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Agenda Packet City Council - 07/24/2018
City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda - Final-revised City Council Tuesday,July 24,2018 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 Rob Bailey, Southside Community Church. C. Pledge of Allegiance to the Flag of the United States to be led by Jeff Lee, Assistant Director of Human Resources. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0874 Proclamation declaring July 22 - July 28, 2018, "Feria De Las Flores Week" and July 28, 2018 "Feria De Las Flores Day". Recognition of Mayor's "4th of July Big Bang Celebration" Regatta Winners. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. City of Corpus Christi Page 1 Printed on 7/23/2018 City Council Meeting Agenda-Final-revised July 24,2018 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. STRATEGIC FUTURE ISSUES - FUTURE WATER SUPPLIES b. OTHER G. MINUTES: 2. 18-0875 Regular Meeting of July 17, 2018 and Workshop Session of July 16, 2018. Attachments: Minutes -July 17, 2018 Minutes-July 16, 2018 Workshop H. BOARD &COMMITTEE APPOINTMENTS: 3. 18-0878 Corpus Christi Business and Job Development Corporation Corpus Christi B Corporation Mayor's Fitness Council Museum of Science and History Advisory Board Attachments: Corpus Christi Business and Job Development Corporation Corpus Christi B Corporation Mayor's Fitness Council Museum of Science and History Advisory Board I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. City of Corpus Christi Page 2 Printed on 7/23/2018 City Council Meeting Agenda-Final-revised July 24,2018 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 -23) 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. 18-0790 Resolution for the Purchase and installation of Storage Cabinets for the Corpus Christi Museum of Science and History - Sole Source 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 5. 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 City of Corpus Christi Page 3 Printed on 7/23/2018 City Council Meeting Agenda-Final-revised July 24,2018 Service Agreement- Emergency or Diaster Response Services 6. 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 7. 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 8. 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 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 9. 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 Project Budget- Bond 2016 RSRP City of Corpus Christi Page 4 Printed on 7/23/2018 City Council Meeting Agenda-Final-revised July 24,2018 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) 10. 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..xlsx 11. 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 12. 18-0737 Two-year Service Agreement for Storm Debris Removal Monitoring 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 13. 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 City of Corpus Christi Page 5 Printed on 7/23/2018 City Council Meeting Agenda-Final-revised July 24,2018 Master Lease-Purchase Financing Agreement 14. 18-0802 Second Reading Ordinance - Rezoning property at or near 1752 Flour Bluff Drive (1st Reading 7/17/18) 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 Zoninq Report 0518-02 Siecoast Development, Inc Presentation -0518-02 Siecoast Development Inc. 15. 18-0803 Second Reading Ordinance - Rezoning property at or near 4549 Violet Road (1st Reading 7/17/18) 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 "W'. 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 16. 18-0831 Second Reading Ordinance Adopting the City of Corpus Christi's Proposed FY2018-2019 Consolidated Annual Action Plan (1st Reading 7/17/18) 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 City of Corpus Christi Page 6 Printed on 7/23/2018 City Council Meeting Agenda-Final-revised July 24,2018 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 17. 18-0776 Second Reading Ordinance -Accepting and appropriating grant funds for the purchase of body cameras for the Police Department (1st Reading 7/17/18) 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 Award letter 18. 18-0807 Second Reading Ordinance -Accepting and appropriating the Edward Byrne Memorial Justice Assistance Grant within the Police Department(1st Reading 7/17/18) 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 19. 18-0825 Second Reading Ordinance -Accepting and appropriating grant for Internet Crimes Against Children (ICAC) Task Force Program wihtin the Police Department (1st Reading 7/17/18) Ordinance authorizing acceptance of grant from Office of the Attorney General for Internet Crimes Against Children (ICAC) Task Force program, in amount of$10,010 for the ICAC program within the Police Department; and appropriating the $10,010 in Police Grants Fund. Attachments: Agenda memo- ICAC 2018 appropriation 07.17.2018 City of Corpus Christi Paye 7 Printed on 7/23/2018 City Council Meeting Agenda-Final-revised July 24,2018 Ordinance - ICAC Grant 2018 -amended FY2018 ICAC Award document 20. 18-0713 Second Reading Ordinance - Partial utility easement closure located at 4030 Giants Drive (1st Reading 7/17/18) 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 21. 18-0792 Second Reading Ordinance - 2018 Que Bueno Taco Festival Agreement (1st Reading 7/17/18) 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. Attachments: Agenda Memo-Que Bueno Taco Festival 2018 Ordinance -Que Bueno Taco Festival Lease Agreement-Que Bueno Taco Festival 22. 18-0755 Second Reading Ordinance -Appropriating $550,000 for Selena Auditorium elevator modernization project (1st Reading 7/17/18) 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 Project Budget- E17062 Modernize Selena Elevators (FMAC) 23. 18-0796 Second Reading Ordinance -Appropriating $500,000 from Worker's Compensation Reserve Fund Balance for higher-than-actuarially-calculated worker's compensation costs (1st Reading 7/17/18) 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 City of Corpus Christi Paye 8 Printed on 7/23/2018 City Council Meeting Agenda-Final-revised July 24,2018 Ordinance Appropriating $500K from Risk Reserve L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEM 24) 24. 18-0832 Special Permit Time Extension for a property at or near 7442 Wooldridge Road Case No. 0618-01 Dorsal Development, LLC.: Ordinance granting a time extension of the "RM-1/SP" Multifamily 1 District with a Special Permit on a property at or near 7442 Wooldridge Road. Planning Commission and Staff Recommendation (June 13, 2018): Approval of the requested Special Permit time extension for a period of 6 months. Attachments: Agenda Memo 0618-01 Dorsal Development, LLC. Ordinance 0618-01 Dorsal Development, LLC. Presentation 0618-01 Dorsal Development, LLC. CC Report 0618-01 Dorsal Development, LLC. with Exhibits N. REGULAR AGENDA: (ITEMS 25 - 26) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 25. 18-0873 Change Order No. 12 for O.N. Stevens Water Treatment Plant High Service Building No. 3 (Capital Improvement Program) Motion authorizing Change Order No. 12 with PLW Cadagua Partners of The Woodlands, Texas in the amount of$300,000 for the O.N. Stevens Water Treatment Plant High Service Building No. 3. (Capital Improvement Program - CIP) Attachments: Agenda Memo-ONSWTP Clorine System PLW Cadagua CO No. 12 Project Budget- ONSWTP Clorine System PLW Cadagua CO No. 12 E11066 Change Order 12 Location Map-ONSWTP Clorine System PLW Cadagua CO No. 12 Presentation -ONSWTP Chlorine System PLW Cadagua CO No. 12 26. 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 City of Corpus Christi Page 9 Printed on 7/23/2018 City Council Meeting Agenda-Final-revised July 24,2018 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 Letter of Recommendation of Award of Contract- Re-Bid Presentation - Bill Witt Park(3)original O. FIRST READING ORDINANCES: (ITEMS 27 -30) 27. 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 28. 18-0625 First Reading Ordinance - Lease Agreement for Tom Graham Park Ordinance authorizing a five-year lease with an option to extend for an additional five year term with Grow Local South Texas, Inc. for use of Tom Graham Park at 3914 Up River Road for a public gardening program. Attachments: Agenda Memo-Grow Local -Tom Graham Park 2018 Ordinance -Grow Local -Tom Graham Park 2018 Lease -Grow Local Tom Graham Park Signed 29. 18-0833 First Reading Ordinance - Exemption from the Wastewater Lot or Acreage Fees for Water's Edge at Kitty Hawk Unit 2 Ordinance exempting Water's Edge at Kitty Hawk Unit 2, located south of South Staples Street and west of Kitty Hawk Drive, from the payment of the wastewater lot or acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo-Water's Edge at Kitty Hawk Ordinance 7.6.18 Ordinance -Water's Edge at Kitty Hawk Agreement-Sanitary Sewer Connection -Signed Presentation -WW Exemption Water edge Kitty Hawk Unit 2-7.18.18 City of Corpus Christi Page 10 Printed on 7/23/2018 City Council Meeting Agenda-Final-revised July 24,2018 30. 18-0595 First Reading Ordinance -Adopting Vacant Building Regulations Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations including registration; and Providing for penalties. Attachments: Agenda Memo-Vacant Building Ordinance Ordinance -Vacant Building Ordinance 07.18.18 P. FUTURE AGENDA ITEMS: (ITEMS 31 - 33) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 31. 18-0809 Professional Services Contract for Programmed Water Line Service Life Extension Indefinite Delivery/ Indefinite Quanitity Program (Capital Improvement Program) Motion executing a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount of$350,510 for Programmed Water Line Service Life Extension Indefinite Delivery / Indefinite Quantity (IDIQ) Project. (Capital Improvement Program) Attachments: Agenda Memo-Citywide Water Distribution System IDIQ Prosect Budget-Citywide Water Distribution System IDIQ Location Map Presentation -Citywide Water Distribution System IDIQ Contract-Citywide Water Distribution IDIQ 18094A Urban 32. 18-0806 Resolution approving submission of five traffic safety improvement projects for Highway Safety Improvement grants (Bond 2016, TxDOT Participation) Resolution supporting the submission of multiple project proposals for Texas Department of Transportation Highway Safety Improvement Program grants for traffic signals. Attachments: Agenda Memo- HSIP rev 7.18.2018 Resolution -Highway Safety Improvement Program HSIP 2018 Presentation - Highway Safety Improvement Program HSIP 2018 REV 7.17.201 Location Map- Highway Safety Improvement Program HSIP 2018 33. 18-0726 Three Supply Agreements for Purchase of Tires for Fleet Maintenance Motion authorizing three, one-year supply agreements for the purchase of Goodyear tires from Goodyear Tire and Rubber Co. of Corpus Christi, Texas; Pursuit tires from GCR Tire and Service of Corpus Christi, Texas; City of Corpus Christi Page 11 Printed on 7/23/2018 City Council Meeting Agenda-Final-revised July 24,2018 and, Dunlop tires from Southern Tire Mart of Corpus Christi, Texas via BuyBoard cooperative for a total amount not to exceed $272,376.85. Attachments: Agenda Memo-Tires for Fleet Price Sheet-Tires for Fleet Goodyear Tire&Rubber Co. Supply Agreement.pdf GCR Supply Agreement.pdf Southern Tire Mart Supply Agreement.pdf 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 34 -36) 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. 34. 18-0870 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights owned by the City within the City of Corpus Christi at Cabra Park and property or adjacent to 1324 W. Broadway, Penn Place Park and property at or adjacent to 4302 Aaron, Congress Park and property at or adjacent to 4017 Capitol, Creekway Park and property at or adjacent to 7306 Prairie, property at or adjacent to 926 St. Bernard, and property at or adjacent to 6099 Ennis Joslin and/or 6053 Ennis Joslin, and/or other miscellaneous properties in the City limits owned by the City and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights at or in the vicinity of the aforementioned locations) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. City of Corpus Christi Page 12 Printed on 7/23/2018 City Council Meeting Agenda-Final-revised July 24,2018 35. 18-0871 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the gas utility system, and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property rights associated with the gas utility system because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 36. 18-0902 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the Consulting Services Agreement between the City of Corpus Christi and the Corpus Christi Convention & Visitor's Bureau, the provision of economic development assistance by/through said entity to business prospect(s), and state law restrictions on the use of hotel occupancy funds, and 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. 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 7/23/2018 Cit`' of Corpus Christi 1201 Leopard Street 1 City Corpus Christi,TX 78401 cctexas.com o Meeting Minutes 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. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:32 a.m. B. Invocation to be given by Pastor Ely Perez, Bridgeway Church. Pastor Ely Perez gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Buck Brice, Assistant City Attorney. Assistant City Attorney Buck Brice 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 7/19/2018 City Council Meeting Minutes July 17,2018 Present: 8- 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, and Council Member Greg Smith Absent: 1 - Council Member Lucy Rubio E. Proclamations /Commendations 1. 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. Mayor McComb presented the proclamations and recognition. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: e. OTHER 1) Interim City Manager Selman provide a recap of the items that City Council approved related to the City Council's goals for Water and Streets.2)Interim City Manager Selman presented a video regarding the new Corpus Christi Mobile App. b. HEALTH FUND UPDATE Director of Human Resources Steven Viera provided an update on the status of the Citicare, Police, and Fire health plans. a. STRATEGIC FUTURE ISSUES (NONE) Council Member Lindsey-Opel requested an update on the City's water supply. City of Corpus Christi Page 2 Printed on 7/19/2018 City Council Meeting Minutes 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. Mayor McComb deviated from the agenda and referred to comments from the public. Mayor McComb announced that Item 6 and 20 were being pulled from the agenda. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. Kirt Newport, 327 Chenoweth, thanked the City for their work to remove mud on Chenoweth Street after a recent water break and requested that Chenoweth Street be repaired as soon as possible. Flo East, 1605 Yorktown, spoke regarding a recent media report's portrayal of Flour Bluff and listed examples of how the Flour Bluff area is prospering.Jack Gordy,4118 Bray, spoke regarding enforcement of illegal signs. Sherry Sells, 5014 Wingfoot,spoke regarding ADA accessibility on sidewalks. Reba Gandana, 623 Bradshaw; Mandy Cox, 1601 Sea Oak; Marissa Ettinger, 1325 Tates Creek; Sandra Gideon, 3217 Nassau; Tiffany Fader,4706 Sea Island; Rachel Meldrum, 6826 Round Table; Alissa Mejia,4302 Ocean Drive; Lisa Orsborn Hernandez, 5826 Llano; and Alyce Oblad, 7721 Van Zandt, spoke regarding park improvements including:splash pads,shade structures, additional trees, updated playground equipment and in support of a bond proposition for parks.Juliane Brown, 1241 Calle San Marcos,thanked the City Council for the regular clean-out of La Voila Creek and spoke regarding the need for additional street outlets. Raymond Ames, 7 Virginia Hills, asked the City Council to consider revisiting wastewater rates. Pat Polastri, 1605 Ocean Drive,spoke in opposition to the new landscaping placed in the median on Ocean Drive because it attracts roaches and rodents and is a safety concern. Sara Salvide, 634 Hoffman, expressed appreciation to Council Member Molina and Mayor McComb for their assistance in removing a fallen tree on her property by providing funding from the Mayor's Hurricane Harvey Fund and to the City Council for keeping the senior centers open. Brian Watson, 5813 Hugo,spoke regarding: pensions for City employees; collective bargaining agreements with first responders; and recycling. Margareta Fratila, 3606 Tripoli,spoke regarding the Water Department and legal issues. Shirley Thornton, 1917 Woodcrest, Flour Bluff Citizens Council,thanked council members, Police Captain Chris White with Code Enforcement and Director of Solid Waste Lawrence Mikolajczyk who attended a recent Flour Bluff Citizens Council meeting to address issues in the Flour Bluff area. Juan Araiza, 5921 Shadow Wood,spoke regarding public comment including: the Rules of Decorum; the Texas Open Meetings Act; and the Code of Ethics Rules of Conduct.Andrea Montalvo-Hamid, 7030 Wakeforest, spoke regarding:the budget for Parks and Recreation and Libraries; park activities; and splash pads. Errol Summerlin,spoke regarding Agenda Item 35, City of Corpus Christi Page 3 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 an executive session item related to Gulf Coast Growth Ventures and the San Patricio Municipal Water District, and requested the item be held in open session. Susie Luna Saldana, 4710 Hakel, expressed her opinion that comments made by some members of the public were politically motivated and untrue. Julie Rogers, 710 Furman, read the City Council Policy regarding public comment. Sylvia Campos,4410 Fir, spoke regarding: democracy;the Youth Sailing Event; food trucks; and splash pads for parks. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb returned to City Manager's Comments. C. BUDGET UPDATE Director of Management and Budget Eddie Houlihan provided a brief update on the FY2017-2018 budget. Mr. Houlihan presented the following information: General Fund revenues related to property, sales,franchise fees, and other taxes; public safety services; transfers; and a summary of the revenues and expenditures for the General, Enterprise, Internal Service, Debt Service, and Special Revenue Funds. Council members and staff discussed the following topics:the transfer of funds for the baseball stadium; a future discussion related to water and wastewater; the status of the hotel occupancy tax funds and how to allocate unanticipated revenue;the decrease in utility revenues from last fiscal year; Hurricane Harvey's impact on General Fund revenues; a three-minute statement regarding the water and wastewater rate structure; and problems associated with the Utilities Billing System. d. CITY PERFORMANCE REPORT- CODE ENFORCEMENT Police Captain Chris White provided a briefing on the mission statement, operational profile, baseline information and performance indicators of Code Enforcement. Council members and Captain White discussed the following topics: prioritization of calls;the difference between the number of citations versus calls;the number of citations that result in payment or dismissal through Municipal Court; a property located at Buford and Third Streets;the statewide standard and goal of the department regarding the average time to address calls; if additional staff or process changes are needed to meet the goal of the department to respond to calls;the turnover rate of code enforcement officers; and opportunities to implement technology to effectively communicate to citizens enforcement violations and minimize administrative time completing documentation. R. EXECUTIVE SESSION: (ITEM 35) Mayor McComb deviated from the agenda and referred to Executive Session Item 35. The Council went into executive session at 2:05 p.m. The Council returned from executive session at 3:26 p.m. 35. Executive session pursuant to Texas Government Code § 551.071 City of Corpus Christi Page 4 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 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). This E-Session Item was discussed in executive session. L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 35. G. MINUTES: 2. Regular Meeting of June 26, 2018 and Workshop Sessions of June 21, 2018 and June 28, 2018. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Lindsey-Opel and passed unanimously(Council Members Hunter and Rubio- absent). H. BOARD &COMMITTEE APPOINTMENTS: 3. Committee for Persons with Disabilities Landmark Commission Planning Commission Airport Zoning Commission Mayor McComb referred to board and committee appointments. The following appointments were made: Committee for Persons with Disabilities Council Member Lindsey-Opel made a motion to appoint Melanie R. Gomez, seconded by Council Member Garza and passed unanimously(Council Members Hunter and Rubio-absent). Landmark Commission Council Member Garza made a motion to reappoint Craig Thompson City of Corpus Christi Page 5 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 (Engineer), Jillian Becquet(Historian), and Bert Rucker,Jr. (Regular Member), seconded by Council Member Molina and passed unanimously(Council Members Hunter and Rubio-absent). Council Member Garza made a motion to appoint Bryan E. Stone(Regular Member)and Kathleen De La Garza(Regular Member),seconded by Council Member Smith and passed unanimously(Council Members Hunter and Rubio- absent). Planning Commission Council Member Lindsey-Opel made a motion to reappoint Matthew Ezell and Sheldon Schroeder, seconded by Council Member Smith and passed unanimously(Council Members Hunter and Rubio-absent). Council Member Garza nominated Kamran Zarghouni. Council Member Smith nominated Gordon R. Robinson. Kamran Zarghouni was appointed with Council Members Molina, Lindsey-Opel, Guajardo, Garza, and Roy voting for Kamran Zarghouni and Mayor McComb and Council Member Smith voting for Gordon R. Robinson (Council Members Hunter and Rubio-absent). Airport Zoning Commission Council Member Molina made a motion to reappoint Matthew Ezell and Sheldon Schroeder and appoint Kamran Zarghouni, seconded by Council Member Lindsey-Opel and passed unanimously(Council Members Hunter and Rubio-absent). I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 10) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Mayor McComb made a motion to table Items 6 and 20 to the July 24,2018 Council meeting,seconded by Council Member Lindsey-Opel and passed unanimously(Council Members Hunter and Rubio-absent). There were no comments from the Council or the public regarding the Consent Agenda Items. A motion was made by Council Member Lindsey-Opel,seconded by Council Member Garza, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: City of Corpus Christi Page 6 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 Aye: 7- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Absent: 2- Council Member Hunter and Council Member Rubio Abstained: 0 4. 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 passed on the consent agenda. Enactment No: 031471 5. 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 passed on the consent agenda. Enactment No: 031472 6. 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). Item 6 was tabled at the start of the Consent Agenda. 7. 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" City of Corpus Christi Paye 7 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031473 8. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031474 9. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031475 10. 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, City of Corpus Christi Paye 8 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 Texas, via BuyBoard Cooperative, for an amount not to exceed $216,672. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031476 M. PUBLIC HEARINGS: (ITEMS 11 - 14) 11. 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". Mayor McComb referred to Item 11. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for future development. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. Mayor McComb stated that neither the applicant nor the applicant's representative was present. Mayor McComb closed the public hearing. A council member expressed his support for the rezoning. 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: 7- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Absent: 2- Council Member Hunter and Council Member Rubio Abstained: 0 12. 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. City of Corpus Christi Paye 9 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 Planning Commission and Staff Recommendation (May 30, 2018): Approval of the change of zoning from the "RS-6" to the "RV". Mayor McComb referred to Item 12. 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 73-pad recreational vehicle park. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. Michelle Williams,4557 Church, spoke in favor of the zoning change. Mayor McComb closed the public hearing. Council members spoke regarding the following topics: a council member's opinion that the recreational vehicle park will be a benefit to the area; noise restrictions;the applicant's previous experience regarding recreational vehicle parks; and the development of a 73-pad recreational vehicle park,which is below the maximum allowed. Cliff Zarbock, 1802 Hosea Ct., representative for the applicant, responded to questions regarding the recreational vehicle park. Council Member Roy made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Absent: 2- Council Member Hunter and Council Member Rubio Abstained: 0 13. 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. 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. Mayor McComb referred to Item 13. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to hold a public hearing and adopt the FY2018-2022 5-Year Consolidated Action Plan for the Community Development Block Grant(CDBG), Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs. The plan is the City's funding application to the U.S. Department of Housing and Urban Development(HUD)for the next five years. Mr. Bentancourt introduced Whitney Finnstrom, Mullin Lonergan Associates,who assisted the City with developing City of Corpus Christi Page 10 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 the plan. Council Member Roy announced he was abstaining from this item. Mr. Finnstrom presented the following information: an overview of the Consolidated Plan process;the FY2018 HUD award to the City of Corpus Christi; citizen participation; the identified needs and priorities; and the schedule for preparation and submission of the plan. Council members and staff discussed the following topics:the total amount estimated to be awarded over the five-year period;the funding allocation for FY2018-2019;the decline of HUD funding in previous years;the amount of funding associated with administration; and the cost-to-benefit ratio. Mayor McComb opened the public hearing. Judy Telge spoke regarding the public input process;the need for affordable housing; and in support of the plan. Steven Andres,4645 Ocean Drive,spoke regarding the need for housing for veterans; providing support in the community through neighborhood empowerment; and identifying ways to get communities involved. Lamont Taylor, 1701 Stillman,spoke in support of the plan;the public input process; and the need for affordable housing. Errol Summerlin spoke in support of adopting the plan and addressed how the funds are beneficial to the community. Mayor McComb closed the public hearing. Council Member Lindsey-Opel made a motion to approve the resolution, seconded by Council Member Guajardo. This Resolution was passed and approved with the following vote: Aye: 6- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina and Council Member Smith Absent: 2- Council Member Hunter and Council Member Rubio Abstained: 1 - Council Member Roy Enactment No: 031477 14. 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. Mayor McComb referred to Item 14. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to hold a City of Corpus Christi Page 11 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 public hearing and first reading ordinance to adopt the FY2018-2019 Consolidated Annual Action Plan for the Community Development Block Grant (CDBG), Emergency Solutions Grant(ESG), and the HOME Investment Partnerships (HOME) Programs. Mr. Bentancourt provided a brief overview of staff's recommendations for the CDBG, ESG, and HOME project funding. City Secretary Rebecca L. Huerta announced that Council Member Roy was abstaining from this item. Council members and staff discussed the following topics: an explanation of the HCD -Rehabilitation Services project;whether the administration of the HCD-Rehabilitation Services project could be contracted out;the total amount of funding being recommended for administration of projects; the project details for Engineering-Sunnybrook Road Sidewalk Improvements Phases I and II; the project description for the Parks and Recreation-Del Mar College Nutrition Education Service Center;the commencement date for the projects; use of the unallocated HOME funds to address workforce housing;the Homebuyer Gap Financing Assistance Program; leveraging the HOME funds with Type B funds; and the Community Development Corporation of Brownsville project. Mayor McComb opened the public hearing. Nick Mitchell Bennett, Executive Director of the Community Development Corporation of Brownsville, provided information on the program and responded to council members'questions regarding:the definition of affordable housing; if homes are being built windstorm certified; and the relationship between the City and the Community Development Corporation of Brownsville to provide access to affordable housing. Mayor McComb closed the public hearing. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina and Council Member Smith Absent: 2- Council Member Hunter and Council Member Rubio Abstained: 1 - Council Member Roy N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 15 -22) 15. 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. Mayor McComb referred to Item 15. Police Chief Mike Markle stated that the City of Corpus Christi Page 12 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 purpose of this item is to accept and appropriate a grant from the State of Texas, Edward Byrne Memorial Justice Assistance Grant in the amount of $156,000 for the purchase of body cameras. There were no comments from the Council or the public. Council Member Garza. made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Absent: 2- Council Member Hunter and Council Member Rubio Abstained: 0 16. 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. Mayor McComb referred to Item 16. Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate a Justice Assistance Grant in the amount of$167,457. This annual grant is used to purchase equipment and 50%of the funds are distributed to Nueces County. 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 Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Absent: 2- Council Member Hunter and Council Member Rubio Abstained: 0 17. 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 City of Corpus Christi Page 13 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 Department; and appropriating the $10,000 in Police Grants Fund. Mayor McComb referred to Item 17. Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate a grant for the Internet Crimes Against Children Task Force Program. Chief Markle requested that the ordinance be amended to reflect a grant amount of$10,010. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to amend the ordinance by changing the amount of the grant to$10,010,seconded by Council Member Molina and passed unanimously(Council Members Hunter and Rubio-absent). Council Member Lindsey-Opel made a motion to approve the ordinance as amended,seconded by Council Member Garza. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Absent: 2- Council Member Hunter and Council Member Rubio Abstained: 0 18. 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. Mayor McComb referred to Item 18. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to abandon and vacate an existing utility easement in the Manhattan Estates Unit 4 Subdivision located at 4030 Giants Drive to facilitate the potential sale of the property. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Absent: 2- Council Member Hunter and Council Member Rubio Abstained: 0 19. First Reading Ordinance - 2018 Que Bueno Taco Festival Agreement Ordinance authorizing an agreement with Corpus Christi PATCH, Inc. to City of Corpus Christi Page 14 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 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. Mayor McComb referred to Item 19. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to execute an agreement with Corpus Christi PATCH, Inc.to allow the use of Artesian Park and the adjacent streets for the Que Bueno Taco Festival on September 15,2018. 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 Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Absent: 2- Council Member Hunter and Council Member Rubio Abstained: 0 20. 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. Item 20 was tabled at the start of the Consent Agenda. 21. 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. Mayor McComb referred to Item 21. City Attorney Miles K. Risley stated that the purpose of this item is to appropriate$500,000 from the Reserved Fund Balance in the Workers'Compensation Fund for payment of higher-than-actuarially calculated workers'compensation costs. There were no comments from the public. Council members and Risk Manager Gilbert Sanchez discussed the following topics: management of the claims by a third-party administrator,York Services; if York Services is incentivized to close-out claims; how payment is made to York Services; claims management; utilization review; and the balance of the Reserved Fund. City of Corpus Christi Page 15 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 Council Member Molina made a motion to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Absent: 2- Council Member Hunter and Council Member Rubio Abstained: 0 22. 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. Mayor McComb referred to Item 22.Assistant to the City Manager Esther Velazquez stated that the purpose of this item is to appropriate$550,000 from the Unreserved Fund Balance for modernization of elevators at the Selena Auditorium. 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 Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Absent: 2- Council Member Hunter and Council Member Rubio Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 23 - 32) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff had a planned presentation on Item 28. Council members requested information on Items 30 and 31. 23. Resolution for the Purchase and installation of Storage Cabinets for the Corpus Christi Museum of Science and History -Sole Source 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. This Resolution was recommended to the consent agenda. 24. Four-year Service Agreement for Emergency or Disaster City of Corpus Christi Page 16 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 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. This Motion was recommended to the consent agenda. 25. 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. This Resolution was recommended to the consent agenda. 26. 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. This Motion was recommended to the consent agenda. 27. 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 total contract price of$170,000. This Motion was recommended to the consent agenda. 28. 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. This Resolution was recommended to the consent agenda. City of Corpus Christi Page 17 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 29. 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. This Motion was recommended to the consent agenda. 30. 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. This Motion was recommended to the consent agenda. 31. Two-year Service Agreement for Storm Debris Removal Monitoring 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. This Motion was recommended to the consent agenda. 32. 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. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (NONE) R. EXECUTIVE SESSION: (ITEMS 33 - 34) Mayor McComb referred to Executive Session Items 33 and 34. The Council went into executive session at 5:53 p.m. The Council returned from executive session at 6:39 p.m. 33. Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to City of Corpus Christi Page 18 Printed on 7/19/2018 City Council Meeting Minutes July 17,2018 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, (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. This E-Session Item was discussed in executive session. 34. 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. This E-Session Item was discussed in executive session. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS None. T. ADJOURNMENT The meeting was adjourned at 6:41 p.m. City of Corpus Christi Page 19 Printed on 7/19/2018 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Workshop Session Monday,July 16,2018 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 7- Mayor Joe McComb, Council Member Michael Hunter, Council Member Debbie Lindsey-Opel, Council Member Ben Molina, Council Member Everett Roy, Council Member Greg Smith, and Council Member Rudy Garza Jr. Absent 2- Council Member Paulette Guajardo, and Council Member Lucy Rubio C. BRIEFINGS TO CITY COUNCIL: 1. 2018 Bond Election and FY 2019 Budget Mayor McComb referred to Item 1. Executive Director of Public Works Valerie Gray presented information on the following topics related to the street improvement plan: typical urban street layout; the condition of arterial, collector and local streets; Street Improvement Plan (SIP); policy; maintenance; arterial/collector and local/residential reconstruction; and funding sources for streets. Council members and staff discussed the following topics: the City's policy City of Corpus Christi Page 1 Printed on 7/19/2018 City Council Workshop Session Meeting Minutes July 16,2018 regarding larger street cuts; boring under streets;street cuts not being allowed if the street is less than five years old; previous monetary diversions from street repair and maintenance to fund public safety;funding for the Street Preventive Maintenance Program (SPMP); history of street funding; funding/decisions/policies of past city councils; differences between the repair and maintenance of state highways and residential streets; and driveway cuts. Executive Director Gray presented information on the following topics related to proposed Bond 2018: summary of 2018 proposed propositions; and that Proposition A is the only proposed proposition that does not require a property tax increase. Council members and staff discussed the following topics: the date the new utility rates became effective; the City's utility billing software conversion process; Hurricane Harvey-related impacts on the utility billing and collection process; proposed utility rate increases;the need for a conscise, easy-to-understand presentation on utility rates;ways to decrease the 1:1 street-to-utilities cost ratio;water line breaks due to the recent increase in water pressure; the use of asphalt versus concrete in the proposed Bond 2018 program and that street projects must be designed both ways in order to be bid both ways; evaluating the cost of concrete versus asphalt; and modifying Bond 2018 language from "concrete"or"asphalt"to "new pavement". Executive Director Gray presented key dates and the projected implementation schedule relating to proposed Bond 2018. Council members and staff discussed the following topics relating to proposed Bond 2018: funding the proposed Proposition E, relating to public facilities, from a source other than bonds;the need for a better City facilities maintenance program;the recent reallocation of personnel resources relating to facility maintenance; and Hurricane Harvey reimbursements. MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing the Interim City Manager as follows: when monies spent by the City related to Hurricane Harvey are reimbursed to the City by the Federal Emergency Management Agency(FEMA), those FEMA reimbursements are to be brought before the Council,to provide the Council with an opportunity to influence where those monies are spent, rather than the monies simply flowing back into the City, seconded by Council Member Garza and passed unanimously(Council Members Guajardo and Rubio -absent). MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing the Interim City Manager to eliminate the proposed Proposition E from Bond 2018 and identify another funding source(s)for the work that needs to be done on City Hall, seconded by Council Member Garza. Council members and staff discussed the following topics: the need to maintain the City's parks; restructuring of the Facilities Department; and completing work using in-house resources versus contracting outwork. The motion of direction passed unanimously(Council Members Guajardo and Rubio-absent). City of Corpus Christi Page 2 Printed on 7/19/2018 City Council Workshop Session Meeting Minutes July 16,2018 Council members and staff discussed the following topics: Park& Recreation-related monies in the proposed Bond 2018; use of Type B funds for the repair of arterials and collectors; leveraging Type B funds relating to the issuance of debt;that Proposition A addresses arterials and collectors; using Type B funds to fund repairs on Junior Beck Drive or Laguna Shores Road in lieu of using bond monies; using Type B monies on a spend-as-you-go basis versus issuing debt for certain street repairs;the amount of time the City will pay on debt;that Type B revenues come from sales tax; using Type B monies to offset debt;funding certificates of obligation with Type B monies; issuing certificates of obligation with half of Type B revenues and using the other half to support the issuance of bonds; reducing the dollar amount of the proposed Proposition A; using sales tax revenue, derived from both residents and non-residents of Corpus Christi,to repair streets versus property tax and utility rate revenues derived from residents of Corpus Christi;that the 2-2-2-cent voter-approved property tax increase for street repairs is included in the numbers in today's presentation;that the City is the second highest per capita in debt among large cities in Texas; and concerns about issuing more debt. Assistant City Manager Manager Sylvia Trevino presented information on the tax rate and the cumulative impact on tax/utility rates given various scenarios. Council members and staff discussed the following additional topics: which scenario provides the most monies for residential street repairs and has the least impact on residents'rates;the fund balance projected for FY17/18; that surplus in the debt rate allows for an increase in the maintenance and operations (M&O) portion and a decrease in the interest and sinking(I&S) portion of the property tax rate,thus decreasing the Debt Service fund balance, and that this would not be dependent on issuance of a Bond 2018; truth-in-taxation requirements; providing a summary of various proposals to Council;that the I&S rate is set each year to cover the then-current debt, not future debt; the need for a workshop regarding Bond 2018 relative to park operations; how Bond 2018 projects will be listed; and scheduling an additional workshop. D. ADJOURNMENT The meeting was adjourned at 11:33 a.m. City of Corpus Christi Page 3 Printed on 7/19/2018 City Of Corpus Christi CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION BOARD DETAILS MR SIZE 5 Seats The Corpus Christi Business and Job fn I Development Corporation is organized 107 TERM LENGTH 2 Years exclusively for the purpose of benefiting OVERVIEW TERM LIMIT 6 Yearsand accomplishing public purposes of, and to act on behalf of the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION The affairs of the Corporation shall be managed by a board of directors which F-�Ik shall be composed of five persons appointed by the City Council.The terms of the directors shall be two years,expiring on July 31st of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. DETAILS Each director must be a resident and qualified elector of the City. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Res. No. 024207,9-12-00; Res. No.024233,9-25-00. ............................................................................................................................................................................................................................................................................................................................. MEETS 3rd Monday of every month at 4:00 p.m., City Hall -Council Chambers. Meet a minimum of once a quarter. ............................................................................................................................................................................................................................................................... TERM DETAILS Two-year staggered terms. .............................................................................................................................................................................................................................................................................................................................. DEPARTMENT City Manager's Office _.............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Page 1 of 1 Corpus Christi Business and Job Development Corporation July 24,2018 Three(3)vacancies with terms to 7/31/20. Randy L Maldonado CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Seeking Reappointment Districts 1 07/31/18 Vice-President 90%9/30(3 exc.) Lee A.Trujillo CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Seeking Reappointment District Partial 07/31/18 Member 90%9/30(3 exc.) Bart Braselton CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Met Six-Year Term Limit District 3 07/31/18 President Gabriel Guerra CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 3 07/31/19 Member Scott M.Harris CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 1 1 07/31/19 Member Corpus Christi Business and Job Development Corporation Applicants July 24,2018 ..and Applying I. M _.==a •• � �E Joe Eli,ondo CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 5 HER 5411 Weber Rd Corpus Christi TX Yes Sylvia Ford CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 5 Self Corpus Christi TX Yes Mary Jane Garza CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 4 Texas A&M University-Corpus Christi 6300 Ocean Drive Unit 5741 Corpus Christi TX Yes Craig C Helmer- CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District I Habitat for Humanity Corpus Christi TX Yes David C Loeb CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 2 Self 3833 South Staples Suite S116 TX Yes Chad Magill" CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 2 Texas National Title Corpus Christi TX Yes John 1 Plotnik CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 4 Retired TX Yes Gordon R Robinson CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 4 Corpus Christi Regional Transportation Authority 602 N.Staples St. Corpus Christi TX Yes John B Ross VI CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District I Firebird Bulk Carriers,Inc. 1024 S.137 Access George West TX Yes ■ Diana Summers CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 4 Hogan Homes 400 Mann St. Corpus Christi TX Yes Robert Tame, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 5 Retired Corpus Christi TX Yes ■ Kristie Veit CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 5 AT&T/CWA 1210 S Staples Corpus Christi TX Yes 'Applied only for Corpus Christi Business and lob Development Corporation,multiple attempts were made to contact applicant to confirm interest for both corporations with no response "Will resign position on the Corpus Christi Regional Economic Development Corporation if appointed CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile Joe Elizondo 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 49 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone HEB Store Director Employer Job Title 5411 Weber Rd Work Address-Street Address and Suite Number Corpus Christi Work Address-City Joe Elizondo Page 1 of 5 Texas Work Address-State 78415 Work Address-Zip Code 3618541911 Work Phone elizondo.joe@yahoo.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Na Education, Professional and/or Community Activity (Present) College , Why are you interested in serving on a City board, commission or committee? I would like to do more in the community. Demographics Joe Elizondo 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 Joe Elizondo 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. Joe Elizondo Page 4 of 5 Board-specific questions (if applicable) Joe Elizondo Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Apr 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Sylvia Ford First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 57 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Public Speaker i mployer Job Title 3306 New Bedford Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Sylvia Ford Page 1 of 6 TX Work Address-State 78414 Work Address-Zip Code 361 5586082 Work Phone sford@stx.rr.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Current Education - Leadership/Management, Fundraising Crowd Funding Management Board Member - Leadership Corpus Christi Alumni, Corpus Christi Metro Ministries Why are you interested in serving on a City board, commission or committee? Servant-Leader. Natural willingness to apply my expertise, experiences and knowledge to enrich the lives of our community and ultimately create a more just and caring community with highest "quality of life" standards Sylvia A Ford Board Commision Resume..docx Upload a Resume Sylvia Ford Page 2 of 6 Demographics Gender P Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Sylvia Ford Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes ' No Sylvia Ford Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) tr Yes r- No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes ' No Sylvia Ford Page 5 of 6 Sylvia Ford Page 6 of 6 Sylvia A. Ford EXECUTIVE PROFILE Visionary professional with accomplished broad-based and progressive experience in Public Relations, Public Speaking, Administrative Management Business Development, Strategic Operating Strategies, Finance and Human Resources. Proven ability to work as a leader to integrate functions within the overall business goals. SKILL HIGHLIGHTS Market research and analysis *Possess ability to conduct market Business operations organization research/analysis to develop Innovative Product successful measurable Development/implementation programs/activities Effective public speaker *Concise strategic planner in business operations organization with innovative product development and implementation *Outstanding public speaker with clear Delivery of message to targeted audience CORE ACCOMPLISHMENTS Public Relations • Spearheaded many public speaking forums with targeted audience to develop and sustain the buy in of required parties to reach project success • Identified/produced partnerships that were most unlikely to identify their commonality for project goals Business Development/Project Management • Created/managed the roll out of new and innovative programs that benefited Corporate/City/County strategic goals • Instituted all functions related to programs to include budget dynamics Human Resources/Staff Development • Administered Human Resources regulatory requirements throughout corporate functions • Spearheaded new leadership program which increased retention • Mentored and coached employees resulting in a 42% increase in productivity and 99% in employee retention PROFESSIONAL EXPERIENCE Current Public Speaker Educational/Motivational Independent Consultant Responsible for development and directing launch of new programs using municipality grants related to economic development/housing/entrepreneurs. Strengthened municipality partner and community buy in base by 100%. Spearhead cross-functional initiative to achieve regulatory standard requirements. Director/Non-Profit Organization, Corpus Christi, TX Identified/negotiated new branch location in Corpus Christi and secured funding resources. Accountable for overall South Texas regional operations. Managed program/product implementation. Senior Management/Banking-Finance Industry, Corpus Christi, TX Public Relations, Finance, Audit/Compliance, Human Resources, Community Development Maintained all department operations related to OCC exams, budget, business development, public relations, community development. Developed and directed strategy for launch of new products that captured 90% of market share. Initiated/implemented new mortgage lending division in Corpus Christi region in partnership with City of Corpus Christi Affordable Housing program HUD grant. Maintained loan portfolio. Directed, supervised and coordinated work activities in Human Resources administration for subordinates/staff relating to employment, compensation, labor standards. Managed staff performance, audits, disputes, disciplinary action. Analyzed and modified compensation benefit policies and conducted human resources compliant investigations. Maintained standards/procedures and updated employee job descriptions. COMMUNITY INVOLVEMENT EXPERIENCE President Corpus Christi Community Development Corporation (5 terms) Committee City of Corpus Christi Type A Board/Business job Development Team HUD Affordable Housing Community Improvement Corporation Loan Review job Search/Interview Panels Housing/Economic Development Housing Authority Governor's Roundtable Housing/Economic Development HUD Advisory Committee Partnership Corpus Christi Regional Economic Development Corporation Board Christus Spohn - Houston TX Member Junior League of Corpus Christi, League of Women Voters, Leadership Corpus Christi Alumni EDUCATION Institute of Banking Certification Del Mar College CITY OF CORPUS CHRISTI Submit Date: Jul 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mary Jane Garza 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 r No born and raised, returned to _Corpus Christi 15 years ago If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texas A & M University-Corpus Interim Vice President of Christi Institutional Advancement Employer Job Title 6300 Ocean Drive Unit 5741 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mary Jane Garza Page 1 of 6 Tx Work Address-State 78412-5741 Work Address-Zip Code 361-825-6005 Work Phone maryjane.garza@tamucc.edu Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I do not currently serve on any City Board. commission or committee. Education, Professional and/or Community Activity (Present) B.S, M.S. Ed.D, members of the following boards: American heart Association, Boys & Girls Club of the Coastal Bend, Corpus Christi Symphony Board, Citizens for Educational Excellence, League of Women Voters, Del Mar College Foundation, Corpus Christi Diocese Bishop's Guild, Equestrian Order of the Holy Sepulchre of Jerusalem, South Texas Botanical Gardens, Texas A & M -CC President's Council, Texas A & M University-Kingsville President's Councill Why are you interested in serving on a City board, commission or committee? This will be a very important board that administers the proceeds of the Type B sales tax to fund economic development, affordable housing and most important street repair projects. I desire to be part of the important decision making process that awards the proceeds of the sale-tax funds. I am well informed and desire for our city to continue to move forward in economic development. Mary Jane Garza Page 2 of 6 Marx Jane_Garza_Resume Updated_I 31-2017.pdf 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 Mary Jane Garza 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 Mary Jane Garza 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) Mary Jane Garza Page 5 of 6 Mary Jane Garza Page 6 of 6 Mary Jane Garza,Ed.D EDUCATION Lamar University-Beaumont,Texas—Public School Administration- University of Houston Clear Lake—Clear Lake,Texas-Superintendent Certification- Texas Wesleyan University-Computer Science Program-Fall Texas A&I University-Corpus Christi-Mid-Management Certification Texas A&I University-Kingsville-Doctorate in Education/Bilingual Education- Texas A&I University-Kingsville-Masters in Science-Psychology/Guidance and Counseling Texas A&I University-Kingsville-Bachelors of Science-Elementary Education/Government CERTIFICATION • LIFE Superintendent Certification • LIFE Mid-Management Certification • LIFE Supervisor Certification • LIFE Counselor Certification • LIFE Elementary Certification • PROFESSIONAL EXPERIENCE • Interim Vice President Texas A&M University-Corpus Christi • Naval Air Station-Corpus Christi Navy School Liaison Officer • West Oso ISD–Assistant Superintendent • Jim Hogg County ISD-Interim Superintendent • Lyford CISD-Superintendent- • Galveston ISD–Asst.Supt.Curriculum-September • Brownsville ISD-Executive Director Special Programs- • Macmillan Publishing Company-Bilingual Reading Consultant • Texas Weslayan University-Department of Education-Office of Bilingual Education—Kellogg Fellow • Pan American University-Brownsville,Texas-(Leave of Absence-Department of Education) • Texas A&I University Kingsville,Texas-Graduate Assistant-Doctoral Fellow • Corpus Christi ISD-5th Grade Teacher and High School Counselor PROFESSIONAL BOARDS AND MEMBERSHIPS Military Child Coalition Lifetime Member ASCD Board Member TASCD Board Member Board member TASB-Worker's Compensation Board TEA Commissioner's Cabinet Council Texas Association of School Administrators International Reading Association Texas Reading Association-Texas Association of Bilingual Education National Association of Bilingual Education COMMUNITY ORGANIZATIONS South Texas Botanical Garden and Nature Center-Trustee and Fundraising Co-Chair Instituto Cultural Hispanico de Corpus Christi-2005-President League of Women Voters-Corpus Christi-2009-President Citizens for Educational Excellence-2010-Present-(Past President) Corpus Christi Symphony Orchestra-2014-Present Bishop's Guild-2005–Present Equestrian Order of the Holy Sepulcher of Jeruslem-2014-Present(by invitation only) Coastal Bend American Red Cross-2005 to 2013(Past President) South Texas Art Museum of South Texas Trustee-2003 to present Communications Chair/Secretary/Executive Board Symphony Guild Member–2005-present Del Mar Foundation Board–2009-present YWCA Advocacy Committee-2012-2013 Corpus Christi Library Board–2008-2013 Texas A&M–Corpus Christi President's Council-2006-present Texas A&M-Kingsville President's Council–2012-present Art Center of Corpus Christi Trustee-2012 to 2014 Commission on Children and Youth 2004-2009 Corpus Christi Health Advisory Committee 2005-2009 Drop-Out Summit City Planning Committee-2008-2009 Hispanic Women's Network-Corpus Christi-Past Chair Hispanic Women's Network-State of Texas-Chair HUD's Empowerment Zone Council Member and Vice Chair-1994-1998 HONORS/AWARDS Most Beautiful Woman-Inside and Out-Bend Magazine 2015 YWCA-Y Women in Careers 2013 Department of the Navy–Senior Civilian of the Quarter-Second Quarter year 2012 Texas A&M University Reading Council-Literacy Award 2012 Del Mar College Distinguished Former Student Del Mar College Wall of Honor 2012 2012 Trailblazer Award–Outstanding Achievement and Community Service LULAC#1 Outstanding Community Leader 2012 Hispanic Women's Network"La Estrella Award"-October 2012 HWNT Distinguished Service Award Exemplary Educator Award-Texas A&M University-Corpus Christi-College of Education Leadership America Award 2012 Texas Leadership Award-2011 Outstanding Kellogg Fellow–United States Department of Education Outstanding Rio Grande Bilingual Educator Hispanic Women's Network-Corpus Christi Chapter--2008 Star Recipient Texas A&M University Department of Education—Distinguished Doctoral Graduate Teaching Fellow Texas A&I University Outstanding Doctoral Student KEYNOTE PRESENTATIONS Approximately over 500 workshops Approximately 150 major keynotes Approximately 10 major speeches internationally REFERENCES Published Author Experienced Grant writer Curriculum Frameworks Developer 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 COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? r Yes r^ No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes r= No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD 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 Craig C. Hebner Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015— Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review projects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study job specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction projects • Prepare and submit budget estimates and progress /cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out 0 Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 —January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel,job site equipment, and materials needed • Prior to arrival on j ob site, prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel, material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids Lead Engineer 2009-2012 Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well-bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Tetra Mud School Combat Lifesavers Course Tetra Well Control School Combat Controller Fluid Engineer School Basic EMT Course Defensive Driving Range Safety Officer Plant Operations Course Heavy Equipment Operators Course PEC SafeGulf School of Infantry PEC SafeLand Marine Corps Leadership School Offshore Safety Certification Flight Deck Safety Course IADC Global Leadership Course Crane & Riggers Course Forklift Certification Offshore Safety Certification Rig Pass HSE Safety A.R.C. CPR and First Aid Certification CUDD Firefighting School CUDD Well Control School H2S Certification References Available Upon Request CITY OF CORPUS CHRISTI Submit Date: Jun 21, 2018 Application for a City Board, Commission, Committee or Corporation Profile David C Loeb 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 37 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self President i mployer Job Title 3833 South Staples Suite S116 Work Address-Street Address and Suite Number Texas Work Address-State David C Loeb Page 1 of 5 78404 Work Address-Zip Code 361-857-8991 Work Phone dloeb@landlord-resources.com Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI BUSINESS AND JOB 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 but in the past, Planning Commission, Board of Adjustment, Sister Cities as well as a half dozen ad hoc boards Education, Professional and/or Community Activity (Present) Double BA in Government and Economics, Graduate of CCISD, Ray High School, Baker, Windsor Park I own and actively manage a 360,000 square foot commercial real estate portfolio in Corpus Christi for a living. I serve on the board of HELP which takes kids to see jobs in our community they can get and earn a good living doing with locally available education. Why are you interested in serving on a City board, commission or committee? I would like to get back involved in running our city. 4a/b boards cover some of my areas of interest and ability. Streets, housing, education, and economic development. On those boards specifically I see a need for a member who is experienced from a council point of view and can ensure that we pass along wins for the Council to approve, not embarrassments. ResumeLoeb.doc Upload a Resume David C Loeb 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 David C Loeb 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. None David C Loeb Page 4 of 5 Board-specific questions (if applicable) David C Loeb Page 5 of 5 Resume for David C. Loeb: Education: • W.B. Ray High School, Class of 1999 • Skidmore College, Saratoga Springs, NY—B.A. 2003 - Double major in Economics and Government, Magna Cum Laude — Periclean and Pi Sigma Alpha (Government) honor societies. Professional Experience: • LandLord Resources, LLC. President and Owner Landlord Resources owns and operates over 350,000 square feet of commercial real estate in Corpus Christi. Community Service: • Founding Chairman —Bay Area Smart Growth Initiative • Founding Member— Destination Bayfront Organizing Committee • Board Member—Jewish Community Center and School • Board Member— Leadership Corpus Christi • Volunteer—Uptown Neighborhood Initiative • Board Member— Combined Jewish Appeal of Corpus Christi • Participant—Bold Future Well Planned Region Subgroup 2008 Government Experience: • Zoning Board of Adjustment: 2004-2007; Vice Chair, 2006-2007 • Planning Commission —2007-2009 (Master Plans, Capital Improvement Plan and Budget, 2008 Bond package) • Downtown Management District Board: Chairman, 2009-2011; Search Committee Chair 2009, Public Safety Chair 2010. • Patrol Reorganization Committee for Corpus Christi Police Department, 2009 • City of Corpus Christi Brownfields Initiative — Co Chair 2009-2011 • City Transportation Plan Update, 2010 • RTA Water Taxi Roundtable, 2010 • Unified Development Code Sign Focus Group, Vice Chair 2008-2011 • City Wind Power Ordinance Committee, 2009 • Cottage District Zoning Ordinance, 2010 • Corpus Christi City Council,At-Large Member, 2011-2015 • City Council Municipal Court Committee, 2011-2015, Chair 2012-2015 CITY OF CORPUS CHRISTI Submit Date: Jun 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Chad Magill 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 14+ If yes,how many years? Primary Phone Alternate Phone Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State chad.magill@stewart.com Work E-mail address Chad Magill Page 1 of 5 Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Appointed PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: 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 serve on any other Board or Commission for the City of Corpus Christi at this time. The Primary Board/Commission I am applying for is the Port of Corpus Christi. Education, Professional and/or Community Activity (Present) Please see the attached 1-Pager I put together for you, in PDF format. Why are you interested in serving on a City board, commission or committee? Chad Magill Resume.pdf Upload a Resume Demographics Gender W Male Verification Chad Magill 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 Chad Magill Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r- No Does your employer or your spouse's employer have a City contract? rYes rNo Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r^ No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Chad Magill Page 4 of 5 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes 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 Chad Magill Page 5 of 5 Chad Magill Council members,Thank You for taking time to read our applications. I put this 1-pager together for you to respect your time: Current Community Commitments: 0 have the time available to serve 100%1 Corpus Christi Regional Economic Development Corporation(City Appointee)- *** (Willing to resign if appointed by you to serve on Type A/B Boards) Big Brothers Big Sisters of South Texas, current Board of Directors,Chairman 2011-2012 Recent Community Commitments: Corpus Christi City Council: 2012-2014 District 2,At Large 2014-2016 Corpus Christi City Council Audit Committee, 2012-2016,&Chairman 2016 Corpus Christi Hispanic Chamber of Commerce, Board of Directors,Treasurer 2008,& the very First Elected Anglo Chairman 2009,then unanimously re-elected in 2010. Texas Association of Mexican American Chambers of Commerce(TAMACC): Executive Board of Directors,First elected Anglo Executive Member in 35 year organization history Westside Business Association,Board of Directors,Finance/Member Committee Chairman Goodwill Industries of South Texas,current Board of Directors,Committees Chairman 2010-2015 Corpus Christi Housing Finance Corporation,President of the Board of Directors Corpus Christi Industrial Development Corporation,Board of Directors Coastal Bend Health Facilities Development Corporation,Board of Directors Coastal Bend Cultural Education Facilities Finance Corporation,Board of Directors North Padre Island Development Corporation, Board of Directors Corpus Christi Community Improvement Corporation, Board of Directors Reinvestment Zone No.2&3 Boards,Board of Directors Corpus Christi International Airport Advisory Board,Board of Directors Habitat for Humanity-Event Co-Chairman Major Fundraiser for 2014 with Larry Gatlin Beautify Corpus Christi - Board of Directors Leadership Corpus Christi-Class 34 City of Corpus Christi Citizen's University-Class 1 And many more...just ask. And lastly I am very proud to have been named by the Corpus Christi Caller Times Reader's Choice: • Best of the Best Reader's Choice:Community Advocate of the Year 2015 • Best of the Best Reader's Choice:Community Advocate of the Year 2016 • Best of the Best Reader's Choice:Community Advocate of the Year 2017 1 hope to have earned your support. Respectfully submitted, Chad Magill CITY OF CORPUS CHRISTI Submit Date: May 03, 2018 Application for a City Board, Commission, Committee or Corporation Profile John J Plotnik 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 10 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Home address Work Address-Street Address and Suite Number Home email Work E-mail address John J Plotnik Page 1 of 5 Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Economic development. Served as the executive vice president for CCREDC for a total of ten years. Brought in nearly 30 Billion on new investments to our region. Only person in the United States to hold active certifications as an SIOR and CED. Education, Professional and/or Community Activity (Present) Google my name for my Bio. Feel free to contact our mayor and local leadership regarding my information Why are you interested in serving on a City board, commission or committee? To offer my experiences to our community. Demographics Gender W Male Verification John J Plotnik 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 John J Plotnik 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. none Board-specific questions (if applicable) John J Plotnik Page 4 of 5 John J Plotnik Page 5 of 5 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? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted 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 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile John B Ross VI 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 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Firebird Bulk Carriers, Inc. Oilfield Driver ,,,,oyer Job Title 1024 S. 137 Access Work Address-Street Address and Suite Number George West Work Address-City John B Ross VI Page 1 of 5 Texas Work Address-State 78022 Work Address-Zip Code 747-333-6749 Work Phone johnrossvi@gmail.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B 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) Education: BBA in Management . Professional: Experienced with interstate commerce to/from Corpus Christi . Community: Landlord . Why are you interested in serving on a City board, commission or committee? This particular board, CC B-Corp., interests me. For years I've experienced roadways that need improvement. I believe it can be done without going bankrupt. There is a right way to steer tax-resources for economic development. This unique approach will turn a profit & minimize wastefulness. Affordable housing shouldn't be perceived as an eyesore, but something valued by their occupant(s). Peak dwelling condition should be maintained from move-in through move-out. Recent events may provide more workers requiring local housing & that, in turn, will increase tax-revenue. The time to act is now & get ahead of the curve; a plan in place will always prevail plans made to re-gain lost ground. John B Ross VI 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 John B Ross VI 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? r Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- 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. Depending on customer demand at work, an occasional absence may be required. I intend to give as much notice as possible. John B Ross VI Page 4 of 5 Board-specific questions (if applicable) John B Ross VI Page 5 of 5 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 B CORPORATION: Submitted 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 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:appa Honors Society President(2009) Mortar Bmrd 1-lonors Society Treasurer(2008) CITY OF CORPUS CHRISTI Submit Date: Jul 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile Robert Tamez 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 53 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Work Address-Street Address and Suite Number Work E-mail address Robert Tamez Page 1 of 5 Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B 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) Edinburg High School Del Mar Petroleum Refinery Certification (140 College Hrs.) School of Hydrocarbons (40Hrs) Why are you interested in serving on a City board, commission or committee? Tamez BioUpdate 12-8-16.rtf Upload a Resume Demographics Gender W Male Verification Robert Tamez 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 Tamez Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r- No Does your employer or your spouse's employer have a City contract? rYes rNo Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r^ No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Robert Tamez Page 4 of 5 Robert Tamez Page 5 of 5 Robert Tamez Biographical Information Data December 8, 2016 Name: Robert Tamez Home Address: Phone: Employer: LNV, Inc. (June 1, 2011) 5 years (Resigned) Retired from CITGO Petroleum & Chemical (27yrs) U.S.Army (Honorable Discharged) 1971 Years in Corpus Christi 53yrs. Education: Edinburg High School, Edinburg, Texas Del Mar College Apprentice Four Year Training on Petroleum Refinery Industry (144 College Hours) School of Hydrocarbons, Oklahoma University (40hrs.) Professional and Community Involvement: Board of Director: Nueces County Civil Service Commission (Chair)(12yrs) Corpus Christi Mustangs Club Current Member: Nueces County Civil Service (12 yrs.) Corpus Christi Mustangs Club (3 yrs.) Past Member: Hispanic Chamber of Commerce Corpus Christi Chamber of Commerce Westside Business Assoc. Texas Sports Assoc. of Officials (Basketball) 42yrs. (Retired) Asst. Director (UIL RegionIV-3A) 6yrs. Formerly Board of Director wh E1 Soccorro Ronald McDonald Fundraiser (18yrs) Corpus Christi Convention Visitors and Bureau Assoc.(9yrs) Hispanic Chamber of Commerce (5yrs.) Corpus Christi City Parks & Recreation (3yrs.) Ronald McDonald House (5yrs.) Nueces Rural Rail Transportation District (5yrs) American Red Cross (4yrs.) Gonzalez Foundation Education & Recreation Center(3yrs) Nueces Co.Appraisal Review Board(4yrs) Corpus Christi Business and Job Development Corporation (Type A Board) (6yrs.) Corpus Christi Convention Visitors and Bureau Assoc. (10yrs) E1 Soccorro Ronald McDonald Fundraiser (18yrs) Involvement with MDA and United Way for the past 14 yrs. CITY OF CORPUS CHRISTI Submit Date: May 14, 2018 Application for a City Board, Commission, Committee or Corporation Profile Kristie Veit 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 41 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone AT&T/ CWA President CWA 6137 Employer Job Title 1210 S Staples Work Address-Street Address and Suite Number Corpus Christi Work Address-City Kristie Veit Page 1 of 5 Texas Work Address-State 78404 Work Address-Zip Code 361-883-6137 Work Phone kvcwa6l37@swbell.net Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI BUSINESS AND JOB 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) Some college, currently employed by AT&T, as well as Communications Workers of America, Local 6137 Why are you interested in serving on a City board, commission or committee? Looking to expand job growth and even more importantly, job security in Corpus Christi Kristie Veit Bio CCU40.docx Upload a Resume Demographics Kristie Veit 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 Kristie Veit 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. answered no to call questions Kristie Veit Page 4 of 5 Board-specific questions (if applicable) Kristie Veit Page 5 of 5 Kristie Moeller Veit is the President of Communications Workers of America-Local 6137, President of the Coastal Bend Labor Council, and area Vice President for the Texas AFL-CIO. Kristie Moeller Veit joined CWA 6137 in 1999 when hired on with Southwestern Bell (now AT&T) and immediately became an activist in her union. She became a job steward in 2001, then in 2004 was elected by the membership as Secretary-Treasurer. In 2011 she was elected President and re-elected in 2014. While serving the labor movement in the early years, CWA assigned her to be a delegate to the Coastal Bend Labor Council, where she served on the scholarship committee, and as Political and Legislative chair from 2003-2011. She was elected as Vice President of the CBLC in 2012, then elected President of the CBLC in June 2015. Because of her commitment to working families, in 2013 she was elected to the statewide organization, Texas AFL-CIO, as an Executive Board member, and re-elected 2015, while also elected to serve the Texas AFL-CIO as a Board Trustee. She has participated in and organized job actions across Texas for workers' rights, human ' rights and Buy American projects. Additionally, together with the CWA Womens Committee, support the back to school supplies program for the children at South Texas Womens' Shelter. Kristie is proud to call CWA members her family. She is married to Brian Veit, they have two daughters Taylor and Taryn. City Of Corpus Christi CORPUS CHRISTI B CORPORATION BOARD DETAILS The Corpus Christi B Corporation administers SIZE in the proceeds of the Type B sales tax, initiated 107 TERM LENGTH 2 Years in 2018, with the use of the proceeds for: (1) OVERVIEW TERM LIMIT 6 Years 50% for economic development, specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; (2) up to $500,000 annually on affordable housing; and (3) the balance of proceeds to be used for construction, maintenance and repair of arterial and collector streets and roads. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION The Board of Directors of the Corporation consists of seven (7)directors appointec F-Elk by the City Council.Three directors must be persons who are not employees, officers or members of the City Council of the City of Corpus Christi. Each director must be at least 18 years of age,a resident and qualified elector of the City. Directors may be appointed to succeed themselves.The term of four of the initial DETAILS members of the board of directors shall expire July 31,2018 and the term of the remaining three members shall expire July 31,2019.The terms of the directors shall be two-years,expiring on July 31 of each year. No director may serve longer than six years consecutively, unless such service is required to complete an unexpired term.The Board of Directors shall appoint a president,vice-president and secretary,the terms of each expiring on July 31 of each year. Directors may also serve as Directors for the Corpus Christi Business and Job Development Corporation (CCBJDC).If a Director serves on both the Corporation's board and the CCBJDC's board,the expiration of the Director's term on the Corporation's board shall coincide with the expiration of his/her term on the board of the CCBJDC.The City Council will appoint a City Council Member as a Liaison whose term on the Corporation is coterminous with his/her term on City Council. ............................................................................................................................................................................................................ CREATION/AUTHORITY Resolution TBD; Development Corporation Act of 1979;Texas Local Government Code,Chapters 501-505. ............................................................................................................................................................................................................................................................................................................................... MEETS 3rd Monday of every month at 3:00 p.m., City Hall -Council Chambers. Meets a minimum of once a quarter. ...................................................................................................................................................................................................................................... TERM DETAILS Two-year staggered terms. ...:........................................................................................................................................................................................................................................................................................................................... DEPARTMENT City Manager's Office CORPUS CHRISTI B CORPORATION Page 1 of 2 OTHER INFORMATION CORPUS CHRISTI B CORPORATION Page 2 of 2 Corpus Christi B Corporation July 24,2018 Four(4)vacancies with terms to 7/31/20. Randy L.Maldonado CORPUS CHRISTI B CORPORATION Seeking Reappointment District 5 1 07/31/18 Vice-President 75%3/4(1 exc.) Leah Pagan Olivarri CORPUS CHRISTI B CORPORATION Seeking Reappointment District 4 Partial 07/31/18 Member 100%4/4 Lee A.Trujillo CORPUS CHRISTI B CORPORATION Seeking Reappointment District 3 1 07/31/18 Member 75%3/4(1 exc.) Bart Braselton CORPUS CHRISTI B CORPORATION Met Six-Year Term Limit District 5 1 07/31/18 President Gabriel Guerra CORPUS CHRISTI B CORPORATION Active District 5 1 07/31/19 Member Scott M Harris CORPUS CHRISTI B CORPORATION Active District 1 1 07/31/19 Member John Valls CORPUS CHRISTI B CORPORATION Active District 5 Partial 07/31/19 Member Michael T.Hunter CORPUS CHRISTI B CORPORATION Active 1 12/13/18 City Council Liaison Corpus Christi B Corporation Applicants July 24,2018 Board Applying For Work Address Joe Elizondo CORPUS CHRISTI B CORPORATION District 5 HEB 5411 Weber Rd Corpus Christi Yes Sylvia Ford CORPUS CHRISTI B CORPORATION District 5 Self Corpus Christi TX Yes Mary lane Garza CORPUS CHRISTI B CORPORATION District 4 Texas A&M University-Corpus Christi 6300 Ocean Drive Unit 5741 Corpus Christi TX Yes David C Loeb CORPUS CHRISTI B CORPORATION District 2 Self 3833 South Staples Suite 5116 Corpus Christi TX Yes Chad Magill* CORPUS CHRISTI B CORPORATION District 2 Texas National Title Corpus Christi TX Yes John J Plotnik CORPUS CHRISTI B CORPORATION District 4 Retired TX Yes Gordon R Robinson CORPUS CHRISTI B CORPORATION District 4 Corpus Christi Regional Transportation Authority 602 N.Staples St. Corpus Christi TX Yes Maria G.Rodriguez** CORPUS CHRISTI B CORPORATION District 1 Frost Bank 4215 S.Staples St. Corpus Christi TX Yes John B Ross VI CORPUS CHRISTI B CORPORATION District 1 Firebird Bulk Carriers,Inc. 1024 S.137 Access George West TX Yes Diana Summers CORPUS CHRISTI B CORPORATION District 4 Hogan Homes 400 Mann St. Corpus Christi TX Yes Robert Tamez CORPUS CHRISTI B CORPORATION District 5 Retired TX Yes Kristie Veit CORPUS CHRISTI B CORPORATION District 5 AT&T/CWA 1210 S Staples Corpus Christi TX Yes *Will resign position on the Corpus Christi Regional Economic Development Corporation if appointed **Applied only for Corpus Christi B Corporation,multiple attempts were madeto contact applicant to confirm interest for both corporations with no response CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile Joe Elizondo 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 49 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone HEB Store Director Employer Job Title 5411 Weber Rd Work Address-Street Address and Suite Number Corpus Christi Work Address-City Joe Elizondo Page 1 of 5 Texas Work Address-State 78415 Work Address-Zip Code 3618541911 Work Phone elizondo.joe@yahoo.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Na Education, Professional and/or Community Activity (Present) College , Why are you interested in serving on a City board, commission or committee? I would like to do more in the community. Demographics Joe Elizondo 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 Joe Elizondo 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. Joe Elizondo Page 4 of 5 Board-specific questions (if applicable) Joe Elizondo Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Apr 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Sylvia Ford First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 57 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Public Speaker i mployer Job Title 3306 New Bedford Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Sylvia Ford Page 1 of 6 TX Work Address-State 78414 Work Address-Zip Code 361 5586082 Work Phone sford@stx.rr.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Current Education - Leadership/Management, Fundraising Crowd Funding Management Board Member - Leadership Corpus Christi Alumni, Corpus Christi Metro Ministries Why are you interested in serving on a City board, commission or committee? Servant-Leader. Natural willingness to apply my expertise, experiences and knowledge to enrich the lives of our community and ultimately create a more just and caring community with highest "quality of life" standards Sylvia A Ford Board Commision Resume..docx Upload a Resume Sylvia Ford Page 2 of 6 Demographics Gender P Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Sylvia Ford Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes ' No Sylvia Ford Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) tr Yes r- No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes ' No Sylvia Ford Page 5 of 6 Sylvia Ford Page 6 of 6 Sylvia A. Ford EXECUTIVE PROFILE Visionary professional with accomplished broad-based and progressive experience in Public Relations, Public Speaking, Administrative Management Business Development, Strategic Operating Strategies, Finance and Human Resources. Proven ability to work as a leader to integrate functions within the overall business goals. SKILL HIGHLIGHTS Market research and analysis *Possess ability to conduct market Business operations organization research/analysis to develop Innovative Product successful measurable Development/implementation programs/activities Effective public speaker *Concise strategic planner in business operations organization with innovative product development and implementation *Outstanding public speaker with clear Delivery of message to targeted audience CORE ACCOMPLISHMENTS Public Relations • Spearheaded many public speaking forums with targeted audience to develop and sustain the buy in of required parties to reach project success • Identified/produced partnerships that were most unlikely to identify their commonality for project goals Business Development/Project Management • Created/managed the roll out of new and innovative programs that benefited Corporate/City/County strategic goals • Instituted all functions related to programs to include budget dynamics Human Resources/Staff Development • Administered Human Resources regulatory requirements throughout corporate functions • Spearheaded new leadership program which increased retention • Mentored and coached employees resulting in a 42% increase in productivity and 99% in employee retention PROFESSIONAL EXPERIENCE Current Public Speaker Educational/Motivational Independent Consultant Responsible for development and directing launch of new programs using municipality grants related to economic development/housing/entrepreneurs. Strengthened municipality partner and community buy in base by 100%. Spearhead cross-functional initiative to achieve regulatory standard requirements. Director/Non-Profit Organization, Corpus Christi, TX Identified/negotiated new branch location in Corpus Christi and secured funding resources. Accountable for overall South Texas regional operations. Managed program/product implementation. Senior Management/Banking-Finance Industry, Corpus Christi, TX Public Relations, Finance, Audit/Compliance, Human Resources, Community Development Maintained all department operations related to OCC exams, budget, business development, public relations, community development. Developed and directed strategy for launch of new products that captured 90% of market share. Initiated/implemented new mortgage lending division in Corpus Christi region in partnership with City of Corpus Christi Affordable Housing program HUD grant. Maintained loan portfolio. Directed, supervised and coordinated work activities in Human Resources administration for subordinates/staff relating to employment, compensation, labor standards. Managed staff performance, audits, disputes, disciplinary action. Analyzed and modified compensation benefit policies and conducted human resources compliant investigations. Maintained standards/procedures and updated employee job descriptions. COMMUNITY INVOLVEMENT EXPERIENCE President Corpus Christi Community Development Corporation (5 terms) Committee City of Corpus Christi Type A Board/Business job Development Team HUD Affordable Housing Community Improvement Corporation Loan Review job Search/Interview Panels Housing/Economic Development Housing Authority Governor's Roundtable Housing/Economic Development HUD Advisory Committee Partnership Corpus Christi Regional Economic Development Corporation Board Christus Spohn - Houston TX Member Junior League of Corpus Christi, League of Women Voters, Leadership Corpus Christi Alumni EDUCATION Institute of Banking Certification Del Mar College CITY OF CORPUS CHRISTI Submit Date: Jul 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mary Jane Garza 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 r No born and raised, returned to _Corpus Christi 15 years ago If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texas A & M University-Corpus Interim Vice President of Christi Institutional Advancement Employer Job Title 6300 Ocean Drive Unit 5741 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mary Jane Garza Page 1 of 6 Tx Work Address-State 78412-5741 Work Address-Zip Code 361-825-6005 Work Phone maryjane.garza@tamucc.edu Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I do not currently serve on any City Board. commission or committee. Education, Professional and/or Community Activity (Present) B.S, M.S. Ed.D, members of the following boards: American heart Association, Boys & Girls Club of the Coastal Bend, Corpus Christi Symphony Board, Citizens for Educational Excellence, League of Women Voters, Del Mar College Foundation, Corpus Christi Diocese Bishop's Guild, Equestrian Order of the Holy Sepulchre of Jerusalem, South Texas Botanical Gardens, Texas A & M -CC President's Council, Texas A & M University-Kingsville President's Councill Why are you interested in serving on a City board, commission or committee? This will be a very important board that administers the proceeds of the Type B sales tax to fund economic development, affordable housing and most important street repair projects. I desire to be part of the important decision making process that awards the proceeds of the sale-tax funds. I am well informed and desire for our city to continue to move forward in economic development. Mary Jane Garza Page 2 of 6 Marx Jane_Garza_Resume Updated_I 31-2017.pdf 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 Mary Jane Garza 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 Mary Jane Garza 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) Mary Jane Garza Page 5 of 6 Mary Jane Garza Page 6 of 6 Mary Jane Garza,Ed.D EDUCATION Lamar University-Beaumont,Texas—Public School Administration- University of Houston Clear Lake—Clear Lake,Texas-Superintendent Certification- Texas Wesleyan University-Computer Science Program-Fall Texas A&I University-Corpus Christi-Mid-Management Certification Texas A&I University-Kingsville-Doctorate in Education/Bilingual Education- Texas A&I University-Kingsville-Masters in Science-Psychology/Guidance and Counseling Texas A&I University-Kingsville-Bachelors of Science-Elementary Education/Government CERTIFICATION • LIFE Superintendent Certification • LIFE Mid-Management Certification • LIFE Supervisor Certification • LIFE Counselor Certification • LIFE Elementary Certification • PROFESSIONAL EXPERIENCE • Interim Vice President Texas A&M University-Corpus Christi • Naval Air Station-Corpus Christi Navy School Liaison Officer • West Oso ISD–Assistant Superintendent • Jim Hogg County ISD-Interim Superintendent • Lyford CISD-Superintendent- • Galveston ISD–Asst.Supt.Curriculum-September • Brownsville ISD-Executive Director Special Programs- • Macmillan Publishing Company-Bilingual Reading Consultant • Texas Weslayan University-Department of Education-Office of Bilingual Education—Kellogg Fellow • Pan American University-Brownsville,Texas-(Leave of Absence-Department of Education) • Texas A&I University Kingsville,Texas-Graduate Assistant-Doctoral Fellow • Corpus Christi ISD-5th Grade Teacher and High School Counselor PROFESSIONAL BOARDS AND MEMBERSHIPS Military Child Coalition Lifetime Member ASCD Board Member TASCD Board Member Board member TASB-Worker's Compensation Board TEA Commissioner's Cabinet Council Texas Association of School Administrators International Reading Association Texas Reading Association-Texas Association of Bilingual Education National Association of Bilingual Education COMMUNITY ORGANIZATIONS South Texas Botanical Garden and Nature Center-Trustee and Fundraising Co-Chair Instituto Cultural Hispanico de Corpus Christi-2005-President League of Women Voters-Corpus Christi-2009-President Citizens for Educational Excellence-2010-Present-(Past President) Corpus Christi Symphony Orchestra-2014-Present Bishop's Guild-2005–Present Equestrian Order of the Holy Sepulcher of Jeruslem-2014-Present(by invitation only) Coastal Bend American Red Cross-2005 to 2013(Past President) South Texas Art Museum of South Texas Trustee-2003 to present Communications Chair/Secretary/Executive Board Symphony Guild Member–2005-present Del Mar Foundation Board–2009-present YWCA Advocacy Committee-2012-2013 Corpus Christi Library Board–2008-2013 Texas A&M–Corpus Christi President's Council-2006-present Texas A&M-Kingsville President's Council–2012-present Art Center of Corpus Christi Trustee-2012 to 2014 Commission on Children and Youth 2004-2009 Corpus Christi Health Advisory Committee 2005-2009 Drop-Out Summit City Planning Committee-2008-2009 Hispanic Women's Network-Corpus Christi-Past Chair Hispanic Women's Network-State of Texas-Chair HUD's Empowerment Zone Council Member and Vice Chair-1994-1998 HONORS/AWARDS Most Beautiful Woman-Inside and Out-Bend Magazine 2015 YWCA-Y Women in Careers 2013 Department of the Navy–Senior Civilian of the Quarter-Second Quarter year 2012 Texas A&M University Reading Council-Literacy Award 2012 Del Mar College Distinguished Former Student Del Mar College Wall of Honor 2012 2012 Trailblazer Award–Outstanding Achievement and Community Service LULAC#1 Outstanding Community Leader 2012 Hispanic Women's Network"La Estrella Award"-October 2012 HWNT Distinguished Service Award Exemplary Educator Award-Texas A&M University-Corpus Christi-College of Education Leadership America Award 2012 Texas Leadership Award-2011 Outstanding Kellogg Fellow–United States Department of Education Outstanding Rio Grande Bilingual Educator Hispanic Women's Network-Corpus Christi Chapter--2008 Star Recipient Texas A&M University Department of Education—Distinguished Doctoral Graduate Teaching Fellow Texas A&I University Outstanding Doctoral Student KEYNOTE PRESENTATIONS Approximately over 500 workshops Approximately 150 major keynotes Approximately 10 major speeches internationally REFERENCES Published Author Experienced Grant writer Curriculum Frameworks Developer CITY OF CORPUS CHRISTI Submit Date: Jun 21, 2018 Application for a City Board, Commission, Committee or Corporation Profile David C Loeb 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 37 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self President i mployer Job Title 3833 South Staples Suite S116 Work Address-Street Address and Suite Number Texas Work Address-State David C Loeb Page 1 of 5 78404 Work Address-Zip Code 361-857-8991 Work Phone dloeb@landlord-resources.com Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI BUSINESS AND JOB 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 but in the past, Planning Commission, Board of Adjustment, Sister Cities as well as a half dozen ad hoc boards Education, Professional and/or Community Activity (Present) Double BA in Government and Economics, Graduate of CCISD, Ray High School, Baker, Windsor Park I own and actively manage a 360,000 square foot commercial real estate portfolio in Corpus Christi for a living. I serve on the board of HELP which takes kids to see jobs in our community they can get and earn a good living doing with locally available education. Why are you interested in serving on a City board, commission or committee? I would like to get back involved in running our city. 4a/b boards cover some of my areas of interest and ability. Streets, housing, education, and economic development. On those boards specifically I see a need for a member who is experienced from a council point of view and can ensure that we pass along wins for the Council to approve, not embarrassments. ResumeLoeb.doc Upload a Resume David C Loeb 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 David C Loeb 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. None David C Loeb Page 4 of 5 Board-specific questions (if applicable) David C Loeb Page 5 of 5 Resume for David C. Loeb: Education: • W.B. Ray High School, Class of 1999 • Skidmore College, Saratoga Springs, NY—B.A. 2003 - Double major in Economics and Government, Magna Cum Laude — Periclean and Pi Sigma Alpha (Government) honor societies. Professional Experience: • LandLord Resources, LLC. President and Owner Landlord Resources owns and operates over 350,000 square feet of commercial real estate in Corpus Christi. Community Service: • Founding Chairman —Bay Area Smart Growth Initiative • Founding Member— Destination Bayfront Organizing Committee • Board Member—Jewish Community Center and School • Board Member— Leadership Corpus Christi • Volunteer—Uptown Neighborhood Initiative • Board Member— Combined Jewish Appeal of Corpus Christi • Participant—Bold Future Well Planned Region Subgroup 2008 Government Experience: • Zoning Board of Adjustment: 2004-2007; Vice Chair, 2006-2007 • Planning Commission —2007-2009 (Master Plans, Capital Improvement Plan and Budget, 2008 Bond package) • Downtown Management District Board: Chairman, 2009-2011; Search Committee Chair 2009, Public Safety Chair 2010. • Patrol Reorganization Committee for Corpus Christi Police Department, 2009 • City of Corpus Christi Brownfields Initiative — Co Chair 2009-2011 • City Transportation Plan Update, 2010 • RTA Water Taxi Roundtable, 2010 • Unified Development Code Sign Focus Group, Vice Chair 2008-2011 • City Wind Power Ordinance Committee, 2009 • Cottage District Zoning Ordinance, 2010 • Corpus Christi City Council,At-Large Member, 2011-2015 • City Council Municipal Court Committee, 2011-2015, Chair 2012-2015 CITY OF CORPUS CHRISTI Submit Date: Jun 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Chad Magill 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 14+ If yes,how many years? Primary Phone Alternate Phone Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State chad.magill@stewart.com Work E-mail address Chad Magill Page 1 of 5 Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Appointed PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: 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 serve on any other Board or Commission for the City of Corpus Christi at this time. The Primary Board/Commission I am applying for is the Port of Corpus Christi. Education, Professional and/or Community Activity (Present) Please see the attached 1-Pager I put together for you, in PDF format. Why are you interested in serving on a City board, commission or committee? Chad Magill Resume.pdf Upload a Resume Demographics Gender W Male Verification Chad Magill 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 Chad Magill Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r- No Does your employer or your spouse's employer have a City contract? rYes rNo Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r^ No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Chad Magill Page 4 of 5 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes 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 Chad Magill Page 5 of 5 Chad Magill Council members,Thank You for taking time to read our applications. I put this 1-pager together for you to respect your time: Current Community Commitments: 0 have the time available to serve 100%1 Corpus Christi Regional Economic Development Corporation(City Appointee)- *** (Willing to resign if appointed by you to serve on Type A/B Boards) Big Brothers Big Sisters of South Texas, current Board of Directors,Chairman 2011-2012 Recent Community Commitments: Corpus Christi City Council: 2012-2014 District 2,At Large 2014-2016 Corpus Christi City Council Audit Committee, 2012-2016,&Chairman 2016 Corpus Christi Hispanic Chamber of Commerce, Board of Directors,Treasurer 2008,& the very First Elected Anglo Chairman 2009,then unanimously re-elected in 2010. Texas Association of Mexican American Chambers of Commerce(TAMACC): Executive Board of Directors,First elected Anglo Executive Member in 35 year organization history Westside Business Association,Board of Directors,Finance/Member Committee Chairman Goodwill Industries of South Texas,current Board of Directors,Committees Chairman 2010-2015 Corpus Christi Housing Finance Corporation,President of the Board of Directors Corpus Christi Industrial Development Corporation,Board of Directors Coastal Bend Health Facilities Development Corporation,Board of Directors Coastal Bend Cultural Education Facilities Finance Corporation,Board of Directors North Padre Island Development Corporation, Board of Directors Corpus Christi Community Improvement Corporation, Board of Directors Reinvestment Zone No.2&3 Boards,Board of Directors Corpus Christi International Airport Advisory Board,Board of Directors Habitat for Humanity-Event Co-Chairman Major Fundraiser for 2014 with Larry Gatlin Beautify Corpus Christi - Board of Directors Leadership Corpus Christi-Class 34 City of Corpus Christi Citizen's University-Class 1 And many more...just ask. And lastly I am very proud to have been named by the Corpus Christi Caller Times Reader's Choice: • Best of the Best Reader's Choice:Community Advocate of the Year 2015 • Best of the Best Reader's Choice:Community Advocate of the Year 2016 • Best of the Best Reader's Choice:Community Advocate of the Year 2017 1 hope to have earned your support. Respectfully submitted, Chad Magill CITY OF CORPUS CHRISTI Submit Date: May 03, 2018 Application for a City Board, Commission, Committee or Corporation Profile John J Plotnik 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 10 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Home address Work Address-Street Address and Suite Number Home email Work E-mail address John J Plotnik Page 1 of 5 Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Economic development. Served as the executive vice president for CCREDC for a total of ten years. Brought in nearly 30 Billion on new investments to our region. Only person in the United States to hold active certifications as an SIOR and CED. Education, Professional and/or Community Activity (Present) Google my name for my Bio. Feel free to contact our mayor and local leadership regarding my information Why are you interested in serving on a City board, commission or committee? To offer my experiences to our community. Demographics Gender W Male Verification John J Plotnik 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 John J Plotnik 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. none Board-specific questions (if applicable) John J Plotnik Page 4 of 5 John J Plotnik Page 5 of 5 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? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted 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: Sep 18, 2017 Application for a City Board, Commission, Committee or Corporation Profile Maria G. Rodriguez 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 22 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone CUSTOMER SERVICE FROST BANK REPRESENTATIVE Employer Job Title 4215 S. STAPLES ST. Work Address-Street Address and Suite Number CORPUS CHRISTI Work Address-City Maria G. Rodriguez Page 1 of 5 TX Work Address-State 78411 Work Address-Zip Code mrodriguez1665@a gmail.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes, Human Relation Comission Education, Professional and/or Community Activity (Present) GRADUATE OF COLLEGIATE HIGH SCHOOL 2013, COMMITTEE WORK FOR CORPUS CHRISTI 7 DAY FILM FESTIVAL, ASSISTING MARTIN MIDDLE SCHOOL CHOIR TEACHER WITH CONCERT PREPARATION AND ORGANIZATION, Corpus Christi PIO Intern, Currently a student of the University of Houston - Victoria. Why are you interested in serving on a City board, commission or committee? I would like to be involved within a board to further assist me with my end-goal career. Focusing more on the financial aspects or the city would assist me by providing a well rounded communication and financial education. Resume 2017.pdf Please upload any additional supporting documents. Demographics Maria G. Rodriguez Page 2 of 5 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. fJ 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 Maria G. Rodriguez 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 Maria G. Rodriguez Page 4 of 5 Board-specific questions (if applicable) Maria G. Rodriguez Page 5 of 5 Maria G.Rodriguez mom Creative individual who is passionate about implementing team driven solutions to everyday and emergency situa- tions. ituations.Looking to further strengthen customer service skills,continue to be civic minded,and improve the communi- ties I am involved in. Education: '17- University of Houston-Victoria,Victoria,Texas Currently attending-expected graduation date Winter 2018 '09-13 Del Mar College,Corpus Christi,Texas College Hours Earned-40 credit hours '09-13 Collegiate High School,Corpus Christi,Texas Distinguished Graduate Experience: • Ironwood Finance-Lending Officer • Completes high volume outbound calls to potential clients,works towards daily,weekly,and month- ly onthly sales goals,assists with the training of new hires,has team of agents and works to ensure they meet their goals.Currently in training to be Lead Lending Officer. • Corpus Christi Metro Ministries-Residential Supervisor • Monitor residents to ensure their safety as well as ensuring that rules are being followed. Screen pos- sible new intakes,run background checks on all possible residents,and ensure that the shift I am assigned too runs smoothly and effectively as possible. • Frost Bank-Customer Service Specialist • Worked in a call center environment taking calls with the intentions of servicing customers with any issue that they may have.Assisted customers with their accounts such as checking,savings,CDs, IRAs,and loans.Also provided new account information to prospective customers such as products, their terms and conditions as well as rates.Provided assistance with the intemet department as one of their back up representatives.Was able to assist customer with unlocking or locking their online access and able to assist them with basic IT issues.Participated in ongoing training to ensure that customers were receiving world class customer service.Assisted the trainers by mentoring new hires ensuring that we would have more qualified and able-minded representatives. • HEB-Cashier/Floral Department • Trained as cashier with TABC license and cashier training to properly service customers.Handle all customer payments and credit transactions and responsible for the daily balancing and reconciling of registers.Lead floral partners in daily responsibilities and safety protocols to ensure success and productivity of the department.Handled special requests from personal and corporate customers and delegated tasks to other partners to ensure the success of the department. Community Service: • Martin Middle School Choir • Boy Scouts of America • Veteran's Memorial Choir • Corpus Christi Downtown District • House of Rock • Human Relations Commission with the city of Corpus Christi • Corpus Christi 7 Day Film Festival CITY OF CORPUS CHRISTI Submit Date: Jul 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile John B Ross VI 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 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Firebird Bulk Carriers, Inc. Oilfield Driver ,,,,oyer Job Title 1024 S. 137 Access Work Address-Street Address and Suite Number George West Work Address-City John B Ross VI Page 1 of 5 Texas Work Address-State 78022 Work Address-Zip Code 747-333-6749 Work Phone johnrossvi@gmail.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B 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) Education: BBA in Management . Professional: Experienced with interstate commerce to/from Corpus Christi . Community: Landlord . Why are you interested in serving on a City board, commission or committee? This particular board, CC B-Corp., interests me. For years I've experienced roadways that need improvement. I believe it can be done without going bankrupt. There is a right way to steer tax-resources for economic development. This unique approach will turn a profit & minimize wastefulness. Affordable housing shouldn't be perceived as an eyesore, but something valued by their occupant(s). Peak dwelling condition should be maintained from move-in through move-out. Recent events may provide more workers requiring local housing & that, in turn, will increase tax-revenue. The time to act is now & get ahead of the curve; a plan in place will always prevail plans made to re-gain lost ground. John B Ross VI 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 John B Ross VI 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? r Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- 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. Depending on customer demand at work, an occasional absence may be required. I intend to give as much notice as possible. John B Ross VI Page 4 of 5 Board-specific questions (if applicable) John B Ross VI Page 5 of 5 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 B CORPORATION: Submitted 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 _Z I 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: Jul 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile Robert Tamez 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 53 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Work Address-Street Address and Suite Number Work E-mail address Robert Tamez Page 1 of 5 Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B 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) Edinburg High School Del Mar Petroleum Refinery Certification (140 College Hrs.) School of Hydrocarbons (40Hrs) Why are you interested in serving on a City board, commission or committee? Tamez BioUpdate 12-8-16.rtf Upload a Resume Demographics Gender W Male Verification Robert Tamez 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 Tamez Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r- No Does your employer or your spouse's employer have a City contract? rYes rNo Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r^ No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Robert Tamez Page 4 of 5 Robert Tamez Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: May 14, 2018 Application for a City Board, Commission, Committee or Corporation Profile Kristie Veit 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 41 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone AT&T/ CWA President CWA 6137 Employer Job Title 1210 S Staples Work Address-Street Address and Suite Number Corpus Christi Work Address-City Kristie Veit Page 1 of 5 Texas Work Address-State 78404 Work Address-Zip Code 361-883-6137 Work Phone kvcwa6l37@swbell.net Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI BUSINESS AND JOB 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) Some college, currently employed by AT&T, as well as Communications Workers of America, Local 6137 Why are you interested in serving on a City board, commission or committee? Looking to expand job growth and even more importantly, job security in Corpus Christi Kristie Veit Bio CCU40.docx Upload a Resume Demographics Kristie Veit 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 Kristie Veit 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. answered no to call questions Kristie Veit Page 4 of 5 Board-specific questions (if applicable) Kristie Veit Page 5 of 5 Kristie Moeller Veit is the President of Communications Workers of America-Local 6137, President of the Coastal Bend Labor Council, and area Vice President for the Texas AFL-CIO. Kristie Moeller Veit joined CWA 6137 in 1999 when hired on with Southwestern Bell (now AT&T) and immediately became an activist in her union. She became a job steward in 2001, then in 2004 was elected by the membership as Secretary-Treasurer. In 2011 she was elected President and re-elected in 2014. While serving the labor movement in the early years, CWA assigned her to be a delegate to the Coastal Bend Labor Council, where she served on the scholarship committee, and as Political and Legislative chair from 2003-2011. She was elected as Vice President of the CBLC in 2012, then elected President of the CBLC in June 2015. Because of her commitment to working families, in 2013 she was elected to the statewide organization, Texas AFL-CIO, as an Executive Board member, and re-elected 2015, while also elected to serve the Texas AFL-CIO as a Board Trustee. She has participated in and organized job actions across Texas for workers' rights, human ' rights and Buy American projects. Additionally, together with the CWA Womens Committee, support the back to school supplies program for the children at South Texas Womens' Shelter. Kristie is proud to call CWA members her family. She is married to Brian Veit, they have two daughters Taylor and Taryn. City Of Corpus Christi MAYOR'S FITNESS COUNCIL BOARD DETAILS The Mayor's Fitness Council advises the City Council, SIZE 9 Seats City Manager, Parks Department and Health District TERM LENGTH 2 Years regarding promotion of healthy living, including but not limited to the following activities: encourage, promote OVERVIEW Years and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. In addition, to collaborate with community leaders in all sectors to develop and implement policy and environmental improvement strategies that will help combat chronic diseases such as diabetes, cardio pulmonary disease, and cancer. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION The committee shall consist of nine(9) members appointed by the Mayor with F-Elk approval of the City Council.The committee shall consist of individuals representing the following categories: (1) -Health Care/Medical Professional, (1)- Worksite Wellness, (1)-Disability Networks, (1)-Senior Initiatives, (1)-Youth Initiatives, (1)-Community Outreach and (3)-At-Large members.Staggered DETAILS terms are as follows: Five terms shall end in even numbered years: Health Care/Medical Professional,Senior Initiatives,Youth Initiatives,Community Outreach and one(1)At-Large member. Four terms shall end in odd numbered years:Worksite Wellness, Disability Networks,and two(2)At-Large members. Thereafter,all terms shall be two(2)years. Ex-officio members will include Director of Parks and Recreation and the Director of the City County Public Health District. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Ordinance No. 028525,3/23/10;Ord. 028598,5/11/10;Ord. 029780,3/26/13. ............................................................................................................................................................................................................................................................................................................................. MEETS Third Thursday of every month, 12:00 p.m.,City Hall,Staff Conference Room. ........................................................................................................................................................................................................................................................................................................................... TERM DETAILS Two-year staggered terms. ..-................................................................................................................................................................................................................................................................................................................... DEPARTMENT Parks and Recreation Department _.............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION MAYORTS FITNESS COUNCIL Page 1 of 1 Mayor's Fitness Council July 24,2018 Five(5)vacancies with terms to 5/11/20 representing the following categories: 2-At-Large,1-Community Outreach,1-Healthcare/Medical Professional and 1-Youth Initiatives. (Appointed by the Mayor with approval of the Council.) Stephen C McMains MAYOR'S FITNESS COUNCIL Seeking Reappointment District 2 1 5/11/18 At-Large 80%8/10(2 exc.) Tiffany A.Montemayor MAYOR'S FITNESS COUNCIL Seeking Reappointment District 2 1 5/11/18 Community Outreach 70%7/10(3 exc.) Ana Paez MAYOR'S FITNESS COUNCIL Seeking Reappointment District 1 2 5/11/18 Healthcare/Medical Professional 90%9/10(1 exc.) Richard Torres MAYOR'S FITNESS COUNCIL Seeking Reappointment District 5 1 5/11/18 Youth Initiatives 70%7/10(3 exc.) Jacqueline Hamilton MAYOR'S FITNESS COUNCIL Not Seeking Reappointment District 4 1 5/11/18 At-Large Victor Betancourt MAYOR'S FITNESS COUNCIL Active District 2 2 5/11/19 At-Large Kimberly Cook MAYOR'S FITNESS COUNCIL Active District 5 3 5/11/19 Disability Networks Rhonda Carlisle-Castillo MAYOR'S FITNESS COUNCIL Active District 3 1 5/11/19 Senior Initiatives Misty Kesterson MAYOR'S FITNESS COUNCIL Active District 4 2 5/11/19 Worksite Wellness Mayor's Fitness Council Applicants July 24,2018 Work Address ! �® Rolando G Barrera MAYOR'S FITNESS COUNCIL District 3 Roland Barrera Insurance 101 North Shoreline,BLVD,Suite 410 Corpus Christi TX At-Large Brittany Garza MAYOR'S FITNESS COUNCIL District 3 Wingstop 6313 Wooldridge Rd.Suite 1 Corpus Christi TX At-Large,Youth Initiatives Rene R Gutierrez MAYOR'S FITNESS COUNCIL District 3 Nueces County 2310 Gollihar Rd. Corpus Christi TX At-Large Jason B Houlihan MAYOR'S FITNESS COUNCIL District 4 Del Mar College 101 Baldwin Blvd Corpus Christi TX At-Large James S Kruse MAYOR'S FITNESS COUNCIL District 5 Texas A&M University-Corpus Christi 6300 Ocean Dr.,O'Connor Bldg#365 Corpus Christi TX At-Large Armando Mendez MAYOR'S FITNESS COUNCIL District 5 Magnum Oil Tools International 5655 Bear Lane Corpus Christi TX At-Large Jennifer N Rock MAYOR'S FITNESS COUNCIL District 5 Self 7414 Trail Creek Corpus Christi TX At-Large,Community Outreach Alisa Tippit MAYOR'S FITNESS COUNCIL District 4 Corpus Christi TX At-Large CITY OF CORPUS CHRISTI Submit Date: Apr 13, 2018 Application for a City Board, Commission, Committee or Corporation Profile Rolando G Barrera 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 47 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Roland Barrera Insurance Agency Owner ,:>yer Job Title 101 North Shoreline, BLVD, Suite 410 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Rolando G Barrera Page 1 of 5 TX Work Address-State 78401 Work Address-Zip Code 3614002484 Work Phone roland@rbi96.com Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: 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) Past President, Corpus Christi Kiwanis Club Past President, Children's Advocacy Center of the Coastal Bend President Elect, Coastal Bend Association of Health Underwriters Past Chairman, Corpus Christi Regional Transportation Authority Vice Chair, Texas Bridge Credit Union Why are you interested in serving on a City board, commission or committee? As an insurance agent that administers employee benefits, our firm is highly engaged in wellness initiatives to improve employees health and physical fitness. We lead our industry in taking this proactive approach. RGB_BIO_for_City of Corpus_Christi.pdf Upload a Resume Rolando G Barrera 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 Rolando G 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. N/A Rolando G Barrera Page 4 of 5 Board-specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Rolando G Barrera Page 5 of 5 Rolando G. Barrera • Born 1966 • Moody High School Alumnus • Del Mar College Alumnus • Serving clients with insurance, financial services and employee benefits for 21 years • Past Chair of the Corpus Christi Regional Transportation Authority • Past Chair of the Insurance and Financial Advisors Political Action Committee for Texas • Past Chair of the Texas Association of Mexican American Chambers of Commerce • Past President of the Coastal Bend Children's Advocacy Center • Past President of the Corpus Christi Kiwanis Club • Graduate of Leadership Corpus Christi Class XL • Governmental Affairs Chair for the National Association of Insurance and Financial Advisors, Corpus Christi Chapter • President Elect of the Coastal Bend Association of Health Underwriters • Board Vice Chair of Texas Bridge Credit Union • Recognized by the "National Association of Health Underwriters" as a Distinguished Member of the "Leading Producers Round Table". Roland Barrera provides consulting and risk management services to individuals, business owners and public agencies with an emphasis on employee benefits. His agency has been recognized for production by National Association of Health Underwriters for three consecutive years. Roland has been actively involved in Texas politics for many years and has been a strong advocate for small business, insurance issues, children's issues, public transportation and immigration reform. Born and raised in Corpus Christi and is the proud parent of three children, Richard (32), Amber (28), Zach (25) and grandfather to Ella Rae and Atlas James Rosales. He is a parishioner of Most Precious Blood Catholic Church where he sings in the choir. CITY OF CORPUS CHRISTI Submit Date: Mar 08, 2018 Application for a City Board, Commission, Committee or Corporation Profile Brittany Garza Last Name Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- No 7 years If yes,how many years? Primary Phone Alternate Phone Wingstop General Manager Employer Job Title 6313 Wooldridge Rd. Suite 1 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Brittany Garza Page 1 of 5 78413 Work Address-Zip Code 3619069464 Work Phone Brtnygrza33@gmail.com Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Why are you interested in serving on a City board, commission or committee? I am interested because I would love to have the opportunity to help be a leader with health and wellbeing in the Corpus Christi community. I live a very healthy lifestyle and truly believe in a holistic and all natural way of living. I want to help the community be more aware of processed foods and gmo's to help the next generation become healthier and more active. I also care about all age groups when it comes to health and fitness. I believe there is a huge demographic we can reach in our area and make the community more aware of what we put in our bodies. I have personally been through an extensive amount of fitness diversity in my own fitness journey, to where I feel completely comfortable and knowledgeable to help individuals in any way possible. I would love to have any opportunity to give back to the community. I am not a registered voter but can gladly fix that. Thank you for your time in reviewing my application. Demographics Brittany 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 Brittany 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. no Brittany Garza Page 4 of 5 Board-specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Youth Initiatives Brittany Garza Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile Rene R Gutierrez 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 40 years If yes,how many years? Primary Phone Alternate Phone Nueces County Juvenile Probation Officer Employer Job Title 2310 Gollihar Rd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Rene R Gutierrez Page 1 of 5 78415 Work Address-Zip Code (361) 561-5087 Work Phone Rene.Gomutierrez@nuecesco.c Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: 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 of Public Administration, TAMUCC, 1999 Bachelor of Science, TAMUCC, 1997 Associate of Arts, Del Mar College, 1995 Most Precious Blood, Catechesis of the Good Shepherd Teacher, every Wednesday from 6:00 - 7:15 p.m. Why are you interested in serving on a City board, commission or committee? Demographics Gender W Male Rene R Gutierrez 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 Rene R Gutierrez 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. Rene R Gutierrez Page 4 of 5 Board-specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None selected Rene R Gutierrez Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Aug 15, 2017 Application for a City Board, Commission, Committee or Corporation Profile Jason B Houlihan 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 14 If yes,how many years? Primary Phone Alternate Phone Social and Video Media Del Mar College Specialist/Staff Writer Employer Job Title 101 Baldwin Blvd Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Jason B Houlihan Page 1 of 5 78404 Work Address-Zip Code 361-698-1123 Work Phone jhouliha@delmar.edu Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted ARTS & CULTURAL COMMISSION: 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) BS in Counseling. Why are you interested in serving on a City board, commission or committee? To serve my community. Houlihan Jason_Resume_8.15.17.docx.pdf Upload a Resume Demographics Gender W Male Jason B Houlihan Page 2 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Jason B Houlihan 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. Jason B Houlihan Page 4 of 5 Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? V Higher Education V Marketing Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? V None of the above Jason B Houlihan Page 5 of 5 JASON HOULIHAN EDUCATION FULLER THEOLOGICAL SEMINARY,Pasadena CA Master of Divinity, Currently Enrolled HARDIN SIMMONS UNIVERSITY,Abilene TX Bachelor of Science in Clinical Counseling,Dec 2014 Minor in Biblical Studies DEL MAR COLLEGE, Corpus Christi TX Associates of Art in Television and Radio,May 2011 SKILLS • Adobe Suite. • Community outreach. • Final Cut Pro. • Counseling/Advising. • Google Docs/Forms. • Innovative and Creative. • Microsoft Suite. • Volunteer Training and Supervision. • Social Media Management. • Leadership/Management/Relationship skills. • Trello for Project Management. • Fundraising Planning and Execution. • Wordpress. • Commitment to working in a team/staff environment. • Constant Contact. • Adaptable to Growth and Change. • Experience using video production equipment. • Able to work independently. PROFESSIONAL EXPERIENCE Del Mar College, Corpus Christi TX May 2017 to Present Social& Video Media Specialist/Staff' Writer Develop integrated advertising campaigns for the College.Manage all of the Colleges Social Media accounts. Create content for a wide array of communication mediums including the College's website and Social Media Accounts.Pitch College stories to local media and write press releases. FAITH LUTHERAN CHURCH,Houston TX Jan 2015 to March 2017 Director ofFaith Formation Recruit,train,and support volunteers to work in youth ministry including Confirmation,Learning Group leaders, Sunday School Leaders,High School Group Mentors,and Young Adult Leaders. Direct the Youth and Family Team,the Faith Camp Team,and the Parish Education Team in developing an annual budget and strategic plan. Develop curriculum for Sunday school including Middle and High School Youth Group and other areas of Parish Education. Direct Faith Camp every summer,lead in the hiring process for Faith Camp,training of the staff,marketing the camp, supervising the staff prior and during camp,and handle parent concerns. Perform multimedia duties including but not limited to;editing promotional videos,recording church events,and providing quality advertisements to local advertising mediums such as The Kid Directory,Bellaire Magazine,etc. KNIGHTSTORM PRODUCTIONS, Corpus Christi TX May 2012 to Current Producer/Editor Confer with owner to discuss assignments and work on client needs. Create commercials,film,industrial and promotional content for various mediums including broadcast and web. Operate multimedia equipment on set and prepare content for editing. Assist in post-production needs for clients. K-HI TELEVISION,Corpus Christi TX Oct 2008 to May 2012 Photoiournalist/Audio Operator Confer with the News Director and Producer daily to discuss assignments and determine stories for daily broadcast. Set up and perform live shots for broadcast often under time restrictions. Edit video for broadcast productions,including non-linear editing under the pressure of a concrete completion time. Operate television cameras to record scenes for live television broadcasts,advertising,and special programming. References Available Upon Request CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile James S Kruse First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 10 If yes,how many years? Primary Phone Alternate Phone Texas A&M University - Corpus Professional Assistant Professor Christi of Accounting Employer Job Title 6300 Ocean Dr., O'Connor Bldg #365 Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State James S Kruse Page 1 of 5 78412 Work Address-Zip Code 361-825-3606 Work Phone scott.kruse@tamucc.edu Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Masters in Accountancy, served on committees with Downtown Management District, member of TSCPA, member of rising tide society, Student Accounting Society Faculty Advisor, Presenter at Coastal Bend Innovation Center Why are you interested in serving on a City board, commission or committee? JamesScottKruse Curriculum Vitae.doc Upload a Resume Demographics James S Kruse Page 2 of 5 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree James S Kruse Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. James S Kruse Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the Above Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above James S Kruse Page 5 of 5 J. Scott Kruse, CFE Curriculum Vitae EDUCATION: Texas A&M -Corpus Christi -AASCB Accredited Accounting Program Masters of Accountancy Graduated - December 2010 Drury University- Springfield, MO B.A. with a major in Sociology and minor in Psychology Graduated -August 1997 Certified Fraud Examiner(CFE) Association of Certified Fraud Examiners PROFESSIONAL TEACHING EXPERIENCE: Professional Assistant Professor of Accounting, Texas A&M University- Corpus Christi August 2015 - Present, Corpus Christi,TX Adjunct Professor of Accounting, Texas A&M University-Corpus Christi August 2014 -August 2015, Corpus Christi,TX Courses Taught: Financial Accounting -ACCT 2301 Managerial Accounting -ACCT 2302 Intermediate I -ACCT 3311 Fraud Examination -ACCT 3340 PROFESSIONAL ACCOUNTING EXPERIENCE: CFO, Waterstreet Restaurants March 2013 - May 2014, Corpus Christi,TX Oversaw preparation of all financial statements for 4 different restaurants and real estate trust Supervised staff of five including payables, receivables, and IT Reviewed expenses and cash balances with suggestions for improving both categories Procured funding through bank loans and other investments Instituted new technology program to give real time sales and labor info Managed audits of two companies as liaison with Public Accounting Firm Contractor, Audit/Tax Preparation, Park Fowler CPA, PLLC June 2012 -October 2012, Corpus Christi,TX Tax preparation including 1120, 1120S, 1040, 1041 Assisted in preparation of audits including HOA's and Oil &Gas Prepared 940's and 941's for various clients Contractor, Financial Analyst, Derco Aerospace January 2012 -April 2012, Corpus Christi,TX Support company for aircraft platforms Prepared billing to the government for different aircraft support contracts Worked with Controller to prepare State Apportionment for tax purposes Involved in Intercompany billings with Sikorsky Aircraft Contractor, Internal Audit, Forbes Energy Services September 2011 - November 2011, Corpus Christi,TX Public company in oil and gas servicing Contracted to work for internal audit/tax department to prepare for year end Filed sales tax, 940, 941, and prepared payroll calculations Staff Auditor, Fields and Nemec, Co. January 2009 - February 2010, Corpus Christi,TX Audited companies ranging from $50 - 70 million in revenues Tax preparation including 1120, 11205, 1040, 1041 and 990's Companies audited included construction, manufacturing, and non-profit Accounting Tutor, Texas A&M University- Corpus Christi November 2007 -January 2009, Corpus Christi,TX Responsible for tutoring fellow students in all undergraduate accounting courses Work with director of learning services to improve student retention PROFESSIONAL SERVICE: Accounting Advisory Board for Accreditation Texas A&M University-Corpus Christi Young Business Professionals Membership Chair- 2013 Downtown Management District Cleaning Initiative Committee Member Strategic Planning Committee Texas A&M University-Corpus Christi Faculty Advisor- Student Accounting Society Texas A&M University-Corpus Christi Scholarship Committee Texas A&M University-Corpus Christi SBA/Texas A&M Partnership - Boots to Business Program Presenter- Educator Texas Society of CPA's Member CITY OF CORPUS CHRISTI Submit Date: Oct 18, 2017 Application for a City Board, Commission, Committee or Corporation Profile Armando Mendez 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 28 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Magnum Oil Tools International Buyer Job Title 5655 Bear Lane Work Address-Street Address and Suite Number Corpus Christi Work Address-City Armando Mendez Page 1 of 5 Texas Work Address-State 78405 Work Address-Zip Code (361) 299-6333 Work Phone amendez@magnumoiltools.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: 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: Oil and Gas Advisory Committee Education, Professional and/or Community Activity (Present) Bachelors Business Administration with Economics - Texas A&M University Corpus Christi Why are you interested in serving on a City board, commission or committee? To provide a civil duty as a citizen to the city of Corpus Christi and surrounding areas. As a young professional in our city, I would like to contribute my time, experiences, and knowledge in various ways that may benefit our community. Mendez Armando Detailed Resume 2017 .doc Upload a Resume MendezShortResume2017.docx Please upload any additional supporting documents. Armando Mendez 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 Armando Mendez 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 Armando Mendez Page 4 of 5 Board-specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Armando Mendez Page 5 of 5 Armando Mendez Summary I have progressively expanded my business knowledge and experience within the federal contracting sector by practicing business administration and logistics management with emphasis in economics and finance encapsulated in a high degree of education,integrity,professional development and ethics. Responsibilities and Duties My direct experiences encompass variable responsibilities in the administration, supervision, inventory, supplier, and order management of proprietary procedures and processes within a high paced, team oriented, goal achieving environment. They include, but are not limited to; analysis and forecasting of proprietary deliverables within critical paths and timetables; conduct economic and fiscal monitoring of organizational logistics; research complex statistical data and reporting; assure effective movement management by planning, controlling, and evaluating inventories; review procurement procedures and policy to recommend and promote continuous improvement. Frequently assigned challenging projects with supervisory capacity over team member and often called to represent upper management in their absence. Education Texas A&M University Corpus Christi, Corpus Christi TX Major: Bachelors Business Administration Emphasis in Economics BBA Degree:August 2004- May 2008. GPA in major: 2.98 (4.0=A) Experience Buyer(International Sales)—July 2015 to Current Magnum Oil Tools International: Corpus Christi, TX • Communicates pertinent and timely information to SCT, Quality Control, Accounting Department and others as required. • Develops and negotiates, and implements programs and placement commitments with key partners. • Targets minimum inventory levels and expedites backlog recoveries. • Maximizes inventory turns, and reduces new buy by maximizing repairs or obsolete inventory. • Utilizes SAP Business One for purchase orders/quotes, forecast accuracy, and reviews safety stock and cautionary parts. • Prepare reporting for cost savings, KPI scorecards and vendor management. • Work with global materials, manufacturers and engineering for material changes and BOM updates. Armando Mendez Materials Resource Planner—January 2015 to May 2015(Laid Off) Gates Engineering Services: Gates Corporation North America: Corpus Christi, TX • Responsible for scheduling and delivery of assigned production from assembly and manufacturing. • Establish and manage production/assembly schedules on a daily and weekly basis. • Evaluate and communicate changes that impact the Sales, Supply Chain and Production groups. • Develop tools that will monitor performance trends to ensure on-time delivery of material flow through external and internal processes. • Responsible for approving design change instructions and manage cut in dates BOM changes to responsible components. • Place and administer work order requirements using Oracle Systems. Supply Chain Specialist—May 2014 to January 2015(Contract Hire) Mission Solar Energy: OCI Solar at Brooks City Base: San Antonio,TX • Coordinate logistics with suppliers, vendors, carriers, receivers and government agencies. • Coordinate the creation of purchase orders within Oracle ERP for direct and in direct material within the inventory objectives. • Determine cost effective freight solutions and service levels for all brands. • Monitor transportation issues for delivery requirements in support of operational requirements and complete monthly analysis. • Mitigate delays to ensure on-time delivery to final destination. Logistics Inventory Analyst—November 2013 to May 2014 (Contract Hire) MTS Inc at Boeing Aerospace: NASA Johnson Space Center, Houston,TX • Analyzes and determines inventory with depth of spares parts needed for support requirements for Boeing and NASA customers. • Identify the needed inventory support for current and projected requirements for projects using databases including VMDB, GOLD, Crystal Reports and others. • Interface with engineering, procurement, quality, Boeing and NASA customers in providing recommendations and solutions for current projects. • Performs periodic review of contract suppliers to determine future availability of critical Boeing and NASA projects. Armando Mendez Logistics Material Analyst—March 2011 to November 2013(Contract Hire) Honeywell Aerospace: Corpus Christi Army Depot, NAS Corpus Christi,TX • Creation of purchase orders within SAP/LMP needed for repair operations and order management for CCAD Bill of Material(BOM). • Coordinates material deliveries,part allocations, kitting, and cycle counts in order to deliver service performance within inventory objectives. • Coordinates material freight for domestic and international shipping within Honeywell Logistics, 3rd party vendors, and customers. • Performs within SAP/LMP interface pertaining to issues with suppliers, 3rd party logistics and various Honeywell systems. • Develop and coordinate within Honeywell and WAWF systems for finance, costs, and budget reports for monthly returns. • Utilizes Six Sigma tools and resources to identify, evaluate, promote, and implement continuous improvement regarding Honeywell business processes. Logistics Specialist - October 2009 to March 2011 (Contract Hire) L-3 Communications: Corpus Christi Army Depot, NAS Corpus Christi,TX • Receives and reviews incoming MEO and travelers for completeness by coordinating and tracking required actions. • Establishes and maintain travelers in accordance with regulatory procedures within the guidelines of tech data DMWR and NAVAIR books according to MEO requirements and the management division. • Perform Bill of Material (BOM) technical reviews, cost estimates, cost analysis, routing creation,production version creation within the Logistic Modernization Program LMP/SAP; pertaining to the Directorate of Production Management within the Components Process Support Branch. • Performs a variety of moderate to advance analytical research and quality assurance by observing the reconstruction of DMWRs, NVAIRs, traveler routings, and shop procedures within Corpus Christi Army Depot. Operations Support—May 2009 to October 2009(Contract Hire) CACI International: CNATRA N6 DOD Navy, NAS Corpus Christi,TX, • Operate in a problem management environment in order to provide record creation, data entry, and reporting for the CNATRA N6 department. • Contribute to the visibility of Enterprise Business Process Reengineering efforts by creation of Flow Charts and other process models and documentation available via collaboration technologies as directed. Armando Mendez • Help develop and maintain CSSC diagnostics, workarounds, and fixes as necessary to facilitate the pursuit of increasing the rate of one-call resolution for customers. Skills Business Qualities • 10 years of progressive experience in warehouse management, procurement, contract management, planning, auditing, quality assurance and customer service regarding work paper review, verification, cross-reference checking, report review, and data verification. • Ten years experience in computer literacy that include Microsoft Office,Word,Access, Excel, PowerPoint, Exchange, and Outlook. • Five years experience in Oracle, SAP, LMP, WAWF, DEXS II, FedLog, SharePortal, Banner, and PBL Scorecard. • Possess a strong ability in comprehending directions and instructions; ability to identify appropriate methodologies as to implement to the tasks as required. • Possess the ability to plan functions, conduct individual and group interviews, conduct program development, gather qualitative and quantitative data collection,transference, and reproduce information. • Self motivated and self starter with a strong willingness to gain knowledge and new skills in order to perform the related duties and fulfill responsibilities as required. • Possess a positive team attitude and approach with ability to team build and coordinate a successful team. • Possess strong multi-tasking skills and successful abilities in time management, correspondence preparation, project planning to meet deadlines, and assisting with reports. • Possess training in Six Sigma Green Belt business processes and procedures. Activities Organizations • Texas A&M University Corpus Christi Alumni Association: Current • Sigma Phi Epsilon Alumni Association of Corpus Christi: Current • Oil and Gas Advisory Committee: City of Corpus Christi: Current • Landmark Commission Committee City Of Corpus Christi: 2012-2013 Awards and Positions 0 Six Sigma Green Belt Business Processes Trained: 2012 Armando Mendez PROFESSIONAL PROFILE Resourceful, dynamic professional with a broad range of experience in fast-paced business and manufacturing environments. Highly skilled in operations and procurement, planning and logistics, and resource optimization. Strong leader and motivator who excels in teaching, training and empowering employees. Demonstrated strengths in management, efficiency improvement, and profit optimization. Proven track record of success in creative and effective management of diverse personnel in multiple locations. Flexible, adaptable, results driven and committed to quality process and product. BACKGROUND SUMMARY Operations Management Customer Service Programs Operational Cost Analysis Organizational Effectiveness Marketing Strategies& Programs Personnel Management Resource Planning & Management Facilities Development Transportation Analysis/Planning Strategic and Operations Planning Logistics and Warehousing Policies & Procedures Development Program Analysis and Evaluation Sales and Distribution Strategies Procurement&Supply Chain Material Management Project Management Technical Expertise includes: Oracle, SharePoint, Microsoft Office Suite, SAP EMPLOYMENT HISTORY MAGNUM OIL TOOLS INTERNATIONAL, Corpus Christi, TX 2015- Buyer(International Sales) Present Manage all international sales and material purchase orders (SAP Business One). GATES ENGINEERING &SERVICES, Corpus Christi, TX 2015 Material Resource Planner(Laid Off) Responsible for scheduling and delivery of assigned production from assembly and manufacturing MISSION SOLAR ENERGY LLC, San Antonio, TX 2014-2015 Supply Chain Specialist Responsible for the scheduling and forecasting of direct/indirect material with vendors and suppliers. MANUFACTURING TECHNICAL SOLUTIONS, Houston, TX 2013-2014 Logistics Inventory Analyst(Contract) Responsible for material needed for support requirements for Boeing and NASA customers. HONEYWELL INC, Corpus Christi, TX 2011-2013 Logistics Material Analyst(Contract) Responsible for purchase orders within SAP needed for repair operations and order management. L-3 COMMUNICATIONS, Corpus Christi, TX 2009-2011 Equipment Specialist(Clerk(Contract) Responsible for reviewing incoming MEOs and travelers for material management. CACI INTERNATIONAL, Corpus Christi, TX 2009 Operations Support(Contract) Responsible for record creation, data entry, and reporting for the CNATRA N6 department. ANDREWS DISTRBUTING, Corpus Christi, TX 2008-2009 Sales Associate Responsible for assisting account managers in promotions, sales and distribution. BUSINESS QUALITIES Six years of progressive experience in warehouse management, procurement, contract management, planning, auditing, quality assurance and customer service regarding work paper review, verification, cross-reference checking, report review, and data verification. Ten years experience in computer literacy that include Microsoft Office, Word, Access, Excel, PowerPoint, Exchange, and Outlook. Seven years experience in Oracle, SAP, LMP, WAWF, DEXS II, FedLog, SharePortal, Banner, and PBL Scorecard. EDUCATION Bachelor of Business Administration and Economics, Texas A&M University Corpus Christi CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile Jennifer N Rock 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 34 If yes,how many years? Primary Phone Alternate Phone Owner - FIT41VIOM Corpus Self Christi Employer Job Title 7414 Trail Creek Work Address-Street Address and Suite Number Texas Work Address-State 78414 Work Address-Zip Code Jennifer N Rock Page 1 of 5 3617398309 Work Phone Jenniferrock@fit4mom.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted MAYOR'S FITNESS COUNCIL: 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) Post Bac - Accounting, TAMUCC Bachelor's Degree - Communications, TAMUCC Why are you interested in serving on a City board, commission or committee? Because I have a vested interest in our city and the health and wellness of those who live here. Demographics Gender W Female Verification Jennifer N Rock 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 Jennifer N Rock Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r- No Does your employer or your spouse's employer have a City contract? rYes rNo Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r^ No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Jennifer N Rock Page 4 of 5 Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? V Community Outreach Jennifer N Rock Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile Alisa Tippit 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 33 If yes,how many years? Primary Phone Alternate Phone Work Address-Street Address and Suite Number alisa.tippit@gmail.com Work E-mail address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted Alisa Tippit Page 1 of 5 Interests & Experiences Education, Professional and/or Community Activity (Present) Weapons at Hands Instructor assisting with children's MMA and Jiu Jitsu programs. Also instruct cardio kickboxing classes, focusing on striking techniques, cardio workouts, and strength training. Roufusport Kickboxing Association green belt. Personal Trainer with LifeFit Personal Training Studios Member Real Life Church Corpus Christi Why are you interested in serving on a City board, commission or committee? Resume.docx Upload a Resume Demographics Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 9 1 Agree Alisa Tippit Page 2 of 5 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes ( No Alisa Tippit Page 3 of 5 Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Alisa Tippit Page 4 of 5 Alisa Tippit Page 5 of 5 ALISA TIPPIT kft L?LLI I CO T NCE LifeFit Personal Training Studio O 2017 Personal training services particularly emphasizing strength and functional fitness. Creative Channel - FitBit 2016-2017 Working hand in hand with Best Buy 'M OM associates, provide information and demonstration of FitBit fitnesstrackers and other FitBit brand products to customers. Assist and drive sales during typical big sales periods (Mother's Day, Father's Day, Christmas Holidays). Assist company by representing other products as needed. CERTIFICATION Weapons At Hand Mixed Martial Arts S 2015-2017 Instructor assisting with children's MMA and Jiu Jitsu programs. Also instruct cardio kickboxing classes, focusing on striking techniques, cardio workouts, and strength training. Roufusport Kickboxing City Of Corpus Christi MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD BOARD DETAILS SIZE 9 Seats The Museum of Science and History a, Advisory Board serves as an advisor to or TERM LENGTH 3 Years the Museum Department and to the City OVERVIEW TERM LIMIT 6 Years Council in matters of support and development of the museum. The Board may adopt comprehensive policies relating to the following: (1) Management of collections; (2) Acquisitions for the collections; (3) Disposition and the de- acquisition of objects in and for the collection; (4) Use of museum facilities. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Nine(9)members appointed by the Mayor,with advice and consent of the FTO-lk Council,to be selected as follows:Two(2)nominated by Friends of the Museum; seven (7)nominated by the Mayor who shall seek members as follows: 1 - Higher Education,2- K-12 Education,2-Business Community and 2-Community Advocates.Of these nine(9)members,at least one(1) member should have a DETAILS background in science,technology,engineering or math and one(1)member should have a background in history. Ex-officio members shall include the City Manager and superintendents of the Calallen Independent School District,Corpus Christi Independent School District, Flour Bluff Independent School District, Tuloso-Midway Independent School District and West Oso Independent School District or their designated representatives.The term of each advisory member shall be three(3)years. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Section 2-90,Code of Ordinances.Ord. No. 11090; 19350-6/10/86;20294- 5/3/88, 029642 10/09/12;Ord. No.31 200-7/25/17. ............................................................................................................................................................................................................................................ MEETS Bi-monthly at noon at the Museum of Science and History Conference Room at 1900 N Shoreline Blvd. ............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Three-year terms. ...................................................................................................................................................................................................................................................... DEPARTMENT City Manager's Office OTHER INFORMATION MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Page 1 of 2 Museum of Science and History Advisory Board July 24,2018 Two(2)vacancies with terms to 12/11/18 representing the following categories:1-Community Advocate and 1-Friends of the Museum Nominee. (Appointed by the Mayor with advice and consent of the Council.) Suzzette F.Chopin MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD Resigned District 2 1 12/11/18 Community Advocate Steve Arnold MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Resigned District 5 1 12/11/18 Friends of the Museum Sonia Castillo MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Active District 5 1 12/11/18 Business Community Scott Sutherland MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Active District 2 12/11/18 Business Community Anita Eisenhauer MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD Active District 1 12/11/18 Community Advocate Claudia CHuerta MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Active District 1 12/11/18 Friends of the Museum Jonda Halcomb MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD Active District 4 2 12/11/18 Higher Education Cary Perales MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Active District 1 12/11/18 K-12 Education Ruben E.Rocha,Jr. MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Active District 5 1 12/11/18 K-12 Education City Manager or designee MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Active N/A N/A Ex-Officio,Non-voting Calallen ISD,Superintendent or Representative MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Active E- N/A N/A Ex-Officio,Non-voting Corpus Christi I.S.D,Superintendent or Representative MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Active N/A N/A Ex-Officio,Non-voting Flour Bluff ISD,Superintendent or Representative MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD Active EL_ N/A N/A Ex-Officio,Non-voting Tuloso-Midway ISD,Superintendent or Representative MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Active N/A N/A Ex-Officio,Non-voting West Oso ISD,Superintendent or Representative MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD Active AL.. N/A N/A Ex-Officio,Non-voting Museum of Science and History Advisory Board Applicants July 24,2018 Christina C.Buttler MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Dirtdct2 C-1.1 Bend Center for Independent Living 3833 S.Staples,Suite N201 Corpus Chd,U TX CommunityAdvocate B"` u:i `Community, Fernando Fernandez•Jr. MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Dirtdct3 Flour Bluff ISD 2505 WaIdmn Rd. Corpus Chdsti TX K-12 Education Rachel P.Gomez MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Dirtdct5 Caliber Home Loans 802 N Carancahua Ste.1850 Corpus Chdsti TX Business Community Fdends of the Museum Nominee, Karen J.Hawden MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Dirtdct4 TX K-12 Education Community Advocate,K-12 Education,Higher Kathy Werner MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Dirtdct2 Retired TX History Teacher-CCISD TX Education CITY OF CORPUS CHRISTI Submit Date: Apr 12, 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 Navigator Project Manager and Independent Living Grant Compliance Coordinator nployer Title 3833 S. Staples, Suite N201 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mrs. Christina C Buttler Page 1 of 6 Texas Work Address-State 78411 Work Address-Zip Code 361-334-2899 Work Phone christinab@cbcil.org Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I do not. Education, Professional and/or Community Activity (Present) I hold a Bachelor's degree in Applied Arts & Sciences with University of the Incarnate Ward. My career with Coastal Bend Center for Independent Living (CBCIL) began in 2012 as a Relocation Specialist. In this role, I assisted Nursing Home Residents transition back into the community with a Medicaid Waiver program called Star Plus. After only one year with CBCIL, I assisted with development writing and grant submission to Centers for Medicare and Medicaid Services (CMS) to become a sole grant recipient for the Marketplace Health Insurance Navigator Program. Upon receiving this grant with CMS, I became the Marketplace Navigator Project Manager and Grant Compliance Coordinator. My accomplishments include: providing extensive support to collaborating Navigator entities, reaching over 700,000,000 consumers in my respective catchment area, and in 2015 Corpus Christi was rated #2 in the country and #1 in Texas with the strongest growth rates of open enrollment within the Marketplace by covering our community with health insurance. I serve on Board of Directors for Corpus Christi Crime Stoppers and Vinson Morris Children's Center. I am currently participating in Leadership Corpus Christi: Class 46 and was just named an honoree for Corpus Christi under 40. Mrs. Christina C Buttler Page 2 of 6 Why are you interested in serving on a City board, commission or committee? I love Corpus Christi and want to make a difference for my community. I have a 4 year old son and want to grow our community for him and all of our community members by offering my skills and talent to serving on this board. CB Resume.pdf Upload a Resume Demographics Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 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 Mrs. Christina C Buttler 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. Christina C Buttler 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 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 Community Advocate Mrs. Christina C Buttler Page 5 of 6 Mrs. Christina C Buttler Page 6 of 6 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: Feb 05, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr. Fernando Fernandez Jr. Prefix First Name Last Name Suffix Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- No 18 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Flour Bluff ISD Director of Vocal Ensembles Employer Job Title 2505 Waldron Rd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mr. Fernando Fernandez Jr. Page 1 of 6 TX Work Address-State 78418 Work Address-Zip Code 361-694-9031 Work Phone ffernandez@fIourbluffschools.net Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) Aransas Pass HS Graduate, Undergraduate studies: Phillips University (Enid, OK), St. Gregory's University (Shawnee, OK), Graduate studies: TAMUCC; Board President- Harbor Playhouse; Director of Traditional Music- St. Luke's United Methodist Church; TMEA (Texas Music Educators Assoc. vocal division vice-chair/chair); Freemason; TCDA (Texas Choral Directors Assoc.); TMAA (Texas Music Adjudicators Assoc.) Why are you interested in serving on a City board, commission or committee? To help serve the city and citizens of Corpus Christi. To help share new ideas and implement them into action. To bring a greater awareness on any committee I serve on and represent the city and its citizens with honor and dignity. currentresFFJnonmusic.doc Upload a Resume Mr. Fernando Fernandez Jr. Page 2 of 6 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Mr. Fernando Fernandez Jr. Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. none of the above were a yes Mr. Fernando Fernandez Jr. Page 4 of 6 Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? I Public Art / Public Space I Youth / Education I Business Development Groups / Corporate Representative V Performing Arts (music, dance, drama, film) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Question applies to MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? Pr K - 12 Education 9 Business Community Mr. Fernando Fernandez Jr. Page 5 of 6 Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? W Advertising/Public Relations W Arts/Cultural Mr. Fernando Fernandez Jr. Page 6 of 6 Fernando Fernandez Jr. Professional Profile I possess strong skills in managing and maintaining resources, creating a classroom environment that is enthusiastic and yet conducive to learning- challenging and encouraging students to achieve beyond their potential-while providing a quality education, compassionate mentoring, and holding true to the ideals and principles of an honest life. I am confident that I posses the knowledge, skills, desire, and capabilities to immediately assume a role within a city board committee. I would gladly welcome an opportunity to discuss your goals and objectives as well as my abilities to fulfill your requirements. I feel that my skills, experience, ability and enthusiasm would be an asset to the city of Corpus Christi. Thank you for your time and consideration of my qualifications. I look forward to hearing from you soon. • 17 years Texas Public Schools • Band/Orchestra Director • 2 years Illinois Private Schools • Music Director for HS/Community • 2 years Oklahoma College and Public Schools Musicals • Minor piano accompaniment skills • Music Minister- United Methodist • Composer and Arranger • Mentor for TAMUCC Educator Prep. • Private Voice and Brass Studio Experience • TMEA Region Chair/Vice-Chair (14 years) • Bilingual (English-Spanish) Professional Experience Flour Bluff Junior High and High School, Corpus Christi, TX September 2001 - Current Director of Vocal Ensembles Achievements: • 48 TMEAArea Candidates / 15 TMEAAII-State Choir Members • "1" Concert Ratings on stage for 9 of the last 12 years • Gained $15,000+ in donations for the High School Choir • TM EA Region XIV Vocal Chair (4 terms)/Vice Chair (3 terms) • Fine Arts representative for SBDM committee at high school (2 terms) • Raised performance and quality standards in both JH and HS programs • Earned highest success rate in the program's history • Nominated for Who's Who Among America's Teachers (2005,2010) • Named a Claes Nobel Educator of Distinction (2007) • 2nd Runner-up Krispy Kreme Doughnuts Teacher of the Year (2010) Responsibilities: • Coordinate JH to HS program's musical transition - 2 - • Maintain standards of excellence and high level of competitiveness within all HS junior varsity and varsity choirs • Prepare the choirs for concerts, contests and various public and private performances — provide piano accompaniment when able • Develop and maintain beginning and auditioned classes for JH choir program • Select appropriate repertoire for performances and contests and maintain the JH and HS choral libraries St. Luke's United Methodist Church, Corpus Christi, TX August 2006 —Current Minister of Music Achievements: • Raised performance quality and varied musical repertoire • Started `College Singer' scholarships with a$5,000 donation • Increased choral selections performed to (2) per service • Earned choir's first-time invitation to perform at UMC Annual Conference • Increased awareness and participation in the choir and hand bells • Gained $40,000+ in donations for the music ministry programs Responsibilities: • Select and schedule appropriate literature one month in advance • Direct Chancel Choir and Hand Bell Ensemble in rehearsal and services • Serve as liaison to the Pastor and assist in the liturgy planning • Manage the music library and maintenance on all musical equipment • Lead the congregational singing weekly in service Marmion Academy, Aurora, IL January 2000—June 2001 Dorm Prefect and Music Faculty Achievements: • Expanded Cantorial Choir to double the membership • 4 of 6 studio voice students landed lead roles in school musicals • Student Council prepared more programs and became more active • Named to Liturgy committee for all-school masses • Increased interest in boarding program Responsibilities: • Translator for outreach programs and for LEP students • Maintain budgets for student council, music classes, and dorms • Assist head Band/Choir director as needed or assigned • Supervise all student council events and advise as to school policies • Support, nurture and guide 35-50 HS boys within the Catholic boarding school environment St. Gregory's University, Shawnee, OK May 1999 —October 1999 Coordinator for Student Activities - 3 - Achievements: • Planned and Coordinated Freshman Orientation and Homecoming • Created and directed University Jazz Band • Served as sponsor/advisor for a sorority and Hispanic Awareness Club • Created on-campus tradition of"Coffeehouse Nights", streamlined the procedures for Greek Council business, and implemented Robert's Rules of Order into the student senate Responsibilities: • Create and maintain budgets for all dorm and student body activities • Supervise the dorm staff and serve as live-in advisor • Create and maintain a monthly calendar of events/website- coordinating with all other clubs and organizations • Recruit members and rehearse the jazz band weekly Education Texas A&M University- Corpus Christi, Corpus Christi, TX Masters in Secondary Education (6 hrs. to completion) St. Gregory's University, Shawnee, OK BA in Humanities (Music) May 1999 Phillips University, Enid, OK Undergraduate Study in Music and Liberal Arts August 1993 -July 1998 References --Available upon request-- - 4 -M 0 - 5 - Mentoring, Clinics, and Assignments: Texas Shrine Assoc. State Convention- Chanters Unit Contest Judge (May 2005) Pre-Service Teacher Mentor for TAMUCC (2001-2015) Student Teacher Mentor and Trainer for TAMUCC (2001-2003, 2005-2008,2010,2015) CCISD Choral Showcase Adjudicator/Clinician (2008-2010,2014-2018) All-State Choir Camp Instructor for Del Mar College (2003-2017) All-Area Master Chorus Coordinator (March 2005,2014-15) UIL Concert and Sight Reading Contest Site Host (2002-2004, 2006-2017) TMAA Active Choral Adjudicator State-wide (2012-2018) Original Compositions Commissioned and/or Performed: (More complete catalogue available upon request) Latin A Cappella(SATE Collection): arr. Deke Sharon/ed.Anne Raugh (served as editor/advisor)^ A Little Dancing Song (low brass trio)** Serend ipity-doo-dah (woodwind quintet)** Morning View from the Mountain (piano)* Funkadelic Piano #1 (piano)** Going Home, Tonight (piano)* Canciones de Amor Prohibido: Prelude (piano)* Hilah Adonai (SATB and piano)*** A Choral Litany(SATB and piano)** The Wizard of OZ:An Original Musical Setting (piano, synthesizer and voice)** Take, O Take Those Lips Away(TTB choir w/cello, piano) Ode to Music (SATB w/brass, piano)** Ave Maris Stella (SAB w/violin, piano) Madrigal (SSAw/piano) Two Settings from Dante's Divine Comedy (SATB choir and piano) What Color is God's Skin (arr. for SAB w/piano) ** Angels Divine (arr. for SSAA a cappella) *University Press Published **Commissioned Work ^Commercial Publication Professional Organizations: TMEA-Texas Music Educators Assoc. (Vocal Chair/Vice Chair - Convention Presider/Presenter) TCDA-Texas Choral Directors Assoc. (Convention Team - Door Prize Committee) TSTA-Texas State Teachers Assoc. (member) TMAA—Texas Music Adjudicators Assoc. (Permanent List member) Oso-Naval Masonic Lodge No. 1282 (musician, member) Mu Phi Epsilon- Professional Music Fraternity (chorister, alumni relations, president, donor) St. Gregory's Univ. Hispanic Awareness Student Association (member, advisor, donor) St. Gregory's Abbey—Shawnee, OK(donor) Harbor Playhouse- Board of Directors (president, donor) Corpus Christi York Rite- Chapter 91 RAM, Council 55 R&SM, Commandery 57 KT (inactive) AAONMS-Al Amin, Shriners (inactive) Major Research Papers in Music and Education: Public School Music Teacher:A Hands-on Curriculum for Texas Choral Directors Streamlined "Hunter" Lesson Plans for Undergraduate Music Teaching Experiences An Approach and a Curriculum for Undergraduate Secondary Music Methods Class The Art Songs of Modest Mussorgsky Shostakovich, Mussorgsky and the Rayok:An Anti-Political Art Song Movement Music on the Theme of the Blessed Virgin Mary up to the Renaissance Wagner vs. Brahms: Who was the Real Modernist? Losing Their Marbles: The Castrati Story Edgard Varese, the 20th Century and Musique Concrete:An Analysis Kaddish, Leonard Bernstein, and the Inner-Emotions of Symphony No. 3 - 6 - Musical Experience: St. Luke's United Methodist Church Director of Traditional Music (2006-current) Singer/Actor- Harbor Playhouse (2012-2018) United Methodist Church Annual Conference Mass Choir- conductor (2006,2008,2012,2014) Corpus Christi Chorale/Del Mar Master Singers (2010, 2014-15) Musical Director/Conductor:Annie (2006), The Sound of Music (2007), Into the Woods (2008), Really Rosie (2009), You're a Good Man, Charlie Brown (2014), Carrie: The Musical (2015) St. John's United Methodist Mixed Choir and Men's Chorus (2004-2006) Oso-Naval Masonic Lodge Musician (2003-2008) Al Amin Shriners- Chanters Unit (2004-2005) Vocal Coach for Marmion Musicals-Joseph and Technicolor Dreamcoat, Carousel(2000, 2001) Enid-Phillips Symphony Orchestra(1993-95) - Principal Tuba Phillips University Wind Ensemble (1993-98) -Tuba and Euphonium P.U. Jazz Ensemble (1995-97) -Tuba and Bass Trombone P.U. Brass Ensemble (1994-97) -Tuba Enid Community Band (1994, 1995) -Tuba and Euphonium OMEA Inter-Collegiate Honor Band (1996) -Tuba Phillips University Concert Choir (1993-98) -Tenor, composer-in-residence P.U. Chamber Singers (1993-94, 97-98) -Tenor/Baritone, student conductor St. Gregory's University Chorale (1999) - Baritone, Composer-in-residence St. Gregory's University Theatre Dept. (1998-99) - Twelfth Night as Sir Toby Belch, The Fantasticks as EI Gallo and musical orchestrator for Androcles and the Lion The Educational Philosophy of Fernando Fernandez Jr. My educational philosophy is not a short-term thought creation, but rather is drawn from a lifetime of learning and encouraging others. It stems from my positive and negative experiences as a student, my training and insight as an active classroom teacher, and being a life-long advocate for the fine arts and higher education. I believe that these following things should be practiced and displayed every day within my classroom-the students will: smile,learn to achieve beyond their potential, feel safe and comfortable, leave every day with a song in their heart, have a desire to succeed, learn and improve from their mistakes, and when they graduate will support the fine arts their whole life long. I feel that a student needs to be exposed to and learned in the core areas: reading, writing, mathematics, history, science, languages, and civics. The supplementation of the fine arts to this core area makes for a well versed and knowledgeable student and citizen. In the classroom,the use of Socratic dialogue has been time-tested and proven to be an advantageous strategy to use for the encouragement of higher level learning and thinking. The practice of intellectual and moral discipline strategies are at the heart of the fine arts classroom.Although the classroom learning intensity changes from day to day in a rehearsal setting,there is still an underlined uniformity to the class. This feeling of continuity makes the students comfortable, and also trains them for the uniformity of life in the workplace. Intelligent and frequent discussion is the key to a successful classroom as well. If the teacher does not take time to talk with their students and learn from them, then they will never learn how best to reach and teach them. Learning from our students can be the most thought provoking and humbling thing we ever do as a teacher.Always be in charge and the ultimate authority figure,but leave room for their thoughts,input, and discussion. Therefore,the school of thought I feel most comfortable aligning myself with is that of Essentialism. I feel that the aim and purpose of schooling should be to teach our children all they will need to survive in the realities of the work place,the world of higher education,the rigors and responsibilities of family life, and most importantly respect for themselves and others. Through the academic core areas they learn all they need to not only pass the state mandated tests,but to function as a conversant citizen. - 7 - Reading, writing, mathematics, science, history, and technology applications are essential to success and for a well-rounded individual. They train and develop them into being able to serve in a job with competency, attend a higher level of schooling with a ground basis of core knowledge to draw from, and they help them to help their families.A quality education is life-long and benefits everyone whom they may come in contact with-be they friend, family, co-worker, or stranger.While the core content is important to success,the fine arts are where they learn heightened states of discipline and self-awareness, collaborative learning, fostering an appreciation and understanding for life's complexities, and a craft they can use for education, recreation and relaxation their whole life long. Through a quality fine arts education the students will learn both world and music history, foreign languages,reinforcing mathematic basics, solving higher-order thinking puzzles and instances, applications of arts in everyday life,passion for the arts, nostalgia and a sense of"home away from home", and a desire to continue a life-long track to success. Their individual or group success at contests and in concerts propels them forward and creates that desire in their hearts to continue on this track their whole life. Since the days of Plato as an educator, the inclusion of the fine arts has been considered to not only be core to creating a well-rounded citizen, but an outstanding one at that. I believe that instruction should be delivered in a precise, concise,interesting, and enjoyable tone and manner. The student should enter the room with the desire to want to learn as much as they possibly can within the class'length. They should be encouraged and pushed a little into higher level content and repertoire in class. The material should be relevant, cross-curricular, stimulating, and presented in a logical sequence. The length of the class period should be utilized to the fullest; making sure that instruction is the primary objective and also making each minute count. The students will be actively engaged in learning or creating something for every minute they are in my classroom. I will only accept the best possible work from them and strive to encourage them to continually improve themselves. Through my continued education and development, I will show my students first hand that learning never stops and share my continued fascination with learning. The best way for me to be knowledgeable and up- to-date on current trends and issues affecting my students and my field is by committing myself to professional development sessions as they become available. I will annually attend conventions and sessions offered by Texas Music Educator's Association and Texas Choral Director's Association to keep abreast on these issues and trends. I will also actively follow and read journals in education and music education to make sure I am practicing the very best teaching I possibly can.A teacher who does not continue their learning is not only hurting themselves but ultimately their students. Only the highest quality materials and supplies should be used in the classroom; as the program budget allows. The classroom should have an active layout and design; one that is both inviting and inspires creating and learning. The ultimate goal of instruction is to model and teach; not just content,but life skills, character, success, and a love for life long learning. I believe that in my classroom, students have a chance to voice their opinions, thoughts and questions in an environment that encourages and enlightens. They have a say in what music we program, how many performances we offer, how best to reach the community and give back, how best to assist them in learning difficult sequences, and how the music and class makes them feel or think. The students will be taught to get along with everyone,by my lead and example, and will learn a guided form of peer mediation when a problem arises. There will be no room for intolerance of others, and harmony, both in the music and in the class'relations, will be a large part of the ultimate goal for my daily classroom. There is an air of respect and courtesy in the classroom for all administrators,visitors, parents, classmates, and instructors. I, as the teacher, set the tone for their behaviors; and they will follow my lead and example when dealing with others. Every one from every background is always welcome, and made to feel especially welcome in the classroom at any time. I will never speak ill of a colleague or parent in front of any students, or others on the staff, and will treat my colleagues and parents with the same courtesy and respect I expect of them. For my parents, I will be available to them via conference period, phone, or email for their assistance or inquiry. They will be treated in a dignified manner and their issues addressed always with sensitivity, a professional tone of voice and a look of confidence-no matter how upset or hostile they may be or become.As for my colleagues, we should hold and respect the rules and - 8 - standards laid out for us by both the state and the school district.Also,the less time I spend in the faculty lounge will be the best time I spend with my colleagues in conversation. J.S. Bach once wrote, "The aim and final purpose for all music should be nothing else but the glory of God and the refreshment of the spirit." Since I teach in a public school,it is all done for the refreshment of the spirit; and the glory of God is secretly in every individual's heart. These are the things I believe to be essential to a quality education, and are in turn the credo for my personal education philosophy. CITY OF CORPUS CHRISTI Submit Date: 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: May 04, 2018 Application for a City Board, Commission, Committee or Corporation Profile Ms Karen J Howden Prefix 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 62 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone 5637 Lexington Road Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Ms Karen J Howden Page 1 of 5 78412 Work Address-Zip Code 361-986-1268 Work Phone jhowdencc@aol.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: 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 serve on any other City board, but have served on the Landmark Commission in the past Education, Professional and/or Community Activity (Present) BS Education with History and Political Science Secretary - Nueces County Historical Society member - Nueces County Historical Commission Past President - Texas Outdoor Education Association President - Friends of Old Bayview Cemetery Association Why are you interested in serving on a City board, commission or committee? First, it is everyone's civic duty to be involved in their community. Second, my interest in history within the City of Corpus Christi. Third, I've been an formal educator (30 years teaching 8th grade U.S. history) and an informal educator for 39 years. The Museum of Science and History is all about educating. Karen Howdenresume.doc Upload a Resume Demographics Ms Karen J Howden 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 Ms Karen J Howden 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. I did not answer yes to any of the above questions. Ms Karen J Howden Page 4 of 5 Board-specific questions (if applicable) 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? 7 K - 12 Education Ms Karen J Howden Page 5 of 5 Karen Howden ME" Education: Graduated from Corpus Christi State University in 1977 with a BS degree in Education. Additional Education Experience: Three hour graduate level course in Teaching Environmental Science Job Experience: Teacher at Flour Bluff Independent School District from August 1978 until retired in May 2009. Duties included supervising students, keep accurate records, report to administrators and parents, and create engaging lessons. Implemented the Interactive Notebook which creates a portfolio of student achievement. Awards: 2005 Secondary Teacher of the Year — Education Service Center Region 2 Volunteer positions: Nueces County Historical Commission: Plan and implement historical activities including the organization of seven Cemetery Walks at Old Bayview Cemetery. Girl Scouts of Greater South Texas: trainer Nueces County Historical Society— currently Secretary President of the Texas Outdoor Education Association 2009 — 2010: My duty as President was to plan the 2010 annual workshop and acquire presenters for the annual workshop. My duty as Past— President is to assist the current President during the workshop. Welder Wildlife Foundation: Help with the education of the public in land use and the wildlife, plant life, and water quality on the Foundation. Mentor: Flour Bluff ISD References: Anita Eisenhauer Chairperson — Nueces County Historical Commission Shirley Thornton - Colleague Dan Garza CITY OF CORPUS CHRISTI Submit Date: Jul 24, 2017 Application for a City Board, Commission, Committee or Corporation Profile Kathy Wemer 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 70+ If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Retired TX History Teacher - CCISD Substitute Teacher - CCISD Employer Job Title Work Address-Street Address and Suite Number Kathy Wemer Page 1 of 5 Work E-mail address Preferred Mailing Address fJ Home/Primary Address Which Boards would you like to apply for? MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: VP Nueces Co. Historical Commission; VP C.C. Area Heritage Society; VP Nueces Co. Historical Society Why are you interested in serving on a City board, commission or committee? To exercise my ability to utilize my experience as a retired TX Histoy school teacher and the knowledge I've gained serving on the Nueces Cty History Commission and the Nueces Cty Historical Society in an attempt to make history accessible to the public. Demographics Gender I•J Female Verification Kathy Werner 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 Kathy Wemer 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. N/A Board-specific questions (if applicable) Kathy Wemer Page 4 of 5 Question applies to MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? 9 K - 12 Education • Higher Education • Community Advocate Kathy Werner Page 5 of 5 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 Brush Truck EA 2 $82,590.00 $165,180.00 Chassis I SUBTOTAL: $165,180.00 Petersen Industries Lake Wells,Florida ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 1 Self Loading Brush Truck Bodies EA 2 $94,205.40.00 $188,410.80 SUBTOTAL: $188,410.80 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. 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O Ln G Cl N to pN wO n � 7 0EO 8 U 8 Ig 8 8 8 8 1S S 19 4 1 1 18 18 8 $ S 8 S 8 ° N N N N F F M F F N N N N N M F N N N F N N N � 0 a M b � (per pQN r 8 (N r 8 8 8 8 8 8 8 8 9 8 9 8 S S S I S I g I 8 1.8 8 8 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 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/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 Cep O� H v AGENDA MEMORANDUM Nc1852�� First Reading Ordinance for the City Council Meeting of July 17, 2018 Second Reading Ordinance as amended 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 mi kema(a)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 $10,010 for the ICAC program within the Police Department; and appropriating the $10,010 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, and training 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 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 $10,010 $10,010 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 $10,010 for the ICAC program within the Police Department; and appropriating the $10,010 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$10,010 to purchase equipment and supplies for the ICAC program within the Police Department. SECTION 2. That $10,010 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: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 � h rEXA'� RE: FYI ICAC Sub-recipient Grant Coversheet ***FOR OAG INTERNAL USE ONLY*** GCD contract number: 1885557 Grantee: Corpus Christi Police Department Amount: $10,010.00 Executed: Term: June 1,2018 —August 31, 2018 Budget coding: ORG PCA Agy Obj 885 15600 7611 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND Corpus 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 1, 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 Subrecipient Grant Contract Pagel of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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: To 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(10)business days,notice to the OAG of any change ICAC Subrecipient Grant Contract Page 2 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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 Subrecipient Grant Contract Page 3 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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 m. 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; f. 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 Subrecipient Grant Contract Page 4 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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 Subrecipient Grant Contract Page 5 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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, ZM 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 20th 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 Subrecipient Grant Contract Page 6 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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 Subrecipient Grant Contract Page 7 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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 10% 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 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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 12. 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 government 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: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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 DAG 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 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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 Subrecipient Grant Contract Page I1 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this 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 of GRANTEE's business or operations. GRANTEE agrees to remain in ICAC Subrecipient Grant Contract Page 12 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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 Subrecipient Grant Contract Page 13 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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: (1) 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 (1) 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 Subrecipient Grant Contract Page 14 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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 Subrecipient Grant Contract Page 15 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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 Subrecipient Grant Contract Page 16 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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 Corpus Christi Police Department GENERAL OF TEXAS pDocuSigned b/y�:, .J 798175CC091C496_. Printed Name: Printed Name: Michael Markle Office of the Attorney General Authorized Official ICAC Subrecipient Grant Contract Page 17 of20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 EXHIBIT A GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND Corpus Cluisti 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: $10,010.00 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 $0.00 Equipment $0.00 Supplies $0.00 Other Direct Operating Expenses $10,010.00 Total $10,010.00 ICAC Subrecipient Grant Contract Page 18 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 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. ➢ Six (6)pages. ICAC Subrecipient Grant Contract Page 19 of 20 DocuSign Envelope ID: 7D5595E2-DA35-421 D-9298-82E3D61 ED362 ICAC Subrecipient Grant Contract—Webb County Sheriffs Office 1665868 Page 20 of 20 DocuSign Envelope ID:7D5595E2-DA35421D-9298-82E3D61ED362 U.S.Department of Justice °��N^Jue %• Office of Justice Programs Office of the Assistant Attorney General Washington,D.C. 20531 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 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 ICAC Task Forces Invited Applications in the amount of$481,502 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 terns 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,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)458-0786,or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, 0100.00 R W004V� Alan R.Hanson Acting Assistant Attorney General Enclosures DocuSign Envelope ID:7D5595E2-DA35421D-9298-82E3D61ED362 OFFICE FOR CIVIL RIGHTS 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 September 27,2017 Mr.Don Clemmer Texas Office of the Attorney General PO Box 12548 Austin,TX 78711-2548 Dear Mr.Clemmer: 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. DocuSign Envelope ID:7D5595E2-DA35421D-9298-82E3D61ED362 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 seethe 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)). DocuSign Envelope ID:7D5595E2-DA35421D-9298-82E3D61ED362 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 DocuSign Envelope ID:7D5595E2-DA35421D-9298-82E3D61ED362 U.S.Department of Justice Office of Justice Programs s Office of the Chief Financial Officer Washington,D.C. 20531 September 27,2017 Mr.Don Clemmer Texas Office of the Attorney General PO Box 12548 Austin,TX 78711-2548 Reference Grant Number:2015-MC-FX-K049 Supplemental Budget Number:02 Dear Mr.Clemmer: I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category Prior Budget Supplemental Budget Total Personnel $511,510 $306,450 $817,960 Fringe Benefits $161,838 $106,392 $268,230 Travel $135,108 $44,870 $179,978 Equipment $0 $0 $0 Supplies $39,234 $17,950 $57,184 Construction $0 $0 $0 Contractual $134,164 $4,565 $138,729 Other $25,100 $1,275 $26,375 Total Direct Cost $1,006,954 $481,502 $1,488,456 Indirect Cost $0 $0 $0 Total Project Cost $1,006,954 $481,502 $1,488,456 Federal Funds Approved: $1,006,954 $481,502 $1,488,456 Non-Federal Share: $0 $0 $0 Program Income: $0 $0 $0 Match is not required for this program. 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 OJP. DocuSign Envelope ID:7D5595E2-DA35421D-9298-82E3D61ED362 If you have questions regarding this award,please contact: Program Questions,Lou Ann Holland,Program Manager at(202)305-2742 Financial Questions,the Office of 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, Leigh Benda Chief Financial Officer DocuSign Envelope ID:7D5595E2-DA35-421 D-9298-82E3D61 ED362 U.S.Department of Justice Office of Justice Programs R Office of Juvenile Justice and PAGE 1 of 13 Cooperative Agreement Delinquency Prevention 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2015-MC-FX-KO49 Texas Office of the Attorney General PO Box 12548 5.PROJECT PERIOD:FROM 07/01/2015 TO 09/30/2018 Austin,TX 78711-2548 BUDGET PERIOD:FROM 07/01/2015 TO 09/30/2018 6.AWARD DATE 09/27/2017 7.ACTION 2a.GRANTEE IRS/VENDORNO. 8.SUPPLEMENT NUMBER Supplemental 746000057 02 2b.GRANTEE DUNS NO. 806780789 9.PREVIOUS AWARD AMOUNT $1,006,954 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $481,502 Texas Office of the Attorney General Southern ICAC Task Force 11.TOTAL AWARD $1,488,456 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(OJJDP-MEC-ICAC Task Force-other than TTA or"HERO"veterans employment)Pub.L.No.115-31,131 Stat. 135,206 14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number) 16.543-Missing Children's Assistance 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 Don Clemmer Acting Assistant Attorney General Deputy Attorney General for Criminal Justice 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. PMCTGTO121 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X F MC 70 00 00 481502 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2(REV.4-88) DocuSign Envelope ID:7D5595E2-DA35-421 D-9298-82E3D61 ED362 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Office of Juvenile Justice and SHEET PAGE 2 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-MC-FX-KO49 AWARD DATE 09/27/2017 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 DOJ 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) DocuSign Envelope ID:7D5595E2-DA35-421 D-9298-82E3D61 ED362 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Office of Juvenile Justice and SHEET PAGE 3 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-MC-FX-KO49 AWARD DATE 09/27/2017 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 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) DocuSign Envelope ID:7D5595E2-DA35-421 D-9298-82E3D61 ED362 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Office of Juvenile Justice and SHEET PAGE 4 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-MC-FX-KO49 AWARD DATE 09/27/2017 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 htq)s://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) DocuSign Envelope ID:7D5595E2-DA35-421 D-9298-82E3D61 ED362 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Office of Juvenile Justice and SHEET PAGE 5 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-MC-FX-KO49 AWARD DATE 09/27/2017 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) DocuSign Envelope ID:7D5595E2-DA35-421 D-9298-82E3D61 ED362 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Office of Juvenile Justice and SHEET PAGE 6 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-MC-FX-KO49 AWARD DATE 09/27/2017 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) DocuSign Envelope ID:7D5595E2-DA35-421 D-9298-82E3D61 ED362 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-MC-FX-KO49 AWARD DATE 09/27/2017 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) DocuSign Envelope ID:7D5595E2-DA35-421 D-9298-82E3D61 ED362 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Office of Juvenile Justice and SHEET PAGE 8 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-MC-FX-KO49 AWARD DATE 09/27/2017 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) DocuSign Envelope ID:7D5595E2-DA35-421 D-9298-82E3D61 ED362 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Office of Juvenile Justice and SHEET PAGE 9 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-MC-FX-KO49 AWARD DATE 09/27/2017 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. 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. 26. Prior to the expenditure of confidential funds,the recipient and any subrecipients agree to sign a certification indicating that he 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$650 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. OJP FORM 4000/2(REV.4-88) DocuSign Envelope ID:7D5595E2-DA35-421 D-9298-82E3D61 ED362 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Office of Juvenile Justice and SHEET PAGE 10 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-MC-FX-KO49 AWARD DATE 09/27/2017 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 whole 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 OJP 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 subrecipients,contractors,and subcontractors(if any)all rights and data necessary to fulfill the recipients obligations to the Government under this award. If a proposed subrecipient, contractor,or subcontractor refuses to accept terns affording the Government such rights,the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 29. 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.htin(Award condition:Reporting Subawards and Executive Compensation),and are 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.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30. The Project Director and key program personnel designated in the 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 not limited to,a resume. OJP will not unreasonably withhold approval. Changes in other program personnel require only notification to OJP and submission of resumes,unless otherwise designated in the award document. 31. With respect to this award,federal(ands may not be used to pay cash compensation(salary plus bonuses)to any employee of the award recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the federal governments 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-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. OJP FORM 4000/2(REV.4-88) DocuSign Envelope ID:7D5595E2-DA35-421 D-9298-82E3D61 ED362 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Office of Juvenile Justice and SHEET PAGE 11 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-MC-FX-KO49 AWARD DATE 09/27/2017 SPECIAL CONDITIONS 32. The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during the entire period of support under this award.This report will include detailed information about the project(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 concerning 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 https://grants.ojp.usdoj.gov/. 33. The recipient agrees that it will submit quarterly financial status reports to OJP on-line(at https://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form(available for viewing at www.whitehouse.gov/omb/grants/standard forms/If report.pdf),not later than 30 days after 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 31,for the life of the award. These reports will be submitted to the Office of Justice Programs,on-line through the Internet at https://grants.ojp.usdoj.gov/. 35. ICAC Annual Reports The recipient agrees to submit annual reports to OJP that set forth the following: (A)The number of law enforcement agencies participating in Internet crimes 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 OJJDP in the operation of the project as well as the anticipated level of Federal involvement in this project. OJJDP'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. OJP FORM 4000/2(REV.4-88) DocuSign Envelope ID:7D5595E2-DA35-421 D-9298-82E3D61 ED362 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Office of Juvenile Justice and SHEET PAGE 12 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-MC-FX-KO49 AWARD DATE 09/27/2017 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 dates; 3)location of event; 4)number of federal attendees; 5)number of non-federal attendees; 6)costs of event space,including rooms for break-out sessions; 7)costs of audio visual services; 8)other equipment costs(e.g.,computer fees,telephone fees); 9)costs of printing and distribution; 10)costs of meals provided during the event; 11)costs of refreshments provided during the event; 12)costs of event planner; 13)costs of event 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 are paid or reimbursed with cooperative agreement funds: 1)meals and incidental expenses(M&IE portion of per diem); 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,then that portion of the expense does 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 4000/2(REV.4-88) DocuSign Envelope ID:7D5595E2-DA35-421 D-9298-82E3D61 ED362 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � I Office of Juvenile Justice and SHEET PAGE 13 OF 13 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2015-MC-FX-KO49 AWARD DATE 09/27/2017 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 of 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 OJP 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 through 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 OJP award or any other grant,cooperative agreement,or procurement contract from the federal government. Under certain circumstances,recipients of OJP awards are required to report information about such proceedings,through the federal System for Award Management(known as"SAM"),to the designated federal 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 OJP web site at https:Hojp.gov/funding/FAPIIS.htm(Award condition: Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated 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 OJP program office. If the recipient anticipates that it will not make a subaward under this award then,instead of submitting subrecipient monitoring policies and procedures,the recipient agrees that it must advise OJP 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 OJP program office has received,and OJP has reviewed and approved,the subrecipient monitoring policies and procedures,or(2)the OJP program office has received and considered the recipients 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 OJP grant manager in writing of any later change in its plan to make or not make a subaward under this award. OJP FORM 4000/2(REV.4-88) DocuSign Envelope ID:7D5595E2-DA35421D-9298-82E3D61ED362 ,- U.S.Department of Justice Office of Justice Programs Office ofJuvenile Justice and Delinquency Prevention Washington,D.C. 20531 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: 1)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 ID:7D5595E2-DA35-421D-9298-82E3D61ED362 U.S.Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I: Office of Justice Programs PROJECT SUMMARY Office of Juvenile Justice and $, Delinquency Prevention Cooperative Agreement PROJECT NUMBER PAGE 1 OF 1 2015-MC-FX-KO49 This project is supported under FY17(OJJDP-MEC-ICAC Task Force-other than TTA or"HERO"veterans employment)Pub.L.No.115-31,131 Stat.135,206 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) Lou Ann Holland Scott Henry (202)305-2742 OAG Grants Coordinator PO Box 12548 Austin,TX 78711-2548 (512)936-7946 3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS OJJDP FY 17 ICAC Task Forces Invited Applications ON REVERSE) 4.TITLE OF PROJECT Texas Office of the Attorney General Southern ICAC Task Force 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE Texas Office of the Attorney General PO Box 12548 Austin,TX 78711-2548 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 07/01/2015 TO: 09/30/2018 FROM: 07/01/2015 TO: 09/30/2018 9.AMOUNT OF AWARD 10.DATE OF AWARD $481,502 09/27/2017 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 National Internet Crimes Against Children(ICAC)Task Force Program,consists of State and local law enforcement task forces dedicated to developing effective responses to online enticement of children 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 are dedicated to addressing the goals of the task force;2)engage in proactive investigations,forensic examinations,and effective prosecutions of Internet crimes against children;3)provide forensic,preventive,and investigative assistance to parents,educators,prosecutors,law enforcement,and others concerned with Intemet crimes against children;4)develop multijurisdictional,multiagency partnerships and responses to Internet crimes against children offenses through ongoing informational, administrative,and technological support to other State and local law enforcement agencies,as a means for such agencies to acquire the necessary knowledge, personnel,and specialized equipment to investigate and prosecute such offenses;5)participate in nationally coordinated investigations in any case in which the Attorney General determines such participation to be necessary,as permitted by the available resources of such task force;6)establish or adopt investigative and OJP FORM 4000/2(REV.4-88) DocuSign Envelope ID:7D5595E2-DA35-421D-9298-82E3D61ED362 prosecution standards consistent with established norms,to which such task force shall comply;7)investigate,and seek prosecution on tips 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 CyberTipline,ICAC task forces,and other Federal,State,and local agencies,with priority being given to investigate leads that indicate the possibility of identifying or rescuing child victims,including investigative leads that indicate a likelihood of seriousness of offense or dangerousness to the community;8)develop procedures for handling seized evidence for ICAC task force lead agencies and affiliate agencies;9)maintain reports required by OJJDP and other reports and records as determined by the Attorney General;and,10)seek to comply with national standards regarding the investigation and prosecution of Internet crimes against children,as set forth by the Attorney General,to the extent such standards are consistent with the law of the State where the task force is located. "Phe Texas Office of the Attorney General(OAG)is responsible for 134 counties within the Southern Texas ICAC Region and covers a geographic area of responsibility with a population exceeding 10 million people.The Texas OAG recognizes the importance of expanding the capacity of the Texas OAG Internet Crimes Against Children(ICAC)Task Force.The Texas OAG ICAC will continue to improve task force effectiveness to prevent,interdict,investigate,and prosecute Internet crimes against children and technology-facilitated child exploitation by training internal and external ICAC personnel,as well as non-ICAC entities.An emphasis will continue to be placed on collaborating with external law enforcement and local and federal prosecutors for the successful investigation and prosecution of child predators.In addition,mental wellness training of investigators,supervisors and support staff 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 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. 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) 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 mus c� co a o AGENDA MEMORANDUM NCORPORPE 1852 Public Hearing and First Reading for the City Council Meeting of July 24, 2018 Second Reading for the City Council Meeting of July 31, 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 Special Permit Time Extension for a property at or near 7442 Wooldridge Road CAPTION: Case No. 0618-01 Dorsal Development, LLC.: Ordinance granting a time extension of the "RM-1/SP" Multifamily 1 District with a Special Permit on a property at or near 7442 Wooldridge Road. PURPOSE: The purpose of this item is to allow for the time extension of the approved Special Permit adopted in 2016. The project is a proposed 360 unit apartment complex. RECOMMENDATION: Planning Commission and Staff Recommendation (June 13, 2018): Approval of the requested Special Permit time extension for a period of 6 months. 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 Southside Area Development Plan (ADP). The proposed time extension of the "RM-1/SP" Multifamily 1 District with a Special Permit 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. 0618-01 Dorsal Development, LLC.: Ordinance granting a time extension of the "RM-1/SP" Multifamily 1 District with a Special Permit on a property at or near 7442 Wooldridge Road. WHEREAS, Dorsal Development, LLC. requested, prior to the initial special permit expiration date provided by Zoning Ordinance 030843, as shown in Exhibit "A" a 6-month extension of the 24-month special permit time limit initially approved, therein requesting a total time limit of 30 months; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Dorsal Development, LLC. (Owner"), for an amendment to the special permit time limit provided in Zoning Ordinance 030843; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 13, 2018, during a meeting of the Planning Commission, and on Tuesday, July 24, 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. That Zoning Ordinance 030843 is amended by adding a 6-month time extension to the 24-month special permit time limit initially approved, thus extending the total special permit time limit to 30 months. 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 in conflict with this ordinance are hereby expressly repealed. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (13.814 acres out of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts) and that are in conflict with this ordinance are expressly repealed. 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@6431 EF35\@BCL@6431 EF35.docx Page 2 of 2 Il I • I 1 Zoning Case #0618-01 Dorsal Development, LLC. Rezoning for a Property at 7442 Wooldridge Road City Council Presentation July 24, 2018 Aerial Overview �" 0 0 `Oaq US C/yA� i LL i ;ems r Aerial Overview ,r PROPERTY �•" +� , ��, � r i Aik < 'a' , Subject Property at 7442 Wooldridge Road It o 3 y,Q 4 hgge O Vicinity Map gOe�F � el �Q� o nSeE —I ��ircyFH ���r ppen5t'.etMap and Dont-6utare_ L ce-nse—(CC BY SACCommons) are ShAlike Zoning Pattern ED o i CSM=9CH4z 4 1981 RX- IN 1 �,^ 0 �I I pQOpC�L3DDQD D _ 0 �I IFQ %82 000 G��� FR Planning Commission and Staff Recommendation Approval of the Special Permit Time Extension Request for an additional 6 months. UDC Requirements r ; 4"N'47' % Buffer Yards: "RM-1" to °RS-6/4.5" r "° Type B: 10' & 10 pts. �� \yms� ���P r• Setbacks: Street: 20 feet "a Side: 0 feet (no adj. res.) Rear: 0 feet(no adj. res.) '. q Parking: 1 BR— 1.5 spaces/unit 2 BR—2 spaces/unit r 1 space/ 5 units—Visitors o a Landscaping, Screening, and Lighting Standards Uses Allowed: Single-Family r�kr> Homes, Duplexes,Apartments, and �P�� i Day Care Uses. Site Plan - ... � N �I I Y L L Lj ZLLII1 Il 11 1 LI II I a _T -T I I I II T-1--FLI s Public Notification 108 Notices mailed inside 200' buffer / 5 Notices mailed outside 200' buffer �� � <, Notification Area e � sa so QQ' e�y�TAQh RM-a 9' 9 V/ Opposed: 4 (1 .597%) suaJEcr _ PROPERTY T e e69 Sl _ 7 a -M s� 10] 96 55 5 Q JE]\ OQI In Favor: 0 R ° r 13'sa, ,oz s_s ss _z s1 s.By . NFR 3T Fe �\y / � / FN� ocr+�vnaneo��`sary VV „ 9 UDC Requirements r ; 4"N'47' % Buffer Yards: "RM-1" to °RS-6/4.5" r "° Type B: 10' & 10 pts. Setbacks: Street: 20 feet Side: 0 feet (no adj. res.) Rear: 0 feet(no adj. res.) UBfECT x'.-OPERTY v r � Parkin 1 BR— 1.5 spaces/unit 2 BR—2 spaces/unit r 1 space/ 5 units—Visitors ° a Landscaping, Screening, and Lighting Standards A Uses Allowed: Single-Family Homes, Duplexes,Apartments, and i Day Care Uses. PLANNING COMMISSION FINAL REPORT Case No. 0618-01 INFOR No. N/A Planning Commission Hearing Date: June 13, 2018 = Owner: Dorsal Development, LLC. ao Applicant: Dorsal Development, LLC. Location Address: 7442 Wooldridge Road cL Legal Description: Being 13.814 acres out of Lots 13 and 14, Section 27, Q°a Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, east of Rodd Field Road, and west of Ennis Joslin Road. Request: Special Permit Time Extension of 6 months. _ Area: 13.814 acres io Purpose of Request: To allow for time extension of the approved Special Permit adopted in 2016. Existing Zoning District Existing Land Future Land Use "RM-1/SP" Multifamily 1 Medium Density Site with a Special Permit Vacant Residential = m North "RS-4.5" Single-Family 4.5 Low Density Medium Density 'E ? Residential Residential i° Low Density Medium Density 0) CSouth "RS-6" Single-Family 6 Residential Residential _JLow Density Medium Density X East "RS-4.5" Single-Family 4.5 Residential Residential LU Vacant, Low, and West "RM-3" Multifamily 3 and Medium Density Medium Density "RS-4.5" Single-Family 4.5 Residential Residential Ca v, Area Development Plan: The subject property is located within the boundaries o of the Southside Area Development Plan and is planned for Medium Density 'a Residential uses. a o Map No.: 040032 Q > Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 780 feet of street frontage along Wooldridge Road which is designated as an "A2" ° Secondary Arterial Street. According to the Urban Transportation Plan, "A2" a N Secondary Arterial Streets can convey a capacity between 20,000 to 32,000 _ Average Daily Trips (ADT). L Urban Proposed Existing Traffic Street Transportation a°i Plan Type Section Section Volume L O N Wooldridge "A2" Secondary 1 00' ROW 66' ROW Road Arterial Street 54' paved 35' paved N/A Staff Report Page 2 Staff Summary: Request: The purpose of the request is to extend the time limit of the Special Permit for an additional 6 months. 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. Department Comments: • The applicant is requesting a time extension for the Special Permit that was issued on May 23, 2016. It has been two years since the approval and a complete building application has not been submitted as required per condition 8 of the adopted special permit. Therefore, a time extension is needed in order for the Special Permit to remain valid. • The applicant contends that due to difficulties and repercussions of Hurricane Harvey, he has experienced extreme difficulty in obtaining financing. Additionally, due to the after effects of Hurricane Harvey, there has been a shortage of available contractors. • The original application for a Special Permit was for the construction of a 360 unit apartment complex. The property was previously zoned "RM-1" Multifamily 1 District. Staff recommended denial of the change of zoning to the "RM-2" Multifamily 2 District that was requested. Planning Commission and Staff Recommendation (June 13, 2018): Approval of the requested Special Permit time extension for a period of 6 months. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 108 within 200-foot notification area 5 outside notification area 0 As of June 8, 2018: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 4 inside notification area — 0 outside notification area a Totaling 1 .597% of the land within the 200-foot notification area in opposition. Staff Report Page 3 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Special Permit Ordinance and Original Staff Report C. Request for Time Extension D. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0618-01 Dorsal Development,LLC.(Wooldridge)Time Extension\Council Documents= Report_0618-01 Dorsal Development,LLC..docx CG-2 ���i FR ITT" �Mq 13 RS-4.5 42 31 R S4.C7� �0/��106 63 98 8 7 (`tg%� 251 5 CN-1 74 9 99 32 5 C�qA VQ�83 91 72 66 0 92 9 89 6 OR�94 64 1 U 7510 65 78 48 �. 90 8 26 24 Q 27 760 ��� 8o�srgR 41 g3 105 yq 53 R 10 ,779 eOR 77 J RM-3 49 �V 40 38 QR SUBJECT 11 9 PROPERTY 19 352 37 36 2 101 68 57 87 R IVI-�1 SSP%16--03 17 33 18 61 30 RS ss 0 478 RT 44 2 Q 100 60 108 54 55 43 _358 O Q 731 07 Q� S R -6 85 •Q<eF 16 95 15 s9 SOV 46 R•7, •Cl 84 14 -v0O`.O 4 20 �4O R 45 52 RjOGF 62 12 51 67 i RS-6 Ia RS-6 39 krrc yFNF FR R$ Date Created:5/25/2018 0 400 80 Prepared By:Joanna Scott Feet Department ofDevelopment Services CASE: 0618-01 ZONING & NOTICE AREA Cdyo OQ�O so RMA 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 ATv� RS-6 Single-Family 6 Q CNA Neighborhood Commercial RS-4.5 Single-Family 4.5 tiP CN-2 Neighborhood Commercial RS-TF Two-Family y yo<<y CRA Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate moo, CG-1 General Commercialo<o TH Townhouse SUBJECT CG-2 General Commercial SP Special Permit c CI Intensive Commercial CB2 PROPERTY D Downtown Commercial RV Recreational Vehicle Park RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural QO Cayo Del oso H Historic Overlay BP Business Park 41C 715 Subject Property Owners Y Oyu oy�. Clty Of with 200'butter O in favor S O f e COI'pUS 4 Owners within 200'listed on V Owners LOCATION MAP]-,T o,, AR,eFvy CI1T 1St1 attached ownership table /%in opposition ftp �R Ordinance amending the Unified Development Code ("UDC"), upon application by Alex Azali on behalf of Dorsal Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Alex Azali on behalf of Dorsal Development, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map, WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 6, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the requested "RM-2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit with a modification to the Special Permit conditions to prohibit balconies on any building from facing adjacent single-family development, and on Tuesday, May 10, 2016, 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 by Alex Azali on behalf of Dorsal Development, LLC ("Owner'), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive (the "Property"), from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 'District with a Special Permit in accordance with the Staff Recommendation (Zoning Map No. 040032), 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 description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following conditions: 1. Uses: All uses allowed in the "RM-1" Multifamily 1 District. 2. Density: The maximum density shall be 26.61 units per acre. '} 30843 3. Height: The maximum height of any structure shall not exceed 3 stories or 45 feet, whichever is most restrictive. 4. Balconies: No balcony on the most northern buildings shall face adjacent single- family development. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height in the parking area where north and east property lines are abutting single-family development. 6. Solid Waste Containers: No solid waste container shall be installed within 50 feet of the property lines adjacent to single-family development. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. Time Limit: The Special Permit shall expire in 24 months after approval of this ordinance unless a complete building permit application has been submitted. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 3 The foregoing,ordinance was read for the first time and passed to its second reading on this the a ay of U 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza o Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The forego.n rdinance w s read for the second timq and passed finally on this the ay of , 20 by the following vote: Nelda Martinez Brian Rosas ow, Rudy Garza Lucy Rubio (40, - Michael Hunter Mark Scott ob Chad Magill Carolyn Vaughn Colleen McIntyre ajq,�e� � PASSED AND APPROVED this the 11-dayof 20 . ATTEST: gebecca Huerta Nelda Martinez City Secretary Mayor EF�.c,C I I VE bATE Ordinance—Special Permit-Staff Recommendation 030843 3n843 Page 3 of 3 MURRAY BASS,JR.,PX,"1-' 3054 S.ALAMEDA.ZIP 79404 NIXON M.wa6Sa,P-F-"i-S 361 882-5521—FAN 361882-1265 ww+p else-+velsh.eam e-mail:murrA.V1701el.ee1; e-mail:n1linwaaol.aom BASS &WELSH ENGINEERING + Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 300027-00 P.D. Box 6397 Corpus Christi,TX 784666397 December 14,2015 SPATE OF TEXAS § COUNTY OF NUECES § Description of an 13.814 acre tract of land,more or less,a portion of Lots 13 and 14,Section 27,Flour Bluff and Encina1 Farm and Garden Tracts, a map of which is recorded in VDlumc 'A%Pagcs 41—43, Map Records,Nueces County,Texas,said 13.814 acre tract as further described by mutes and bounds as follows: BI {rDEM4G at the westernmost corner of Morningstar Estates Unit 3, a map of which is recorded in Volume 67,Pages 329 and 330,said map records,said beginning point for the northernmost wrier of the tract herein described; THENCE along the a went central boundary line of said Morningstar Estates Unit 3 S61'22'51'E 375.10'to a point for the northernmost cast corner of the tract herein described and southernmost corner of Lot 26, Illock 5,said Morningstar Estates Unit 3; TIILhNCE along a southwest boundary line of said Morningstar Estates Unit 3 S28'464M 324AT to a point for central interior corner of the tract herein described and westernmost corner of Lot 18,said Block 5, Morningstar Estates Unit 3; THENCE along a southwest boundary Tine of said Morningstar Estates Unit 3 and along a west central boundary line or Morningstar Estates Unit 2,a map of which is recorded in Volume 66,Pages 75 and 76,said trap records, S61'22'51"E 400.40'to a point for the northwest comer of Lot 11,Black 5,said Morpingrtar Estates Unit 2 and eastcmmost corner of the tract herein described; THENCE along a southwest boundary line of said Morningstar Estates Unit 2 52nTOM 618.5T to a point far the southernmost corner of the tract bercin described and northeasterly right of wap comer of Wooldridge Road; THENCE along the northeast right-of-way line of said Wooldridge Road,being along a line 36.75'northeast of and parallel to the centerline of said Wooldridge Road, N61'21'24'W 776.84' to a point for the westernmost comer of the tract barein desmbed in the southeast boundary line of The Farrua Mall,Block 1, Lot 2R,a map of which is recorded in Volume 53,Page 115,said map records; THENCE N28"4649TG 943.19'along said southeast boundary line of The Forum MaU,Block 1,Lot 211 and along the southeast boundary line of George Estates,a map of which is recorded in Volume 68,Pages 456 and 457,said map records,to tate POINT OF BEGINNING, a sketch showing said 13.814 acre tract being attached bereto as Exhibit"B". OF b Fi r Mrd~� Nlmn M.Welsh,FLP2Z. .i us,� •r r Hao M.wlxsrli euirkwi22t Yi Page 1 of 1 ¢' q � F,(,T q, ti4 �~ 4]f a l to qj ti ♦ 4 o PROPOSED TRACT, 13.814 A( !. n S EF CT, �. ` SECT 17 b ho• AZ QV 4. 0 f00' 200' 400` c'1 tx - FB f _ � SCALES 1'= 200' EXHIBIT "S" SKETCH TQ ACCOMPANY_METES AND BOUNDS DESCRIPTION BASS AND WELSH ENGWEERRIG 1'-200' coRpUs cHRmn. Tx SURVEY REM N0. 100027-00. TX EWGWEERING REG. NO. F-52, EX9-ZONM. J08 NO. 15054. SCALE- t' - 240' PLOT SCALE SaU L P{Dr DATF- 12/14/15. %M 1 OF 1 STAFF REPORT Case No. 0316-02 HTE No. 16-10000003 Planning Commission Hearing Date: April 6, 2016 = Applicant/Owner: Alex Azali/Dorsal Development, LLC ca ° Legal Description/Location: Being a 13.814 acre tract of land out of a .� portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and J Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. }, From: "RM-1" Multifamily 1 District _ To: "RM-2" Multifamily 2 District 'E s Area: 13.814 acres N Purpose of Request: To allow for the development of a 360-unit multifamily project. Existing Zoning District Existing Land Future Land Use Site "RM-1" Multifamily 1 Vacant Medium Density = Residential Low Density Low Density _ North "RS-4.5" Single-Family 4.5 Residential Residential '_ 0Low Density Low Density South "RS-6" Single-Family 6 C Residential Residential = J T East "RS-4.5" Single-Family 4.5 Low Density Low Density w Residential Residential "RS-4.5" Single-Family Low and Medium West 4.5 and "RM-3" Multi- Vacant Density Residential family 3 Area Development Plan: The subject property is located within the 06 boundaries of the Southside Area Development Plan and is planned for CL r_ medium density residential uses of up to 22 units per acre. The proposed M ° rezoning to the "RM-2" Multi-family 2 District which allows 30 units per acre is a o not consistent with the adopted Future Land Use Map because of the Qproposed increase in density. Map No.: 040032 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately L 0 775 feet of street frontage along Wooldridge Road, which is designated as a CL N proposed A2 Secondary Arterial Divided street. _ ca Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Volume Plan Type O Section Section Wooldridge "A2" Secondary 1 00' ROW 66' ROW N/A Road Arterial Divided 54' paved 35' paved L N Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District which would allow an increase in density from 22 units per acre to 30 units per acre. Development Plan: The applicant requests a rezoning to develop a multifamily project with approximately 360 units. The proposed density is 26.51 units per acre. A site development plan was submitted for review and is attached hereto. Existing Land Uses & Zoning: The subject property is zoned "RM-1" Multifamily 1 and is vacant. North and east of the subject property is zoned "RS-4.5" Single-Family 4.5 and consists of low density residential neighborhoods. To the south is zoned "RS-6" Single-Family 6 and also consists of a low density neighborhood. To the west of the subject property is a developing low-density residential neighborhood in the "RS-4.5" Single-Family 4.5 district and, an assisted living facility in a "RM-3" Multifamily 3 district. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is not platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RM-2" Multifamily 2 District is not consistent with the adopted Future Land Use Map's designation of the property as medium density residential nor is it consistent with the Southside ADP. Additionally, the following policy statements are applicable to this application and warrant consideration. - Comprehensive Plan Residential Policy Statement G: Design considerations for the proposed development should consider proximity to the adjacent single- family residential or low-density residential by limiting building height, providing screening fences or landscaping, building setbacks and other techniques to create an appropriate transition. - Comprehensive Plan General Policy Statement D: New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. Staff Report Page 3 - Comprehensive Plan Residential Policy Statement H: Encouraging infill development on vacant tracts within developed areas. - Comprehensive Plan Land Use Policy Statement F: The density of development in an area should be directly related to the design capacity of the infrastructure. - Comprehensive Plan Residential Policy Statement A: Each neighborhood of the City shall be protected and/or improved so as to be a desirable and attractive residential environment. - Comprehensive Plan Residential Policy Statement E: High density residential development (more than 21 units per acre should be located with direct access to arterials. - Southside Area Development Plan Policy Statement B.1: Providing for a compatible configuration of activities with emphasis on accommodation of existing zoning patterns and the protection of low-density residential activities from incompatible activities. Department Comments: • The proposed rezoning to "RM-2" Multifamily 2 District is not consistent with the Comprehensive Plan Future Land Use Map which designates the property as medium density residential. • The "RM-1" Multifamily 1 District permits a density of 22 units per acre while the "RM-2" Multifamily 2 District permits a density of 30 units per acre. • The density proposed is 26 units per acre which is more than the "RM-1" Multifamily 1 District allows, but less than the "RM-2" Multifamily 2 District allows. • The existing zoning designation of "RM-1" was approved in the late 70's or early 80's and might be evaluated differently today given development patterns in the area. • The site plan submitted for review has been analyzed to determine the potential impact of the increase in density, especially with regards to building height and setbacks from existing single-family uses. • It is staff's opinion that the proposed rezoning, without appropriate design considerations, may negatively impact the surrounding residential properties, therefore, an increase in density is best considered via a Special Permit. Zone Map Amendment and Special Permit Review Criteria: The Zone Map Amendment Review Criteria set forth in UDC Section 3.3.5 and the Special Permit Review Criteria set forth in UDC Section 3.6.3 B have been reviewed and Staff finds the rezoning to be largely in accordance with said criteria. Applicable criteria includes the following: Staff Report Page 4 • The use is consistent with the Comprehensive Plan (albeit a modest increase in density) • Taking into account the proposed Special Permit conditions, the use is compatible with surrounding uses. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • The use does not substantially adversely affect adjacent uses. • The use does conform in all other respect to regulations and standards in the UDC. • The development provides ample off-street parking. Staff Recommendation: Denial of the change of zoning from the "RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning to the "RM- 1/SP" Multifamily 1 District with a Special Permit, subject to a site plan and the following Conditions: 1 . Uses: All uses allowed in the "RM-1" Multifamily 1 District. 2. Density: The maximum density shall be 26.51 units per acre. 3. Height: The maximum height of any structure shall not exceed 3 stories or 45 feet, whichever is most restrictive. 4. Balconies: No balcony on the most northern buildings shall face adjacent single- family development. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height in the parking area where north and east property lines are abutting single-family development. 6. Solid Waste Containers: No solid waste container shall be installed within 50 feet of the property lines adjacent to single-family development. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. Time Limit: The Special Permit shall expire in 24 months after approval of this ordinance unless a complete building permit application has been submitted. Staff Report Page 5 Number of Notices Mailed — 108 within 200-foot notification area 2 outside notification area 0 As of March 30, 2016: In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 3 inside notification area — 0 outside notification area a Totaling 1 .54% of the land within the 200-foot notification area in opposition. Attachments: 1 . Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0316-02 Alex Azali(Dorsal Dev.)\PC Documents\Report for PC_0316-02 Alex Azali.docx RM- 1 CG- 2 RS-4. 5 R 42 s3 13 v 81 31 Q N 106 98 Q o CN- 1 29�— 25 74 '$ 7 °a M 82 91 M 89 69499►M M h 92 72 M M —•32 M Q 83 64 9 N _ M 66 104 ry 5 6 "' M 94� 26 65 7510 N N�� M m — 78 N 24 Q 90 M N 41 Q 27 ^M 50 Q�I'80m n e S�'qR q "° n M 105 oQ, hfgRe N ry N � RM-3 38 N �L� o 49 X40 " Ln N M N Q N R n 23 M 0 " 1937 � 1 1161 68 57 I/Ip /c 17 0 33 n PROPER/TY � 20 $8M gVSo Q o, 47." .R -4 . 5 0 1F 56 n 70 F .100 M 60mrn °~ m 21e o. � Q �Q73^M m a� n Q t 85 N�4 58 GI ro t n a � hh� p`5/ to M Q 34� �, m 3 Ln •. t Rrq Ln 20 Q Q `I Ln �trt 0/ n Ill Q ry n co C� M R I? wp 62 N �A'4co �Q " O<r q12 Rrs39 H M 24- C N M ML— KIP M N co �^ co C N HFHFR S ryw A N FR m Date Created:31312016 n0 �" 8 F ee t �� " Department of Devi etop ent S rvices M M N Q CASE: 0316-02 ZONING & NOTICE AREA CayoO, Oe RMA Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial 2 RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 y Q RM-AT Multifamily AT RS-6 Single-Family 6 Qv� SUBJECT CN.1 Neighborhood Commercial RS-4.5 Single-Family 4.5 ti PROPERTY CN-2 Neighborhood Commercial RS-TF Two-Family y y�<<y RS-15 Single-Family 15 CRA Resort Commercial / CR-2 Resort Commercial RE Residential Estate h'p. CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park �9 CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural o Cayo Del oso H Historic Overlay N ,1_ BP Business Park _ W E /\G�F� aSubject PropertyO Owners y� Clty Of with 200'buffer in favor �0 COlpUS 4 Owners within 200'listedon V Owners LOCATION MAP Christi attached ownership table V in opposition --------- --_ -pG ry - J '` o w aoz IT 13 IT 3oG< s za J �oIT .�ao Mwz�a m�o Y -- L----------- a7s.io,— --- ---� _ 15 U1 I z H4 p 1 NIN ail EITAT11 III 6. P. Te. M.n. N SPae —— LP, x Pn N p x Mo a,E7 TILa. M.n. n-T, 15 TE 7 c s m J �I BLDG TYPE 2, 150.67' X 70', = m 12 1BR & 12 2BR � M N III m 12 a h Y 12 Q } a oil IY24 GARS V w w S a U IT F M BLDG TYPE 3, 172.17 7 X 0 2 2 BP ' 4 w J � N III � o O „d \ 2 R 4 R As 0dDB 3901210TDOM T3� • REZONING APPLICATION >% Case No.: 0316-02 Map No.: 040032 c 0 PC Hearing Date: 3/23/16 Proj.Mgr: N Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Development services Dept. a► Hearing Time: 5:30 P.M. P.O.Box 9277 v Corpus Christi,Texas 78469-9277 I •A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER NEARING. (361)826-3240 0' •INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Located at 2406 Leopard Street 1. Applicant: Alex Azali Contact Person:Alex Azali Mailing Address:POB 8155 City corpus Christi Stater zip,78468 Phone: 30688-8000 E-mail Cell: 3( 6 1 )688-8000 . 2. Property Owner( ): Alex AzalBacCri ARP 2-01 t.Le— Contact Person:Alex Azali Mailing Address:POB 8155 City.corpus christi State: ZIP,78468 Phone: 3( 61 )688-8000 E-mail: .. Cell3( 61 )688-8000 3. Subject Property Address- Lt 13&14 flour bluff Tracts Area of Request(SF/acres): 13.814 Current zoning&Use RM-1 Proposed Zoning&Use: RM-2 1 12-Digit Nueces County Tax ID-.4 3 5 1_-10"t1&'1"^ 0 1 6 0 ? =- -7(,O'7 A?,*La ( �.rCin Ya_I+,t 7 .14 Cine 'tSubdivision Name: � L...f /fes -R,-_I_ _ Block: Lof(s) Legal Description if not platfea Lt13&14 flour bluff tracts sect 27 and encinal farm &garden tracts 4. Submittal Requirements: ■❑ Early Assistance Meeting: Date Held ;with City Staff ❑ Land Use Statement ❑ Disclosure of Interest ❑Copy of Warranty Deed IF APPLICABLE: ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit ❑ Metes&Bounds Description with exhibit if property includes un-platted land(sealed by RPLS) ❑ Lien Holder Authorization ❑Appointment of Agent Form if landowner is not signing this form I certify lha I have provided he City orpus Christi with a complete application for review;that I am authorized to initiate this rezoning s r on b If of the Property Owner(s);and the information provided is accurate. Owner or Agent's Signature Applicant's Signature Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 7 l 47 Received By _ i ADP: SS Rezoning Fee 197650 +PUD Fee 0 +Sign Fee 10.00 =Total Fee 1986.50 No. Signs Required 1 @$10/sign Sign Posting Date: K%MVELOPMENTSVC.ISHAREEXAND DEVeLOPMENTIAPPLICATION FORMSIREZONIRWONING APPLICATION 2016 DOC Form Revised 511 212 01 5 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), buildings)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Need rezoning for multifamily use . Identify the existing land uses adjoining the area of request: North - South - East - West C:UISERSITANYAR.000%DESKTOPVAILY USFIANNIKAILAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS i' • I City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME. Dorsal Developement LLC STREET: POB 8155 CITY: corpus christi ZIP: 78468 FIRM is:0 Corporation OPartnership OSole Owner 0Association 00ther DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department(if known) NIA NIA 2. State the names of each 'official" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Title NIA NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee NIA NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NIA NIA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Alex Azall Title: Owner (Print Name) Signature of Certifying Person: Date: MDEVELOPMENTSVMSHAREDILAND DEVELOPMENPAPPLICATION FORMSIRETONINGUSCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC li �I MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA,ZIP 78404 NIXON M. WELSH, P_E.,R-P.L.S. 361 882-5521-- FAX 361 882-1265 www.bass-welsh.com e-mail: murravir@aol.com e-mail: nixmw(y)aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 RM-2 Zoning Tract December 14,2015 STATE OF TEXAS § COUNTY OF NUECES § Description of an 13.814 acre tract of land,more or less, a portion of Lots 13 and 14,Section 27,Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 — 43, Map Records,Nueces County,Texas,said 13.814 acre tract as further described by metes and bounds as follows: BEGINNING at the westernmost corner of Morningstar Estates Unit 3, a map of which is recorded in Volume 67, Pages 329 and 330, said map records, said beginning point for the northernmost comer of the tract herein described; THENCE along the a west central boundary line of said Morningstar Estates Unit 3 S61°22'51"E 375.10'to a point for the northernmost east comer of the tract herein described and southernmost corner of Lot 26, Block 5,said Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 528'46'49"W 324.95'to a point for central interior corner of the tract herein described and westernmost corner of Lot 18, said Block 5, Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 and along a west central boundary line of Morningstar Estates Unit 2,a map of which is recorded in Volume 66,Pages 75 and 76,said map records, S61°22'51"E 400.00' to a point for the northwest corner of Lot 11, Block 5, said Morningstar Estates Unit 2 and easternmost comer of the tract herein described; THENCE along a southwest boundary line of said Morningstar Estates Unit 2 528'37'09"W 618.57'to a point for the southernmost corner of the tract herein described and northeasterly right-of-way corner of Wooldridge Road; THENCE along the northeast right-of-way line of said Wooldridge Road,being along a line 36.75'northeast of and parallel to the centerline of said Wooldridge Road, N61°21'24'W 776.84' to a point for the wcstcrrunost comer of the tract herein described in the southeast boundary line of The Forum Mall,Block.1, Lot 2R,a map of which is recorded in Volume 53,Page 115,said map records; THENCE N28°46'49"E 943,19' along said southeast boundary line of The Forum Mall,Block 1,Lot 2R and along the southeast boundary line of George Estates, a map of which is recorded in Volume 68, Pages 456 and 457, said map records, to the POINT OF BEGINNING, a sketch showing said 13.814 acre tract being attached hereto as Exhibit"B". v � � Nixon M.Welsh,R.P.L.S. i s NIX69 K WELM d1M tY ai •' Yo e ' EXHIBIT «A, Page 1 of 1 M 2 �RNIN G 61 ti°y 330�Mrr .Zo 'Z o AAT' `a1 q, b 'y p 3 &ab Z rh Q- ti 4 ° Oti Co ti PROPOSED RM-2 ZON)} G TRACT, 13.814 AC! f� FB & EFGT, b'-i SECT/4' �o h C�� 0 100' 200' 400' SCALE; 1'= 200' EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1"=200' BASS AND WELSH ENGINEERING CORPUS CHRIST], TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB NO. 15054, SCALE: 1" = 200' PLOT SCALE: SAME, PLOT DATE: 12/14/15, SHEET 1 OF 1 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 incaoacidadest ue tienen la intention de asistir a esta Junta y que re uieren servicios es eciales se les su lica gue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diri irse a la commission durante la 'unta v su in les es limitado favor de Ilamar al de artamento de servicios de desarrollo al numero 361 826-3240 al menos 48 horas antes de la •unta Para solicitar un interprete ser presente durante la iunta. �- -- - CITY PLANNING COMMISSION PUBLIC HEARING NOTICE MAR 17 2016 Rezoning Case No. 0316-02 DEVELOPMENT SERVICES SPECIAL SERVICES Alex Azali has petitioned the City of Corpus Christi to consider a vhange of zoning-from -the- "RM-1" the"RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District, resulting in a change to the Future Land Use Map from medium to high density residential uses. The property to be rezoned is described as: -- Being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to l C�i G®�� The public hearing will be held on Wednesd"- arch.23,2016, during n one of the Planing i s regular meetings, which begins at 5M'0-'07M-.:-TF-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 ay-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in-person, by telephone tail or by letter. Printed Name: L82CMILZ Address: r4lZ tJ4IZ I2 �- City/State: 70te( X5 ( } IN FAVOR ?(1 IN OPPOSITION Phone: Sty - �s� X REASON:_;-1)14 Id /� h-1I)Z f�>t 7 all 0 yet k sfr� � to aid ,S'dppa�e- - 0 IS rn� lex 3. �a r� ' ` 24w lr-. f Signature SEE MAP ON REVERSE SIDE Property Owner ID:8 Case No.0316-02 FETE#15-10000003 Project Manager:Dolores Wood r , Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas con incapacidades, Que tienen la intention de asistir a esta juntay clue reguieren servicios especiales, se fes suplica que den aviso 48 horas antes de la junta Ilamando al de artamento de servicios de desarrollo al numero 361 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la Junta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero(361) 826-3240 al menos 48 hor_as antes de la iunta Para solicitar un interprete ser presente durante la junta. - -- - - CITY PLANNING COMMISSION PUBLIC HEARING NOTICE MAR 17 2016 i Rezoning Case No. 0316-02 DEVELOPMENT SERVICES SPECIAL SERVICES Alex Azali has petitioned the City of Corpus Christi to consider a ❑f-- mritrq-ffvrrr-tri "RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District, resulting in a change to the Future Land Use Map from medium to_high density residential uses. The property to be rezoned is described as, Being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a re a City Council.The public hearing%yijl March 23,2016, during one o g Commission's regular meetings, wYiM"d ?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. NO'T'E: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office, or in_person, by telephone call or by letter. Printed Name: ' /' Address: � �,` � ,� r I W O' (State: `1 f fO&A—Cel ( ) IN FAVOR OPPOSITION Phone:,�(eI-5}q9-25-6 REASON: T�e- Ptop.P.tb Uabp- in oar )-v me., Yes `l. �I �jAUt ldfs df rmJ. no-4 -re- �br )61 ds . p�� ,t ens p/eX 1� W14 boo" ���a� 11z;� ��Sp��S �t� �ihy P /C , `-A4.5 a very pU pe �, __l-1 - h0� Signature 0,3-13- Property MAP ON REVERSE SIDE ^ - !� W Property Owner to:36 `]'��j f��i.K- Case No.0316-02 HTE#16-10000003 // (l' " Project Manager:Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas con incapacidades, ue tienen la intension de asistir a esta iunta y que re uieren servicios es eciales se les su lica que den aviso 48 horns antes de la junta II ame+ido al deQai1amento de servicios de desarrollo. al niirnerd (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 iuntay su ind6s es limitado, favor de Ilarnar al : departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas_antes de la iunta_para sol idtar rete ser oresente d177Ne! Junta. MAR 2 2016 CITY PLANNING COMMISSION PUBLIC NEARING NOTICE DEVELOPMENT SERVICES Rezoning Case No. 0316-02 SPECIAL SERVICES A ex Azali hhas petitioned the City of Corpus Christi to consider a change of zoning from the "RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District, resulting in a change to the Future Land Use Map from medium to high density residential uses. The property to be rezoned is described as: Being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendeLtjn�n4uncil.The public hearing will be held .e arch 23 2016 during one of the P n Ission's regular meetings, which begin a 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 MIST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in-person, by telephone call or by letter. Printed Name: 6YYa1(1 y (l �-) 1Vy)s Address: 14(e/ yfa r !-h'r'-1z Y— CitylState: l` { ) IN FAVOR f-A IN OPPOSITION Phone: 13 REASON:,-k, I�1� �yJ YlC)C)v AO-M Y-ki- V\0,-C�C 2. s c Ras v +Y�c s � ►n ��� � � �, P P� �v\z' ( t1 .�0 �-E-�'et'✓{�� LAJ(a Sf�f ig ature SEE MAP ON REVERSE SIDE Property Owner ID.9 / Case No.0316-02 HTE#16-10000003 i f n Project Managere.Dolores Wood While I cannot speak for all of my neighbors,those conversations I have had with them lead me to several conclusions regarding the rezoning request:though not opposed to a high density multi-family development in this area in the future,my neighbors and I would prefer to see the infrastructure built to support such a development prior to any rezoning for several reasons. First, per the Unified Development Code, RM-2 zoning permits 30 residents per acre. Given that the subject property is 13.814 acres,this would deposit at least 400 new residents In to the middle of a small residential neighborhood. While the slight widening of Wooldridge Road and addition of a turning lane from Rodd Field to Quebec has helped with traffic,the opening of Adkins Middle School has brought more traffic in to an area with few ways out. With the Oso Wetlands Preserve opening and more homes being built every day,traffic Is a growing problem in this area. Second,while Wooldridge Road between Rodd Field Rd.and Cimarron is a four-lane classified as an arterial (as of the 1987 Southside Development plan), Wooldridge Road between Rodd Field and Ennis Joslin is a two-lane farm road with wastewater ditches on either side. Those ditches,thanks to the recent rains,are overflowing stagnant water over the sidewalks that were only recently added thanks to concerned parents of Adkins Middle School students. Third, Holly Road between Paul Jones and Rodd Field is in dire need of repairs,especially with the increased traffic to and from Adkins Middle School and the new development there. As one of the only other ways out of this neighborhood, hemmed in as we are by the Cayo del Oso and dead-end developments,it is growing rapidly overused. While the completion of Ennis Joslin between Holly Road and South Padre Island Drive was approved in the last bond election, it is not yet started and is even further from being complete. Holly, like Wooldridge, remains a two-lane farm road with wastewater ditches on either side. Fourth,most if not all of the homes surrounding the subject property are single-story family homes. A high density apartment development two to three stories high would be out of place in the area. While we don't have the particulars of any proposed development on the site,this would be a concern for the neighbors of the subject property.Assurances that the development plan includes cottage-style single story homes(or similar)would assuage the concerns of the neighbors on this point. Lastly,in times of severe weather,the subject property collects,filters,and absorbs much of the rain water;twice last year the run-off from it was so great that Gold Star Drive was flooded through the yards of homeowners. Replacing this natural collector/processor with a vast sea of concrete for"high density" parking,though we're sure it would be properly graded and designed,makes the neighbors worry about a higher possibility of water damage. I would happily reconsider my opinion on this rezoning request&subsequent development if presented with an action plan that addresses the points addressed in this letter. Thank you, *nd MAR 2 s 2016 ID DEVELOPME:N f b!_RVICES SPECIAL SERVICES Andrew Dimas [DevSvcs] From: Miguel S. Saldana <msaldana6476@gmail.com> Sent: Wednesday, May 09, 2018 11:49 AM To: Andrew Dimas [DevSvcs] Cc: Joe Garcia; Greg Collins Subject: Extension of Special Permit Time Extension Follow Up Flag: Follow up Flag Status: Completed Good Afternoon Andrew: Thank you for finding the time to meet with me this morning. As per Section 3.6.7. of the Unified Development Code, I am requesting a 6-month time extension on the Special Permit for Dorsal Development- Alex Azali (Ordinance 4030843). The Special Permit is due to expire on May 17, 2018. Section 3.6.7. states that the request must be submitted before the Special Permit expires. The developer has had a difficult time getting financing and lining up contractors for bids. The reason he is being given is that due to Hurricane Harvey, the banks have been inundated as well as the contractors and engineers. Please schedule this request to the City Council as quickly as possible. Thank you for your time and consideration. Sincerely, Miguel S. Saldana, A.LC.P. dba Saldana Consulting (361) 443-1070 msaldana64762gmail.com i Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con incapacidades, ue tienen la intenci6n de asistir a esta iunta v Que re uieren servicios es eciales se les su lica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su inales es limitado, favor deIlamar al departamento de servicios de desarrollo al numero (361)826-3240 al mends 48 horas antes de la junta Parra solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0618-01 Dorsal Development. LLC. has petitioned the City of Corpus Christi to consider a Special Permit Time Extension Request for an additional 6 months. The property to be rezoned is described as: 7442 Wooldridge Road and being 13.814 acres out of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, east of Rodd Field Road, and west of Ennis Joslin 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, June 13, 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-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, byte lephone call or by letter. Printed Name: [je 6�_ rr Address: 7 WO aul of �Q City/State: _ t Ck ' ( } IN FAVOR (l} IN OPPOSITION Phone: REASON: � eUe tfi t I c S�� [� v''�r[1 co It f� . -,v OCA II Sign ture SEE MAP ON REVERSE SIDE Case No.061 B-01 INFOR Case No. NIA Project Manager: Andrew Dimas Property Owner ID. 6 Email:andrewd2@cctexas.com + ' U S.POSTAGE})PITNEY BOWES City of — e...s Christi Development Services Dept. _ P.O.Box 9277 Corpus Christi,Texas 78469 { 02 781401 $ 000.47° 0000340617JUN 01 2018 6 540600010360 GARZA DANIEL ND WFE SARA GARZA 490 STAR HARBOR ORPUS CHRISTI,TX 78414 R 0. A- Qq CN-1 � baa y 4 SUBJECT PROPERTY 4Ve � JfFC�T �r� OQ, R .0 'Q i Ot�Rl '01 r 4 F syr T{ Fft ST sal Af` y a..c.jaw e � •��-� o CASE: 0618-01 I — SUBJECT PROPERTY WITH ZONING f ElsuobrJ RY, MumlmR dT I IL LWM a.d.01.1 t 11M.2Y.M."y2 IN q..ry br 1..- 10-1 Y.'.UY1M7F 7 Poo ►&Mn D".U.h o .overt! OM PI.Ie.fleru,olll.e R3.10 fnpt F—"I* J RM AT MIMPSMY,AT R7.4 am m-r—"' f CRI q.gro.m..acmr..,.w Rias llwl..irnar s 1 SUBJECT c11 E Y.groanme ce„m.cl.l RR.Tr Twe P.mlry PROPERTY cR.1 R...lcem..>v.l Ra.0 s.ngt.r-dy 11 i CR1 Reaal ComR.RLi RE —hoR CA' R-1. CammfIG1I C0.3 G_YC—.U.1 $ Y SWF 0-4 `� 9 GN PIO•.f CI Inbn.Iw C-1.1 RV R....R.r,.l Vokt Pr► CRO 0R1.nRl.rn ca. —w RYII Y.nr--i CR-f "..ortcemmerc.1 .q Farm Runl M g0.d" • �'+�� (,Ii�7Uti aP 11=..r+r1 LOCATION MAP, +4� "*.q C'ilrlsli 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. Personasconincapacidades, nue tienen la intencidn de asistir a esta juntay Que renuieren servicios especiales, se les suplica Que den aviso 48 horns antes de la junta llamando al departamento de servicios de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la iuntay su inQles es limitado. favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interorete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0618-01 Dorsal Development, LLC. has petitioned the City of Corpus Christi to consider a Special Permit Time Extension Request for an additional 6 months. The property to be rezoned is described as: 7442 Wooldridge Road and being 13.814 acres out of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, east of Rodd Field Road, and west of Ennis Joslin 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, June 13, 2018;during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name2/1" 7L �/' Address:2 1-)�t L lh*U071. �IZ City/State: /2 >1f)() 0112&4: /zow ( ) IN FAVOR KIN OPPOSITION Phone:' _ - aId �- * REASON: T ► '"`�Lt �` tzlG� '�} ��l�j /�-�`? h P �fN Po Ste►as L � 4,-l4Wie/0 Signature SEE MAP ON REVERSE SIDE Case No. 0618-01 INFOR Case No.: NIA f 1p& n�C� l) I�'in Project Manager;Andrew Dimas Property Owner ID:8 /p11 1 _ I Email; andrewd2@cctexas.com City o, _ Christi t y� Development Services Dept. $ 000.47° P.O. Box 9277 02 78401 Corpus Christi,Texas 78469 0000340617 JUN 01 2018 8 540600010420 r, e�'�e� FOX MARGARET !`CG 7466 STAR HARBOR DR CORPUS CHRISTI,TX 78414 4C1'�11u= p G-2 R FR j+ e R S' .5 CN-1 �? C11 A; r � H,gRe p SUBJECT s?,� PROPERTY (0 F 4t-' Q, ClR 4r G } F R r CASE: 0698-09 ! SUBJECT PROPERTY WITH ZONING ❑ enPIGPe�iY RY 1 Y.RIhMy 1L 4181111-du.RIH Rf1S 11.rt11■n11(7 Ix 111 1ftu I 1 .11nftuI as RY 7 4.i1Wwr S PUl? P4n1wd UnR Gn.G..n.y GR •rol..Wnul 011k. RS.1f fnRYAan.y Is RMA[WRIT■lolly LT RSd fln CR 1 RNpT0adlmd Camm�.Ml RS�f flnolrfRW1,/1 SUBJECT ' crx x.Ioroanp.dc.Tm.rcul R6•TT 1wor■ F PROPERTY CR I R_. Ca-n1.1■I Rf 1.Snob-f—"is CM-3 it"—C.n1Mn.U1 RE R.WI.Mie r.w. r - CG 1 o.Mnl C.1R.1.reul CG-7 W.-.ICwnm.ld.1 SR SR.tLIP .ft Gp Prd.. CI ..6th.—C_ RV Rr..anl.d..UvRd.dWxn.knM.P.R Caos CRMI C • — — II...ACtrRRl—.l 4� fR .—it M xl.lode Gwr4y ro e. r..n...v.1. -LOCATION MAPi4 .,, Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas con incapacidades, ue tienen la intencion de asistir a esta 'unto y que re uieren servicios es eciales se les su lica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si_usted desea_diriciirse a la commission durante lalung su inales es limitado, favor de Ilamar al - -- departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta Para solicitar un_interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0618-01 Dorsal Development, LLC. has petitioned the City of Corpus Christi to consider a Special Permit Time Extension Reguest for an additional 6 months. The property to be rezoned is described as: 7442 Wooldridge Road and being 13.814 acres out of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, east of Rodd Field Road, and west of Ennis Joslin 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, June 13, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name: ,�QVX A L",,- 1 v►�. Address: sf City/State: ( } IN FAVOR (IN OPPOSITION Phone: - REASON: Vm" \G CLe ,LL N-) � A%l (V\ o N(--, � Signatu e SEE MAP ON REVERSE SIDE Case No. 0618-01 INFOR Case No.: NIA Project Manager:Andrew Dimas Property Owner ID:26 Email- andrewd2@cctexas.com .+ U.S.POSTAGE>>PITNEY BOWES ol City..Y t.orpus Christi x V Development Services Dept. �..�� P.O.Box 9277 ZIP 78401 $ 000.470 Corpus Christi,Texas 78469 4 02 Orr 0000340617 JUN 01 2018 26 279800010230 WILLIAMS JENNIFER S 2334 Vaughn Dr r_ Ilei, �� �r Corpus Christi,TX 78414 G-p R FR oQ` �vRNQ R R S-1.S G' - pk S)4 ��•, �i� Ry'4Re ~ ` a 0R�R SUBJECT PROPERTY - <0 lB�3 R .5 OST pQ, -7 FR NRA yr _.-.-.. O.YC+.X.tli767PYY CASE: 0698-09 SUBJECT PROPERTY WITH ZONING % �` `"a ElSu6,�r.1 RW Yuhl—myI R- LWd1,dv0dM Ri Mu.PwnHy] M Nurylxv-IAwI Pt:.7 YuR4,am9Y 1 PCC PI..P.0 II.R C...0-fty r OX P.N..l..w1CRk. NSA*5.43 4."16 RN AT Nunlwml,Y AT RSJ 61npIN-414 - 1 CN Y Xg4g a& a C.. mW Rs+5 81w1.-Pwmull. 5(161ECT \ CN7 NNp.Mrh..d C�'�m.rwlM RS.TP Tn Y-m11y PROPERTY CR-1 RM-X Cw..w 6 R6-I.,I...-/wor . CR7 G-1G m.rclw RL R.w.l-nhwlPNM. Col C-.-al C.m'"rj RS-t"$"gW PN CoR] Gn.r-ICmm.rWl 5P Sp-il.l h�wR Co' Inlm-Ynr -mw Ry A.o--w d Wkkl-PNw — C110 CO -.C.m....Nl RM11 WnIRweSunQ NPm- L � f amR PR FNmRIUM H Nlwla-e C.-Ary .LURA!\ y',.LOC 0 May p� �%* �y4i LIIfLSII Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact 1 the Development Services Department at least 48 hours in advance at (361)826-3240. Personas con incapacidades, ❑ue tienen_la_intencion de asistir a esta junta roque recuieren serv_icios esp.eciales=_se_les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicjos de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse_a la commission durante la junta v su inales es limitado, favor de Ilamar al departamento de servicios de_desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0618-01 Dorsal Development, LLC. has petitioned the City of Corpus Christi to consider a Special Permit Time Extension Request for an additional 6 months. The property to be rezoned is described as: 7442 Wooldridge Road and being 13.814 acres out of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, east of Rodd Field Road, and west of Ennis Joslin 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 Pian, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 13, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD_ NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone tail or by letter. Printed Name: k eL4 E I Address:�5bl r-)ob 5hrlicive- City/State: n a ski j:, 3 I: ' �91V { } IN FAVOR ( IN OPPOSITION Phone: ly _ REASON: ND !Un N'D I ' �o� is Z1v2 W I dec.roas� , TI-Kas cv-r!f i�1 Lr'e�s�, �a is lar, , Cri OV 1'rAe. wi[ [ I'ncr0aiL Wobl�C)Az ro,,-J- i 5 narrDr,) - D J16LU4L more. A-r C1 c- a Au(acv-'cv- tv I�.e_p o u Co.�.�.�w,i �c�e e .�- -y Signature SEE MAP ON REVERSE SIDE Case No.061 B-01 INFOR Case No.- NIA Project Manager:Andrew Dimas Property Owner ID: 36 Email:andrewd2@cclexas.com Apar4nteI u q o!ac io-ds 1v Jiaj L W,5 a f +encA4.5 r oi 1,5 ,i 46k e 0,g� [Cr1ow 4�ni e K��Q ri�4, aA enti/1l w yPe Fn s~► a-le_fr 5e r fJ nolo . k10 7h.A-fc51 U.S. AGF=y ; '4EYBOWES City , .,s Christi 'f`t .....��►,.� Development Services Dept. Ifyy„ P.O. Box 9277 ZIP 78401 $ 000.470 Corpus Christi,Texas 78469 , 02 4rl 0000340617JUN 01 2018 �N"� 36 540600050140 eCei- CISNEROS PATRICIA ANN KRISTOPHER LEE CISNEROS 7501 GOLDSTAR DRIVE CORPUS CHRISTI,TX 78414 ,yt�7�l�is 06.2 R FR F C x-i �- �+�•r SUBJECT PROPERTYaRG o� a L 4 l CASE: 0698-09 SUBJECT PROPERTY WITH ZONING f ❑ SubpU Property RY 1 MumIrIlOy 1 IL LIGM nd.*UW R1Y.7 YUIIIMinY22 IM Nair,InaululM _` \ RYSYu'lllnniyl pbb FUI—Is YnR Dw Cmrgy OM hah.alnnRr Oelu MID fnflr k-My 10 � RM AT YuYYn11,At Rf O fRiflrfrnlF,f / CM wlgroernooacrlmrrcltl rsicmpow-s.nu,�a / SUBJECT CM2 RMghWrh.d C'_'1n Ra-TF tro fnnlry AJIGPERTY CR.1 R�ItriLGrt1rC111 pf,i16 RYpY.fm11121E -- CR] R�/nrl Comms+..YI qE RraWlnllrl LnnR j{ra f C6.1 11—I Cmmr 0 RYTM IOwpRouM {T I y�� C04 43 n 1c—..�l fp fprciu Amip Cr IM'Mlln Cemxwnul qy tew�arWny YMlch/rp F —_ Cbb baWnbvn Cpmm�n:lrl RYH 14nrrsc.•orrO Rarm '+�� R CR.1 Rrr orl Cammrs Ml IR flml Aunl � �* Oily lls e► a�l'�"::�`iy iLOCATI-Ott MAA x'144. chrisli SC o� � U NOORPORPSEAGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of July 24, 2018 DATE: July 18, 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 Dan Grimsbo, P.E., Executive Director, Utilities DanG@cctexas.com (361) 826-1718 Change Order No. 12 O.N. Stevens Water Treatment Plant High Service Building No. 3 (Capital Improvement Program) CAPTION: Motion authorizing Change Order No. 12 with PLW Cadagua Partners of The Woodlands, Texas in the amount of $300,000 for the O.N. Stevens Water Treatment Plant High Service Building No. 3. (Capital Improvement Program - CIP) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract change order with PLW Cadagua Partners of The Woodlands, Texas in the amount of$300,000 to perform immediate repairs at the chlorine evaporator piping inside the gas measurement building at O.N. Stevens Water Treatment Plant (ONSWTP). BACKGROUND AND FINDINGS: On August 16, 2016, City Council awarded the construction contract to PLW Cadagua Partners in the amount of$ 21,650,000. Eleven change orders were administratively executed for minor modifications to the scope and price. Change Order No. 12 is required to perform immediate repairs to the ONSWTP high pressure chlorine gas piping that is critical to the continued safe water treatment process. The high-pressure gas lines, valves, fittings, and miscellaneous items are experiencing severe deterioration and at risk of complete failure. The risk of failure creates potential hazards to the employees and public with leakage of the chlorine gas. Additionally, the chlorine gas system is critical to the water treatment process. This high-pressure system was originally designed with only partial redundancy limiting the ability to implement major repairs and replacement. Additionally, the chlorine disinfection system is planned for complete replacement to enhance the treatment process with an onsite generation (OSG) system in lieu of the current rail car supply of chlorine gas. The OSG project is planned to be under construction within the next few years. This change order allows immediate action to replace the piping and associated components to eliminate the potential hazards and interruption to water treatment. The design for the change order chlorine system repairs is underway and will be ready for construction within the next couple weeks. The design will include the detailed scope of repairs and replacement for negotiations with the contractor. The estimated cost of the repairs is under $300,000. The scope includes replacing the main supply line, pipes and fittings/appurtenances inside the Gas Measurement Building to the evaporator inlets, and other miscellaneous improvements. ALTERNATIVES: 1. Authorize the execution of a construction contract change order. (Recommended) 2. Do not authorize the execution of a construction contract change order. (Not Recommended) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract changes. EMERGENCY/ NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Water FINANCIAL IMPACT: Fund: Water CIP ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 28,547,400 28,547,400 Encumbered / -Expended Amount 22,715,760 22,715,760 This item $300,000 $300,000 Future Anticipated Expenditures This Project 5,327,974 5,327,974 BALANCE 203,666 203,666 COMMENTS: None RECOMMENDATION: City staff recommends approval of Change Order No. 12 with PLW Cadagua Partners in the amount of $300,000 for the O.N. Stevens Water Treatment Plant High Service Building No. 3. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Change Order No. 12 PROJECT BUDGET ESTIMATE O.N. STEVENS WATER TREATMENT PLANT HIGH SERVICE BUILDING NO. 3 CHANGE ORDER NO. 12 FUNDS AVAILABLE: WaterCIP...................................................................................................................... $28,547,400 TOTAL FUNDS AVAILABLE $28,547,400 FUNDS REQUIRED: Construction and Change Order Total Fees:......................................................................... 22,441,492 *Initial Construction (PLW Cadagua Partners)............................................. 21,650,000 Change Orders No. 1 - 11...................................................................... 491,492 Change Order No. 12 This Item.............................................................. 300,000 Contingency Balance Remaining........................................................................................ 1,373,507 Construction Testing and Inspection Fees Estimate:............................................................... 830,951 **Construction Materials Testing................................................................ 54,765 Construction Materials Testing Amendment No. 1....................................... 26,186 Construction Inspection Estimate............................................................. 750,000 DesignFees:.................................................................................................................. 2,496,784 Original Contract(LNV, Inc.)................................................................... 47,500 ***Amendment No. 1 (LNV, Inc.).................................................................. 2,358,103 Amendment No. 2(LNV, Inc.).................................................................. 28,600 Amendment No. 3(LNV, Inc.).................................................................. 2,581 Amendment No. 4(LNV, Inc.).................................................................. 20,300 Amendment No. 5(LNV, Inc.).................................................................. 39,700 Reimbursements:............................................................................................................ 1,201,000 Contract Administration(Engineering Admin/Capital Budget/Finance)............. 450,000 Engineering Services(Project Mgmt/Constr Mgmt)...................................... 750,000 Misc................................................................................................... 1,000 TOTAL $28,343,734 ESTIMATED PROJECT BUDGET BALANCE $203,666 *Construction contract approved by City Council on August 16, 2016 by Motion No. M2016-094 **Construction Materials Testing contract approved by City Council on August 16, 2016 by Motion No. M2016-094 ***Professional Services Contract approved by City Council on October 15, 2013 by Motion No. M2013-159 i CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE:ORDER CHANGE ORDER NO: 12 CHANGE ORDER DATE: 7!12!2018 PROJFCT: O.N,Stevens WatcrTreatmentPlant High Service Pump Bldg.03 PROJECTNUMDEM E11066 CONTRACTOR: PLWCadaguaPartners ORIGINALCONTRACI'TTME: 1065 CDS ENGINEER: LNV,Inc. Make the following additions,modifications or deletions to the work described ht the Contract Documents: Quantity Unit Bail Price Total I Immediate Repairs to Chlorine Evaporator Piping inside Gas Mcasunnem Building I LS $ 300,000.00 S 300,000.00 Additional Calendar flays requested 90 NETTOTAL OF THIS CHANGE ORDER. S 300,000.00 i Why was this Change necessary: Existing piping within the Gas Measurement Building.to the evaporator inlets is corroded and at risk of f librre.There currently is not any redundancy of this piping to allow for current replacementrvhile operational. This change will replace the main supply line,pipes,valves and fittings and other appurtenances as required by the Consultant's design. All piping winch has previously been identified in the Consultant's study will be replaced or bypassed by this change order. 17tis tvork trill be performed on a Time and Materials basis and will consist or all the piping itlustraled ist the drawing provided by the Consultant. float can sim liar changes be avnlded in the future? Future designs which inclttdc complete redundant recd Lincs along with betterConsutlant review and maintenance practices will avoid similar occurrences. The eumpensallan agreed upon Its this Change Order isfull,enrrrldele andflnal paymeral fur all costs the Contractor may incur ar a result of or relating to 11ris change whether said casts are kaon, renkuanm,faresrnr or nrJarseen ere Alia Bute;iorhrefing nithaut liudatlatr,arry cast fur delay,extended orrrh..'wd,ripple or impact cost,or any other effect on cJrnnged or unchanged truck asa resists' of this Change Order. Original Contract Arnuunt S 21,650,000.00 Previously Approved Change Order Amount 5 491,492.25 Proposed Change Order Amount S 300,000.00 Revised Contract Amoual S 22,441,492.25 Percent of Total Change Orders(including this CO) 3.46% Original Contract Time fat Substantial Completion 1065 CD's Notice to Proceed Date 101312016 Original Substantial Completion Date 9/312019 Previously Approved Change Order Time 87 CD's Additional Time on This Change Order 90 CD's Revised Contract Time for Subsmmial Completion 1242 CD's Revised Substantial Completion Dale 212712020 REVIEWED BY:LNV,Inc. REQUESTED BY:PLNYCAA is ParI run —k July 18 2018 Engineer Date Anil Raj Dale Presidcnt CITY OF CORPUS CHRIS11 rvND:4096-041 RECOMMENDED BY! —0 ��Ir ACCOUNT': 550910 AfTIVITY: E111166-014096-F.XP f:ngine Cans -tion Division a� . RECOMMENDED BY: APPROVED BY: Jeffrey Edmonds,!',$. Date Valerie If.Gray,P.E. Dole Director of Engineering Services r=xecurive Director of Public Works RECOMMENDED BY: APPROVED BY.- Little Y:Eddie Houlihan,Director Date Marls Van Vleck,P.E. Dale Management and Budget Assistant City Managu RECOMMENDED BY: APPROVED BV: Janet Nellogg Data Keith Selman Date City Attorney Interim City rvtanager MUECES RIVER 1 V 524 • NUECES BAY SCALE: N.T.S. ANNAVILLE 77 0 o SHIP v o CORPUS CHRISTI �fopgRO I LEOPARD a' ROBSTOWN = 44 44 CORPUS CHRISTI p 288 NTEO�TIO 358 N W n N Q PROJECT LOCATION G43M O ��Y �i 358 ,FO My MG_ CABANISS FIELD T 885 9� 90 288 2444 O LOCATION MAP NOT TO SCALE Project: E11066 ONSWTP HIGH SERVICE PUMP CITY COUNCIL EXHIBIT BUILDING No.3 CITY OF CORPUS CHRISTI,TEXAS (CHANGE ORDER No. 12) DEPARTMENT OF ENGINEERING SERVICES Corpus Chr s Engineering O.N. Stevens Water Treatment Plant Emergency Repairs to Chlorine Evaporator Piping inside Gas Measurement Building Council Presentation July 24, 2018 Project Location Corpus Chr'sti ngin�nring N ea. mumm MY SCALE:N.T.S. 00.m CHRIRII 9 RO�IOYM ONSWTP HIGH SERVICE PUMP BUILDING No.3 (CHANGE ORDER No.12) 2 Project Location Corpus Chr sti _ Engineering y✓ AWJ III J i - j CHLORINE I 4 .. RAIL CAR SHED it { CL GAS +> MEASUREMEN Piping inside the Gas Measurement Building Corpus ehr st Engineering A �w z s COMPLEXITY OF PIPING ARRANGEMENT DETERIORATED PIPING 4 Key Facts &�4- ) Carpus Chr sti - Engineering • 0.N. Stevens WTP uses chlorine gas shipped in 90-ton rail cars that are connected to evaporators and dosing equipment with iron piping. • The chlorine piping is severely corroded increasing the risk of leaks and pipe breaks. • Chlorine piping breaks will create a hazardous atmosphere in the building and compromise the ability to disinfect water. • The chlorine piping urgently needs to be replaced. • The most expeditious approach to replace the piping is to add this scope to the existing High Service Pump Station project via change order. �.h Project Scope &�4- ) Carpus Chr sti Engineering • The main supply line and all distribution piping, fittings and appurtenances inside the Chlorine Gas Measurement Building will be replaced with new material Project Schedule &�4_ ) Corpus Chr sti Engineering 2018 SeptemberJuly August October Design Construction Project Estimate: 135 Calendar Days = 4.5 Months Projected Schedule reflects City Council construction award in August 2018 with anticipated construction completion by November 30, 2018. ,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 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 Corpus Chr sti Engineering Community Park Development and Improvements - Bill Witt Park (Rebid) Bond 2012, Proposition 4 Council Presentation July 24, 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 Pro1ject Sco e �.-� J P Corpus Chr'sti 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 (ABBA Construction) $283,000 • Irrigation upgrades for sports fields $283,000 Base Bid B (MAKO Contracting) $572,533 • Dog park with pergola and water fountain $220,220 • Drainage improvements $ 96,202 • Landscaping improvements $ 33,810 • Demolition of existing buildings $104,462 • General (mobilization, bonds, site work) $117,839 Additive Alternates(Base Bid B only) • Hike & bike trail (Add Alt#1) $177,733 • Covered pavilion (Add Alt#2) $137,022 • Split rail fencing(Add Alt#3) $ 49,993 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. 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 July 17, 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 Funds CHRISTI PAg1-U 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 SC GO H v AGENDA MEMORANDUM /rygoHPNNSEO First Reading Item for the City Council Meeting of July 24, 2018 1852 Second Reading Item for the City Council Meeting of July 31, 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 Tom Graham Park Lease Agreement CAPTION: Ordinance authorizing a five-year lease with an option to extend for an additional five-year term with Grow Local South Texas, Inc. (Grow Local) for use of Tom Graham Park at 3914 Up River Road for a public gardening program PURPOSE: To approve the lease of a Tom Graham Park for Grow Local Gardening Program. BACKGROUND AND FINDINGS: In October 2012, the Parks & Recreation Master Plan is approved by City Council and Tom Graham Park was one of the parks identified to be repurposed by means of adoption, lease, transfer to another government entity, sale or allowing them to return to a natural state. In 2013, Grow Local began participating in the City's Adopt-a-park program and Council approved a full adoption of the park to Grow Local in March of 2017. Since their involvement with the park, Grow Local has made improvements to the park and engaged the community by adding a community teaching garden where everyone can learn how to plant, grow and harvest fresh produce and integrate the value of local food into their daily lives alongside experienced growers. ALTERNATIVES: Do not approve event agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered/ Expended Amount This item 0 0 BALANCE 0 0 Fund(s): Comments: none RECOMMENDATION: Staff recommends approval of this agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with Exhibits Ordinance authorizing a five-year lease with an option to extend for an additional five year term with Grow Local South Texas, Inc. for use of Tom Graham Park at 3914 Up River Road for a public gardening program Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute a five-year lease agreement with the Grown Local South Texas, Inc. for the use of the Tom Graham Park located at 3914 Up River Road, in consideration of regularly maintaining the park in accordance with the agreement and provide a public gardening program at the park. A copy of the Agreement is on file with the City Secretary. The agreement maybe extended for one additional five-year term with prior approval of the City Manager. 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 on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor L 1 LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND GROW LOCAL SOUTH TEXAS, INC. STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This lease ("Lease") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager, or designee ("City Manager"), and Grow Local South Texas, Inc. a Texas non-profit corporation ("Lessee'), acting through its President, or President's duly authorized agent. WHEREAS, the City owns Tom Graham Park located at Oak Park Avenue near Up River Road„ address of 3914 Up River Road, Corpus Christi, Texas, including any and all improvements thereon, ("Premises"); and WHEREAS,the Lessee desires to utilize the Premises to conduct gardening activities for the benefit of Lessee's members and the public; NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Definitions. A. City -City of Corpus Christi B. City Manager- City Manager of Corpus Christi or designee C. Council -Corpus Christi City Council A. Director- Director of Park and Recreation Department or his designee B. Lease-This Lease Agreement, including all attached and incorporated Exhibits C. Lessee—Grow Local South Texas, Inc. D. Premises - Tom Graham Park located at Oak Park Avenue near Up River Road, address of 3914 Up River Road, Corpus Christi, Nueces County, Texas, as shown on Exhibit 1W which is attached hereto and incorporated herein by reference, and including any facilities and irrigation system located thereon. H. Risk Manager-The City of Corpus Christi Risk Management Department Section 2. Tema. City hereby leases the Premises, subject to all of the terms and conditions of this Lease, to the Lessee. The term of this Lease shall be for a period of five (5) years, beginning on the day after final Council approval, with one option to extend subject to approval of the City Manager for one additional five year term, unless sooner terminated as set out herein. Section 3. Consideration. In consideration of City's Lease of the Premises to Lessee, Lessee shall: A. Regularly maintain the Premises in accordance with this Agreement and provide a public gardening program at the Premises; and 2 B. Within 60 days from the effective date of this Agreement, Lessee shall provide the Director with a multi-year master plan for the use of the Premises, subject to review by the Director; and C. Provide 25-30 trees annually to be planted in the City Parks system; and D. Volunteer to plant trees during annual Arbor Day event. Section 4. Lessee Services and Responsibilities. A. City Use. if Lessee is not using the Premises, City has the right to use any or all the Premises for City purposes. Lessee shall not be entitled to any compensation, in whatever form, either tangible or intangible, for the City's use of the Premises. B. Maintenance. Lessee at its sole cost and expense shall maintain the Premises in accordance with the schedule attached hereto and incorporated herein as Exhibit "B". Lessee shall also be responsible to repair and maintain the irrigation system located at the Premises-at its sole cost and expense. If Lessee is unable to perform maintenance tasks as scheduled, or within a timely manner, the City Manager may terminate this Lease upon fifteen (15) days written notice to Lessee. The Director may, at any time during the term of this Lease, promulgate such additional and reasonable maintenance rules as may be necessary for the efficient and safe operation of the Premises. Director will notify Lessee, in writing, at least ten (10) days prior to the implementation of any new rule(s) under this Lease. C. Utilities. Lessee must comply with applicable water conservation standards adopted by City ordinance. City,provides City utility services for the Premises. D. Insurance. Lessee must obtain and maintain the minimum insurance requirements set out in Exhibit "C", which is attached hereto and incorporated herein by reference, for the period of the Lease at Lessee's own expense. Lessee shall use an insurance company or companies acceptable to the City's Risk Management Department ("Risk Manager") and must furnish the Risk Manager with a Certificate of Insurance evidencing that such insurance is in effect. A copy of all insurance policies will be provided to the Risk Manager upon his/her written request. Lessee cannot begin operation under this Lease until it provides a Certificate(s) of Insurance for all required insurance to the Risk Manager. City provides property insurance coverage on the building; however, Lessee is responsible for insuring Lessee's own personal property which may be located at the Premises. Section.6. City Responsibilities. A. Capital Improvements. City may, from time to time, and in City's sole discretion, undertake capital improvements to the Premises. Prior to commencing any capital improvements, City shall notify Lessee, in writing, of the dates in which Lessee shall be required to vacate the Premises, should the Director deem this necessary. Lessee agrees that the term'of this Lease shall not be prorated for the period in which Lessee is restricted from entering the Premises for the purposes of constructing capital improvements. Lessee acknowledges and understands that City shall have no obligation to provide an alternate location for Lessee during any period that Lessee must vacate the Premises. 3 B. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Park and Recreation or designee. Section G. Default. The following shall constitute events of default: A. Failure to perform scheduled maintenance, in accordance with Exhibit "B", and as required in Section 4B of this Lease. B. Failure to maintain any insurance required by Section 4. C. Failure to keep, perform, and observe all other promises, covenants and conditions contained in this Lease. Lessee shall be notified in writing of any default and shall have ten (10) days to cure the default. If the default is not cured or substantially cured within ten (10) days of receipt of the notice, Director may terminate this Lease upon (10) days written notice to Lessee. Section 7. Concessions. Lessee may operate farm stand concessions at the Premises subject to prior written approval of the Director. Section 8. Laws. Lessee shall comply with all applicable laws, ordinances, regulations, and rules of the federal, state, county, and City governments which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 9. Alterations and Inspection. Lessee shall not make any additions nor alterations to improvement at Premises without the Director's prior written consent. Any permanent additions or alterations made by Lessee shall become the property of the City at the expiration of this Lease. All alterations must be constructed in accordance with applicable Federal, State and Local laws, regulations and ordinances. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. Section 10. Relationshia. This Lease establishes a Landlordfrenant relationship, and none other. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 11. Indemnity. Lessee shall defend, indemnify and hold City, its ofcers, agents and employees ("Indemnitees"1 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 4 remotely, wholly or in part, by an act or omission, negligence, .or misconduct on the part of the Indemnitees or on the part of Lessee or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("Indemnitors l entering upon City property, with the expressed or implied invitation or permission of Lessee, 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 arose out of, or was caused, either proximately or remotely .. wholly or in part, by an act or omission, negligence, or misconduct on the part of Indemnitors under this Agreement. Lessee covenants and agrees that it City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 12. Assignment. This Lease may not be, in whole or in part, assigned or transferred directly or indirectly without the prior written consent of the City. Section 13. Nondiscrimination. Lessee covenants that all its members, guests, and the public shall be treated equally without regard to or because of race, religion, national origin, marital status, sex, age, or disability and in compliance with all federal and state laws prohibiting discrimination in,employment. Section 14. Attorne 's Fees. If any action or proceeding is brought to take possession of the Premises, or to enforce compliance with the Lease, or for failure to observe any of the covenants of the Lease, Lessee must pay the City such sum as a court of competent jurisdiction may adjudge reasonable as attorney's fees in said action or proceeding or in the event of an appeal as allowed by an appellate court if a judgment is rendered in favor of the City. Section 15. Termination. Either City or Lessee may terminate this Lease at any time without cause by givingthirty (30) days written notice to the non terminating party by any method set out in Section 18. Section 16. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as 5 certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; or, (4) by deposit with an overnight express delivery service, for which service has been prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. All such communications must only be made to the following: 1F TO CITY: IF TO LESSEE: City of Corpus Christi Grow Local South Texas Attn: Director, Park and Recreation Attn: President P. O. Box 9277 711 N. Carancahua Street, Suite 700 Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78401 (361) 880-3464 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify City of an address change within thirty (30) days after the address is changed. Section 17. Waiver. Any waiver by the parties of a breach of any covenants, terms, obligations, or events of default shall not be construed to be a waiver of any subsequent breach, .norshall the failure to require full compliance with this Lease be construed as changing the terms of this Lease or estopping the parties from enforcing the terms of this Lease. Section 18.. 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 agreements on be- half of each party. Section 19. Inspection. Any officer or authorized employee of City may enter upon Premises, at all reasonable times and without notice, to determine whether Lessee is providing the maintenance required by Section 4B to the items in Exhibit "A" and in accordance with the schedule set out in Exhibit "B", or for any other purpose incidental to City's retained rights of Premises. Section 20. Sions. Lessee shall not place, paint, post, or otherwise affix any signs at, on, or about the Premises, or any part thereof, without the Director's prior written approval. City may require Lessee to remove, paint, or repair any signs allowed. If Lessee does not remove, paint, or repair the signs within ten (10) days of demand thereof in writing, the City may remove, paint, or repair the signs and bill Lessee for the cost. Lessee shall pay said billed costs within thirty (30) days of receipt of invoice from City. If payment is not timely made, City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may terminate this Lease upon ten (10) days written notice to Lessee. Lessee shall maintain a sign at each entrance to the Premises to limit the liability of landowners who allow property to be used as a community garden. The signs are required to be posted to read as follows: 6 "WARNING TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE LIABILITY OF THE LANDOWNER, LESSEE, OR OCCUPANT FOR DAMAGES ARISING FROM THE USE OF THIS PROPERTY AS A COMMUNITY GARDEN." The signs must be posted and maintained in a clearly Visible location on or near the Premises. Section 21. Surrender. Upon expiration or cancellation of this Lease, Lessee shall return Premises to City in reasonably good condition, ordinary wear and tear excepted. Any personal property remaining at the Premises upon expiration of the Lease shall become City property and may be disposed as City deems appropriate without necessity of any further action or notice by the City. Section 22. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR,HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION,CLAIMS,DEMANDS,AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTumiy TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH:PROPERTY FOR THE PURPOSE TO WHICH. LESSEE INTENDS TO USE THE PREMISES,AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY,ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. D. THE PROVISIONS OF THIS Section 22 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 7 Section 23. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City Charter, in the legal section of the local newspaper. Section 24. Captions. The captions employed in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 25. Interpretation. This Lease will be interpreted according to the Texas laws which govem the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 26. Severability. If, for any reason, any section, paragraph, subdivision, clause, provision,phrase, or word of this Lease is r held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not affect any other section, paragraph, subdivision, clause, provision, phrase, or word of this Lease, for it is the definite intent of this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Section 27. Disclosure of Interests. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at Mps://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at htta://www cctexas.com/government!city-secretaw conflict- disclosure/index. Section 28. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises, and representations, unless contained in this Lease, are .expressly revoked, except for the promulgation of future maintenance rules as contemplated in Exhibit "B", Section 3, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits, of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of this Lease does not render the other provisions unenforceable, invalid, or illegal. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2018. CITY OF CORPUS CHRISTI 8 By: Keith Selman, Interim City Manager Approved as to legal form this i(day of 2018. Lisa Aguilar,` sistant City Attorney For the City Attorney GROIN LOCAL SOUTH TEXAS, INC. By: Name: yle Hoelscher Tale: President Date: 07/06/2018 f -tea-"'y� Y.,,,.'M ,��•��'� '?�'3" yg;+��i,� ;r!� . 1 Ilk 4 I J _ y$. .'y-"-- -. .•fir",_'� '.} •y ` 6 � 10 Lessee (Grow Local South Texas, Inc.) shall: A. Perform regular landscape maintenance services {including but not limited to mowing, edging and lawnblower of all lawn areas} in accordance with the following frequency schedule. B. Remove, pick-up and dispose of litter at least 3 times weekly. C. Regulate irrigation system for effective and efficient watering of law and landscaped areas following water conservation standards observed by the City (watering completed by 10 a.m.). D. Repair and replace damaged or broken irrigation components. E. Maintain and replace park elements according to manufacturer warranty standards during the warranty period. F. Trim plans and trees in accordance with ANS1300 Standards to remove dead vegetation or for accessibility. G. Replace trees damaged by maintenance activities, or damaged due to excess or lack of irrigation. H. Comply with the insurance requirements listed herein. I. Comply with the City Drought Contingency Plan available at city website. J. Request prior written approval from the Parks Director prior to installing any improvements. K. Request special event permit for fundraising activities and events conducted at the park L. Lessee shall maintain the Premises at all times during the term of this Lease in a clean and sanitary condition and, at the expiration of Lease, shall return said Premises to City in reasonably good condition, ordinary wear and tear and acts of God, excepted; and fire and flood damage or destruction, where Lessee is without fault, excepted. N. Request small special event permit for fundraising activities and events coordinated by the organization. Requests should be submitted to Special Events Program Manager., The Adopt-a-Park coordinator should be copied on the request. O. Attend an annual meeting with the Park Operations Superintendent or designee to discuss maintenance issues, safety concerns and proposed improvements. P. Ensure that all volunteers coordinated by Organization who are volunteering to perform work for the City at the park have completed the attached Volunteer Wavier form prior to performing work at the park. Q. Address any notifications from City for failure to meet responsibilities listed above within 10 days of receipt. Failure to cure issues within 10 days of receipt or the accumulation of three or more notifications will trigger a review of the agreement with the Director. Frequencv Schedule Jan Feb Mar Apr May Jun Jul AugSep Oct Nov Dec Mow,Edge, weedeat, power 2 2 3 3 3 3 3 3 3 3 2 2 blow walks and curbs weed beds 11 Remove all litter Every visit Trim plants and trees to remove As needed dead vegetation or for acoessibility Apply herbicide, pesticide and As needed fertilizer Monitor irrigation system (repair as Every visit needed Inspect play and Every visit ,-Park elements 12 EXHIBIT INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subLessee to commence work until all similar insurance required of any subLessee has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Department, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional Insured on the General liability and Auto Liability policies, and a waiver of subrogation As 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: $1500,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Lessees 6. Personal Injury-Advertising Injury C. In the event of accidents of any kind related to this lease agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and 13 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. 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 the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that with respect to the above required insurance, all Insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal 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. 14 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 contractor's performance of the work covered under this agreement. 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 agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2018 Insurance Requirements Parks and Recreation Dept. Grow South Texas Park Lease 04/11/2018 sw Risk Management SC � fA O H v AGENDA MEMORANDUM /NCppPpppS EO First Reading for the City Council Meeting of July 24, 2018 1852 Second Reading for the City Council Meeting of July 31, 2018 DATE: June 28, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Exemption from the Wastewater Lot or Acreage Fees for Water's Edge at Kitty Hawk Unit 2 CAPTION: Ordinance exempting Water's Edge at Kitty Hawk Unit 2, located south of South Staples Street and west of Kitty Hawk Drive, from the payment of the wastewater lot or acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE: Exempt the owner/developer of Water's Edge at Kitty Hawk Unit 2 from paying $24,388.20, in wastewater lot or acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: LJA Engineering, on behalf of Kitty Hawk Development, Ltd., property owner, submitted a request for an exemption from the wastewater lot or acreage fees in the accordance with Section 8.5.2.G. The potential wastewater lot or acreage fees are $24,388.20, based on the rate of$1,571.00 per acre. The subject property consists of 15.524 acres. Water's Edge at Kitty Hawk Unit 2 is a final plat for 15.524 acres, proposes to construct 25 single family residential lots. The final plat was approved by Planning Commission on July 12, 2017. The subject property is located south of the Oso Creek. Currently, this area does not have wastewater services available and a Master Plan was not adopted by City. The subject property will provide on-site sewage facilities in conformance with the regulatory agency (City-County Health Department). Staff does not anticipate availability of service within the 15-year term. K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\SUMMER BREEZE ESTATE\1-LAND DEVELOPMENT2-PH II,BLK 1,LOTS 1-10-FINAL PLA78-WASTEWATER FEE EXEMPTION\CITY COUNCIL-SUMMER BREEZE ESTATES EXEC SUMMARY ALTERNATIVE: Require the owner to pay the applicable wastewater lot and acreage fees in the amount of $24,388.20 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund which will include a 5 '/2 percent interest per annum from the date of filing of the final plat. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: On August 09, 2017, the Planning Commission recommended that City Council approve the wastewater exemption subject to a Sanitary Sewer Connection Agreement. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑D 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 RECOMMENDATION: On August 09, 2017 the Planning Commission recommended that City Council approve the exemption of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro-rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\SUMMER BREEZE ESTATE\1-LAND DEVELOPMENT2-PH II,BLK 1,LOTS 1-10-FINAL PLA78-WASTEWATER FEE EXEMPTION\CITY COUNCIL-SUMMER BREEZE ESTATES EXEC SUMMARY LIST OF SUPPORTING DOCUMENTS: Ordinance and Sanitary Sewer Connection Agreement Presentation K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\SUMMER BREEZE ESTATE\1-LAND DEVELOPMENT\2-PH II,BLK 1,LOTS 1-10-FINAL PLAT\8-WASTEWATER FEE EXEMPTION\CITY COUNCIL-SUMMER BREEZE ESTATES EXEC SUMMARY Pagel of 2 ORDINANCE EXEMPTING WATER'S EDGE AT KITTY HAWK UNIT 2, LOCATED SOUTH OF SOUTH STAPLES STREET AND WEST OF KITTY HAWK DRIVE, FROM THE PAYMENT OF THE WASTEWATER LOT OR ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Water's Edge at Kitty Hawk Unit 2, Located South of South Staples and West of Kitty Hawk Drive is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of Water's Edge at Kitty Hawk Unit 2, Kitty Hawk Development, Ltd., John Bratton, ("owner") the Planning Commission has recommended City Council approving the applicant request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the wastewater lot or acreage fees in the accordance with Section 8.5.2.G of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro-rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. 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\HPPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC2F58ED\@BCL@FC2F58ED.DOC SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Kitty Hawk Development, LTD, John Pritchard Bratton, 8230 S. Staples St, Corpus Christi, Texas 78413 hereinafter called "Developer/Owner'. WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Water's Edge at Kitty Hawk Unit 2, Located South of S. Staples St, and West of Kitty Hawk Dr, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPERIOWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") 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 CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF WATER'S EDGE AT KITTY HAWK, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. t� zals h EXECUTED original, this clay of �, 0 ji 9 DEVELOPER/OWNERS: 94 1�4� iffy Hawk Development Ltd. Kitty Hawk GP, LLC its General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this Jr�/l� , day of �A / .-20q , by ZoIS ' '�� PAMELA J KIRKLAND Notary ID# 10548053 My Commission Expires r,,n n nia June 27,2020 Notary Public, St of Texas Sanitary Sewer Connection Agreement Water's Edge at Kitty Hawk, Unit 2 Page 2 of CITY OF CORPUS CHRISTI: William J. Green, P.E. Interim Director of Development Services THE STATE OF TEXAS § COUNTY OF NUECES § 2018 This instrument was acknowledged before me on 2W, by Interim Director of Development Services for the City of Corpus Christi, Texas. Notary Public's Signature APPROVED as to form: Buck Brice Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Water's Edge at Kitty Hawk, Unit 2 Page 3 of 5 lit' Jill I IN HIM fr 8 of 11,11 11 t $Ea M EgaE + ���!�II':i� t€�p p� �� �i • �� ���l�� en��3 Ili �� { �ns c R41c sii�i, i 1 � lta F rc � � : g£ s 17 � � • t t q c'S s f � baa pl� a 3 Oi a t i s 4f.1 ; istE: EXHIBIT 1 Sanitary Sewer Connection Agreement Water's Edge at Kitty Hawk, Unit 2 Page 4 of ru Ogg ` AFL I' is i � .a fif r�'a �t �. �'it, �y. �,ra*• d z� 4'. I '. G-.•`1v. 4 r_', � +� y+��'�11 g�rw~���:y : 1"'_.7r.�R..71 r ;r 1Er � , §,'l p>K •p\ T• R S � 1 Y -an a.awy ..1 1::'T" t I .3F .=N -4= .p ' S} a �1 r..� •��,, is i ry, ;• ,� ,� 6•�r � ItG F �. � � _ `�'"•`•� :�� �; �^ � �Yal SIC � w �� � •i1p T� is:w� �� C � rim re lk 3C EXHIBIT 2 Sanitary Sewer Connection Agreement Water's Edge at Kitty Hawk, Unit 2 Page 5 of Wastewater Lot/Acreage Fees Exemption Water's Edge at Kitty Hawk Unit 2 City Council Presentation July 24, 2018 Vicinity Map got .■rug■■■■�■■d ��.���� �,� 51B m e _ �t .4y It Corpus Christi Aerial Overview 0. �lSsph, �ISIJ�5M QIF /tel-d d d Gardens) • sc �'� 4 t M9�1S�C�P9�(y Edgs MM Hook MEW Bo 0000 3 Planning Commission and Staff Recommendation Approval of Wastewater Lot/Acreage Fees Exemption SC o� � v AGENDA MEMORANDUM NOORP08 IEO First Reading for the City Council Meeting of July 24, 2018 1852 Second Reading for the City Council Meeting of July 31, 2018 DATE: July 17, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Office of the Business Liaison arlenem(a)cctexas.com (361) 826-3356 Downtown Vacant Building Ordinance CAPTION: Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations including registration; and Providing for penalties. PURPOSE: The purpose of this item is to adopt a Downtown Vacant Building Ordinance. BACKGROUND AND FINDINGS: On April 24, 2018, the TIRZ #3 Board passed a motion recommending that City Council adopt a Downtown Vacant Building Ordinance. The Vacant Building Program was scheduled for reading at the June 12, 2018 City Council meeting. On May 22, 2018, City Staff received a request on behalf of the Downtown Management District to postpone the reading to allow additional review by the DMD Board of Directors. At the June 21, 2018 DMD Board meeting, a Resolution was passed requesting changes to the ordinance language. At the June 26, 2018 TIRZ #3 Board Meeting, the board approved the attached version of the Downtown Vacant Building Ordinance. The ordinance establishes the framework for accountability and standard of care and is a vehicle for gathering information on downtown vacant property owners for use in cases of emergency or interest in development. The ordinance will institute a registration process for vacant buildings which will then become eligible for TIRZ #3 incentives. This is a great opportunity to improve the downtown and perceptions of safety in that area. Currently about 15% of buildings in the Reinvestment Zone have been vacant for an extended period or are abandoned. Vacant buildings contribute to blight and criminal activity. In 2016, a vacant building partially collapsed and blocked a street for six months. The TIRZ#3 Board approved an FY18 budget of$100,000 for Site Management & Development. The FY19 proposed TIRZ #3 budget includes $180,000 for Site Management & Development for the following: management of the registration of the Downtown Vacant Building program by the DMD, the vacant building assistance fund (an incentive program), and funding to pay for the services of a code enforcement officer. ALTERNATIVES: City Council could choose not to approve this ordinance. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to City policy. EMERGENCY/ NON-EMERGENCY: Non Emergency DEPARTMENTALCLEARANCES: ACM Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2016-2017 (CIP only) Current Year Future Years TOTALS Line Item Budget $100,000 $180,000 $280,000 Encumbered / Expended Amount $40,000 0 $40,000 This item 0 $180,000 $180,000 BALANCE 1 1 $60,000 1 0 1 $60,000 Fund(s): TIF #3 Comments: NA RECOMMENDATION: Staff recommends approving the proposed ordinance. LIST OF SUPPORTING DOCUMENTS: Vacant Building Ordinance Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations including registration; and Providing for penalties WHEREAS, the City Council of the City of Corpus Christi, Texas ("City Council"), has determined that the City of Corpus Christi ("City"), as part of its essential functions as a home rule municipality, has an interest in identifying and regulating property owners of vacant structures located within the downtown area to include their contact information; WHEREAS, the City Council has determined that the downtown area is a unique and distinct area of the City due to the prevalence of older, multi-story buildings constructed without setbacks from the street rights-of-way, and that the downtown area has the potential to serve as a dynamic economic center for the City; WHEREAS, the presence of unoccupied, improperly maintained buildings in the downtown area poses risks to the public health and safety as the buildings pose an increased risk from fire, can contribute to the deterioration of adjacent structures, and attract vagrants, gang members and criminals; WHEREAS, property owners who own vacant structures have a high incidence of code violations on their properties; WHEREAS, the unoccupied and improperly maintained buildings in the downtown area are a blight and cause deterioration and instability; WHEREAS, the vacant structures attract and harbor wild animals, pests, vermin and varmints; WHEREAS, the contact information as provided in the local deed records for vacant structure property owners is often insufficient to contact the property owner in an immediate and expedient manner in an effort to address any of the above stated concerns and it is necessary to create and maintain an updated registry of contact information of vacant structure property owners in the downtown area and for these vacant structure property owners to designate an agent in Nueces County who shall act as an agent for the vacant property owner for purposes of accepting legal service; WHEREAS, in order to protect and maintain the unique and significant nature of the downtown area for the economic benefit of the City's citizens, it is necessary to require vacant structure property owners to maintain their properties in good repair, so that they are sound and sanitary, and so that said properties do not detract from the economic value and utility of neighboring properties. WHEREAS, the Tax Increment Reinvestment Zone #3 (TIRZ #3) Board recommended the creation of an ordinance to address vacant downtown buildings and various downtown 1 interest groups, including the Downtown Management District, have participated in the drafting of the ordinance; WHEREAS, the City Council has determined that this ordinance would best serve public health, necessity, and 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: SECTION 1. That Chapter 13 "Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement," of the Code of Ordinances is amended by adopting a new Article IV "Vacant Downtown Buildings" which shall read as follows: "ARTICLE IV. VACANT DOWNTOWN BUILDINGS Sec. 13-4001. Declaration of policy. (a) The city council finds and declares that: (1) Downtown Corpus Christi is a unique and distinct area of the City due to the prevalence of older, multi-story buildings constructed without setbacks from the street rights-of-way, thereby creating a dense development posing increased risks from fire. The buildings often have common walls, or walls that abut, and the buildings are affected by the lack of maintenance of an adjoining building. (2)Downtown Corpus Christi has the potential to be a dynamic economic center for the City, however, improperly maintained vacant buildings and lots inhibit the redevelopment of the downtown area. (3)Downtown buildings that are vacant and unsecured attract vagrants, gang members, and criminals as prime locations to conduct illegal criminal activities. (4)Buildings that are vacant and unsecured are extremely vulnerable to being set on fire by unauthorized persons. (5)Buildings that are vacant and unsecured are a blight and cause deterioration and instability in downtown. (6)Buildings that are vacant and unsecured pose serious threats to the public's health and safety. (7)Abatement and rehabilitation of poorly maintained vacant downtown buildings is necessary. (8)Vacant and unsecured buildings are declared to be public nuisances. (b) The purpose of this article is to protect the public health, safety, and welfare of the city. (c) This article: 2 (1) Determines the responsibilities of owners of vacant downtown buildings. (2) Provides for administration, enforcement, and penalties. Sec. 13-4002. Definitions. Unless otherwise expressly stated, the following words, terms, and phrases, when used in this article, have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning: Administrator means the City's Assistant City Manager over Development Services, or designee. Board when used as a verb means to cover an opening with lumber or panel of wood or other material. Building means any structure or portion of a structure used or intended for supporting or sheltering any use or occupancy. Dangerous building means a building which is potentially hazardous to persons or Property, including, but not limited to: (a) A building that is in danger of partial or complete collapse. (b) A building with any exterior parts that are loose or in danger of falling. (c) A building with any parts, such as floors, porches, railings, stairs, ramps, balconies, or roofs, which are accessible and which are either collapsed, in danger of collapsing, or unable to support the weight of normally imposed loads. Downtown means that area included within the boundaries of the Tax Increment Reinvestment Zone #3. Owner means the owner of record in the county where the real property is situated; anyone identified as the owner when the building is registered with the City; the holder of an unrecorded contract for deed; a mortgagee or vendee in possession, a mortgagor or vendor in possession; and an assignee of rents, receiver, executor, trustee, lessee, or other person in possession or with the right to control of the premises or a portion of the premises. Any person who is included in this definition as an owner has joint and several obligation for compliance with the provisions of this article. A tenant who does not have the right of possession or control of a portion of the building that is unoccupied is not an owner for the purposes of this article. Property maintenance ordinance means any ordinance of the City of Corpus Christi related to the required maintenance of a building, this includes, but is not limited to, the International Building Code, the International Property Maintenance Code, the International Fire Code, the International Plumbing Code, and all other similar international codes as adopted by the City of Corpus Christi. Secure means to take measures to ensure that the interior of the building cannot be accessed by: (1) Unauthorized persons without the use of tools or ladders. (2) Birds and other animals through broken windows or other openings in the structure. 3 Unoccupied means not being used for a lawful occupancy authorized by the certificate of occupancy issued by the city's building official. Unsecured means open to entry by unauthorized persons or animals. Vacant means at least seventy five percent (75%) or more of the total floor space is unoccupied. Vacant downtown building means a building located within the downtown area that is vacant. Sec. 13-4003. Applicability and Administration. (a) This article shall apply to all vacant downtown buildings, as defined herein, which are now in existence or which may hereafter be constructed or converted from other uses. (b) The Administrator is authorized to administer and enforce the provisions of this article. (c) The Administrator shall have the authority to render interpretations of this title and to adopt policies and procedures in order to clarify the application of its provisions. The Administrator, at his sole discretion, may also enter into an agreement with a registered property owner to obtain compliance with this ordinance by a date certain. Sec. 13-4004. Registration required. (a) The owner of a vacant downtown building shall have 45 days in which to register from the effective date of this ordinance or the date on which the property becomes vacant if the property becomes vacant after the effective date of this ordinance. (b) Upon the effective date of this ordinance or the vacancy of a previously occupied downtown building, property owners shall register the vacant downtown Property and provide the following information: (1) The address and legal description of the property; (2) The current name, physical address, mailing address, telephone number, and email information for any owner(s) with an ownership interest in the property. Corporations or corporate entities shall submit the same information pertaining to their registered agent. (3) The contact information for a local manager of the properties and/or improvements located on said property, as applicable. (4) The comprehensive Plan of Action Form detailing a timeline for correcting violations, rehabilitation, maintenance while 4 vacant, and future use of the structure. The Plan of Action must be updated annually. (5) Certification that the vacant downtown building meets the required standard of care in accordance with section 13-4008. (6) A complete floor plan of the property for use by first responders in the event of a fire or other catastrophic event. (7) Criminal Trespass affidavits to be filed with the Corpus Christi Police Department by the property owner. Property owner shall post "No Trespass" placards on the premises. (c) Vacant downtown building property owners shall provide written notice to the Administrator, including a copy of the deed, within 30 days, of a change in: (1) ownership of the property; (2) contact information for either the owner or the designated manager. (d) Continued annual registration of the property by the vacant downtown building property owner is required until said structure is deemed occupied and in compliance with all property maintenance ordinances by the Administrator. Sec. 13-4005. Registration fees. (a) Vacant downtown building property owners shall tender an annual registration fee of $500.00 for each building. The registration fee may be paid by credit card with an additional three percent fee, or $15.00, required for the processing of the credit card payment. The initial registration fee is due upon registration. Annual registration fees shall be due and postmarked no later than November 15 of each year. Sec. 13-4006. Property manager or agent (a) Vacant downtown building property owners must designate a local manager within Nueces County for said properties and include the relevant contact information for the designated manager upon registering the property. Property managers shall act as agents for the property owner for purposes of accepting legal service, however the vacant property owner remains personally liable in criminal prosecutions for code violations. Sec. 13-4007 Inspection (a) Each vacant downtown building must be inspected by City staff in accordance with the schedule provided below. City staff present at the inspections will include staff from Code Enforcement and any other staff deemed necessary by 5 the Administrator. The number of years that a building has been vacant shall be measured starting on the effective date of this ordinance. Vacant Building Inspections Years Vacant Frequency 1-3 Annually 4-6 Bi-Annually 7 + Quarterly (b) An inspection fee of $0.01 per square foot of space within the building, as determined by Nueces County Appraisal District, shall be paid prior to any inspection or re-inspection required for a vacant downtown building. Inspection fees may be paid by credit card with an additional three percent fee, or $0.003 per square foot, required for the processing of the credit card payment. (c) If it is determined after a required inspection (annual, bi-annual, or quarterly) that the vacant downtown building does not meet the standard of care provided in section 13-4008, the Administrator shall request a property plan and require re- inspection after 30 days, or such other time as the Administrator deems appropriate, to determine if the vacant downtown building property owner has corrected the defects in the building and brought it up to the required standard of care. A vacant building owner may request subsequent re-inspections to show compliance if the property does not pass the initial re-inspection. Sec. 13-4008. Standard of care for vacant downtown buildings (a) The standard of care for vacant downtown buildings, subject to approval by the Administrator, shall include, but is not limited to: (1) Protective Treatment: All exterior surfaces, including but not limited to, walls, roofs, doors, windows, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in such condition so as to prevent the entry of rodents and other pests and the penetration of water to such extent as to cause the structure to be unsound. All exposed wood or metal surfaces subject to rust or corrosion, other than decay resistant woods or surfaces designed for stabilization by oxidation shall be protected from the elements and against decay or rust by periodic application of weather coating materials such as paint or similar surface treatment. All surfaces with 6 rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. (2) Premises Identification: The property shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm). (3) First-Floor Windows and Doors: Every first-floor window, storefront, and exterior door part, including but not limited to the frame, the trim, window screens and hardware shall be kept in sound condition and good repair. All broken or missing windows shall be replaced with glass and secured in a manner so as to prevent unauthorized entry. All broken or missing doors shall be replaced with new doors which shall be secured to prevent unauthorized entry. All plass shall be maintained in sound condition and good repair. All exterior doors, door assemblies and hardware shall be maintained in good condition and secured. Locks at all exterior doors, windows, or exterior hatchways shall tightly secure the opening. First-floor windows and doors shall not be secured by boarding or other similar means mounted on the exterior except as a temporary securing measure, and the same shall be removed within a period of time designated by the Administrator. (4) Exterior Lighting: The exterior of the building adjacent to any street, sidewalk, or other pedestrian access shall have visible exterior lighting with average ambient light levels of between one (1) and three (3) foot-candles with a minimum of 0.5-foot candles and a maximum of six (6)foot-candles at any point measured on the ground plane. (b) All repairs shall be subject to approval by the Administrator. All required permits and final inspections prior to and/or following repairs shall be in accordance with applicable laws and rules. This paragraph specifically requires that all necessary building permits are obtained and that all work complies with any law or ordinance relating to construction standards, property maintenance, and windstorm requirements, along with all other applicable laws, ordinances, and rules, including property maintenance ordinances. (c) Failure to maintain the vacant property to the standard of care specified by this section is a violation of this article. The Administrator, on application from the vacant downtown building property owner, may authorize limited exceptions to the requirements in 13-4008(a)(3) and (a)(4) on a case-by-case basis. Any 7 authorization of an exception must be made in writing and shall not be interpreted as an establishment of policy. (d) If a vacant downtown building fails an inspection, the property owner may request to submit a Property Mitigation Plan. Submission of a Property Mitigation Plan does not excuse a violation of this article. (1) The Property Mitigation Plan will include all planned work to the vacant downtown building to bring the property into compliance with the Standard of Care, along with an associated timeline and estimated property improvement costs. (2) The Emergency Building Assistance Fund may be available for reimbursement of up to 50% of the costs of the Property Mitigation Plan. Funds are allocated on a first-come first-serve basis and capped at $5,000 per vacant downtown building. (3) Upon acceptance of the Property Mitigation Plan, the Administrator may designate the property as eligible for the Emergency Building Assistance Fund. (4) The vacant downtown building property owner must submit request for inspection and pay the inspection fee. (5) Once compliance is reached, the property owner may seek reimbursement if the property is eligible for the Emergency Building Assistance Fund. To receive any reimbursement, the property owner must submit documentation of all expenses for the work done on the vacant downtown building. (e) Nothing in this section shall prohibit enforcement of other property maintenance ordinances against the vacant downtown building property owner or any tenant or agent who is otherwise liable for violation of such ordinance. Sec. 13-4009. Fee Waivers All fee waivers must be applied for during the annual registration process, and are subject to approval by the Administrator. A fee waiver is only valid until expiration of the then-current registration period. (a) Property which has been devastated by a catastrophe such as fire or flood and rendered unfit for occupancy: the owner has 45 days to register from the date of the disaster but is exempt from the registration and inspection fees. This exemption is for the duration of one year from the date of the catastrophe; thereafter all applicable fees are due. 8 (b) A property owner who is indigent must register and is otherwise subject to this ordinance but is exempt from the registration and inspection fees. This exemption must be determined by the Administrator on the basis established for determining indigency at municipal court, using a review of current income and expenses. (c) Where the owner of the property has obtained a building permit in the previous 6 months and is progressing in an expedient manner to prepare the premises for occupancy, the owner must register the property and is otherwise subject to this ordinance but is exempt from the registration and inspection fees. This exemption cannot be applied to the same vacant downtown building for more than two consecutive years. (d) Where the owner of the property has listed the property for sale at fair- market value, as identified on the Nueces County Appraisal District tax rolls or through an independently prepared appraisal paid for by the property owner, the owner must register the property and pay for any required inspections but is exempt from the registration fee. Sec. 13-4010. Eligibility for Incentives (a) Completion of registration and passing of required inspections or re- inspections will result in the issuance of a letter of eligibility for the property. A downtown vacant building that receives a letter of eligibility is eligible to apply for incentives from the TIRZ #3 to assist with redevelopment of the property. (b) Vacant downtown buildings that are not registered or have not passed inspection or re-inspection are not eligible to apply for or receive any incentives from the TIRZ #3. Sec. 13-4011. Jurisdiction, enforcement and penalties (a) Except as otherwise provided in this section, written notice of violation of this chapter will precede the issuance of a criminal citation. When a notice is required, the vacant downtown building property owner will be given a reasonable length of time, as determined by the Administrator, to remedy the violation. Written notice shall be issued to the vacant downtown building property owner by means of personal service, or by first class mail to their last known address according to Nueces County Appraisal District records, and by posting on the property. (b) Failure to register as required by section 13-4004 is a violation of this article and may result in the issuance of a criminal citation, with or without written notice of violation prior to the issuance of the citation. 9 (c) Failure to meet the Standard of Care required by section 13-4008 upon re- inspection of the property after the expiration of 30 days, or such other time as the Administrator deems appropriate under section 13-4007(c), is a violation of this article and may result in the issuance of a criminal citation, with or without notice of violation prior to the issuance of the citation. Citations may be issued for the continuing violation of section 13-4008 until such time as the property is in compliance with the Standard of Care. A vacant downtown building property owner may request a re-inspection at any time to establish that the building meets the Standard of Care. (d) Violation of any provision of this article is a class C misdemeanor. Each day any violation continues constitutes a separate offense. (i) This is a strict liability offense in which no mental state is required. (ii) The fine for this offense may not exceed five hundred dollars ($500.00). (e) Administrative, civil, and criminal enforcement are alternative remedies which may be sought independently of each other. Criminal prosecution may occur regardless of pursuit of civil or administrative remedies and vice versa. Sec. 13-4012. Demolition Review (a) The owner of a vacant downtown building may apply for a demolition permit from the Development Services Department. (b) Demolition permits shall not be granted for any vacant downtown building constructed more than 50 years prior to the date of the application unless a certificate of appropriateness for demolition is issued in accordance with section 3.16 of the Unified Development Code. For purposes of this section, the vacant downtown building that is more than 50 years old will be treated as though it is a designated landmark or contributing structure located within an Historic Overlay zoning district." SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. The general vacant building ordinance, codified at 13-3001 et seq. of the Code of Ordinances is not in conflict with this ordinance. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. 10 SECTION 4. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 5. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance shall take effect on October 1, 2018. 11 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 SC o� � U NOORPORPSEAGENDA MEMORANDUM 1852 Future Item for the City Council Meeting of July 24, 2018 Action Item for the City Council Meeting of July 31, 2018 DATE: July 17, 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 Dan Grimsbo, P.E., Executive Director, Utilities DanG@cctexas.com (361) 826-1718 Professional Services Contract Programmed Water Line Service Life Extension Indefinite Delivery Indefinite Quantity Program (Capital Improvement Program) CAPTION: Motion executing a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount of $350,510 for Programmed Water Line Service Life Extension Indefinite Delivery / Indefinite Quantity (IDIQ) Project. (Capital Improvement Program) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a professional services contract with Urban Engineering in the amount of $350,510 for IDIQ Project for site investigations, analysis, delivery order preparation, topographic and additional services. BACKGROUND AND FINDINGS: This is an approved Capital Improvement Plan project; Programmed Water Line Service Life Extension. CIP description: "This project provides for a strategic lifecycle program replacement and extension of the City's water distribution system (1,368 miles). The program is flexible and provides a systemic approach to extend the service life of the system while enhancing monitoring capability and water quality. Additional benefits will include increased distribution reliability with reduced service outages and reduced operational costs. A major priority of the lifecycle improvements will maximize CIP investments increasing capacity of the system and deferring unnecessary major upgrades to pump stations and plants. This program is also in response to the City's Street Preventative Maintenance Program (SPMP) and the construction is in a manner of Indefinite Delivery/Indefinite Quantity(IDIQ)delivery orders. Some work will be completed using in-house forces to save on costs where applicable." Programmed Water Line Service Life Extension - Indefinite Delivery/Indefinite Quantity (IDIQ) project provides an extensive list of repetitive type construction activities and unit prices to address a wide range of improvements to various pipe sizes, material types, depths and conditions. The Water IDIQ project has been successfully developed and executed over the last several years with overall reduced cost and time of execution. The construction IDIQ contract is planned as a multi-year contract with an undetermined number of Delivery Orders. The Delivery Orders are prepared after award and under construction almost immediately to implement major improvements, repairs and rehabilitation as needed. Each DO is based on contractor unit bid prices to determine most cost-effective solutions. Project Scope: This item provides for engineering services to prepare new bid documents and subsequent construction phase technical support services. The construction phase technical services include field investigations and analysis for preparation and implementation of Delivery Orders. Services include periodic site visits, technical responses and correspondence to contractor and miscellaneous administrative actions as needed. The Delivery Orders consist of full range of repair and replacement methodologies including open trenching, pipe bursting, horizontal drilling with new valves, fittings, fire hydrants with associated surface restoration of sidewalks, roadways, and landscaping. Each Delivery Order provides a detailed scope with site drawings, quantities, schedules and pricing. This professional services contract provides for engineering and survey services to include the following: • Bid document preparation • Delivery Order preparation • Topographic surveying • Additional technical and administrative services for construction and warranty phases ALTERNATIVES: 1. Authorize execution of a professional services contract. (Recommended) 2. Do not authorize execution of a professional services contract. (Not Recommended) OTHER CONSIDERATIONS: Urban Engineering was selected for this project as a result of RFQ 2018-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts; Conforms to FY 2017-2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Water FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 350,510 6,000,000 6,350,510 Encumbered / Expended Amount This item 350,510 350,510 Future Anticipated Expenditures This Project 5,626,000 5,626,000 BALANCE 0 374,000 374,000 Fund(s): Water Operating and Capital Comments: None RECOMMENDATION: City staff recommends approval of a professional engineering services contract with Urban Engineering in the amount of $350,510 for Programmed Water Line Service Life Extension IDIQ Project. (Capital Improvement Program) LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract PROJECT BUDGET ESTIMATE Citywide Water Distribution System Indefinite Delivery Indefinite Quantity Program (Capital Improvement Program) PROJECT FUNDS AVAILABLE: Water Operating Funds............................................................................................ 350,510 Water Capital Funds................................................................................................... 6,000,000 TOTAL FUNDS AVAILABLE 6,350,510 FUNDS REQUIRED: Construction Fees:......................................................................................................... 5,100,000 Construction......................................................................................... 5,100,000 Construction Inspection and Testing Fees:......................................................................... 225,000 Construction Inspection(estimate) ........................................................... 210,000 Construction Phase-Materials Testing Services(estimate) ........................... 15,000 Design and Survey Fees:................................................................................................ 350,510 Engineer(Urban Engineering)THIS ITEM . 350,510 Reimbursements:.......................................................................................................... 301,000 Contract Administration(Eng. Svcs Admin/Finance/Capital Budget)................. 120,000 Engineering Services(Project Mgt)........................................................... 180,000 Misc. (Printing,Advertising, etc.).............................................................. 1,000 TOTAL 5,976,510 ESTIMATED PROJECT BUDGET BALANCE 374,000 N SCALE: N.T.S. CITYWIDE PROJECT o � NUECES BAY 0 81 N A A CORPUS CHRISR 1 q IIDYNO Y � CIMII M caRPtn cxtesn BAY e' i OSO BAY M xwi mmN FLOUR BWFF LAGUNA WORE GULF OF MDOCO LOCATION MAP NOT TO SCALE Project Number: E18094A Programmed Water Line Service Life CITY COUNCIL EXHIBIT Extension Indefinite Delivery / Indefinite CITY OF CORPUS CHRISTI,TEXAS Quantity Program DEPARTMENT OF ENGINEERING SERVICES Corpus Chr s Engineering Programmed Water Line Service Life Extension Indefinite Delivery Indefinite Quantity (IDIQ) Program Council Presentation July 24, 2018 Project Location Corpus Chr sti Engineering CITYWIDE WATER DISTRIBUTION SYSTEM INDEFINITE DELIVERY INDEFINITE QUANTITY PROGRAM N SCALE:N.T.S. C70 � oaam a Project Scope Corpus Chr sti Engineering This professional services contract provides for engineering and survey services for Programmed Water Line Service Life Extension IDIQ to include the following: ✓ Bid document preparation ✓ Delivery Order preparation (DO) ✓ Topographic surveying ✓ Additional technical & administrative services for construction phase • The IDIQ provides "real-time" engineering and construction for major improvements, repairs and rehab for the City's1,368 miles of existing pipe • DO are based on the contractor's unit bid prices to determine most cost-effective solutions This program also supports the City's Street Preventative Maintenance Program (SPMP) Project Schedule &�4- ) Carpus Chr sti Engineering 2018� 2019 2020 2021 JASOND JF MAMJJAS0NDJFMAMJJAS0NDJFMAMJJ Engineering Service Construction Project Estimate: 36 Months Projected schedule reflects City Council award in July 2018 with construction completion by July 2021 l Corpus Chr'sti rngin.ering Questions? 5 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18094A - Citywide Water Distribution System IDIQ The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Urban Engineering, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas 78404 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS.................................................10 EXHIBITS Contract for Professional Services Page 1 of 12 ARTICLE I –SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A;;Ad A- 4—It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 2 of 12 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $350,510.00 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Contract for Professional Services Page 3 of 12 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDERTHE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 Contract for Professional Services Page 4 of 12 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's bestjudgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Contract for Professional Services Page 5 of 12 Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Contract for Professional Services Page 6 of 12 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the Contract for Professional Services Page 7 of 12 documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed Contract for Professional Services Page 8 of 12 diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services Page 9 of 12 ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you Contract for Professional Services Page 10 of 12 need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI URBAN ENGINEERING JJ dJ—`` Jeff H. Edmonds, P.E. Date Jim L. n, P.E. ate Director of Engineering Services 2725 Swantner Drive Corpus Christi TX 78404 (361) 854- 3101 Office jimu@urbaneng.com APPROVED Assistant City Attorney Date Contract for Professional Services Page 11 of 12 ATTEST City Secretary Date Fund Accounting Unit Account Activity No. Amount Name No. Water O&M 4010-31520-041 550950 18094A4010EXP $350,510.00 Total $350,510.00 Contract for Professional Services Page 12 of 12 URBAN ENGINEERING Job No.: 33760.138.00 May 30, 2018 TRANSMITTED VIA EMAIL Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Subject: Fee Proposal for City-Wide Water Distribution System - ID/IQ Program (2018) Dear Jeff: In response to the recently completed City RFQ No. 2018-01, we are proposing the following scope of work for the Group B, Item 9 - City-Wide Water Distribution System (IDIQ) Program. The scope includes preparation of delivery orders and topographical surveying tasks under the current contract with the City's water IDIQ contractor. The scope also includes additional services for undefined A/E services related to the Water IDIQ program. To assist the City with these tasks we propose to provide engineering services as outlined below. I. SCOPE OF SERVICES: A. Delivery Order Preparation Services The A/E will move directly into the delivery order preparation phase to continue preparing delivery orders under the City's current IDIQ construction contract, as authorized by the City. The services include the following: a. A/E will perform site visits, review inspection reports, repair reports and meet with City to identify water distribution system issues and the possible rehabilitation options. b. A/E will submit a "draft" version of each non-emergency delivery order for the City's review and comment prior to issuing the final delivery order. c. Delivery orders will include a short narrative of the expected work for each site, a site exhibit depicting work location, quantities, and rehabilitation methods, a utility base map identifying all known utilities in the area, an engineers estimate, and any other reference material that may aid the Contractor during construction including inspection reports, City work orders, old plans, etc. d. Review field and laboratory tests. (361)854-3101 2725 SWANTNER DRIVE CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Finn#145 T13 PLS Finn#10032400 EXHIBIT A Page 1 of 3 e. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. f. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. g. Prepare draft change orders as authorized by the City (coordinate with the City's construction division). h. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. B. Topographic Surveying Services a. Topographic surveys will be required on some delivery orders where horizontal and/or vertical control is critical for the design and construction of the proposed improvements and to avoid potential conflicts or to confirm to proposed slopes, etc. b. The Topographic Survey allowance is based on two (2) 8-hr days of (2-man) field crew work and office time per site and has been estimated for approximately four (4) to six (6) sites. C. Additional Services Other required A/E task related to Water IDIQ, including but not limited to: additional topographic survey, design phase services, bid phase services, construction phase services, warranty phase, construction administrative support and preparation of delivery orders. These additional tasks will require a Task Order that will be negotiated individually, either on T&M or Lump-Sum basis, whichever makes most sense. II. SCHEDULE: The schedule for the services listed below will be determined based on the City's needs under the IDIQ construction contract. III. FEE: For services authorized by the Director of Engineering Services, the City will pay the A/E a not- to-exceed fee as per the table below. Summary of Fees Original Amend. Total Contract No. 1 A. Delivery Order Preparation $242,250 B. Topographic Surveying $20,250 C. Additional Services $88,010 Total Fee $3505510 Notes: 1.)The delivery order fee will be determined and billed, at rates shown in the Compensation Table below, as the final delivery orders are issued to the Contractor. 2.) If the City requires additional services under this contract the tasks will require a Task Order that will be negotiated individually, either on T&M or Lump-Sum basis,whichever makes most sense. Page 2 of 3 EXHIBIT A Page 2 of 3 The following compensation table will be used to determine the Delivery Order fee; COMPENSATION TABLE Construction Cost of Delivery Order A/E Fee $0 to $30,000 $3,750 (Flat Rate) $30,000 to $100,000 10.0% $100,000 to $150,000 6.25% $150,000 to $250,000 5.5% $250,000 to $350,000 5.0% Over $350,000 4.75% Example: If the delivery order is estimated to be $425,000 then the fee for preparation of the delivery order would be as follows: Fee = $425,000 x 4.75% = $20,190 The proposed fee of $242,250 (see Item 1 in Table above) will cover approximately 12 delivery orders of$425,000 for a total construction budget of approximately $5,100,000. If the above is acceptable, please prepare an AE Contract for signatures. Should you have any questions please let me know. Sincerely, URBAN ENGINEERING J. Douglas McMullan, P.E. JDM/ Enclosures xc: Alex Barabanov, P.E. — Major Projects Engineer, Engineering Services w/encl. via email Page 3 of 3 EXHIBIT A Page 3 of 3 a) p Q Q 0 0 0 0 0 0 0 0 0 0 0 0 _ O O O O M O o 0 m m m LO M LO O d Q 0 0 0 0 0 LO 0 0 ~ ~ ~ O O O M E sco iO LO M N M N U Nd O o U a� LU -0 fl � Q (1) O O O O O O O O Q Q Q O O O O E E D O O 00 O o 0 o m m m o 0 0 0 `E (D (1) = 0 0 0 0 0 0 o ti F- F- F ti o I` ti 0 Of V 64 O LO O LO O N N LO �t 0 _ Lf) I-- L() I-- L() CO N O) 6 Ldl It Ldl 4' ami I E R 69 69 09 Ef? Ef? 69 Ef} Ef} 69 69 � m O O O O O o 0 o 0 0 0 0 O O O 0 0 0 0 0 O O O m m m 0 O O O - 000000 O O O F- F- F- O 000 O '5 00 O 63 H? 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Q .� � 4�., a) m a) O = a� u� cv °� U cv O O cz cB m IL p m U U) Q d d 0 CO CO fn m Q F- Z Exhibit B Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 Rev 04/17 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 2 Rev 04/17 coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Rev 04/17 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22— Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies, agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 i 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY TITS PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Urban Engineering P. O.BOX: STREET ADDRESS: 2725 Swantner CITY: Corpus Christi ZIP: 78404 - 2832 FIRM IS: I. Cor oration 2. PartnershipX 3. Sole Owner El 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Job Title and City Department(if known) NIA NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title NIA NIA 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Board,Commission or Committee NIA NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant NIA NIA City of Corpus Christi EXHIBIT "E" Disclosure of Interest Page I of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: James L. Urban, P. E. Title: Authorized Representative (Type or Print) } Signature of Certifying Date: Person: �r� � June 28, 2018 DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit'. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. `Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City of Corpus Christi EXHIBIT "E" Disclosure of Interest Page 2 of 2 SC 0 E v AGENDA MEMORANDUM NCDRPOPASEFuture Item for the City Council Meeting of July 24, 2018 1852 Action Item for the City Council Meeting of July 31, 2018 DATE: July 18, 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 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 Highway Safety Improvement Program Grant Application (Bond 2016, TxDOT Participation) CAPTION: Resolution supporting the submission of multiple projects for the Texas Department of Transportation Highway Safety Improvement Program. PURPOSE: This resolution provides City Staff approval for submission of five traffic safety improvement projects as joint City/Texas Department of Transportation (TxDOT) participation projects. BACKGROUND AND FINDINGS: The purpose of the Highway Safety Improvement Program (HSIP) is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned roads and roads on Tribal land. The HSIP provides State/Federal funding for qualified safety projects with a 90/10 participation for construction only (TxDOT/City respectively). TxDOT's Traffic Operations Division (TRF) requests and accepts project proposals for approximately $300 million state-wide for the State's fiscal years of 2019, 2020, 2021 and 2022. The grant submission is due to TxDOT by August 15, 2018. City staff has identified a total of five (5) highway safety improvement projects that qualify for the HSIP on City arterial intersections. The locations are based on traffic crashes reported over the past three (3)years 1 (2015-2017). The five individual applications (projects) are independent and contingent upon HSIP award with local matching funds. The HSIP qualifying improvements include: Traffic Signals upgrades, Interconnectivity of Traffic Signals, Pedestrian Signals upgrades including new Flashing Yellow Arrows and other miscellaneous improvements. The five proposed projects are at the following locations: • Intersection of Staples Street and Holly Road • Multiple intersections along Horne Road from Port Avenue to Ayers Street • Intersection of Tarlton Street at Port Avenue • Multiple intersections along Airline Road from Ocean Drive to McArdle Road • Intersection of Up River Road and Suntide Road The grant is only for construction. The City is responsible for design and engineering costs. The total HSIP project construction cost is estimated at $2,531,250. TxDOT share is $1,822,500 and City match of $202,500. Additional City engineering & administration is approximately$506,250. The City's total match of$708,750 is programmed in the Bond 2016 TxDOT Participation Funds. On February 26, 2018, the Transportation Advisory Commission recommended approval of the proposed HSIP projects. ALTERNATIVES: 1. Approve resolution in support of project proposals. (Recommended) 2. Do not approve resolution in support of project proposals. (Not recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Engineering Services, Street Operations. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends approval of the resolution. 2 LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Presentation 3 Resolution supporting the submission of multiple project proposals for Texas Department of Transportation Highway Safety Improvement Program grants for traffic signals. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi City Council hereby supports the submission of five project proposals to the Texas Department of Transportation for Highway Safety Improvement Program (HSIP) grant funding to improve and interconnect traffic signals, citywide. SECTION 2. The City Manager or designee is authorized to execute all documents necessary to submit project proposals to the Texas Department of Transportation Highway Safety Improvement Program (HSIP) for funding of five projects in an amount of up to $2,531,250. That the foregoing resolution was read and passed on this the day of 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 12018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Carpus Chr sti Engineering Highway Safety Improvements Program (HSIP) Grant Application Bond 2016, TXDOT Participation Council Presentation July 24, 2018 HSIP Grant Application Corpus Chr sti Engineering • Program Focus - transportation improvement projects: ✓ Achieve reduction in number of fatalities/serious injuries ✓ Provides State/Federal funding for qualifying projects • Funded Improvements can include: ✓ Replace/upgrade traffic signals ✓ Add signals connectivity(Improved corridor traffic flow) ✓ Improve pedestrian signalization ✓ Safety lighting at intersections • Texas Department of Transportation (TxDOT) ✓ Advertises&awards projects • 5 Projects identified: ✓ Based on traffic crashes reported over past 3 years ✓ Arterial intersections 2 HSIP Grant Application Corpus Chr sti Engineering • Funds cover: ✓ 90/10%cost share by State and City ✓ Construction only ✓ Does NOT cover design or overhead costs • Anticipated Costs (if awarded): ✓ Construction cost estimate-$2.5M • TxDOT-$1.SM(90% share) • City-$202,500(10% share-Bond 2016,TxDOT Participation) ✓ Engineering&Administration costs • City-$506,250(Bond 2016,TxDOT Participation) Location Map Carpus ChFst Engineering TARLTON STREET NAMNAVILLE P RIVER ROAD INIERSECDON AT PW AVENUE N MON AT SUNIME ROPD SCALE:N.T.S. see HORNE ROAD BETWEEN PORT AVENUE Am AVERS SIREEr ::OR�US CHH'S SAY i AIRLINE ROAD BETWEEN 6CrAN ORNE B MdRDU:ROAD iExwa raw u Y ween p I� Flm ,y OSO BAYO w,vw an s7A—Mw_ �✓ F STAPLES STREET FLOUR BLUFF HIERSECTION AT HOLLY ROAD f SO 0 ,1 4 Carpus Chr sti Engineering Questions? OPPATIOUS o- w+xs wwr co F NUECES BAY 181 UP RIVER ROAD INTERSECTION AT SUNTIDE ROAD N SCALE: N.T.S. q CORPUS SHIP CHANNEL AERIAL FLOWN 2014 ANNAVILLE CHRISTI g a TARLTON STREET V EOPAR Q INTERSECTION AT PORT AVENUE a HORNE ROAD BETWEEN a 0 288 PORT AVENUE AND AVERS STREET 358 oo CORPUS CHRISTI BAY a ° z � 9 Q AIRLINE ROAD m s, BETWEEN 0 3� M�Roc co���y COs OCEAN DRIVE & McARDLE ROAD F 'gyp A° (jam° TEXAS A&M UNIVERSITY CORPUS CHRISTI �Q 358 Z �To�g3�0 �� M�RocF o CABANISS Z OSO BAYCORPUS CHRISTI FIELD �� a NAVAL AIR STATION STAPLES STREET �o°° FLOUR BLUFF INTERSECTION AT HOLLY ROAD 358 °RST z 288 OS OwN � 0 op�t� a OHO °�02 04' 3a' �P LAGUNA MADRE HIGHWAY SAFETY IMPROVEMENT PROGRAM CITY COUNCIL EXHIBIT LOCATION MAP CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF STREET OPERATIONS VOQ SC AGENDA MEMORANDUM Cqq PO PFuture Item for the City Council Meeting of July 24, 2018 hPSE 1852 Action Item for City Council Meeting of July 31, 2018 DATE: July 31, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management iimd(a�cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 132(acctexas.com (361) 826-3169 Three One-Year Supply Agreements for Purchase of Tires for Fleet Maintenance CAPTION: Motion authorizing three one-year supply agreements for the purchase of Goodyear tires from Goodyear Tire and Rubber Co. of Corpus Christi, Texas; Pursuit tires from GCR Tire and Service of Corpus Christi, Texas; and, Dunlop tires from Southern Tire Mart of Corpus Christi, Texas via BuyBoard cooperative for a total amount not to exceed $272,376.85. PURPOSE: This item is to approve the purchase of tires from Goodyear Tire and Rubber Co - $96,709.65, GCR Tire and Service - $52,621.20, and Southern Tire Mart - $123,046.00. BACKGROUND AND FINDINGS: The purchase of the tires from Goodyear Tire and Rubber Co. are to equip the Crown Victoria marked units, Ford marked unit sedans, and Tahoe marked units and other utility vehicles. Pursuit rated tires offered by GCR Tire and Service, are a necessity when operating marked police units on patrol for the City of Corpus Christi Police Department. Due to the extreme nature of the demands placed on these tires, a tire that is both constructed and formally pursuit rates is the only tire acceptable to be used in marked police unit service. Paramount to the design of these tires are high speeds, handling and performance. Pursuit tires are designed and engineered to specifically handle the demanding rigor of law enforcement services. The purchase of tires from Southern Tire Mart are to equip both five-yard and 12-yard dump trucks. The Purchasing Division utilized the Buyboard cooperative for these procurements. Contracts awarded through the cooperatives have been competitively procured to assist with compliance with Texas local and state procurement requirements. The Purchase Division also compared several cooperatives to obtain the best price for the City. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Fleet Maintenance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $3,191,731.00 $204,282.64 $3,396,013.64 Encumbered / Expended Amount $1,907,240.78 .00 $1 ,907,240.78 This item $68,094.21 $204,282.64 $272,376.85 BALANCE $1 ,216,396.01 .00 $1 ,216,396.01 Fund(s): Fleet Maint. Svc. Comments: The initial contract is for an amount not to exceed $272,376.85 for 12 months, with an estimated expenditure of$68,094.21 funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreements CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION TIRES FOR FLEET BUYER: MINERVA ALVARADO BuyBoard Contract# 553-18, GOODYEAR Commerical 553-25, 553-148, 553-984, 553-116, Tire &Service Center 553-1506 Corpus Christi, Texas ITEM DESCRIPTION QTY UNIT UNIT EXTENDED PRICE PRICE GY 235/55R17 EAG RSA VSB 137 EA $105.00 $14,385.00 1. TIRES GY 245/55R18 EAG RSA VSB 379 EA $134.09 $50,820.11 2. TIRES GY 205/60R16 EAG SPORT AS 13 EA $78.32 $1,018.16 3. TIRES GY 225/70R15 WRL SRA 100S 32 EA $90.75 $2,904.00 4. OWL TIRES GY 225/50R17 EAL SPORT AS 58 EA $95.96 $5,565.68 5. TIRES GY 225/70R19.5 G622 RSD TL 90 EA $244.63 $22,016.70 6. TIRES $96,709.65 BuyBoard Contract# 553-18 GCR Tires& Service Corpus Christi, Texas ITEM DESCRIPTION QTY. UNIT UNIT EXTENDED PRICE PRICE 1 FS P265/60R17 FH GTV PURSUIT 423 EA $124.40 $52,621.20 TIRES $52,621.20 BuyBoard Contract# 553-18 Southern Tire Mart Corpus Christi, Texas ITEM DESCRIPTION QTY UNIT UNIT EXTENDED PRICE PRICE 1. 11 R22.5 FD 663 TIRES 374 EA $329.00 $123,046.00 $123,046.00 Total $272,376.85 mUs c.� �o w A SUPPLY AGREEMENT NO. 1714 U Tires for Fleet Maintenance yaeaoRp 1852 THIS Tires for Fleet Maintenance Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Goodyear Commercial Tire & Rubber Co. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide tires for Fleet Maintenance in response to Request for Bid No. N/A ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Tires for Fleet Maintenance in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $96,709.65, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Benjamin Sanchez Fleet Maintenance 361 .826.1959 BenjaminSCcctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. The City must be named as an additional insured on automobile policies. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If prompt correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional reasonable costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, and will receive the full benefit of the manufacturer's applicable standard warranty for such products. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from Supply Agreement Standard Form Page 2 of 7 ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay applicable payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: Supply Agreement Standard Form Page 3 of 7 IF TO CITY: City of Corpus Christi Attn: Benjamin Sanchez Assistant Parts Foreman 5352 Ayers, Building 3B, Corpus Christi, Texas 78415 361 .826.1959 Fax: 361 .826.4394 IF TO SUPPLIER: Goodyear Commercial Tire and Rubber Co. Attn: Ronnie Villarreal Commercial Tire Consultant 1 134 S. Navigation Blvd., Corpus Christi, Texas 78405 361 .289.8251 Fax: 361 .289.7774 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, REASONABLE ATTORNEYS' FEES AND EXPERT WITNESS FEES, TO THE EXTENT THAT THEY ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT BY SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL REASONABLE CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Supply Agreement Standard Form Page 4 of 7 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, either party may terminate this Agreement for convenience upon 30 days advance written notice to the other party. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the Supply Agreement Standard Form Page 5 of 7 company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all applicable federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 w i I SUPPLIER The Goodyear Tire&Ru erCompany s�cr� 1 < H=E J Signature: r Printed Name: Brent B.Strandberg Title: General Manager Operations,Goodyear Commercial Tire&Service Centers Date: S' CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: APPROVED AS TO 'LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. N/A Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Attachment A: Scope of Work New tires will be ordered on an as needed basis 1 . Contractor will deliver new Goodyear tires - P235/55R 17, P245/55R 18, P205/60R 16, 225/70R 15, 225/50R 17, 225/70R 19.5 2. Contractor shall maintain stock in sufficient amount and sizes of tires to supply the reasonable demands of the City 3. Contractor shall have five hours to deliver the tires if the order is placed before 1 lam 4. Contractor shall have 24 hours to deliver the tires if the order is placed after 1 lam 5. Contractor shall deliver tires between the hours of 8am - 5pm 6. Tires will be delivered to the City Garage, City Service Center, at 5352 Ayers St., Corpus Christi, Texas 78415 7. Contractor shall provide an invoice when tires are delivered Attachment B: Bid/Pricing Schedule The Goodyear Tire&Rubber Company �O�D�YEA THE GOODYEAR TIRE & RUBBER CO. 1134 S NAVIGATION BLVD COMMERCIAL TIRE&SERVICE CENTERS CORPUS CHRISTI, TX 78405 QUOTE NO. www.goodyearctsc.com 361-289-8251 Fax 361-289-7774 M--039-1160232-- *** PRICE ESTIMATE *** QUOTE *** DO NOT PAY! *** *** PRICE ESTIMATE *** QUOTE *** DO NOT PAY! *** 330250-0001 PAGE 01 CITY OF CORPUS CHRISTI QUOTE DATE: 04/26/2018 PO BOX 9277 PICKED UP AT SHOP FLEET MAINT LOCATION/SREP: 039/HSE CORPUS CHRISTI , TX 78469-9277 APPROVAL NUM : G0005722 361-826-3160 2018-04-30 14 . 05.51 RV CLERK: *** TECH: *** QUANTITY PRODUCT NO. DESCRIPTION FET UNIT PRICE A AMOUNT LINE# *** NOT A SALES/DELIVERY DOCUMENT, ESTIMATE FOR PRICING ONLY X*** Doi *** PRICE EXPIRATION DATE: 2018-05-26 *** 002 003 QUOTE FOR THE CITY OF CORPUS 004 COOP # 3199 005 BUYBOARD CONTRACT# 553-18 006 137 1501246 GY 235/55R17 EAG RSA VSB 98W S2 0 . 00* 105 . 00 14385 . 00 007 BUYBOARD CONTRACT# 553-18 008 379 1502621 GY 245/55R18 EAG RSA VSB 103V 0. 00* 134 . 09 50820 . 11 009 BUYBOARD CONTRACT# 553-25 010 13 1502870 GY 205/60R16 EAG SPORT AS 92V 0 . 00* 78 . 32 1018 .16 011 BUYBOARD CONTRACT# 553-148 012 32 1501444 GY 225/70R15 WRL SRA 100S OWL 0 . 00* 90 . 75 2904 . 00 013 BUYBOARD CONTRACT# 553-984 014 58 1502774 GY 225/50R17 EAG SPORT AS 94W 0. 00* 95 . 96 5565 . 68 015 BUYBOARD CONTRACT# 553-116 016 90 1491942 GY 225/70R19 .5 G622 RSD TL 14 0 . 00* 244 . 63 22016 .70 017 BUYBOARD CONTRACT# 553-1506 018 THANK YOU! ! 019 020 The Tire Industry Association (TIA) recommends re-torque at 50-100 miles . 021 022 Disposal fees may apply in some areas. 023 024 Shop supply fees cover miscellaneous materials used in servicing your 025 vehicle that do not appear elsewhere on this invoice and for profit . 026 027 Texas Scrap Tire Transporter Number: 130035 028 029 030 TERMS: SUB-TOTAL 96, 709 .65 SALES TAX (0 . 00) TOTAL AMT 96, 709 .65 No further discounts allowed. It is agreed that title to the above described property shall remain in the name of the seller until paid PAYABLE IN U.S.FUNDS for in full,and that upon default in payment,seller shall be entitled to take possession thereof without notice to the purchaser. If the total amount due is paid in full within terms,no FINANCE CHARGE will be incurred on that amount;otherwise,a FINANCE CHARGE will be computed on the previous balance after deducting payments and credit received during the current month. The FINANCE CHARGE is computed at a periodic rate of 0.82500 which is an annual percentage rate of 9.90000 Seller warrants that the tires are the size and tread design as stated above. SELLER MAKES NO OTHER WARRANTIES EITHER EXPRESS OR IMPLIED,SPECIFICALLY,SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Seller's sole obligation to Buyer for nonconforming tires shall be prorated a refund of the tire's purchase price. Seller shall not be liable for any indirect,consequential or other damages. No person is authorized to modify or waive the limitations herein,whether orally or in writing. All claims and returned goods must be accompanied by this bili. Page 1 of 1 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance 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 Auto Liability policies. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including insurance or self- $1 ,000,000 Aggregate insurance coverage: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 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) Employer's 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. B. ADDITIONAL REQUIREMENTS Pagel of 3 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in 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 prior to 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 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, 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 to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Delivery of New Tires for Fleet 05/09/2018 sw Risk Management Valid Through 12/31 /2018 Bond is not required for this service. Page 3 of 3 Attachment D: Warranty Requirements Any new Goodyear highway radial auto or radial light truck tire, covered by this policy, removed form service due to a covered warranty condition during the first 2/32'' of usable tread or 12 months from date of purchase, whichever comes first, will be replaced iwth a comparable new Goodyear tire at no charge, including mounting and balancing (Without proof of purchase the date of manufacture will be used to determine eligibility. Page 1 of 1 mUs c.� �o w A SUPPLY AGREEMENT NO. 1732 U Tires for Fleet Maintenance yaeaoRp 1852 THIS Tires for Fleet Maintenance Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and GCR Tires and Service ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide tires for Fleet Maintenance in response to Request for Bid No. N/A ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Tires for Fleet Maintenance in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $52,621 .20, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Benjamin Sanchez Fleet Maintenance 361 .826.1959 BenjaminSCcctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day Supply Agreement Standard Form Page 3 of 7 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: Benjamin Sanchez Assistant Parts Foreman 5352 Ayers, Building 3B, Corpus Christi, Texas 78415 361 .826.1959 Fax: 361 .826.4394 IF TO SUPPLIER: GCR Tires and Service Attn: Bryan Salinas Commercial Tire Consultant 4859 Baldwin, Corpus Christi, Texas 78408 361 .883.5181 Fax: 361 .883.4320 17. EXCEPT TO THE EXTENT OF ANY INJURIES, DEATHS, LOSSES, DAMAGES, CLAIMS, SUITS, LIABILITIES, JUDGMENTS, COSTS, AND EXPENSES, RESULTING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY OF CORPUS CHRISTI, ITS DEPARTMENTS, AND ALL OF THEIR OFFICERS, EMPLOYEES OR AGENTS OR OTHER CONTRACTORS, SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, TO THE EXTENT THAT THEY ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL Supply Agreement Standard Form Page 4 of 7 CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Supplier's bid response (Exhibit 2). Supply Agreement Standard Form Page 5 of 7 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 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. 26. Limitation of Liability. The total liability of any Party to this Agreement shall not include any liquidated, penalty, incidental or consequential damages of any kind. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 SUPPP Signature:` Printed Name. Title: Date: . ; m:L� -ZLI) CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. N/A Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Attachment A: Scope of Work New tires will be ordered on an as needed basis 1 . Contractor will deliver new P265/60R 17 tires 2. Contractor shall maintain stock in sufficient amount and sizes of tires to supply the reasonable demands of the City 3. Contractor shall have five hours to deliver the tires if the order is placed before 1 lam 4. Contractor shall have 24 hours to deliver the tires if the order is placed after 1 lam 5. Contractor shall deliver tires between the hours of 8am - 5pm 6. Tires will be delivered to the City Garage, City Service Center, at 5352 Ayers St., Corpus Christi, Texas 78415 7. Contractor shall provide bill of lading when tires are delivered Page 1 of 1 Attachment B: Bid/Pricing Schedule i kx-4 YNY kCi AL k Y 4 rYY 5�4-M1fi kk+T Y;A fA of tY f'.. CJFI ;�R9MIT'T',ti,_�.L PO Bo�91053f1'•�Denv��t o, 80294 (}53`0`, 6 .,�.. ., INVOICE DATEOST.NO. ORDER NO PAGE INVOICE NO. TIRES&SERVICE 04/30/18f538311 14946 1 GCR 170992 CORPUS C630TTC 4859 BALDWIN STREET COPY CORPUS CHRISTI, TX 78408-2715 (361)883--5181. Tax Id: CORPUS CHRISTI TX 78469-9277 US SOLD CITY OF CORPUS CHRISTI SHIP CITY OF CORPUS CHRISTI TO PO BOX 9277 TO PO BOX 9277 ATTENTION FLEET MAINTANCE ATTENTION FLEET MAINTANCE CORPUS CHRISTI, TX 78469-9277 (,'ORPUS CHRISTI, TX 78469-9877 PURCHASE ORDER NO. SALES PERSON PHONE SHIP VIA Q -b 1141 361-857-191 DELIVER i ITEM NO. DESCR PT ON QTY.ORDERED QTY.SHIPPED F.E.T. PRICE NET EXTENSION 023189 FS P265/60R17 FH GTV PURSUIT BI-1080 42 42 0.00 124.40 52621.20 *BUY BOARD PROPOSAL#553-18 *CDNTRACT#710; i CFiK'D AY -,_ „�DELVI D BV:_-r TIME: OUT/IN MILEAGE: OUT/IN r)c-) 0-F V' I-1 S I S P UIL-1110'7-1= SubTht Partsi 52621.20 e Cu r a c'r.TFF.perform the above written services to their vehicle. SEE INFORMATION STATEMENT OF REVERSE SIDE REGARDING CONSUMER CREDIT CONTRACT AND SECURITY AGREEMENT X PRINT NAME/AUTHORIZED SIGNATURE NOTE: In order to save all FINANCE CHARGES,the customer must pay,in full,the entire unpaid balance by the 10th of the following r '. month.F NANCE CHARGES are Computed on amounts 30 days or more past due at the PERIODIC RATE of 1.5%PER MONTH I i)V Total JG6=1. � (MINIMUM CHARGE OF$1.00)which is an ANNUAL PERCENTAGE RATE OF 18%,The above cred t terms have been set out In accord with the Truth-In-Lending requirements ofthe Federal Government and are for the customer's benefit and protection. t PAY FROM THIS INVOICE _ PO# Date Delivered:____ —_ Disposition of Take Off Tires: Your wheel components have been inspected Fleet Authorization# _Ret'd w/Driver _Ret'd w/Dealer and it has been determined your wheel components i Credit Release# _Ret'd to Customer_Ret'd for Warranty require immediate attention. Phone:______ Customer/Fleet Acct# __ Tire Replacement Reason------_ A wheel assembly has been installed. Industry Customer/Fleet Loc# guidelines require that the torque level of the wheel nuts be rechecked between 50 and 100 Vehicle Information: For ERS Information Only: miles of operation and retorqued as necessary. Hubometer ERS Work Order#__ _ Failure to do so may result in loss of this assembly. Make Odometer DOT On Tires I acknowledge receipt of wheel assembly info, Model Color DOT Off Tires ______ Vehicle#-- Lic#/State _ Trailer# Chassis# — Driver Roll Time Tire/Wheel Pos: (Signature) Container# SerialNIN#_____--- (Name PririteaF — FILE 1 Page 1 of 1 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on 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) Employer's Liability $500,000/$500,000/$500,000 Pagel of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City, and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Delivery of New Tires for Fleet 05/09/2018 sw Risk Management Valid Through 12/31 /2018 Bond is not required for this service. Page 3 of 3 Attachment D: Warranty Requirements "Warranty: All new products ("Products") supplied by Supplier are subject to manufacturer's standard limited warranties as in effect at the time of delivery.As the exclusive remedy for breach of this warranty, Supplier, at its option, shall: (a) repair the Products, (b) replace the Products, or (c) refund the fees paid and attributable to the Products at issue for the then-current Period. Each casing retreaded using the Bandag° process (a "Bandag° Retread") and supplied to City by Supplier under this Agreement is subject to the provisions of the Bandag National Warranty, as in effect at the time of delivery. City will make no set-off, without the written consent of Supplier, for warranty claims or adjustments against any sum otherwise owing to Supplier, but settlement of such claims and adjustments will be in accordance with Supplier's warranty procedures then in effect. All warranty claims will be submitted to Supplier in accordance with warranty claims procedures in effect at the time of claim, unless Supplier notifies City otherwise. Supplier warrants that the services it provides ("Services") will be performed in a good workmanlike manner, with that standard of care, skill, and diligence normally provided by a similar professional in the performance of similar services in accordance with applicable specifications and industry standards. As the exclusive remedy for breach of this Services warranty, Supplier, at its option, shall: (a) correct or re- perform any Service that is in breach of the warranties expressed herein or (b) refund the fees paid and attributable to the Services at issue. OTHER THAN THE WARRANTIES STATED IN THE AGREEMENT, SUPPLIER DOES NOT MAKE ANY AND EXPRESSLY DISCLAIMS ALL: 1)WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, 2) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY; 3) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS OR ARISING UNDER OTHER THEORIES OF LAW OR EQUITY WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SUPPLIER, OR ANY UNDERTAKINGS,ACTS OR OMISSIONS RELATING THERETO. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY NOR ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, BE LIABLE FOR ANY INCIDENTAL, EXEMPLARY, SPECIAL, INDIRECT, CONTINGENT, PUNITIVE OR CONSEQUENTIAL DAMAGES,ANY CAUSE OF ACTION, WHETHER ARISING OUT OF BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, WHETHER BASED IN AGREEMENT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUES, OR BUSINESS, LOSS OF GOODWILL, LOSS OF USE OF PRODUCTS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, FACILITIES, SUBSTITUTE PRODUCTS OR SERVICES, DOWNTIME, DELAY OR SLOWDOWN COSTS, SPOILAGE OF MATERIAL, OR FOR ANY OTHER TYPE OF ECONOMIC LOSS, DIRECT OR INDIRECT, WHETHER OR NOT THE OTHER PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THESE OR ANY OTHER DAMAGES OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN." Page 1 of 1 mUs c.� �o w A SUPPLY AGREEMENT NO. 1710 U Tires for Fleet Maintenance yaeaoRp 1852 THIS Tires for Fleet Maintenance Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Southern Tire Mart ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide tires for Fleet Maintenance in response to Request for Bid No. N/A ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Tires for Fleet Maintenance in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $123,046.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Benjamin Sanchez Fleet Maintenance 361 .826.1959 BenjaminSCcctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Benjamin Sanchez Assistant Parts Foreman 5352 Ayers, Building 3B, Corpus Christi, Texas 78415 361 .826.1959 Fax: 361 .826.4394 IF TO SUPPLIER: Southern Tire Mart Attn: Benjamin Perez Salesman 7133 IH 37, Corpus Christi, Texas 78409 361 .241 .1300 Fax: 361 .299.6682 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 SUPPLIER Signature: R 60F=> Printed Name: Richard Conwill Title: Director of Government Sales Date: 05/18/2018 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 Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. N/A Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work New tires will be ordered on an as needed basis 1 . Contractor will deliver new 11 R22.5 tires 2. Contractor shall maintain stock in sufficient amount and sizes of tires to supply the reasonable demands of the City 3. Contractor shall have five hours to deliver the tires if the order is placed before 1 lam 4. Contractor shall have 24 hours to deliver the tires if the order is placed after 1 lam 5. Contractor shall deliver tires between the hours of 8am - 5pm 6. Tires will be delivered to the City Garage, City Service Center, at 5352 Ayers St., Corpus Christi, Texas 78415 7. Contractor shall provide a bill of lading when tires are delivered Attachment B: Bid/Pricing Schedule Southern Tire Mart III IIIIIII IIIIIIIIIIIIIIIII ESTIMATE #: 490058 EEEEEEE SSSSSSS TTTTTTT IIIIIII M M A TTTTTTT EEEEEEE E S T I M M M M A A T E EEEEEEE SSSSSSS T I M M M AAAAA T EEEEEEE E S T I M M A A T E EEEEEEE SSSSSSS T IIIIIII M M A A T EEEEEEE --------------------------------------------------------------- ***DO NOT PAY FROM THIS TICKET*** CORPUS CHRISTI SOUTHERN TIRE MART 7133 IH-37 PAGE: 1 CORPUS CHRISTI, TX 78409 361/299-6682 CUSTOMER: CITY OF CORPUS CHRISTI SHIP TO: FIRE DEPT 1201 LEOPARD CONTRACT#553-18 332982 CORPUS CHRISTI TX 78401 BUSINESS: 361/826-3923 0 SALESMAN: 66106 ESTIMATE DATE: 04/30/18 DUE: 05/30/18 PRODUCT MECHANIC QUANTITY PRICE F.E.T. EXTENSION 11R22.5 FD663 LRH 374 329.00 29.39 134037.86 F211206 FET -374 29.39 -10991.86 FET MERCHANDISE: 123046.00 OTHER: 10991.86- F.E.T. : 10991.86 ESTIMATE TOTAL: 123046.00 ********THIS IS NOT AN INVOICE********* *******DO NOT PAY FROM THIS FORM******* 2 *******WE APPRECIATE YOUR BUSINESS******* Checked Out By: Delivered By: --------------------------------------------------------------- EEEEEEE SSSSSSS TTTTTTT IIIIIII M M A TTTTTTT EEEEEEE E S T I M M M M A A T E EEEEEEE SSSSSSS T I M M M AAAAA T EEEEEEE E S T I M M A A T E EEEEEEE SSSSSSS T IIIIIII M M A A T EEEEEEE --------------------------------------------------------------- ***DO NOT PULL INVENTORY*** PLEASE REMIT To: Dept.143 PRINTED NAME!CUSTOMER SIGNATURE P.Q.BOX 1000 IMPORTANT:CUSTOMER SHOULD RE-CHECK TORQUE ON LUG NUTS Memphis,TN 381W143 ON WHEELS SERVICED AFTER 25 TO 1W MILES OF OPERATION Page 1 of 1 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on 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) Employer's Liability $500,000/$500,000/$500,000 Pagel of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Delivery of New Tires for Fleet 05/09/2018 sw Risk Management Valid Through 12/31 /2018 Bond is not required for this service. Page 3 of 3 Attachment D: Warranty Requirements Upon examination by Bridgestone, before wearing down to 2/32 inch (1 .6 mm) remaining original tread depth (i.e. worn down to the top of the built-in indicators in the original tread grooves) and within six years from the date of tire manufacture, any eligible tire that becomes unusable for any reason within the manufacturer's control will either be repaired or replaced with an equivalent new Firestone brand truck tire on the basis set forth in this Limited Warranty. Page 1 of 1