in Section 7.3 and this Article, the City shall promptly, at its own expense, take such action as may be necessary to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim if the same arise at any time. Section 8.4. Installation of the City's Property. The City may at any time in its sole discretion and at its own expense, install other items of equipment in or upon the Property, which items must be identified by tags or other symbols affixed thereto as property of the City. All such items so identified remain the sole property of the City, in which Lessor has no interest, and may be modified or removed by the City provided that the City must repair and restore any damage to the Property resulting from the installation, modification, or removal of any such items. Nothing in this Agreement prevents the City from purchasing items to be installed pursuant to this Section under a conditional sale or lease with option to purchase contract, or subject to a vendor's lien or security agreement, as security for the unpaid portion of the purchase price thereof, provided that no such lien or security interest attaches to any part of the Property. Section 8.5. Modification of Property. The City shall, at its own expense, have the right to make repairs, replacements, substitutions and modifications to all or any of the parts of the Property. All such work and any part or component used or installed to make a repair or as a replacement, substitution or modification, will thereafter comprise part of the Property and be subject to the provisions of this Agreement. Such work must not in any way damage the Property or cause it to be used for purposes other than those authorized under the provisions of state and federal law or contemplated by this Agreement; and the Property, upon completion of any such work must be of a value which is not less than the value of the Property immediately prior to the commencement of such work. Any property for which a replacement or substitution is made pursuant to this Section may be disposed of by the City in such manner and on such terms as are determined by the City. The City will not permit any mechanic's or other lien to be established or remain against the Property for labor or materials furnished in connection with any repair, replacement, substitution or modification made by the City pursuant to this Section. If any such lien is established, and the City shall first notify Lessor of the City's intention to do so, the City may in good faith contest any lien filed or established against the Property, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless Lessor shall notify the City that, in the opinion of Independent Counsel, the basis for which must be expressly detailed in the opinion, by non-payment of any such item the interest of Lessor in the Page 18 of 35 Property will be materially endangered or the Property, or any part thereof, will be subject to loss or forfeiture. In such event, the City will promptly pay and cause to be satisfied and discharged all such unpaid items or provide Lessor with full security against any such loss or forfeiture, in form satisfactory to Lessor. Lessor will cooperate fully with the City in any such contest, upon the request and at the expense of the City. Section 8.6. Personal Property. The Property is and at all times remains personal property notwithstanding that the Property or any part thereof may be or hereafter become in any manner affixed or attached to or embedded in or permanently rested upon real property or any building. Section 8.6. Use of Property. City shall furnish and permit only duly licensed, trained, safe and qualified drivers to operate any such unit of Property that is a motor vehicle, and such drivers shall be agents of City and shall not be agents of Lessor. ARTICLE 9. WARRANTIES Section 9.1. Selection of Property. The Property and the Contractor have been selected by the City, and Lessor will have no responsibility in connection with the selection of the Property, its suitability for the use intended by the City, the acceptance by the Contractor of the order submitted, or any delay or failure by the Contractor to manufacture, deliver or install the Property for use by the City. Upon acceptance of the Property, the City will add the serial number of the Property to Exhibit A. Section 9.2. Installation and Maintenance of Property. Lessor shall have no obligation to install, erect, test, inspect, service or maintain the Property under any circumstances, but such actions are the obligation of the City or the Contractor. Section 9.3. Contractors' Warranties. Lessor hereby assigns to the City for and during the Term of the Lease, all of its interest in all Contractors' warranties and guarantees, express or implied, issued on or applicable to the Property, and Lessor hereby authorizes the City to obtain the customary services furnished in connection with such warranties and guarantees at the City's expense. Section 9.4. Patent Infrin-gement. Lessor hereby assigns to the City for and during the Term of the Lease all of its interest in patent indemnity protection provided by any Contractor with respect to the Property. Such assignment of patent indemnity protection by Lessor to the City constitutes the entire liability of Lessor for any patent infringement by Property furnished pursuant to this Agreement. Page 19 of 35 Section 9.5. Disclaimer of Warranties. THE PROPERTY IS DELIVERED AS IS, AND LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY OF THE PROPERTY, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROPERTY. ARTICLE 10. OPTION TO PURCHASE Section 10.1. When Available. The City has the option to purchase Lessor's interest in any Property Group on any Payment Date relating thereto for the then applicable Purchase Option Price set forth in the page of Exhibit B relating thereto, but only if the City is not in default under this Agreement, and only in the manner provided in this Article. Section 10.2. Exercise of Option. The City will give notice to Lessor of its intention to exercise its option with respect to any Property Group not less than 20 days prior to the Payment Date on which the option is to be exercised and will deposit with Lessor on the date of exercise an amount equal to all Lease Payments and any other amounts relating to such Property Group then due or past due (including the Lease Payment relating thereto due on the Payment Date on which the option is to be exercised) and the applicable Purchase Option Price set forth in the page of the respective Exhibit B relating thereto. The closing will be on the Payment Date on which the option is to be exercised. The City may not exercise its option under this Article during the first 12 months of the applicable Lease Term. Section 10.3. Release of Lessor's Interest. Upon execution of the purchase option with respect to any Property Group by the City, Lessor will convey or release to the City, all of its right, title and interest in and to the Property Group by delivering to the Contract Administrator such documents as the City Attorney deems necessary for this purpose. ARTICLE 11. ASSIGNMENT, SUBLEASING, MORTGAGING AND SELLING Section 11.1. Assignment of Lessor. All of Lessor's right, title and/or interest in and to any Property Group, the Lease Payments and other amounts relating thereto due hereunder, and the right to exercise all rights under this Agreement relating to such Property Group may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor at any time, only with the prior written consent of the City Manager, unless the Lessor continues to bill and service the Lease. No such assignment will be effective as against the City unless and until the assignor has filed with the City a copy of written notice thereof identifying the assignee. The City will pay all Lease Payments due hereunder relating to such Property Groups to or at the direction of Lessor or the Page 20 of 35 assigned named in the most recent assignment or notice of assignment with respect to such Property Group filed with the Contract Administrator. During the Agreement Term, both Lessor and City will keep a complete and accurate record of all such assignments. In the event Lessor assigns participants in its right, title, and/or interest in and to any Property Group, the Lease Payments and other amounts due with respect thereto, and the rights granted under this Agreement relating thereto, such participants will be considered to be Lessor with respect to their participated shares thereof. Lessor may assign its rights under a Lease to an affiliate without notice to the City provided the Lessor continues to bill and collect Lease Payments and the Lessor agrees to keep a record of the assignments for purposes of Section 149(a) of the Internal Revenue Code. Section 11.2 Assignment by the City. Neither this Agreement nor the City's interest in the Property may be assigned by the City without the written consent of Lessor. Section 11.3. Restriction on Mortgacae or Sale of Property by the City. Except as provided in Sectlon 11.2, the City will not mortgage, sell, assign, transfer or convey the Property or any portion thereof during the Term of this Agreement, or permanently remove the some from its boundaries, without the written consent of Lessor provided that the City may designate the location of the Property outside the City boundaries in the Certificate of Acceptance. ARTICLE 12. EVENTS OF DEFAULT AND REMEDIES Section 12.1. Events of Default Defined. The following will be "events of default" under this Agreement with respect to any Property Group and the terms "events of default" and "default" mean, whenever they are used in this Agreement, with respect to any Property Group, any one or more of the following events: (i) Failure by the City to pay a Lease Payment or other payment required to be paid under any Lease with respect to any Property Group at the time specified herein and the continuation of said failure for a period of ten days after notice given by Lessor in accordance with Section 13.1 that the payment referred to in such notice has not been received. (ii) The City fails to perform any of its obligations under Section 6.3, 8.2, or 1 1 .2. Page 21 of 35 (iii) Any statement by the City in the Agreement or in any writing delivered by the City pursuant thereto proves at any time to have been false, misleading or erroneous in any material respect as of the time when made. (iv) Failure by the City to observe and perform any covenant, condition or agreement on its part to be observed or performed with respect to any Property Group, other than as referred to in Clause (i) of this Section, for a period of 30 days after written notice specifying such failure. Such notice to the City by the Lessor must request that the default be remedied, unless Lessor agrees in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the City within the applicable period and diligently pursued until the default is corrected. (v) The filing by the City of a voluntary petition in bankruptcy, or failure by the City promptly to lift any execution, garnishment or attachment of such consequence as would impair the ability of the City to carry on its governmental function or adjudication of the City as a bankrupt, or assignment by the City for the benefit of creditors, or the approval by a court of competent jurisdiction of a petition applicable to the City in any proceedings instituted under the provisions of the United States Bankruptcy Code, as amended, or under any similar acts which may hereafter be enacted. The provisions of this Section 12.1 and Section 12.2 are subject to the following limitation: if by reason of force majeure the City is unable in whole or in part to carry out its obligations under any Lease with respect to any Property Group, other than its obligatlon to pay Lease Payments with respect thereto which must be paid when due notwithstanding the provisions of this paragraph, the City will not be deemed in default during the continuance of such inability. The term "force majeure" as used herein means, without limitation, the following: acts of God, strikes, lockouts or other labor disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or the State or their respective departments, agencies or officials, or any civil or military authority; insurrections; riots; earthquakes; fires; hurricanes; floods; explosions or other similar causes not reasonably within the control of the City and not resulting from its negligence. The City agrees, however, to remedy with all reasonable dispatch the cause or causes preventing the City from carrying out its obligations under this Agreement; provided that the settlement of strikes, lockouts and other labor disturbances are entirely within the discretion of the City Manager and the City Manager is not required to make settlement of strikes, lockouts, and other labor disturbances by acceding to the demands of the opposing party or parties when such course is in the judgment of the City Manager unfavorable to the City. Page 22 of 35 Section 12.2. Remedies on Default. Whenever any event of default referred to in Section 12.1 hereof has happened and is continuing with respect to any Property Group, Lessor may, at its option and without any further demand or notice, take one or any combination of the following remedial steps: (i) Lessor may terminate the Lease with respect to such Property Group and declare all Lease Payments due thereunder with respect to such Property Group during the Fiscal Year in effect. (ii) Lessor may terminate the Lease with respect to such Property Group; and require City to promptly return the Property Group to Lessor in the manner set forth herein (and City agrees that it shall so return the Property), or Lessor may, at its option, repossess the Property Group; Lessor may enter upon the City's premises where the Property Group is kept and take possession of the Property Group without demand or notice, without any court order or other process of law and without liability for any damage occasioned by such repossession. (iii) If Lessor terminates the Lease with respect to a Property Group and takes possession of such Property contained therein, Lessor, within 60 days thereafter, must use its best efforts to sell such Property or any portion thereof in a commercially reasonable manner at public or private sale in accordance with applicable state laws. Lessor must apply the proceeds of such sale to pay the following items in the following order: (a) all costs incurred in securing possession of the Property Group; (b) all expenses incurred in completing the sale; (c) the balance of any Lease Payments with respect to such Property Group owed by the City during the Fiscal Year then in effect; and (d) the applicable Purchase Option Price with respect to the Property Group due at the end of the Fiscal Year. Any sale proceeds remaining after disbursement pursuant to Clauses (a), (b), (c), and (d) must be paid to the City. (iv) To the extent allowed by applicable law, Lessor may enforce any and all rights to payment by mandamus. Section 12.3. Return of Property. Upon the expiration or termination by the City of a Lease with respect to any Property Group prior to the payment of all Lease Payments in accordance with the related Exhibit B, the City must transfer title to the Property Group to Lessor if Lessor so instructs in writing and return such Property Group to Lessor in the condition, repair, appearance and working order required in Section 7.2, in the following manner as may be specified by Lessor: Page 23 of 35 (i) by delivering the Property Group at the City's cost and expense to such place within Texas as Lessor specifies; or (ii) by loading such portions of the Property Group as are considered movable at the City's cost and expense, on board such carrier as Lessor specifies and shipping the same, insurance freight prepaid, to the place within Texas specified by Lessor. If the City refuses to return the Property Group in the manner designated, the Lease shall remain in full force including, without limitation, the obligations to pay lease Payment and to insure the Property, or Lessor may repossess the Property Group and charge to the City the costs of such repossession or pursue any remedy described in Section 12.2. Once Lessor repossesses the Property Group, the Lease shall terminate and the City shall have no obligation to make Lease Payments. Section 12.4. No Remedy Exclusive. No remedy conferred upon or reserved to Lessor by this Article is intended to be exclusive and every such remedy is cumulative and in addition to every other remedy given under this Agreement or under applicable law. No delay or omission to exercise any right or power accruing upon any default impair any such right or power or may be construed as a waiver thereof but any such right and power may be exercised from time to time and as often as may be deemed expedient by Lessor or its assignee. Section 12.5. Agreement to Pay Attorneys' Fees and Expenses. In the event either party to this Agreement defaults under any of the provisions hereof and the non-defaulting party employs attorneys and/or incurs other expenses for the collection of monies or for the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the parties agree that attorneys' fees and expenses will be paid as authorized by law. Section 12.6. Late Charge. Whenever any event of default referred to in Section 12.1, Clause (i) hereof has happened and is continuing with respect to any Property Group, Lessor has the right, at its option and without any further demand or notice, to require a late payment charge for each thirty (30) day period or part thereof during which such event of default occurs equal to existing interest rate of the delinquent amount not to exceed the maximum authorized by law and the City will be obligated to pay the same immediately upon receipt of Lessor's written invoice therefor; provided, however, that this Section 12.6 will not be applicable if or to the extent that the application thereof would affect the validity of this Agreement. ARTICLE 13. ADMINISTRATIVE PROVISIONS Page 24 of 35 Section 13.1. Notices. All notices, certificates, legal opinions or other communications hereunder will be sufficiently given and will be deemed given when delivered or deposited in the United States mail, in certified form with postage fully prepaid, to the addresses specified in this Agreement; provided that Lessor and the City, by notice given hereunder, may designate different addresses to which subsequent notices, certificates, legal opinions or other communications will be sent. Unless otherwise changed by written notice, all notices required under this Agreement must be directed to the following addresses: CITY: LESSOR: City Treasurer 1 11 1 Polaris Parkway Corpus Christi City Hall Suite 3A — OH1-1085 1201 Leopard Street Columbus, Ohio 43240-2050 4th Floor Attn: GHHN Operations Manager Corpus Christi, TX 78401 Phone (361 ) 826-3604 Phone: 800-876-2601 Fax (361) 826-3601 Email: cefi.escrow.disbursement.request@ipmchase.com Daily communications between Contract Administrator and Lessor will be primarily documented by written notices sent by electronic mail (e-mail). For daily, routine communications e-mail notice is adequate. For formal notice required by any Article or Section of this Agreement, e-mail notice, if any, must be followed by United States certified mail notice. Section 13.2. Financial Information. During the Term of this Agreement, the Contract Administrator annually will provide Lessor with current financial statements, budgets, proof of appropriation of the ensuing Fiscal Year and such other financial information relating to the ability of the City to continue this Agreement as may be reasonably requested by Lessor or its assignee within 30 days of written request therefor. Section 13.3. Binding Effect. This Agreement inures to the benefit of and will be binding upon Lessor and the City and their respective successors and assigns. This Agreement must not be construed to confer any rights, duties or interest on any party not a successor in interest or assignee of Lessor or the City nor may any such party rely on this Agreement as evidence of any duty, right or obligation of Lessor or the City unless both the Lessor and the City, or their successors and assigns, acknowledge such duty, right or obligation in writing, directly addressed to such third-party. Section 13.4. Usury. It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, notwithstanding any provisions to the contrary herein or in any Exhibit A, in no event does this Agreement or any Lease hereunder require the payment or permit the collection of Interest or fees in excess of the maximum amount permitted by Page 25 of 35 applicable law. Any such excess interest or fees must first be applied to reduce Principal, and when no Principal remains, refunded to City. In determining whether the Interest paid or payable exceeds the highest lawful rate, the total amount of Interest must be spread through the applicable Lease Term so that the Interest is uniform through such term. Section 13.5. Amendments Changes and Modifications. This Agreement may be amended or any of its terms modified only by written agreement in a document executed and delivered by authorized representatives of both the Lessor and the City. Section 13.6. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, articles, sections or clauses of this Agreement. Section 13.7. Further Assurances and Corrective Instruments. Lessor and the City agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Property hereby leased or intended so to be, or for otherwise carrying out the expressed intention of this Agreement. The Contract Administrator is hereby authorized by the City Manager to execute such addenda as attached hereto as Exhibits for each Property Group and such other instruments, including, but not limited to: UCC statements, Bills of Sale, etc., that are necessary to carry out the responsibilities, duties and obligations required of the City in accordance with the terms and conditions of this Agreement. Section 13.8. Execution in Counterparts. This Agreement and each Schedule may be simultaneously executed in several counterparts, each of which constitute an original and all of which constitute but one and the same instrument. If more than one counterpart of a Schedule is executed by City and Lessor, then only one may be marked "Lessor's Original" by Lessor. A security interest in any Schedule may be created through transfer and possession only of: the sole original of said Schedule if there is only one original; or the counterpart marked "Lessor's Original" if there are multiple counterparts of said Schedule. Section 13.9. Applicable Law. This Agreement must be governed by and construed in accordance with the laws of Texas. Section 13.10. Entire Agreement. This Agreement, and all addenda and exhibits, as may hereafter be executed, constitute the entire agreement between the parties and supersede all previous negotiations, commitments and contracts, whether written or oral, and may not be contradicted or varied by Page 26 of 35 evidence of prior, contemporaneous or subsequent oral agreements or discussions of the Parties hereto. Section 13.11. Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding does not invalidate or render unenforceable any other provision hereof. To the extent any term herein creates a pecuniary obligation which constitutes a "debt" not payable under current revenues under Sections 5 and 7 of Article II of the Texas Constitution, such provision will be applied only to the extent performance or assumption of such obligation by the City is enforceable and valid under the constitution and laws of Texas. Section 13.12. Jury Waiver. All Parties to this Agreement waive all rights to trial by jury in any action, proceeding or counterclaim brought by any party against any other party on any matter whatsoever arising out of, in connection with, or in any way related to this Agreement and any Lease. Section 13.13. No Waiver. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. Section 13.14. Anti-Corruption and Sanctions Representations. (i) Use of Proceeds. The City shall not use, or permit any proceeds of the Agreement to be used, directly or indirectly, by the City or its respective directors, officers, employees and agents: (1 ) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws; (2) for the purpose of funding, financing or facilitating any activity, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country; or (3) in any manner that would result in the violation of any Sanctions applicable to any Party hereto. (ii) Definitions. For the purposes of this Section, the following terms shall have the following meanings: "Anti-Corruption Laws" means all laws, rules, and regulations of any jurisdiction applicable to the City from time to time concerning or relating to bribery or corruption. 'Person" means any individual, corporation, partnership, limited liability company, joint venture, joint stock association, association, bank, business trust, trust, unincorporated organization, any foreign governmental authority, the United States of America, any state of the United States and any political subdivision of any of the foregoing or any other form of entity. "Sanctions" means economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U S. government, including those administered by the Office of Foreign Assets Page 27 of 35 Control of the U.S. Department of the Treasury or the U.S. Department of State. "Sanctioned Country" means, at any time, a country or territory which is the subject or target of any Sanctions. "Sanctioned Person" means, at any time, (a) any Person listed in any Sanctions-related list of designated Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.S. Department of State, (b) any Person operating, organized or resident in a Sanctioned Country or (c) any Person controlled by any such Person. Section 13.15. 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. Pursuant to Section 2270.002, Texas Government Code, the Lessor hereby represents that it does not boycott Israel and, subject to or as otherwise required by applicable federal law, including, without limitation, 50 U.S.C. Section 4607, the Lessor agrees not to boycott Israel during the term of this Agreement. "Boycott Israel" which shall have the meaning given such term in Section 2270.002, Texas Government Code. IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer; and the City has caused this Agreement to be executed in its name by its City Manager, or designee. CITY OF CORPUS CHRISTI Constance Sanchez Date Director of Financial Services LESSOR: JPMORGAN CHASE BANK, N.A. Date: 06/15/2018 By: Printed NaeMary C. Heubach Title: Authorized Officer Page 28 of 35 Exhibit A PROPERTY DESCRIPTION The following Property comprises a Property Group which is subject to the terms and conditions of that certain Master Lease-Purchase Agreement entered into by and between the City of Corpus Christi and (Lessor) dated the day of , 20 Quantity Description Serial Number TOGETHER WITH ALL ATTACHMENTS, ADDITIONS, ACCESSIONS, PARTS, REPAIRS, IMPROVEMENTS, REPLACEMENTS AND SUBSTITUTIONS THERETO. All Property made subject of this Agreement is owned by and under the sole and exclusive use of the City of Corpus Christi, a political subdivision of the State of Texas, and is used as part of the City's governmental services in furtherance of its public purpose. The City asserts all exemptions provided for political subdivisions of the State of Texas as authorized under the Constitution and laws of the State of Texas against the assessment, levy or charges for ad valorem taxation, personal property taxation or any other charges. LESSOR By: Name: Title: Date: CITY OF CORPUS CHRISTI Constance Sanchez Date Director of Financial Services Page 29 of 35 Exhibit B SCHEDULE OF LEASE PAYMENTS RELATING TO PROPERTY The following schedule of Lease Payments constitutes the applicable payments for the Property Group described in Exhibit A attached to that certain Master Lease-Purchase Agreement entered by and between the City of Corpus Christi and (Lessor) dated the day of 20 Due Payment Total Principal Interest Purchase Date Number Payment Component Component Option Price All Property made subject of this Agreement is owned by and under the sole and exclusive use of the City of Corpus Christi, a political subdivision of the State of Texas, and is used as part of the City's governmental services In furtherance of its public purpose. The City asserts all exemptions provided for political subdivisions of the State of Texas as authorized under the Constitution and laws of the State of Texas against the assessment, levy, or charges for ad valorem taxation, personal property taxation or any other charges. LESSOR: CITY OF CORPUS CHRISTI By: Name: Constance Sanchez Title: Director of Financial Services Date: Date: Page 30 of 35 Exhibit C CERTIFICATE OF ACCEPTANCE I, the undersigned, hereby certify that I am the duly qualified and acting Director of Financial Services of the City of Corpus Christi, (the City), and, with respect to the Master Lease-Purchase Agreement dated (the Agreement), by and between Lessor and the City that: I. The Property listed on Exhibit A (the Property Group) has been delivered and installed in accordance with the City's Specifications (as that term is defined in the Agreement) and has been fully tested and finally accepted by the City. The serial vehicle identification number(s) of the Property Group is/are listed on Exhibit A. 2. The Lease Payments provided for on the page of Exhibit B relating to such Property Group (the Lease Payments) shall commence monthly beginning and be due and payable on the first business day of each month thereafter. 3. The City has appropriated and/or taken other lawful actions necessary to provide monies sufficient to pay all Lease Payments required to be paid under the Lease during the current fiscal year of City, and such monies will be applied in payment of all such Lease Payments due and payable during such current fiscal year. 4. During the Lease Term (as defined in the Agreement) the Property Group will be used by the City to perform essential governmental functions devoted exclusively to public use. Such functions are: 5. The City has not terminated any Lease under Section 4.2 of the Agreement and no event of default has occurred thereunder. 6. There is no litigation, action, suit or proceeding pending before any court, administrative agency, arbitrator or governmental body, that challenges the organization or existence of the City; the authority of the City or its officers or its employees to enter into the Lease; the proper authorization, approval, and execution of the Lease and other documents contemplated thereby; the appropriation of monies, or any other action taken by the City to provide monies, sufficient to make Lease Payments coming due under the Lease in the City's current fiscal year; or the ability of the City otherwise to perform its obligations under the Lease and the transaction contemplated thereby. LESSOR: CITY OF CORPUS CHRISTI By: Name: Constance Sanchez Title: Director of Financial Services Date: Date: Page 31 of 35 Exhibit D OPINION OF COUNSEL Re: Master Lease-Purchase Agreement dated as of the day of , by and between the City of Corpus Christi ("City') and JPMorgan Chase Bank, N.A. ("Lessor"). Dear Sir or Madam: I have acted as counsel to the City with respect to the Master Lease- Purchase Agreement described above and all exhibits, addenda and other agreements thereto (collectively, the "Agreement") and various related matters, and in this capacity have reviewed a duplicate original or certified copy of the Agreement and the Exhibits attached thereto. Based upon the examination of these and such other documents as I deem relevant, it is my opinion that: 1 . The City is a municipal corporation and political subdivision of the State of Texas, duly organized, existing, and operating under the Constitution and laws of the State of Texas. 2. The City is authorized and has power under applicable law to enter into the Agreement, and to carry out its obligations thereunder and the transactions contemplated thereby. 3. The Agreement has been duly authorized, approved, executed and delivered by and on behalf of the City, and is a valid and binding contract of the City enforceable in accordance with its terms, except to the extent limited by state and federal laws affecting remedies and by bankruptcy, reorganization or other laws of general application relating to or affecting the enforcement of creditor's rights. 4. The authorization, approval and execution of the Agreement and all other proceedings of the City relating to the transactions contemplated thereby have been performed in accordance with all applicable open meeting, public bidding and all other laws, rules and regulations of the State of Texas. 5. The execution of the Agreement and the appropriation of monies to pay the Lease Payments coming due thereunder do not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred by the City. Page 32 of 35 6. There is no litigation, action, suit or proceeding pending before any court, administrative agency, arbitrator or governmental body, that challenges the organization or existence of the City; the authority of the City or its officers or its employees to enter into the Agreement; the proper authorization, approval and/or execution of the Agreement, Exhibits thereto and other documents contemplated thereby; the appropriation of monies to make Lease Payments under each Lease for the current fiscal year of the City; or the ability of the City otherwise to perform its obligations under the Agreement and the transactions contemplated thereby. 7. The Agreement was duly and validly adopted by official action of the governing body of the City of Corpus Christi on this the day of , and such official action has not been amended or repealed and remains in full force and effect. 8. Lessor and any of its assigns may rely on this opinion. Dated: By: City Attorney City of Corpus Christi Page 33 of 35 EXHIBIT E Standard Form Lease Line of Credit Lease Line of Credit No. LEASE LINE OF CREDIT REQUISITION AND RECEIVING REPORT City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 CITY CONTACT: CONTACT TELEPHONE: (361 ) 826-3651 FAX (361 ) 826-3601 BUDGETED EQUIPMENT COST: FINANCING TERM: 36 mo 0 42 mo 48 mo 60 mo _, 84 mo _, 120 mo Other (specify) TOTAL APPROXIMATE COST: $ IS THE FIRST YEAR PAYMENT APPROPRIATED? T Yes — No (explain) PHONE NO: DATE: ACTIVITY NAME: ACCOUNT/FUND/ORG: DEPARTMENT CONTACT: DEPARTMENT APPROVAL: Acknowledged by Lessor: Signature Name: Please Print/T e Page 34 of 35 EQUIPMENT: Complete One Form Per Line Item and Attach Specification. Describe equipment (non-technical description) including quantity to be ordered. ESSENTIAL. USE: Check if the proposed equipment is replacement. State the age of the equipment being replaced, why the proposed equipment is needed and its estimated useful life. Check if the proposed equipment is additional. State why the equipment is needed and the estimated useful life. Page 35 of 35